[Federal Register Volume 71, Number 213 (Friday, November 3, 2006)]
[Rules and Regulations]
[Pages 64631-64632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18588]


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DEPARTMENT OF DEFENSE

32 CFR Part 312

[Docket No. DOD-2006-OS-0168]
RIN 0790-AI01


 Inspector General; Privacy Act; Implementation

AGENCY: Inspector General, DoD.

ACTION: Final rule.

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SUMMARY: The Office of the Inspector General (OIG) is exempting those 
records in a new system of records (CIG-23, ``Public Affairs Files,'' 
(August 7, 2006, 71 FR 44667)) in its inventory of systems of records 
pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: Effective Date: December 4, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. Darryl R. Aaron at (703) 604-9785.

SUPPLEMENTARY INFORMATION: The proposed rule was published on August 7, 
2006, at 71 FR 44602. No comments were received. The rule is therefore 
adopted as published below.

Executive Order 12866, ``Regulatory Planning and Review''

    It has been determined that Privacy Act rules for the Department of 
Defense are not significant rules. The rules do not (1) have an annual 
effect on the economy of $100 million or more or adversely affect in a 
material way the economy; a sector of the economy; productivity; 
competition; jobs; the environment; public health or safety; or State, 
local, or tribal governments or communities; (2) create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another Agency; (3) materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs, or the rights and 
obligations of recipients thereof; or (4) raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in this Executive order.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)

    It has been determined that Privacy Act rules for the Department of 
Defense do not have significant economic impact on a substantial number 
of small entities because they are concerned only with the 
administration of Privacy Act

[[Page 64632]]

systems of records within the Department of Defense.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been determined that Privacy Act rules for the Department of 
Defense impose no information requirements beyond the Department of 
Defense and that the information collected within the Department of 
Defense is necessary and consistent with 5 U.S.C. 552a, known as the 
Privacy Act of 1974.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been determined that Privacy Act rulemaking for the 
Department of Defense does not involve a Federal mandate that may 
result in the expenditure by State, local and tribal governments, in 
the aggregate, or by the private sector, of $100 million or more and 
that such rulemaking will not significantly or uniquely affect small 
governments.

Executive Order 13132, ``Federalism''

    It has been determined that Privacy Act rules for the Department of 
Defense do not have federalism implications. The rules do not have 
substantial direct effects on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

List of Subjects in 32 CFR Part 312

    Privacy.


0
Accordingly, 32 CFR part 312 is amended as follows:

PART 312--OIG PRIVACY ACT PROGRAM

0
1. The authority citation for 32 CFR part 312 continues to read as 
follows:

    Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).


0
2. Sec.  312.12, is amended by adding paragraph (j) to read as follows:


Sec.  312.12  Exemptions.

* * * * *
    (j) System identifier: CIG 23
    (1) System name: Public Affairs Files.
    (2) Exemption: During the course of processing a General Counsel 
action, exempt materials from other systems of records may in turn 
become part of the case records in this system. To the extent that 
copies of exempt records from those `other' systems of records are 
entered into the Public Affairs Files, the Office of the Inspector 
General hereby claims the same exemptions for the records from those 
`other' systems that are entered into this system, as claimed for the 
original primary systems of records which they are a part.
    (3) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), (k)(4), 
(k)(5), (k)(6), and (k)(7).
    (4) Reasons: Records are only exempt from pertinent provisions of 5 
U.S.C. 552a to the extent (1) such provisions have been identified and 
an exemption claimed for the original record and (2) the purposes 
underlying the exemption for the original record still pertain to the 
record which is now contained in this system of records. In general, 
the exemptions were claimed in order to protect properly classified 
information relating to national defense and foreign policy, to avoid 
interference during the conduct of criminal, civil, or administrative 
actions or investigations, to ensure protective services provided the 
President and others are not compromised, to protect the identity of 
confidential sources incident to Federal employment, military service, 
contract, and security clearance determinations, to preserve the 
confidentiality and integrity of Federal testing materials, and to 
safeguard evaluation materials used for military promotions when 
furnished by a confidential source. The exemption rule for the original 
records will identify the specific reasons why the records are exempt 
from specific provisions of 5 U.S.C. 552a.

    Dated: October 30, 2006.
C.R. Choate,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E6-18588 Filed 11-2-06; 8:45 am]
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