81 FR 38950 - Privacy Act of 1974; Implementation

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 115 (June 15, 2016)

Page Range		38950-38951
FR Document		2016-14183

The Office of the Secretary of Defense is exempting those records contained in DMDC 24 DoD, entitled ``Defense Information System for Security (DISS),'' when investigatory material is compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that such material would reveal the identity of a confidential source. This direct final rule establishes a new exemption to the Office of the Secretary Privacy Program. The Defense Information System for Security is the new DoD enterprise-wide information system for personnel security; it provides a common, comprehensive medium to request, record, document, and identify personnel security actions within the Department including: Determinations of eligibility and access to classified information, national security, suitability and/or fitness for employment, and HSPD-12 determination for Personal Identity Verification (PIV) to access government facilities and systems, submitting adverse information, verification of investigation and or adjudicative status, support of continuous evaluation and insider threat detection, prevention, and mitigation activities. DISS consists of two applications, the Case Adjudication Tracking system (CATS) and the Joint Verification System (JVS). CATS is used by the DoD Adjudicative Community for the purpose of recording eligibility determinations. JVS is used by DoD Security Managers and Industry Facility Security Officers for the purpose of verifying eligibility, recording access determinations, submitting incidents for subsequent adjudication, and visit requests from the field (worldwide). The records may also be used as a management tool for statistical analyses, tracking, reporting, evaluating program effectiveness, and conducting research. This direct final rule is consistent with the rule currently published regarding DMDC 11, Investigative Records Repository.

Federal Register, Volume 81 Issue 115 (Wednesday, June 15, 2016)

[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Rules and Regulations]
[Pages 38950-38951]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14183]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2016-OS-0063]

32 CFR Part 311


Privacy Act of 1974; Implementation

AGENCY: Office of the Secretary, DoD.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of the Secretary of Defense is exempting those 
records contained in DMDC 24 DoD, entitled ``Defense Information System 
for Security (DISS),'' when investigatory material is compiled solely 
for the purpose of determining suitability, eligibility, or 
qualifications for Federal civilian employment, military service, 
Federal contracts, or access to classified information, but only to the 
extent that such material would reveal the identity of a confidential 
source.
    This direct final rule establishes a new exemption to the Office of 
the Secretary Privacy Program. The Defense Information System for 
Security is the new DoD enterprise-wide information system for 
personnel security; it provides a common, comprehensive medium to 
request, record, document, and identify personnel security actions 
within the Department including: Determinations of eligibility and 
access to classified information, national security, suitability and/or 
fitness for employment, and HSPD-12 determination for Personal Identity 
Verification (PIV) to access government facilities and systems, 
submitting adverse information, verification of investigation and or 
adjudicative status, support of continuous evaluation and insider 
threat detection, prevention, and mitigation activities. DISS consists 
of two applications, the Case Adjudication Tracking system (CATS) and 
the Joint Verification System (JVS). CATS is used by the DoD 
Adjudicative Community for the purpose of recording eligibility 
determinations. JVS is used by DoD Security Managers and Industry 
Facility Security Officers for the purpose of verifying eligibility, 
recording access determinations, submitting incidents for subsequent 
adjudication, and visit requests from the field (worldwide). The 
records may also be used as a management tool for statistical analyses, 
tracking, reporting, evaluating program effectiveness, and conducting 
research. This direct final rule is consistent with the rule currently 
published regarding DMDC 11, Investigative Records Repository.

DATES: The rule is effective on September 13, 2016 unless adverse 
comments are received by August 15, 2016. If adverse comment is 
received, the Department of Defense will publish a timely withdrawal of 
the rule in the Federal Register.

ADDRESSES: You may submit comments, identified by docket number 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, 4800 Mark 
Center Drive, Mailbox #24, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number 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: Mrs. Luz D. Ortiz, 571-372-0478.

SUPPLEMENTARY INFORMATION:  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.

Direct Final Rule and Significant Adverse Comments

    DoD has determined this rulemaking meets the criteria for a direct 
final rule because it involves non-substantive 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.

