[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Rules and Regulations]
[Pages 37998-37999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13665]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 310

[Docket ID: DoD-2022-OS-0067]
RIN 0790-AL32


Privacy Act of 1974; Implementation

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

ACTION: Direct final rule with request for comments.

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SUMMARY: The DoD is amending this part to remove the exemption rules 
associated with three systems of records notices (SORNs) established 
for the Department of the Air Force and two SORNs established for the 
Office of the Secretary of Defense under the Privacy Act of 1974, as 
amended. Elsewhere in this issue of the Federal Register, the DoD is 
giving concurrent notice of the rescindment of these same five SORNs as 
part of a notice rescinding numerous other SORNs. The DoD is also 
amending this part to remove an exemption rule associated with one SORN 
established for the Marine Corps that was previously rescinded by the 
DoD. This rule is being published as a direct final rule as the 
Department does not expect to receive any adverse comments. If such 
comments are received, this direct final rule will be withdrawn and a 
proposed rule for comments will be published.

DATES: The rule is effective on September 6, 2022 unless comments are 
received that would result in a contrary determination. Comments will 
be accepted on or before August 26, 2022. If adverse comment is 
received, the Department will publish a timely withdrawal of the direct 
final rule.

ADDRESSES: You may submit comments, identified by docket number, 
Regulatory Identifier Number (RIN), and title, by any of the following 
methods.
    * Federal eRulemaking Portal: https://www.regulations.gov.
    Follow the instructions for submitting comments.
    * Mail: Department of Defense, Office of the Assistant to the 
Secretary of Defense for Privacy, Civil Liberties, and Transparency, 
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite 
08D09, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number or 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 https://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, Defense Privacy and 
Civil Liberties Division, Directorate for Privacy, Civil Liberties and 
Freedom of Information, Office of the Assistant to the Secretary of 
Defense for Privacy, Civil Liberties, and Transparency, Department of 
Defense, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria, 
VA 22350-1700; [email protected]; (703) 571-0070.

SUPPLEMENTARY INFORMATION:

Privacy Act Exemption

    The Privacy Act permits Federal agencies to exempt eligible records 
in a system of records from certain provisions of the Act, including 
the provisions providing individuals with a right to request access to 
and amendment of their own records and accountings of disclosures of 
such records. If an agency intends to exempt a particular system of 
records, it must first go through the rulemaking process to provide 
public notice and an opportunity to comment on the proposed exemptions. 
The rule explains why exemptions are being claimed for the associated 
system of records. During the rule-making process, the public are 
invited to comment, which DoD will consider before the issuance of a 
final rule implementing those exemptions. The final rules implementing 
exemptions for DoD systems of records are codified in DoD's privacy 
regulation at 32 CFR part 310.
    When a system of records is no longer required to be collected or 
maintained, the system of records may be discontinued. The notice for 
that system of record is rescinded in the Federal Register, and the 
records covered by the rescinded system of records are lawfully 
transferred or disposed of in accordance with applicable requirements. 
At the time of rescindment or following rescindment for the system of 
records notice, Federal agencies will seek to also rescind the 
associated exemption rules within the Code of Federal Regulations.

Direct Final Rulemaking

    This rule is being published as a direct final rule as the 
Department does not expect to receive any significant adverse comments. 
If such comments are received, this direct final rule will be withdrawn 
and a proposed rule for comments will be published. If no such comments 
are received, this direct final rule will become effective ten days 
after the comment period expires.
    For purposes of this rule, a significant adverse comment is one 
that explains (1) why the 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 significant adverse comment necessitates 
withdrawal of this direct final rule, the Department will consider 
whether the comment raises an issue that would have warranted a 
substantive response had it been submitted in response to a standard 
notice of a proposed rule. A comment recommending an addition to the 
rule will not be considered significant and adverse unless the comment 
explains how this direct final rule would be ineffective without the 
addition.
    The DoD is amending 32 CFR part 310 by rescinding the following 
regulation provisions (in their entirety) due to the underlying SORNs 
being rescinded (concurrently by associated public notice) or having 
been previously rescinded through public notice:
     32 CFR 310.14(f)(12), System identifier and name. F031 
497IG A, Sensitive Compartmented Information Personnel Records.
     32 CFR 310.14(f)(14) System identifier and name. F031 
497IG B, Special Security Case Files.
     32 CFR 310.14(f)(15) System identifier and name. F031 AF 
SP N, Special Security Files.
     32 CFR 310.29(c)(2), System identifier and name. DWHS P28, 
Personnel Security Operations Files.
     32 CFR 310.29(c)(8), System identifier and name. DWHS P29, 
Personnel Security, Suitability, and Homeland Security Presidential 
Directive 12 (HSPD-12) Adjudications.
     32 CFR 310.17, consisting of paragraph (a)(1), System 
identifier and name. MIN00001, Personnel and Security Eligibility and 
Access Information System.

[[Page 37999]]

Regulatory Analysis

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 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

    This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

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

    The Assistant to the Secretary of Defense for Privacy, Civil 
Liberties, and Transparency certified that this Privacy Act rule does 
not have significant economic impact on a substantial number of small 
entities because this rule is concerned only with the administration of 
Privacy Act systems of records within the DoD.

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.).

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

    It has been determined that this rule 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 it will not significantly or uniquely affect 
small governments.

Executive Order 13132, ``Federalism''

    It has been determined that this rule does not have federalism 
implications. This rule does 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.

Executive Order 13175, ``Consultation and Coordination With Indian 
Tribal Governments''

    Executive Order 13175 establishes certain requirements that an 
agency must meet when it promulgates a rule that imposes substantial 
direct compliance costs on one or more Indian tribes, preempts tribal 
law, or affects the distribution of power and responsibilities between 
the Federal Government and Indian tribes. This rule will not have a 
substantial effect on Indian tribal 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.

Sec.  310.14  [Amended]

0
2. Section 310.14 is amended by removing and reserving paragraphs 
(f)(12), (14), and (15).


Sec.  310.17  [Removed and Reserved]

0
3. Section 310.17 is removed and reserved.


Sec.  310.29  [Amended]

0
4. Section 310.29 is amended by removing and reserving paragraphs 
(c)(2) and (8).

    Dated: June 21, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2022-13665 Filed 6-24-22; 8:45 am]
BILLING CODE 5001-06-P