[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75688-75690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29408]


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DEPARTMENT OF DEFENSE

Department of the Air Force

[Docket ID: USAF-2008-0046]


Privacy Act of 1974; System of Records

AGENCY: Department of the Air Force, DoD.

ACTION: Notice to Alter a System of Records.

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SUMMARY: The Department of the Air Force is proposing to alter a system 
of records notice in its existing inventory of record systems subject 
to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: The proposed action will be effective on January 12, 2009 unless 
comments are received that would result in a contrary determination.

ADDRESSES: Send comments to the Air Force Privacy Act Officer, Office 
of Warfighting Integration and Chief Information Officer, SAF/XCPPI, 
1800 Air Force Pentagon, Washington, DC 20330-1800.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Brodie at (703) 696-7557.

SUPPLEMENTARY INFORMATION: The Department of the Air Force systems of 
records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as 
amended, have been published in the Federal Register and are available 
from the address above.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on December 4, 2008, to 
the House Committee on Oversight and Government Reform, the Senate 
Committee on Homeland Security and Governmental Affairs, and the Office 
of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I 
to OMB Circular No. A-130, ``Federal Agency Responsibilities for 
Maintaining Records About Individuals,'' dated February 8, 1996 
(February 20, 1996, 61 FR 6427).

    Dated: December 8, 2008.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F051 AFJA A

System name:
    Freedom of Information Act Appeals (June 11, 1997, 62 FR 31793).

Changes:
* * * * *

System location:
    Delete entry and replace with ``The Judge Advocate General, 
Headquarters United States Air Force, 1420 Air Force Pentagon, 
Washington, DC 20330-1420.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Individuals who have appealed 
Freedom of Information Act (FOIA) denials to the Secretary of the Air 
Force under The Freedom of Information Act and applicable Air Force 
Instructions.''

Categories of records in the system:
    Delete entry and replace with ``Individual's name, Social Security 
Number (SSN) and grade; letters; memoranda; legal opinions; reports; e-
mail messages; forms; and other documents necessary to process Freedom 
of Information Act (FOIA) appeals.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 8013, Secretary of the 
Air Force; 10 U.S.C. 8037, Judge Advocate General, Deputy Judge 
Advocate General: Appointment and duties; 5 U.S.C. 552, The Freedom of 
Information Act, as amended; DoD Regulation 5400.7-R/Air Force 
Supplement and E.O. 9397 (SSN).''

Purpose(s):
    Delete entry and replace with ``To evaluate appeals to the 
Secretary of the Air Force from denials of requests for documents 
sought pursuant to the FOIA; used by the Air Force Audit Agency to 
conduct audits; used by other DoD and Air Force agencies to provide 
guidelines and precedents and in litigation involving the United 
States.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry ``Records from this system of records may be disclosed 
to the Department of Justice for litigation.''
* * * * *

Storage:
    Delete entry and replace with ``Maintained in hard copy file 
folders and on electronic storage media.''

Retrievability:
    Delete entry and replace with ``Retrieved by name or Social 
Security Number (SSN).''

Safeguards:
    Delete entry and replace with ``Records are accessed by authorized 
personnel as necessary to accomplish their official duties. Paper 
records are stored in locked containers and/or secure facilities. 
Computer records have

[[Page 75689]]

access controls and are password protected and encrypted.''

Retention and disposal:
    Delete entry and replace with ``Retained in office files for two 
years, then transferred to the General Services Administration where 
they will be disposed of after four additional years. Paper records are 
disposed of by tearing into pieces, shredding, pulping, macerating, or 
burning. Computer records are destroyed by deleting, erasing, 
degaussing, or by overwriting.''

System manager(s) and address:
    Delete entry and replace with ``The Judge Advocate General, 
Headquarters United States Air Force, 1420 Air Force Pentagon, 
Washington, DC 20330-1420, or designee.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to The Judge Advocate General, Headquarters 
United States Air Force, 1420 Air Force Pentagon, Washington, DC 20330-
1420.
    Requesters must submit their name, grade, and personal 
identification. Individuals may be required to provide the name of the 
installation where documents are suspected to be along with the general 
dates of the documents, if known.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to The Judge Advocate General, Headquarters United 
States Air Force, 1420 Air Force Pentagon, Washington, DC 20330-1420.
    Requesters must submit their name, grade, and personal 
identification. Individuals may be required to provide the name of the 
installation where documents are suspected to be along with the general 
dates of the documents, if known.''

