[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Rules and Regulations]
[Pages 55778-55779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26030]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2009-OS-0043]

32 CFR Part 311


Privacy Act; Implementation

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Final rule with request for comments.

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SUMMARY: The Office of the Secretary of Defense shall exempt those 
records contained in DWHS E06, Enterprise Correspondence Control System 
(ECCS), when an exemption has been previously claimed for the records 
in another Privacy Act system of records. The exemption is intended to 
preserve the exempt status of the records when the purposes underlying 
the exemption for the original records are still valid and necessary to 
protect the contents of the records. The Privacy Act system of records 
notice has already been published on August 19, 2009 (74 FR 41870).

DATES: The rule will be effective on December 28, 2009 unless comments 
are received that would result in a contrary determination. Comments 
will be accepted on or before December 28, 2009.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket management System Office, 1160 
Defense Pentagon, Room 3C843, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard at (703) 588-6830.

SUPPLEMENTARY INFORMATION: 

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 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 the Privacy Act rules for the 
Department of Defense do 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 the 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 323

    Privacy.

0
Accordingly, 32 CFR part 311 is amended as follows:

PART 311--OSD PRIVACY PROGRAM

0
1. The authority citation for 32 CFR part 311 continues to read as 
follows:

    Authority:  Privacy Act of 1974, Pub. L. 93-579, Stat. 1896 (5 
U.S.C. 552a).


0
2. Section 311.8 is amended to add paragraph (b)(16) to read as 
follows:


Sec.  311.8  Procedures for exemptions.

* * * * *
    (b) * * *
    (16) System identifier and name: DWHS E06, Enterprise 
Correspondence Control System (ECCS).
    (i) Exemption: During the staffing and coordination of actions to, 
from, and within components in conduct of daily business, exempt 
materials from other systems of records may in turn become part of the 
case record in this document control system. To the extent that copies 
of exempt records from those ``other'' systems of records are entered 
into this system, the Office of the Secretary of Defense hereby claims 
the same exemptions for the records from those ``other'' systems that 
are entered into this system, as claimed for the original primary 
system of which they are a part.
    (ii) Authority: 5 U.S.C. 552a (j)(2) and (k)(1) through (k)(7).
    (iii) Records are only exempt from pertinent provisions of 5 U.S.C. 
552a to the extent such provisions have been identified and an 
exemption claimed for the original record and 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

[[Page 55779]]

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 7, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-26030 Filed 10-28-09; 8:45 am]
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