[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Rules and Regulations]
[Pages 60144-60145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18686]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 310

[Docket ID: DoD-2023-OS-0076]
RIN 0790-AL68


Privacy Act of 1974; Implementation

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

ACTION: Technical amendment.

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SUMMARY: The DoD is amending this part to correct an error in the 
Privacy Act exemption rule associated with the Privacy Act system of 
records DoD-0007, ``Defense Reasonable Accommodation and Assistive 
Technology Records.''

DATES: The rule will be effective on August 31, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, [email protected], 
(703) 571-0070.

SUPPLEMENTARY INFORMATION: 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.
    DoD is amending 32 CFR 310.13(e)(6) to correct an error in the 
Privacy Act exemption rule associated with the Privacy Act system of 
records notice DoD-0007, ``Defense Reasonable Accommodation and 
Assistive Technology Records.'' Section 310.13(e)(6) erroneously claims 
an exemption for this system of records from 5 U.S.C. 552a(c)(4), which 
generally requires the agency maintaining the system of records to 
inform recipients with whom it has shared a record if later the record 
was corrected or disputed pursuant to the requirements of the Privacy 
Act. DoD's inclusion of subsection 552a(c)(4) was an error and DoD is 
removing it from the exemption rule as well as the DoD-0007 system of 
records notice, which is being modified in a notice published 
concurrently in today's issue of the Federal Register.

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

[[Page 60145]]

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 ATSD(PCLT) 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 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

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

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


Sec.  310.13  [Amended]

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2. Section Sec.  310.13 is amended by:
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a. Removing the first ``and (4)'' from paragraph (e)(6)(i).
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b. Removing ``(c)(4),'' from the title of paragraph (e)(6)(iii)(A).

    Dated: August 24, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2023-18686 Filed 8-30-23; 8:45 am]
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