Contesting record procedures:
    Delete entry and replace with ``The Air Force rules for accessing 
records, and for contesting contents and appealing initial agency 
determinations are published in Air Force Instruction 33-332; 32 CFR 
part 806b; or may be obtained from the system manager.''

Record source categories:
    Delete entry and replace with ``From the requestors for their 
appeal and all Air Force records compiled to respond and process 
initial FOIA request.''

Exemptions claimed for this system:
    Delete entry and replace with ``During the course of a FOIA 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 
this FOIA case record, the Department of the Air Force 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.
    An exemption rule for this system has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) 
and (e) and published in 32 CFR part 505. For additional information 
contact the system manager.''
F051 AFJA A

System name:
    Freedom of Information Act Appeal Records.

System location:
    The Judge Advocate General, Headquarters United States Air Force, 
1420 Air Force Pentagon, Washington, DC 20330-1420.

Categories of individuals covered by the system:
    Individuals who have appealed Freedom of Information Act (FOIA) 
denials to the Secretary of the Air Force under 5 U.S.C. 552 and 
applicable Air Force Instructions.

Categories of records in the system:
    Individual's name, Social Security Number (SSN) and grade; letters; 
memoranda; legal opinions; reports; e-mail messages; forms; and other 
documents necessary to process Freedom of Information Act (FOIA) 
appeals.

Authority for maintenance of the system:
    10 U.S.C. 8013, Secretary of the Air Force; 10 U.S.C. 8037, Judge 
Advocate General, Deputy Judge Advocate General: Appointment and 
duties; 5 U.S.C. 552, The Freedom of Information Act, as amended; DoD 
Regulation 5400.7-R/Air Force Supplement and E.O. 9397 (SSN).

Purpose(s):
    To evaluate appeals to the Secretary of the Air Force from denials 
of requests for documents sought pursuant to the Freedom of Information 
Act (FOIA); used by the Air Force Audit Agency to conduct audits; used 
by other DoD and Air Force agencies to provide guidelines and 
precedents; and in litigation involving the United States.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    The `Blanket Routine Uses' published at the beginning of the Air 
Force's compilation of systems of records notices apply to this system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Maintained in hard copy file folders and on electronic storage 
media.

Retrievability:
    Retrieved by name or Social Security Number (SSN).

Safeguards:
    Records are accessed by authorized personnel as necessary to 
accomplish their official duties. Paper records are stored in locked 
containers and/or secure facilities. Computer records have access 
controls and are password protected and encrypted.

Retention and disposal:
    Retained in office files for two years, then transferred to the 
General Services Administration where they will be disposed of after 
four additional years. Paper records are disposed of by tearing into 
pieces, shredding, pulping, macerating, or burning. Computer records 
are destroyed by deleting, erasing, degaussing, or by overwriting.

System manager(s) and address:
    The Judge Advocate General, Headquarters United States Air Force, 
1420 Air Force Pentagon, Washington, DC 20330-1420, or designee.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to The Judge Advocate General, Headquarters United States Air Force, 
1420 Air Force Pentagon, Washington, DC 20330-1420.
    Requesters must submit their name, grade, and personal 
identification. Individuals may be required to provide the name of the 
installation where documents are suspected to be along with the general 
dates of the documents, if known.

[[Page 75690]]

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to The Judge 
Advocate General, Headquarters United States Air Force, 1420 Air Force 
Pentagon, Washington, DC 20330-1420.
    Requesters must submit their name, grade, and personal 
identification. Individuals may be required to provide the name of the 
installation where documents are suspected to be along with the general 
dates of the documents, if known.

Contesting record procedures:
    The Air Force rules for accessing records, and for contesting 
contents and appealing initial agency determinations are published in 
Air Force Instruction 33-332; 32 CFR part 806b; or may be obtained from 
the system manager.

Record source categories:
    From the requestors for their appeal and all Air Force records 
compiled to respond and process initial FOIA request.

Exemptions claimed for this system:
    During the course of a FOIA 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 this FOIA case record, the 
Department of the Air Force 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.
    An exemption rule for this system has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) 
and (e) and published in 32 CFR part 806b. For additional information 
contact the system manager.

[FR Doc. E8-29408 Filed 12-11-08; 8:45 am]
BILLING CODE 5001-06-P