[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Proposed Rules]
[Pages 42234-42235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17954]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 311

[Docket ID: DOD-2018-OS-0055]


Privacy Act of 1974; Implementation

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Office of the Secretary of Defense proposes to exempt some 
records maintained in DMDC 18 DoD, ``Synchronized Predeployment and 
Operational Tracker Enterprise Suite (SPOT-ES) Records,'' from 
subsection (d) of the Privacy Act. A system of records notice for this 
system has been published elsewhere in this issue of the Federal 
Register.

DATES: In accordance with 5 U.S.C. 553(b)(1), (2) and (3), the public 
is given a 30-day period in which to comment. Therefore, please submit 
any comments by September 20, 2018.

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: Department of Defense, Office of the Chief 
Management Officer, Directorate for Oversight and Compliance, 4800 Mark 
Center Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350-1700.
    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. Luz D. Ortiz, Chief, Records, 
Privacy and Declassification Division (RPDD), 1155 Defense Pentagon, 
Washington, DC 20311-1155, or by phone at (571) 372-0478.

SUPPLEMENTARY INFORMATION: This proposed modification to 32 CFR part 
311 adds a new Privacy Act exemption rule for the Synchronized 
Redeployment and Operational Tracker Enterprise Suite (SPOT-ES), which 
is used at installations to manage, track, account for, monitor, and 
report on contracts, companies, and contractor employees supporting 
contingency operations, humanitarian assistance operations, peace 
operations, disaster relief operations, military exercises, events, and 
other activities that require contractor support. Contract scope, 
installations, and/or activities requiring contractor support as 
documented in SPOT-ES may be classified under Executive Order (E.O.) 
13526, ``Classified National Security Information.'' Information 
classified under E.O. 13526, as implemented by DoD Manual (DoDM) 
5200.01 Volume 1, and DoD Instruction (DoDI) 5200.01, may be exempt 
pursuant to 5 U.S.C. 552a(k)(1). Granting unfettered access to 
information that is properly classified pursuant to those authorities 
may cause damage to the national security.

Regulatory Procedures

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

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 also emphasizes the importance of quantifying both costs 
and benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule is not a significant regulatory action under 
E.O. 12866.

Executive Order 13771, ``Reducing Regulation and Controlling Regulatory 
Costs''

    This proposed rule is not a deregulatory action but a modification 
to an existing rule.

2 U.S.C. Ch. 25, ``Unfunded Mandates Reform Act''

    This proposed rule is not subject to the Unfunded Mandates Reform 
Act (UMRA) (2 U.S.C. 1532) because it does not contain a federal 
mandate that may result in the expenditure by state, local, and tribal 
governments, in the aggregate, or by the private sector, of $100M or 
more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)

    It has been certified that this rule does not have a 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 DoD. A Regulatory Flexibility Analysis is not required.

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

    It has been determined that this rule does not impose additional 
information collection requirements on the public under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has Federalism 
implications. This proposed rule will not have a substantial effect on 
State and local governments.

List of Subjects in 32 CFR Part 311

    Privacy.

    Accordingly, 32 CFR part 311 is proposed to be amended as follows:

PART 311--[AMENDED]

0
1. The authority citation for 32 CFR part 311 continues to read as 
follows:

    Authority:  5 U.S.C. 552a.

0
2. Section 311.8 is amended by adding paragraph (c)(28) to read as 
follows:


Sec.  311.8  Procedures for exemptions.

* * * * *
    (c) * * *

[[Page 42235]]

    (28) System identifier and name: DMDC 18 DoD, Synchronized 
Predeployment and Operational Tracker Enterprise Suite (SPOT-ES) 
Records.
    (i) Exemption: Information classified under E.O. 13526, as 
implemented by DoD 5200.1-R, may be exempt pursuant to 5 U.S.C. 
552a(k)(1).
    (ii) Authority: 5 U.S.C. 552a(k)(1).
    (iii) Reasons: From subsection 5 U.S.C. 552a(d) because granting 
access to information that is properly classified pursuant to E.O. 
13526, as implemented by DoD Manual 5200.01 Volume 1, and DoD 
Instruction 5200.01, may cause damage to the national security.

    Dated: August 15, 2018.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2018-17954 Filed 8-20-18; 8:45 am]
BILLING CODE 5001-06-P