[Federal Register Volume 64, Number 246 (Thursday, December 23, 1999)]
[Rules and Regulations]
[Pages 72031-72032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33244]
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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: Final rule.
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SUMMARY: The Department of the Air Force is adopting the exemption rule
published on October 18, 1999, at 64 FR 56181 as final. No comments
were received during the sixty day comment period.
EFFECTIVE DATE: December 17, 1999.
FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 588-6187.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, `Regulatory Planning and Review'
It has been determined that this Privacy Act rule 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 Privacy Act 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 Privacy Act rule 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 revised to read as follows:
[[Page 72032]]
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 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 Forces Privacy Instruction, 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 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: December 16, 1999.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 99-33244 Filed 12-22-99; 8:45 am]
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