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

    It has been determined that Privacy Act rules for the Department of 
Defense are not significant rules. The rules do not (1) Have an annual 
effect on the economy of $100 million or more or adversely affect in a 
material way the economy; a sector 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; or (4) Raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in these Executive orders.

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

    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. A Regulatory Flexibility Analysis is not 
required.

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

    It has been determined that this Privacy Act rule for the 
Department of Defense imposes no additional 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 1074.

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

    It has been determined that this Privacy Act rule for the 
Department of Defense 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 this rulemaking will not significantly or uniquely affect small 
governments.

[[Page 38951]]

Executive Order 13132, ``Federalism''

    It has been determined that this Privacy Act rule for the 
Department of Defense 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. Therefore, no Federalism assessment is required.

List of Subjects in 32 CFR Part 311

    Privacy.

    Accordingly, 32 CFR part 311 is amended as follows:

PART 311--OFFICE OF THE SECRETARY OF DEFENSE AND JOINT STAFF 
PRIVACY PROGRAM

0
1. The authority citation for 32 CFR part 311 continues to read as 
follows:

    Authority: 5 U.S.C. 552a.


0
2. Section 311.8 is amended by adding paragraph (c)(27) to read as 
follows:


Sec.  311.8  Procedures for exemptions.

* * * * *
    (c) * * *
    (27) System identifier and name: DMDC 24 DoD, Defense Information 
System for Security (DISS).
    (i) Exemption: Investigatory material compiled solely for the 
purpose of determining suitability, eligibility, or qualifications for 
Federal civilian employment, military service, Federal contracts, or 
access to classified information may be exempt pursuant to 5 U.S.C. 
552a(k)(5), but only to the extent that such material would reveal the 
identity of a confidential source.
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: (A) from subsections (c)(3) and (d) when access to 
accounting disclosure and access to or amendment of records would cause 
the identity of a confidential source to be revealed. Disclosure of the 
source's identity not only will result in the Department breaching the 
promise of confidentiality made to the source but it will impair the 
Department's future ability to compile investigatory material for the 
purpose of determining suitability, eligibility, or qualifications for 
Federal civilian employment, Federal contracts, or access to classified 
information. Unless sources can be assured that a promise of 
confidentiality will be honored, they will be less likely to provide 
information considered essential to the Department in making the 
required determinations.
    (B) From subsection (e)(1) because in the collection of information 
for investigatory purposes, it is not always possible to determine the 
relevance and necessity of particular information in the early stages 
of the investigation. It is only after the information is evaluated in 
light of other information that its relevance and necessity becomes 
clear. Such information permits more informed decision-making by the 
Department when making required suitability, eligibility, and 
qualification determinations.

    Dated: May 24, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-14183 Filed 6-14-16; 8:45 am]
 BILLING CODE 5001-06-P

