[Federal Register Volume 76, Number 155 (Thursday, August 11, 2011)]
[Rules and Regulations]
[Pages 49658-49659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20238]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 319

[Docket ID DOD-2011-OS-0022]


Privacy Act; Implementation

AGENCY: Defense Intelligence Agency, DoD.

ACTION: Direct final rule with request for comments.

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SUMMARY: The Defense Intelligence Agency is deleting an exemption rule 
for LDIA 0275, ``DoD Hotline Referrals'' in its entirety. This direct 
final rule makes nonsubstantive changes to the Defense Intelligence 
Agency Privacy Program rules. These changes will allow the Department 
to transfer these records to another system of records LDIA 0271, 
``Investigations and Complaints'' (July 19, 2006, 71 FR 41006). This 
will improve the efficiency and effectiveness of DoD's program by 
preserving the exempt status of the records when the purposes 
underlying the exemption are valid and necessary to protect the 
contents of the records. This rule is being published as a direct final 
rule as the Department of Defense does not

[[Page 49659]]

expect to receive any adverse comments, and so a proposed rule is 
unnecessary.

DATES: The rule will be effective on October 20, 2011 unless comments 
are received that would result in a contrary determination. Comments 
will be accepted on or before October 11, 2011.

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. Theresa Lowery at (202) 231-1193.

SUPPLEMENTARY INFORMATION:

Direct Final Rule and Significant Adverse Comments

    DoD has determined this rulemaking meets the criteria for a direct 
final rule because it involves nonsubstantive changes dealing with 
DoD's management of its Privacy Progams. DoD expects no opposition to 
the changes and no significant adverse comments. However, if DoD 
receives a significant adverse comment, the Department will withdraw 
this direct final rule by publishing a notice in the Federal Register. 
A significant adverse comment is one that explains: (1) Why the direct 
final rule is inappropriate, including challenges to the rule's 
underlying premise or approach; or (2) why the direct final rule will 
be ineffective or unacceptable without a change. In determining whether 
a comment necessitates withdrawal of this direct final rule, DoD will 
consider whether it warrants a substantive response in a notice and 
comment process.

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory 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 these Executive orders.

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 additional information collection requirements on the 
public under the Paperwork Reduction Act of 1995.

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 319

    Privacy.

    Accordingly, 32 CFR 319 is amended as follows:

PART 319--DEFENSE INTELLIGENCE AGENCY PRIVACY PROGRAM

0
1. The authority citation for 32 CFR part 319 continues to read as 
follows:

    Authority: Pub. L. 93-579, 5 U.S.C. 552a(f) and (k).


0
2. In Sec.  319.13 remove and reserve paragraph (d) to read as follows:


Sec.  319.13  Specific exemptions.

* * * * *
    (d) [Reserved].
* * * * *

    Dated: July 8, 2011.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2011-20238 Filed 8-10-11; 8:45 am]
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