§ 310.60 - Federal Register publication.

(a) What must be published in theFederal Register. (1) Three types of documents relating to the Privacy Program must be published in the Federal Register:

(i) DoD Component Privacy Program rules;

(ii) Component exemption rules; and

(iii) System notices.

(2) See DoD 5025.1-M, “Directives Systems Procedures,” and DoD Directive 5400.9, (32 CFR part 296) “Publication of Proposed and Adopted Regulations Affecting the Public” for information pertaining to the preparation of documents for publication in the Federal Register.

(b) The effect of publication in theFederal Register. Publication of a document in the Federal Register constitutes official public notice of the existence and content of the document.

(c) DoD Component rules. (1) Component Privacy Program procedures and Component exemption rules are subject to the rulemaking procedures prescribed in 32 CFR part 296.

(2) System notices are not subject to formal rulemaking and are published in the Federal Register as “Notices,” not rules.

(3) Privacy procedural and exemption rules are incorporated automatically into the Code of Federal Regulations (CFR). System notices are not published in the CFR.

(d) Submission of rules for publication. (1) Submit to the Defense Privacy Office, ODASD(A), all proposed rules implementing this part in proper format (see Appendices E, F and G) for publication in the Federal Register.

(2) This part has been published as a final rule in the Federal Register (32 CFR part 310). Therefore, incorporate it into your Component rules by reference rather than by republication.

(3) DoD Component rules that simply implement this part need only be published as final rules in the Federal Register (see DoD 5025.1-M, “Directives System Procedures,” and DoD Directive 5400.9, “Publication of Proposed and Adopted Regulations Affecting the Public,” (32 CFR part 296).

(4) Amendments to Component rules are submitted like the basic rules.

(5) The Defense Privacy Office ODASD(A) submits the rules and amendments thereto to the Federal Register for publication.

(e) Submission of exemption rules for publication. (1) No system of records within the Department of Defense shall be considered exempt from any provision of this part until the exemption and the exemption rule for the system has been published as a final rule in the Federal Register (see paragraph (c) of this section).

(2) Submit exemption rules in proper format to the Defense Privacy Office ODASD(A). After review, the Defense Privacy Office will submit the rules to the Federal Register for publication.

(3) Exemption rules require publication both as proposed rules and final rules (see DoD Directive 5400.9, 32 CFR part 296).

(4) Section 310.61 of this subpart discusses the content of an exemption rule.

(5) Submit amendments to exemption rules in the same manner used for establishing these rules.

(f) Submission of system notices for publication. (1) While system notices are not subject to formal rulemaking procedures, advance public notice must be given before a Component may begin to collect personal information or use a new system of records. The notice procedures require that:

(i) The system notice describes the contents of the record system and the routine uses for which the information in the system may be released.

(ii) The public be given 30 days to comment on any proposed routine uses before implementation; and

(iii) The notice contain the data on which the system will become effective.

(2) Submit system notices to the Defense Privacy Office in the Federal Register format (see appendix E). The Defense Privacy Office transmits the notices to the Federal Register for publication.

(3) Section 310.62 of this subpart discusses the specific elements required in a system notice.