38950 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations

Issued in Washington, DC, on this 9th day management tool for statistical analyses, comment necessitates withdrawal of
of June 2016. tracking, reporting, evaluating program this direct final rule, DoD will consider
Judith Starr, effectiveness, and conducting research. whether it warrants a substantive
General Counsel, Pension Benefit Guaranty This direct final rule is consistent with response in a notice and comment
Corporation. the rule currently published regarding process.
[FR Doc. 2016–14076 Filed 6–14–16; 8:45 am] DMDC 11, Investigative Records
Executive Order 12866, ‘‘Regulatory
BILLING CODE 7709–02–P Repository.
Planning and Review’’ and Executive
DATES: The rule is effective on Order 13563, ‘‘Improving Regulation
September 13, 2016 unless adverse and Regulatory Review’’
DEPARTMENT OF DEFENSE comments are received by August 15,
2016. If adverse comment is received, It has been determined that Privacy
Office of the Secretary the Department of Defense will publish Act rules for the Department of Defense
a timely withdrawal of the rule in the are not significant rules. The rules do
[Docket ID: DOD–2016–OS–0063]
Federal Register. not (1) Have an annual effect on the
32 CFR Part 311 economy of $100 million or more or
ADDRESSES: You may submit comments,
adversely affect in a material way the
identified by docket number and title,
Privacy Act of 1974; Implementation economy; a sector of the economy;
by any of the following methods:
• Federal Rulemaking Portal: http:// productivity; competition; jobs; the
AGENCY: Office of the Secretary, DoD. environment; public health or safety; or
ACTION: Direct final rule. www.regulations.gov. Follow the
instructions for submitting comments. State, local, or tribal governments or
• Mail: Department of Defense, Office communities; (2) Create a serious
SUMMARY: The Office of the Secretary of
of the Deputy Chief Management inconsistency or otherwise interfere
Defense is exempting those records
Officer, Directorate for Oversight and with an action taken or planned by
contained in DMDC 24 DoD, entitled
Compliance, 4800 Mark Center Drive, another Agency; (3) Materially alter the
‘‘Defense Information System for
Mailbox #24, Alexandria, VA 22350– budgetary impact of entitlements,
Security (DISS),’’ when investigatory
1700. grants, user fees, or loan programs, or
material is compiled solely for the
Instructions: All submissions received the rights and obligations of recipients
purpose of determining suitability,
must include the agency name and thereof; or (4) Raise novel legal or policy
eligibility, or qualifications for Federal
docket number for this Federal Register issues arising out of legal mandates, the
civilian employment, military service,
document. The general policy for President’s priorities, or the principles
Federal contracts, or access to classified
comments and other submissions from set forth in these Executive orders.
information, but only to the extent that
such material would reveal the identity members of the public is to make these Public Law 96–354, ‘‘Regulatory
of a confidential source. submissions available for public Flexibility Act’’ (5 U.S.C. Chapter 6)
This direct final rule establishes a viewing on the Internet at http://
www.regulations.gov as they are It has been determined that this
new exemption to the Office of the Privacy Act rule for the Department of
Secretary Privacy Program. The Defense received without change, including any
personal identifiers or contact Defense does not have significant
Information System for Security is the economic impact on a substantial
new DoD enterprise-wide information information.
number of small entities because it is
system for personnel security; it FOR FURTHER INFORMATION CONTACT: Mrs. concerned only with the administration
provides a common, comprehensive Luz D. Ortiz, 571–372–0478. of Privacy Act systems of records within
medium to request, record, document, SUPPLEMENTARY INFORMATION: This rule the Department of Defense. A
and identify personnel security actions is being published as a direct final rule Regulatory Flexibility Analysis is not
within the Department including: as the Department of Defense does not required.
Determinations of eligibility and access expect to receive any adverse
to classified information, national comments, and so a proposed rule is Public Law 95–511, ‘‘Paperwork
security, suitability and/or fitness for unnecessary. Reduction Act’’ (44 U.S.C. Chapter 35)
employment, and HSPD–12 It has been determined that this
determination for Personal Identity Direct Final Rule and Significant
Privacy Act rule for the Department of
Verification (PIV) to access government Adverse Comments
Defense imposes no additional
facilities and systems, submitting DoD has determined this rulemaking information requirements beyond the
adverse information, verification of meets the criteria for a direct final rule Department of Defense and that the
investigation and or adjudicative status, because it involves non-substantive information collected within the
support of continuous evaluation and changes dealing with DoD’s Department of Defense is necessary and
insider threat detection, prevention, and management of its Privacy Programs. consistent with 5 U.S.C. 552a, known as
mitigation activities. DISS consists of DoD expects no opposition to the the Privacy Act of 1074.
two applications, the Case Adjudication changes and no significant adverse
Tracking system (CATS) and the Joint comments. However, if DoD receives a Section 202, Public Law 104–4,
Verification System (JVS). CATS is used significant adverse comment, the ‘‘Unfunded Mandates Reform Act’’
by the DoD Adjudicative Community for Department will withdraw this direct It has been determined that this
the purpose of recording eligibility final rule by publishing a notice in the Privacy Act rule for the Department of
determinations. JVS is used by DoD Federal Register. A significant adverse Defense does not involve a Federal
Security Managers and Industry Facility comment is one that explains: (1) Why mandate that may result in the
ehiers on DSK5VPTVN1PROD with RULES

Security Officers for the purpose of the direct final rule is inappropriate, expenditure by State, local and tribal
verifying eligibility, recording access including challenges to the rule’s governments, in the aggregate, or by the
determinations, submitting incidents for underlying premise or approach; or (2) private sector, of $100 million or more
subsequent adjudication, and visit why the direct final rule will be and that this rulemaking will not
requests from the field (worldwide). The ineffective or unacceptable without a significantly or uniquely affect small
records may also be used as a change. In determining whether a governments.

