[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Rules and Regulations]
[Pages 69551-69552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27518]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2013-OS-0218]

32 CFR Part 319


Privacy Act; Implementation

AGENCY: Defense Intelligence Agency, DoD.

ACTION: Direct final rule with request for comments.

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SUMMARY: Defense Intelligence Agency (DIA) is proposing to update the 
DIA Privacy Act Program by adding the (k)(2) and (k)(5) exemptions to 
accurately describe the basis for exempting the records in the system 
of records notice LDIA 10-0004 Occupational, Safety, Health, and 
Environmental Management Records.
    This direct final rule makes non-substantive changes to the Defense 
Intelligence Agency Program rules. These changes will allow the 
Department to add exemption rules to the DIA Privacy Program rules that 
will exempt applicable Department records and/or material from certain 
portions of the Privacy Act. This will improve the efficiency and 
effectiveness of DoD's program by ensuring the integrity of the 
security and counterintelligence records by the Defense Intelligence 
Agency and the Department of Defense.
    This rule is being published as a direct final rule as the 
Department of Defense does not expect to receive any adverse comments, 
and so a proposed rule is unnecessary.

DATES: The rule will be effective on January 29, 2014 unless adverse 
comment is received by January 21, 2014. If adverse comment is 
received, Department of Defense will publish a timely withdrawal of the 
rule in the Federal Register.

ADDRESSES: You may submit comments, identified by docket 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, 4800 Mark 
Center Drive; East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-
3100.
    Instructions: All submissions received must include the agency name 
and docket number 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 Defense 
Intelligence Agency, DAN 1-C, 600 MacDill Blvd., Washington, DC 20340-
0001 or by phone 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 non-substantive changes dealing with 
DoD's management of its Privacy Programs. 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.

[[Page 69552]]

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

    It has been determined that this rule is not a significant rule. 
This rule does 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)

    This rule will not have significant economic impact on a 
substantial number of small entities because it is concerned only with 
the administration of Privacy Act systems of records within the 
Department of Defense. A Regulatory Flexibility Analysis is not 
required.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    This rule does not contain any information collection requirements 
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    These amendments 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''

    These amendments 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. Therefore, no Federalism assessment is 
required.

List of Subjects in 32 CFR Part 319

    Privacy.

    Accordingly, 32 CFR part 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, 88 Stat. 1896 (5 U.S.C. 552a).


0
2. Section 319.13 is amended by adding paragraph (m) to read as 
follows:


Sec.  319.13  Specific exemptions.

* * * * *
    (m) System identifier and name: LDIA 10-0004 Occupational, Safety, 
Health, and Environmental Management Records.
    (1) Exemptions: Any portion of this record system which falls 
within the provisions of 5 U.S.C. 552a(k)(2)(k)(4) and (k)(5) may be 
exempt from the following subsections of 5 U.S.C. 552a: (c)(3); (d)(1), 
(d)(2), (d)(3), (d)(4), (d)(5); (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I); (f)(1), (f)(2), (f)(2), (f)(3), (f)(4), (f)(5).
    (2) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (3) The reasons for asserting these exemptions are to ensure the 
integrity of an investigative or administrative process and to protect 
statistical records. The execution requires that information be 
provided in a free and open manner without fear of retribution or 
harassment in order to facilitate a just, thorough, and timely 
resolution during an investigation or administrative action. 
Disclosures from this system can enable individuals to conceal their 
wrongdoing or mislead the course of the investigation by concealing, 
destroying, or fabricating evidence or documents. In addition, 
disclosures can subject sources and witnesses to harassment or 
intimidation which may cause individuals to not to seek redress for 
concerns about occupational safety, health, environmental issues and 
accident reporting. Information is used to comply regulatory reporting 
requirements.

    Dated: November 13, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2013-27518 Filed 11-19-13; 8:45 am]
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