[Federal Register Volume 64, Number 200 (Monday, October 18, 1999)]
[Proposed Rules]
[Page 56181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27069]
[[Page 56181]]
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DEPARTMENT OF DEFENSE
Department of the Air Force
32 CFR Part 806b
[Air Force Instruction 37-132]
Air Force Privacy Act Program
AGENCY: Department of the Air Force, DOD.
ACTION: Proposed rule.
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SUMMARY: The Department of the Air Force is proposing to add an
exemption rule for a system of records notice F036 AF DP G, entitled
`Equal Opportunity and Treatment'. The exemption is intended to
increase the value of the system of records for law enforcement
purposes, to comply with prohibitions against the disclosure of certain
kinds of information, and to protect the privacy of individuals
identified in the system of records.
DATES: Comments must be received on or before December 17, 1999, to be
considered by this agency.
ADDRESSES: Send comments to the Air Force Access Programs Manager,
Headquarters, Air Force Communications and Information Center/ITC, 1250
Air Force Pentagon, Washington, DC 203301250.
FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 5886187.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, `Regulatory Planning and Review'
It has been determined that 32 CFR part 321 is not a significant
regulatory action. The rule does not:
(1) Have an annual effect to the economy of $100 million or more;
or adversely affect in a material way the economy; a section 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;
(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. 601)
It has been 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.
Public Law 96-511, `Paperwork Reduction Act' (44 U.S.C. Chapter 35)
It has been certified that this part does not impose any reporting
or record keeping requirements under the Paperwork Reduction Act of
1995.
List of subjects in 32 CFR part 806b
Privacy.
Accordingly, 32 CFR part 806b is amended to read as follows:
PART 806b--AIR FORCE PRIVACY ACT PROGRAM
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 proposed to be amended by adding
paragraph (b)(21) as follows:
* * * * *
b. Specific exemptions.* * *
(21) System identifier and name: F036 AF DP G, Military Equal
Opportunity and Treatment.
(i)Exemption: Investigatory material compiled for law enforcement
purposes may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an
individual is denied any right, privilege, or benefit for which he
would otherwise be entitled by Federal law or for which he would
otherwise be eligible, as a result of the maintenance of the
information, the individual will be provided access to the information
except to the extent that disclosure would reveal the identity of a
confidential source. Portions of this system of records may be exempt
pursuant to 5 U.S.C. 552a(d), (e)(4)(H), and (f).
(iii)Authority: 5 U.S.C. 552a(k)(2)
(iv)Reasons: (1) From subsection (d) because access to the records
contained in this system would inform the subject of an investigation
of the existence of that investigation, provide the subject of the
investigation with information that might enable him to avoid
detection, and would present a serious impediment to law enforcement.
In addition, granting individuals access to information collected while
an Equal Opportunity and Treatment clarification/investigation is in
progress conflicts with the just, thorough, and timely completion of
the complaint, and could possibly enable individuals to interfere,
obstruct, or mislead those clarifying/investigating the complaint.
(2) From subsection (e)(4)(H) because this system of records is
exempt from individual access pursuant to subsection (k) of the Privacy
Act of 1974.
(3) From subsection (f) because this system of records has been
exempted from the access provisions of subsection (d).
(4) Consistent with the legislative purpose of the Privacy Act of
1974, the Department of the Air Force will grant access to nonexempt
material in the records being maintained. Disclosure will be governed
by the Department of the Air Force s Privacy Instruction, but will be
limited to the extent that the identityof confidential sources will not
be compromised; subjects of an investigation of an actual or potential
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 this
system will be made on a case-by-case basis.
Dated: October 8, 1999.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 99-27069 Filed 10-15-99; 8:45 am]
BILLING CODE 5001-10-F
