[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Rules and Regulations]
[Pages 55779-55780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26039]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2009-OS-0147]

32 CFR Part 322


Privacy Act; Implementation

AGENCY: National Security Agency/Central Security Services, DoD.

ACTION: Final rule with request for comment.

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SUMMARY: The National Security Agency/Central Security Services (NSA/
CSS) is adding an exemption rule for the system of records GNSA 25, 
``NSA/CSS Travel Records.'' The Privacy Act system of records notice 
has already been published on June 8, 2009 (74 FR 27116).

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/RIN 
number and title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, 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. Anne Hill at (301) 688-6527.

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 a 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 95-511, ``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 322

    Privacy.

0
Accordingly, 32 CFR part 322 is amended as follows:

PART 322--NATIONAL SECURITY AGENCY/CENTRAL SECURITY SERVICES 
PRIVACY ACT PROGRAM

0
1. The authority citation for 32 CFR part 322 continues to read as 
follows:

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


0
2. Section 322.7 is amended by adding paragraph (r) to read as follows:


Sec.  322.7  Exempt systems of records.

* * * * *
    (r) GNSA 25.
    (1) System name: NSA/CSS Operations Travel Records.
    (2) Exemption: (i) Investigatory material compiled for law 
enforcement purposes, other than material within the scope of 
subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 
552a(k)(2). However, if an individual is denied any right, privilege, 
or benefit for which he would otherwise be entitled by Federal law or 
for which he would otherwise be eligible, as a result of the 
maintenance of the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identify of a confidential source. Note: When claimed, this 
exemption allows limited protection of investigative reports maintained 
in a system of records used in personnel or administrative actions.
    (ii) Records maintained solely for statistical research or program 
evaluation purposes and which are not used to make decisions on the 
rights, benefits, or entitlement of an individual except for census 
records which may be disclosed under 13 U.S.C. 8, may be exempt 
pursuant to 5 U.S.C. 552a(k)(4).
    (3) Authority: 5 U.S.C. 552a(k)(2)(k)(4).
    (4) Reasons: (i) From subsection (c)(3) because the release of the 
disclosure accounting would place the subject of an investigation on 
notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (ii) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to 
the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable

[[Page 55780]]

information that would allow interference with or compromise of 
witnesses or render witnesses reluctant to cooperate; lead to 
suppression, alteration, or destruction of evidence; enable individuals 
to conceal their wrongdoing or mislead the course of the investigation; 
and result in the secreting of or other disposition of assets that 
would make them difficult or impossible to reach in order to satisfy 
any Government claim growing out of the investigation or proceeding.
    (iii) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (iv) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigative purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (v) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants.

    Dated: October 7, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-26039 Filed 10-28-09; 8:45 am]
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