[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Proposed Rules]
[Pages 55796-55797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26035]


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DEPARTMENT OF DEFENSE

Department of the Air Force

[Docket ID: USAF-2009-0018]

32 CFR Part 806b


Privacy Act; Implementation

AGENCY: Department of the Air Force, DoD.

ACTION: Proposed rule with request for comments.

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[[Page 55797]]

SUMMARY: The Department of the Air Force is updating the Department of 
the Air Force Privacy Act Program Rules, 32 CFR part 806b, by adding 
the (k)(1) thru (k)(7) exemptions to accurately describe the basis for 
exempting the records. The Privacy Act system of records notice, F051 
AF JAA, entitled ``Freedom of Information Appeal Records'', has already 
been published on December 12, 2008 (73 FR 75688).

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

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: Mr. Ben Swilley at (703) 696-6648.

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 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 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 806b

    Privacy.

    Accordingly, 32 CFR part 806b is amended as follows:

PART 806b--PRIVACY ACT PROGRAM

    1. The authority citation for 32 CFR part 806b continues to read as 
follows:

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

    2. Paragraph (e) of Appendix D to 32 CFR part 806b is amended by 
adding paragraph (26) to read as follows:

Appendix D to Part 806b--General and Specific Exemptions

* * * * *
    (26) System identifier and name: F051 AF JAA, Freedom of 
Information Appeal Records.
    (i) Exemption: During the processing of a Privacy Act request, 
exempt materials from other systems of records may in turn become 
part of the case record in this system. To the extent that copies of 
exempt records from those `other' systems of records are entered 
into this system, 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 system 
of which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) Reason: 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, and to preserve the confidentiality and integrity of 
Federal evaluation materials. 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 7, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. E9-26035 Filed 10-28-09; 8:45 am]
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