80 FR 74987 - Army Privacy Program

DEPARTMENT OF DEFENSE
Department of the Army

Federal Register Volume 80, Issue 230 (December 1, 2015)

The Department of the Army is amending the Army Privacy Program Regulation. Specifically, this direct final rule is removing the exemption for A0601-222 USMEPCOM, titled Armed Services Military Accession Testing. Based on a recent review of A0601-222 Armed Services Military Accession Testing it has been determined that records in this system will now be covered by DMDC 15 DoD, Armed Services Military Accession Testing, which published in the Federal Register on February 11, 2015. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary.

[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Rules and Regulations]
[Pages 74987-74988]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30454]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 505

[USA-2015-HQ-0036]
RIN 0702-AA71


Army Privacy Program

AGENCY: Department of the Army, DoD.

ACTION: Direct final rule.

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SUMMARY: The Department of the Army is amending the Army Privacy 
Program Regulation. Specifically, this direct final rule is removing 
the exemption for A0601-222 USMEPCOM, titled Armed Services Military 
Accession Testing. Based on a recent review of A0601-222 Armed Services 
Military Accession Testing it has been determined that records in this 
system will now be covered by DMDC 15 DoD, Armed Services Military 
Accession Testing, which published in the Federal Register on February 
11, 2015. This rule is being published as a direct final rule as the 
Department of Defense does not expect to receive any adverse comments, 
and so a proposed rule is unnecessary.

DATES: The rule will be effective on February 4, 2016 unless comments 
are received that would result in a contrary determination. Comments 
will be accepted on or before February 1, 2016.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) and title, by any of the following 
methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate for Oversight and Compliance, 
Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, 
DC 20301-9010.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Tracy Rogers, Chief, FOIA/PA, 
telephone: 703-428-6513.

SUPPLEMENTARY INFORMATION: The revisions to this rule will be reported 
in future status updates as part of DoD's retrospective plan under 
Executive Order 13563 completed in August 2011. DoD's full plan can be 
accessed at: http://www.regulations.gov/#!docketDetail;D=DOD-2011-OS-
0036.

Direct Final Rule and Significant Adverse Comments

    DoD has determined this rulemaking meets the criteria for a direct 
final rule because it involves changes dealing with DoD's management of 
its Privacy Programs. DoD expects no opposition to the changes and no 
significant adverse comments. However, if DoD receives a significant 
adverse comment, the Department will withdraw this direct final rule by 
publishing a notice in the Federal Register. A significant adverse 
comment is one that explains: (1) Why the direct final rule is 
inappropriate, including challenges to the rule's underlying premise or 
approach; or (2) why the direct final rule will be ineffective or 
unacceptable without a change. In determining whether a comment 
necessitates withdrawal of this direct final rule, DoD will consider 
whether it warrants a substantive response in a notice and comment 
process.

[[Page 74988]]

Executive Summary

    This rule provides policy and procedures for Army's implementation 
of the Privacy Act of 1974, as amended. The Army is removing an 
exemption rule from the exemptions section. This regulatory action 
imposes no monetary costs to the Agency or public.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. It has been determined that this rule is not a significant 
rule.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)

    It has been determined that this rule does not have significant 
economic impact on a substantial number of small entities because it is 
concerned only with the administration of Privacy Act within the 
Department of Defense.

Public Law 95-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been determined that this rule imposes no information 
collection requirements on the public under the Paperwork Reduction Act 
of 1995.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been determined that this rule 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 this rule does not have federalism 
implications. This rule does 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 505

    Privacy.

    Accordingly 32 CFR part 505 is amended as follows:

PART 505--ARMY PRIVACY PROGRAM

0
1. The authority citation for 32 CFR part 505 continues to read as 
follows:

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

Appendix D to Part 505 [Amended]

0
2. Amend appendix D to part 505 by:
0
a. Removing paragraph (g)(32).
0
b. Redesignating paragraphs (g)(33) through (35) as paragraphs (g)(32) 
through (34).

Tracy Rogers,
Chief, Privacy and FOIA Office.
[FR Doc. 2015-30454 Filed 11-30-15; 8:45 am]
 BILLING CODE 3710-08-P