[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Rules and Regulations]
[Pages 25505-25506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10190]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 312

[Docket ID: DoD-2014-OS-0060]


Privacy Act of 1974; Implementation

AGENCY: Office of Inspector General, DoD.

ACTION: Direct final rule with request for comments.

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SUMMARY: The Office of Inspector General is exempting a new system of 
records, CIG-29, entitled, ``Privacy and Civil Liberties Complaint 
Reporting System'' from subsections (c)(3); (d)(1), (2), (3), (4); 
(e)(1) and (e)(4); (G), (H), (I); and (f) of the Privacy Act, pursuant 
to 5 U.S.C. 552a.
    This direct final rule makes no substantive changes to the Office 
of Inspector General Privacy Program rules.
    These changes will allow the Department to add an exemption rule to 
the Office of Inspector General 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 preserving the exempt status of the applicable records 
and/or material when the purposes underlying the exemption(s) are valid 
and necessary.
    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: This rule will be effective on July 14, 2014 unless adverse 
comment is received by July 7, 2014. If adverse comment is received, 
the 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: Mark Dorgan, DoD IG FOIA/Privacy 
Office, Department of Defense, Inspector General, 4800 Mark Center 
Drive, Alexandria, VA 22350-1500 or telephone: (703) 699-5680.

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 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 25506]]

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 312

    Privacy.

    Accordingly, 32 CFR part 312 is amended as follows:

PART 312--OFFICE OF THE INSPECTOR GENERAL (OIG) PRIVACY PROGRAM

0
1. The authority citation for 32 CFR part 312 continues to read as 
follows:

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

0
2. Section 312.12 is amended by adding paragraph (k) to read as 
follows:


Sec.  312.12  Exemptions.

* * * * *
    (k) System identifier: CIG-29.
    (1) System Name: Privacy and Civil Liberties Complaint Reporting 
System.
    (2) Exemptions: Any portion of this record system which falls 
within the provisions of 5 U.S.C. 552a (j)(2), (k)(2)and (k)(5) may be 
exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), 
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I).
    (3) Authority: 5 U.S.C. 552a(j)(2), (k)(2), and (k)(5).
    (4) Reasons: To ensure the integrity of the privacy and civil 
liberties process. 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 of the 
complaint or inquiry. 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 not to seek 
redress for wrongs through privacy and civil liberties channels for 
fear of retribution or harassment. There is a clear need to protect 
national security information from inadvertent disclosure.

    Dated: April 30, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2014-10190 Filed 5-2-14; 8:45 am]
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