[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Rules and Regulations]
[Page 55787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26036]



[[Page 55787]]

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DEPARTMENT OF DEFENSE

Department of the Air Force

[Docket ID: USAF-2009-0019]

32 CFR Part 806b


Privacy Act; Implementation

AGENCY: Department of the Air Force, DoD.

ACTION: Final rule with request for comments.

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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)(5) exemption to accurately describe the basis for exempting the 
records. The Privacy Act system of records notice, F036 AETC X, 
entitled ``College Scholarship Program'', was published on July 7, 2008 
(73 FR 38411). The same notice was amended on August 22, 2008 (73 FR 
49659) requesting a System ID change.

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: 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.

0
Accordingly, 32 CFR part 806b is amended as follows:

PART 806b--PRIVACY ACT PROGRAM

0
1. The authority citation for 32 CFR part 806b continues to read as 
follows:

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


0
2. Paragraph (e) of Appendix D to 32 CFR part 806b is amended by adding 
paragraph (24) to read as follows:

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

* * * * *
    (24) System identifier and name: F036 AETC X, College 
Scholarship Program.
    (i) Exemption: Investigatory material compiled solely for the 
purpose of determining suitability * * * the identity of a 
confidential source. Therefore, portions of this system may be 
exempt pursuant to 5 U.S.C. 552a(k)(5) from the following 
subsections of 5 U.S.C. 552a(c)(3), (d), and (e)(1).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: (A) From subsection (c)(3) and (d) and when 
access to accounting disclosures and access to or amendment of 
records would cause the identity of a confidential sources to be 
revealed. Disclosure of the source's identity not only will result 
in the Department breaching the promise of confidentiality made to 
the source but it will impair the Department's future ability to 
compile investigatory material for the purpose of determining 
suitability, eligibility, or qualifications for Federal civilian 
employment, Federal contracts, or access to classified information. 
Unless sources can be assured that a promise of confidentiality will 
be honored, they will be less likely to provide information 
considered essential to the Department in making the required 
determinations.
    (B) From (e)(1) because in the collection of information for 
investigatory purposes, it is not always possible to determine the 
relevance and necessity of particular information in the early 
stages of the investigation. In some cases, it is only after the 
information is evaluated in light of other information that its 
relevance and necessity becomes clear. Such information permits more 
informed decision-making by the Department when making required 
suitability, eligibility, and qualification determinations.
* * * * *

    Dated: October 7, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-26036 Filed 10-28-09; 8:45 am]
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