[Federal Register Volume 66, Number 160 (Friday, August 17, 2001)]
[Proposed Rules]
[Pages 43141-43142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20366]
[[Page 43141]]
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DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 701
[Secretary of the Navy Instruction 5211.5]
Privacy Act; Implementation
AGENCY: Department of the Navy, DoD.
ACTION: Proposed rule.
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SUMMARY: The Department of the Navy is proposing to exempt those
records contained in these Privacy Act/FOIA systems of records when an
exemption has been previously claimed for the records in another
Privacy Act system of records. The exemption is intended to preserve
the exempt status of the record when the purposes underlying the
exemption for the original records are still valid and necessary to
protect the contents of the records.
DATES: Comments must be received on or before October 16, 2001 to be
considered by this agency.
ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy
Branch, Chief of Naval Operations (N09B10), 2000 Navy Pentagon,
Washington, DC 20350-2000.
FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545 or
DSN 325-6545.
SUPPLEMENTARY INFORMATION: Executive Order 12866, ``Regulatory Planning
and Review''. The Director of Administration and Management, Office of
the Secretary of Defense, hereby determines that Privacy Act rules for
the Department of Defense are not significant rules. The rules do not
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy; a sector of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities; (2) Create a serious inconsistency or otherwise interfere
with an action taken or planned by another Agency; (3) Materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs, or the rights and obligations of recipients thereof; or (4)
Raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in this Executive
order.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter
6)
The Director of Administration and Management, Office of the
Secretary of Defense, hereby certifies that Privacy Act rules for the
Department of Defense do not have significant economic impact on a
substantial number of small entities because they are concerned only
with the administration of Privacy Act systems of records within the
Department of Defense.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter
35)
The Director of Administration and Management, Office of the
Secretary of Defense, hereby certifies that Privacy Act rules for the
Department of Defense impose no information requirements beyond the
Department of Defense and that the information collected within the
Department of Defense is necessary and consistent with 5 U.S.C. 552a,
known as the Privacy Act of 1974.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
The Director of Administration and Management, Office of the
Secretary of Defense, hereby certifies that the Privacy Act rulemaking
for the Department of Defense 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 such rulemaking will not significantly or uniquely affect small
governments.
Executive Order 13132, ``Federalism''
The Director of Administration and Management, Office of the
Secretary of Defense, hereby certifies that the Privacy Act rules for
the Department of Defense do not have federalism implications. The
rules do 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.
List of Subjects in 32 CFR Part 701
Privacy.
PART 701--[AMENDED]
1. The authority citation for 32 CFR part 701, Subpart G continues
to read as follows:
Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
2. Section 701.118 is amended by adding paragraphs (v) and (w) as
follows:
Sec. 701.118 Exemptions for specific Navy record systems.
* * * * *
(v) System identifier and name:
(1) N05211-1, Privacy Act Files and Tracking System.
(2) Exemption: During the processing of a Privacy Act request
(which may include access requests, amendment requests, and requests
for review for initial denials of such requests), exempt materials from
other systems of records may in turn become part of the case record in
this system. To the extent that copies of exempt records from those
`other' systems of records are entered into this system, the Department
of the Navy hereby claims the same exemptions for the records from
those `other' systems that are entered into this system, as claimed for
the original primary system of which they are a part. Therefore,
information within this system of records may be exempt pursuant to 5
U.S.C. 552a, subsection (d).
(3) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), (k)(4),
(k)(5), (k)(6), and (k)(7).
(4) Consistent with the legislative purpose of the Privacy Act of
1974, the Department of the Navy will grant access to nonexempt
material in the records being maintained. Disclosure will be governed
by the Department of the Navy's Privacy Regulation, but will be limited
to the extent that the identity of confidential sources will not be
compromised; subjects of an investigation of an actual or potential
criminal violation will not be alerted to the investigation; the
physical safety of witnesses, informants and law enforcement personnel
will not be endangered, the privacy of third parties will not be
violated; and that the disclosure would not otherwise impede effective
law enforcement. Whenever possible, information of the above nature
will be deleted from the requested documents and the balance made
available. The controlling principle behind this limited access is to
allow disclosures except those indicated above. The decisions to
release information from these systems will be made on a case-by-case
basis.
(w) System identifier and name:
(1) N05720-1, FOIA Request Files and Tracking System.
(2) Exemption: During the processing of a Freedom of Information
Act request, exempt materials from other systems of records may in turn
become part of the case record in this system. To the extent that
copies of exempt records from those `other' systems of records are
entered into this system, the Department of the Navy hereby claims the
same exemptions for the records from those `other' systems that are
entered into this system, as claimed for the original primary system of
which they are a part. Therefore, information within this system of
records may be exempt
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pursuant to 5 U.S.C. 552a, subsection (d).
(3) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), (k)(4),
(k)(5), (k)(6), and (k)(7).
(4) Consistent with the legislative purpose of the Privacy Act of
1974, the Department of the Navy will grant access to nonexempt
material in the records being maintained. Disclosure will be governed
by the Department of the Navy's Privacy Regulation, but will be limited
to the extent that the identity of confidential sources will not be
compromised; subjects of an investigation of an actual or potential
criminal violation will not be alerted to the investigation; the
physical safety of witnesses, informants and law enforcement personnel
will not be endangered, the privacy of third parties will not be
violated; and that the disclosure would not otherwise impede effective
law enforcement. Whenever possible, information of the above nature
will be deleted from the requested documents and the balance made
available. The controlling principle behind this limited access is to
allow disclosures except those indicated above. The decisions to
release information from these systems will be made on a case-by-case
basis.
* * * * *
Dated: August 7, 2001.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 01-20366 Filed 8-16-01; 8:45 am]
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