[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42234-42237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13969]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 310

[Docket ID: DOD-2023-OS-0044]
RIN 0790-AL54


Privacy Act of 1974; Implementation

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

ACTION: Direct final rule.

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SUMMARY: The DoD is amending its regulations to remove the exemption 
rules associated with 14 systems of

[[Page 42235]]

records notices (SORNs) established for the DoD Components listed in 
the SUPPLEMENTARY INFORMATION section, 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 26 SORNs, including those that 
correspond to the exemption rules being removed by this rule amendment. 
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received, this direct final rule will be withdrawn and a proposed rule 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 8, 2023, unless comments are 
received that would result in a contrary determination. Comments will 
be accepted on or before August 29, 2023.

ADDRESSES: You may submit comments, identified by docket number, 
Regulation Identifier Number (RIN), and title, by any of the following 
methods.
    * Federal Rulemaking 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, [email protected], 
(703) 571-0070.

SUPPLEMENTARY INFORMATION: 

I. Privacy Act Exemption

    The DoD is amending 32 CFR part 310 to remove the exemption rules 
associated with the following 14 systems of records notices (SORNs) 
established for the DoD Components.
Department of the Air Force SORNs
System identifier and name. F051 AFJA I, Military Justice and 
Magistrate Court Records
System identifier and name. F033 AF A, Information Requests--Freedom 
of Information Act
System identifier and name. F033 AF B, Privacy Act Request File
Department of the Army SORN
System identifier and name. A0340-21 OAA, Privacy Case Files
Department of the Navy SORNs
System identifier and name. NM05211-1, Privacy Act Request/Amendment 
Files and Tracking System
System identifier and name. NM05720-1, FOIA Request/Appeal Files and 
Tracking System
Defense Intelligence Agency SORN
System identifier and name. LDIA 0010, Information Requests-Freedom 
of Information Act (FOIA) and Privacy Act
Defense Logistics Agency SORN
System identifier and name. S510.30, Freedom of Information Act/
Privacy Act Requests and Administrative Appeal Records
Defense Security Service SORN
System identifier and name. V1-01, Privacy and Freedom of 
Information Request Records
Defense Threat Reduction Agency SORN
System identifier and name. HDTRA 021, Freedom of Information Act 
and Privacy Act Case Files
National Guard Bureau SORN
System identifier and name. INGB 001, Freedom of Information Act 
(FOIA) and Privacy Act (PA) Case Files
Office of the Inspector General SORN
System identifier and name. CIG-01, Privacy Act and Freedom of 
Information Act Case Files
Office of the Secretary of Defense SORNs
System identifier and name. DWHS E02, Freedom of Information Act 
(FOIA) Case Files

System identifier and name. DWHS E04, Privacy Act Case Files

    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 exemption.
    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.

II. 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 cancelled 
and a proposed rule for comments will be published. If no such comments 
are received, this direct final rule will become effective 10 days 
after the comment period expires.
    For purposes of this rulemaking, 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 
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 serious enough to warrant a 
substantive response had it been submitted in a standard notice-and-
comment process. 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 modifying 32 CFR part 310 by rescinding the following 
regulation provisions (in their entirety) due to the underlying SORNs 
being rescinded (most of them concurrently by associated public 
notice):
     32 CFR 310.14(e)(7), System identifier and name. F051 AF 
JA F, Courts--Martial and Article 15 Records.
     32 CFR 310.14(f)(20), System identifier and name. F033 AF 
A, Information Requests--Freedom of Information Act.
     32 CFR 310.14(f)(21), System identifier and name. F033 AF 
B, Privacy Act Request Files.
     32 CFR 310.15(g)(21), System identifier and name. A0340-21 
OAA, Privacy Case Files.
     32 CFR 310.16(a)(22), System identifier and name. NM05211-
1, Privacy Act Request Files and Tracking System.
     32 CFR 310.16(a)(23), System identifier and name. NM05720-
1, FOIA

[[Page 42236]]

