[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Rules and Regulations]
[Pages 55782-55783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26052]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2009-OS-0008]

32 CFR Part 323


Privacy Act; Implementation

AGENCY: Defense Logistics Agency, DoD.

ACTION: Final rule with request for comments.

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SUMMARY: The Defense Logistics Agency shall exempt those records 
contained in S510.30, Freedom of Information Act/Privacy Act Requests 
and Administrative Appeal Records, 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 January 22, 2009 (74 FR 4009).

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

[[Page 55783]]

received without change, including any personal identifiers or contact 
information.

FOR FURTHER INFORMATION CONTACT: Ms. Jody Sinkler at (703) 767-5045.

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 rulemaking for the 
Department of Defense does 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 323 is amended as follows:

PART 323--DLA PRIVACY ACT PROGRAM

0
1. The authority citation for 32 CFR part 323 continues to read as 
follows:

    Authority:  Privacy Act of 1974, Pub. L. 93-579, 88 Stat. 1896 
(5 U.S.C. 552a).


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2. Appendix H to 32 CFR part 323 is amended to add paragraph g. to read 
as follows:

Appendix H to Part 323--DLA Exemption Rules

* * * * *
    g. ID: S510.30 (Specific/General Exemption)
    1. System name: Freedom of Information Act/Privacy Act Requests 
and Administrative Appeal Records.
    2. Exemption: During the processing of a Freedom of Information 
Act/Privacy Act request (which may include access requests, 
amendment requests, and requests for review for initial denials of 
such requests), 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 Defense Logistics Agency 
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.
    3. Authority: 5 U.S.C. 552a (k)(1) through (k)(7).
    4. Reasons: 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 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. E9-26052 Filed 10-28-09; 8:45 am]
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