[Federal Register: May 14, 2003 (Volume 68, Number 93)]
[Rules and Regulations]
[Page 25816-25817]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my03-3]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 505
Privacy Act; Implementation
AGENCY: Department of the Army, DoD.
ACTION: Final rule.
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[[Page 25817]]
SUMMARY: The Department of the Army is amending an existing exemption
rule for the system of records A0025-55 TAPC, entitled `Freedom of
Information Act Program Files'. The amendments being made to the rule
are administrative, i.e., amending the system identifier, the system
name, and revising the reasons for claiming the exemptions. No
additional exemptions are being claimed.
EFFECTIVE DATE: This rule becomes effective May 14, 2003.
FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-7137/
DSN 656-7137.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined 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)
It has been determined 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)
It has been determined 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''
It has been determined 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''
It has been determined 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 505
Privacy.
0
Accordingly 32 CFR part 505 is amended to read as follows:
PART 505--THE ARMY PRIVACY PROGRAM
0
1. The authority citation for 32 CFR part 505 continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
0
2. Section 505.5, paragraph (e)(3) is revised to read as follows:
Sec. 505.5 Exemptions.
* * * * *
(e) Exempt Army Records. * * *
(3) A0025-55 TAPC.
(i) System name: Freedom of Information Act Program Files.
(ii) Exemption: During the processing of Freedom of Information Act
(FOIA) 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 Army 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.
(iii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3),
(k)(4), (k)(5), (k)(6), and (k)(7).
(iv) Reasons: Records are only exempt from pertinent provisions of
5 U.S.C. 552a to the extent such provisions have been identified and an
exemption claimed for the original record and the purposes underlying
the exemption for the original record still pertain to the record which
is now contained in this system of records. In general, the exemptions
were claimed in order to protect properly classified information
relating to national defense and foreign policy, to avoid interference
during the conduct of criminal, civil, or administrative actions or
investigations, to ensure protective services provided the President
and others are not compromised, to protect the identity of confidential
sources incident to Federal employment, military service, contract, and
security clearance determinations, to preserve the confidentiality and
integrity of Federal testing materials, and to safeguard evaluation
materials used for military promotions when furnished by a confidential
source. The exemption rule for the original records will identify the
specific reasons why the records are exempt from specific provisions of
5 U.S.C. 552a.
* * * * *
Dated: April 30, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 03-12004 Filed 5-13-03; 8:45 am]
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