[Federal Register: April 7, 2003 (Volume 68, Number 66)]
[Proposed Rules]               
[Page 16746-16747]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap03-22]                         

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DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 806b

[Air Force Instruction 37-132]

 
Privacy Act; Implementation

AGENCY: Department of the Air Force, DoD.

ACTION: Proposed rule.

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SUMMARY: The Department of the Air Force is proposing to exempt those 
records contained in the systems of records identified as F033 AF A, 
entitled ``Information Requests--Freedom of Information Act'' and F033 
AF B, entitled ``Privacy Act Request Files'' when an exemption has been 
previously claimed for the records in ``other'' Privacy Act systems of 
records. The exemptions are intended to preserve the exempt status of 
the records when the purposes underlying

[[Page 16747]]

the exemptions for the original records are still valid and necessary 
to protect the contents of the records.

DATES: Comments must be received on or before June 6, 2003, to be 
considered by this agency.

FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 601-4043 or 
DSN 329-4043.

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 806b

    Privacy.

    1. The authority citation for 32 CFR part 806b continues to read as 
follows:

    Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).

    2. Appendix C to part 806b is amended by adding paragraphs (b)(24) 
and (b)(25) to read as follows:

PART 806b--AIR FORCE PRIVACY ACT PROGRAM

Appendix C to Part 806b--General and Specific Exemptions.

* * * * *
    (b) Specific exemptions. * * *
    (24) System identifier and name: F033 AF A, Information 
Requests-Freedom of Information Act.
    (i) 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 Air Force 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 apart.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) 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, and to preserve the confidentiality and integrity of 
Federal evaluation materials. 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.
    (25) System identifier and name: F033 AF B, Privacy Act Request 
Files.
    (i) Exemption: During the processing of a Privacy 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 Air Force 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 apart.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) Reason: Records are only exempt from pertinent provisions 
of 5 U.S.C. 552a to the extent (1) such provisions have been 
identified and an exemption claimed for the original record, and (2) 
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, and to preserve the 
confidentiality and integrity of Federal evaluation materials. 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: March 31, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 03-8214 Filed 4-4-03; 8:45 am]

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