Request/Appeal Files and Tracking System.
     32 CFR 310.20(b)(8), System identifier and name. LDIA 
0010, Information Requests--Freedom of Information Act (FOIA) and 
Privacy Act.
     32 CFR 310.21(c)(6), System identifier and name. S510.30, 
Freedom of Information Act/Privacy Act Requests and Administrative 
Appeal Records.
     32 CFR 310.22(b)(1), System identifier and name. V1-01, 
Privacy and Freedom of Information Request Records.
     32 CFR 310.23(a)(3), System identifier and name. HDTRA 
021, Freedom of Information Act and Privacy Act Request Case Files.
     32 CFR 310.25(e)(1), System identifier and name. INGB 001, 
Freedom of Information Act (5 U.S.C.) and Privacy Act (5 U.S.C. 552a) 
Case Files.
     32 CFR 310.28(c)(5), System identifier and name. CIG 01, 
Privacy Act and Freedom of Information Act Case Files.
     32 CFR 310.29(c)(12), System identifier and name. DFOISR 
05, Freedom of Information Act Case Files.
     32 CFR 310.29(c)(13), System identifier and name. DFOISR 
10, Privacy Act Case Files.

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 (5 U.S.C. 804(2))

    The Congressional Review Act, 5 U.S.C. 801 et seq., 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. 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 may take effect no earlier than 60 calendar days after 
Congress receives the rule report or the rule is published in the 
Federal Register, whichever is later. This rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

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

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 
U.S.C. 1532) requires agencies to assess anticipated costs and benefits 
before issuing any rule whose mandates may result in the expenditure by 
State, local, and tribal governments in the aggregate, or by the 
private sector, in any one year of $100 million in 1995 dollars, 
updated annually for inflation. This rule will not mandate any 
requirements for State, local, or tribal governments, nor will it 
affect private sector costs.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601 et 
seq.)

    The Assistant to the Secretary of Defense for Privacy, Civil 
Liberties, and Transparency has certified that this rule is not subject 
to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, 
if promulgated, have a significant economic impact on a substantial 
number of small entities. This rule is concerned only with the 
administration of Privacy Act systems of records within the DoD. 
Therefore, the Regulatory Flexibility Act, as amended, does not require 
DoD to prepare a regulatory flexibility analysis.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 501 
et seq.)

    The Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.) was 
enacted to minimize the paperwork burden for individuals; small 
businesses; educational and nonprofit institutions; Federal 
contractors; State, local, and tribal governments; and other persons 
resulting from the collection of information by or for the Federal 
Government. The Act requires agencies to obtain approval from the 
Office of Management and Budget before using identical questions to 
collect information from ten or more persons. This rule does not impose 
reporting or recordkeeping requirements on the public.

Executive Order 13132, ``Federalism''

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

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--PROTECTION OF PRIVACY AND ACCESS TO AND AMENDMENT OF 
INDIVIDUAL RECORDS UNDER THE PRIVACY ACT OF 1974

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. Amend Sec.  310.14 by removing and reserving paragraphs (e)(7) and 
(f)(20) and (21).


Sec.  310.15  [Amended]

0
3. Amend Sec.  310.15 by removing and reserving paragraph (g)(21).


Sec.  310.16  [Amended]

0
4. Amend Sec.  310.16 by removing and reserving paragraphs (a)(22) and 
(23).


Sec.  310.20  [Amended]

0
5. Amend Sec.  310.20 by removing and reserving paragraph (b)(8).


Sec.  310.21  [Amended]

0
6. Amend Sec.  310.21 by removing and reserving paragraph (c)(6).


Sec.  310.22  [Amended]

0
7. Amend Sec.  310.22 by removing and reserving paragraph (b)(1).


Sec.  310.23  [Amended]

0
8. Amend Sec.  310.23 by removing paragraph (a)(3).


Sec.  310.25  [Amended]

0
9. Amend Sec.  310.25 by removing and reserving paragraph (e)(1).

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Sec.  310.28  [Amended]

0
10. Amend Sec.  310.28 by removing and reserving paragraph (c)(5).


Sec.  310.29  [Amended]

0
11. Amend Sec.  310.29 by removing and reserving paragraphs (c)(12) and 
(13).

    Dated: June 27, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2023-13969 Filed 6-29-23; 8:45 am]
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