[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)]
[Rules and Regulations]
[Pages 15614-15615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8138]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 701
[Secretary of the Navy Instruction 5211.5]
Privacy Program
AGENCY: Department of the Navy, DOD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy is amending three exemption rules.
The administrative amendments consist of deleting the exemption rule
for N04385-1 (system was consolidated into N05041-1); changing the
system name of N05520-5; and changing the system identifier for N04385-
2 to N05512-2 and deleting subsections (k)(5), (k)(6), and (k)(7) from
the exemption rule.
EFFECTIVE DATE: April 2, 1997.
ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy
Branch, Chief of Naval Operations (N09B30), 2000 Navy Pentagon,
Washington, DC 20350-2000.
FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545 or
DSN 325-6545.
SUPPLEMENTARY INFORMATION:
Executive Order 12866. It has been determined that this Privacy Act
rule for the Department of Defense does not constitute `significant
regulatory action'. Analysis of the rule indicates that it does not
have an annual effect on the economy of $100 million or more; does not
create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; does not materially alter the
budgetary impact of entitlements, grants, user fees, or loan programs
or the rights and obligations of recipients thereof; does not raise
novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in Executive Order
12866 (1993).
Regulatory Flexibility Act. It has been determined that this Privacy
Act rule for the Department of Defense does not have significant
economic impact on a substantial number of small entities because it is
concerned only with the administration of Privacy Act systems of
records within the Department of Defense.
Paperwork Reduction Act. It has been determined that this Privacy Act
rule for the Department of Defense imposes 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.
The Department of the Navy is amending three exemption rules
published in 32 CFR part 701, subpart G. The administrative amendments
consist of deleting the exemption rule for N04385-1 (system was
consolidated into N05041-1); changing the system name of N05520-5; and
changing the system identifier for N04385-2 to N05512-2 and deleting
subsections (k)(5), (k)(6), and (k)(7) from the exemption rule.
List of Subjects in 32 CFR Part 701
Privacy.
1. The authority citation for 32 CFR part 701, subpart G continues
to read as follows:
Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
[[Page 15615]]
2. Section 701.118, is amended by removing and reserving paragraph
(h), and revising paragraph (i), and revising the heading and
introductory text of paragraph (n) as follows:
Sec. 701.118 Exemptions for specific Navy record systems.
* * * * *
(h) [Reserved].
(i) System identifier and name: N05041-1, Inspector General (IG)
Records.
(1) Exemption: Portions of this system of records may be exempt
from the provisions of 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G),
(H), and (I); and (f).
(2) Authority: 5 U.S.C. 552a(k)(1) and (k)(2).
(3) Reasons: (i) From subsection (c)(3) because the release of the
disclosure accounting would permit individuals to obtain valuable
information concerning the nature of the investigation and would
present a serious impediment to the orderly conduct of any
investigative activities. Such accounting could result in the release
of properly classified information which would compromise the national
defense or disrupt foreign policy.
(ii) From subsections (d) and (f) because access to the records
would inform individuals of the existence and nature of the
investigation; provide information that might result in the
concealment, destruction, or fabrication of evidence; possibly
jeopardize the safety and well-being of informants, witnesses and their
families; likely reveal and render ineffectual investigatory techniques
and methods and sources of information; and possibly result in the
invasion of the personal privacy of third parties. Access could result
in the release of properly classified information which could
compromise the national defense or disrupt foreign policy. Amendment of
the records would interfere with the ongoing investigation and impose
an impossible administrative burden by requiring investigations to be
continually reinvestigated.
(iii) From subsection (e)(1) because in the course of the
investigation it is not always possible, at least in the early stages
of the inquiry, to determine relevance and or necessity as such
determinations may only occur after the information has bee evaluated.
Information may be obtained concerning the actual or potential
violation of laws or regulations other than those relating to the
ongoing investigation. Such information should be retained as it can
aid in establishing patterns of improper activity and can provide
valuable leads in the conduct of other investigations.
(iv) From subsection (e)(4)(G) and (H) because this system of
records is exempt from individual access pursuant to subsection (k)(1)
and (k)(2) of the Privacy Act of 1974.
(v) From subsection (e)(4)(I) because it is neccessary to protect
the confidentiality of sources and to protect the privacy and physical
safety of witnesses. Although the system is exempt from this
requirement, the Department of the Navy has published a notice in
broad, generic terms in the belief that this is all that subsection
(e)(4)(I) of the Act requires.
* * * * *
(n) System identifier and name: N05520-5, Personnel Security
Program Management Records System. * * *
Dated: March 26, 1997.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-8138 Filed 3-31-97; 8:45 am]
BILLING CODE 5000-04-F
