[Federal Register Volume 86, Number 93 (Monday, May 17, 2021)]
[Rules and Regulations]
[Pages 26671-26672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10313]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 310

[Docket ID: DoD-2018-OS-0055]
RIN 0790-AK41


Privacy Act of 1974; Implementation

AGENCY: Office of the Secretary of Defense, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: The Office of the Secretary of Defense is finalizing the rule 
to exempt from the Privacy Act some records maintained in the DoD 
Defense Manpower Data Center system of records titled ``Synchronized 
Predeployment and Operational Tracker Enterprise Suite (SPOT-ES) 
Records,'' A system of records notice for this system has been 
published in the Federal Register.

DATES: This final rule is effective June 16, 2021.

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: On August 21, 2018, the Department of 
Defense published a proposed rule titled ``Privacy Act of 1974; 
Implementation,'' which proposed to exempt some records maintained in 
DMDC 18 DoD, ``Synchronized Predeployment and Operational Tracker 
Enterprise Suite (SPOT-ES) Records'' (83 FR 42234-42235) from 
subsection (d) of the Privacy Act. The public comment period ended on 
September 20, 2018. At the end of the public comment period, DoD did 
not receive any pertinent public comments.
    DoD now has a single DoD-level Privacy Program rule at 32 CFR part 
310 (84 FR 14728-14811) that contains all the codified information 
required for the Department. That revised Privacy Program rule also 
includes all DoD component exemption rules. The OSD/JS Privacy Program 
regulation at 32 CFR part 311, last updated on October 30, 2009 (74 FR 
56114), was no longer required and was removed from the CFR on August 
7, 2019 (84 FR 38552). A system of records notice for this system was 
published in the Federal Register on August 21, 2018 (83 FR 42262-
42266).
    This modification to 32 CFR part 310 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 Volumes 1 and 3, 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

[[Page 26672]]

may cause damage to the national security.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review,'' 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. It has been determined that this rule is not a significant 
regulatory action under these Executive Orders.

Congressional Review Act

    The Congressional Review Act, title 5, U.S.C. 801 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The DoD will submit a report containing 
this rule and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States. A major rule cannot take effect until 60 days after it is 
published in the Federal Register. This final rule is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

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

    This final 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 final rule will not have a substantial effect on 
State and local governments.

List of Subjects in 32 CFR Part 310

    Privacy.

    Accordingly, 32 CFR part 310 is amended as follows:

PART 310--[AMENDED]

0
1. The authority citation for 32 CFR part 310 continues to read as 
follows:

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


0
2. Section 310.29 is amended by adding paragraph (c)(28) to read as 
follows:


Sec.  310.29  Procedures for exemptions.

* * * * *
    (c) * * *
    (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 Instruction (DoDI) 5200.01 and DoD Manual (DoDM) 
5200.01, Volumes 1 and 3, 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 Instruction 5200.01 and DoD Manual 
5200.01, Volumes 1 and 3, may cause damage to the national security.

    Dated: May 12, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2021-10313 Filed 5-14-21; 8:45 am]
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