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Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations 38951

Executive Order 13132, ‘‘Federalism’’ investigatory purposes, it is not always through July 31, 2016, for the Annual
It has been determined that this possible to determine the relevance and Kennewick, Washington, Columbia
Privacy Act rule for the Department of necessity of particular information in Unlimited Hydroplane Races. This
Defense does not have federalism the early stages of the investigation. It is enforcement action is being taken to
implications. This rule does not have only after the information is evaluated provide for the safety of life on
substantial direct effects on the States, in light of other information that its navigable waterways during the regatta.
on the relationship between the relevance and necessity becomes clear. Our regulation for Annual Kennewick,
National Government and the States, or Such information permits more Washington, Columbia Unlimited
on the distribution of power and informed decision-making by the Hydroplane, § 100.1303, specifies the
responsibilities among the various Department when making required location of the regulated area for all
levels of government. Therefore, no suitability, eligibility, and qualification waters of the Columbia river bounded
Federalism assessment is required. determinations. by two lines drawn from between
Dated: May 24, 2016. position latitude 46°14′07″ N., longitude
List of Subjects in 32 CFR Part 311 119°10′42″ W. and position latitude
Aaron Siegel,
Privacy. Alternate OSD Federal Register Liaison
46°13′42″ N., longitude 119°10′51″ W.;
Accordingly, 32 CFR part 311 is Officer, Department of Defense. and the second line running between
amended as follows: [FR Doc. 2016–14183 Filed 6–14–16; 8:45 am]
position latitude 46°13′35″ N., longitude
119°07′34″ W. and position latitude
BILLING CODE 5001–06–P
PART 311—OFFICE OF THE 46°13′10″ N., longitude 119°07′47″ W.
SECRETARY OF DEFENSE AND JOINT As specified in § 100.1303, during the
STAFF PRIVACY PROGRAM enforcement period, no vessel may
DEPARTMENT OF HOMELAND transit this regulated area without
■ 1. The authority citation for 32 CFR SECURITY approval from the Captain of the Port
part 311 continues to read as follows: Coast Guard Sector Columbia River (COTP) or a
Authority: 5 U.S.C. 552a. COTP designated representative.
33 CFR Part 100 This notice of enforcement is issued
■ 2. Section 311.8 is amended by adding under authority of 33 CFR 100.1303 and
paragraph (c)(27) to read as follows: [Docket No. USCG–2016–0358] 5 U.S.C. 552(a). In addition to this
§ 311.8 Procedures for exemptions. notice of enforcement in the Federal
Special Local Regulation; Annual Register, the Coast Guard plans to
* * * * * Kennewick, Washington, Columbia
(c) * * * provide notification of this enforcement
Unlimited Hydroplane Races period via the Local Notice to Mariners
(27) System identifier and name:
DMDC 24 DoD, Defense Information AGENCY: Coast Guard, DHS. and marine information broadcasts.
System for Security (DISS). ACTION: Notice of enforcement of Dated: June 7, 2016.
(i) Exemption: Investigatory material regulation. D.F. Berliner,
compiled solely for the purpose of Captain, U.S. Coast Guard, Alternate Captain
SUMMARY: The Coast Guard will enforce
determining suitability, eligibility, or of the Port, Sector Columbia River.
the special local regulation for the
qualifications for Federal civilian [FR Doc. 2016–14067 Filed 6–14–16; 8:45 am]
Annual Kennewick, Washington,
employment, military service, Federal
Columbia Unlimited Hydroplane Races BILLING CODE 9110–04–P
contracts, or access to classified
from 7 a.m. to 5:30 p.m. each day, from
information may be exempt pursuant to
July 29, 2016, through July 31, 2016.
5 U.S.C. 552a(k)(5), but only to the DEPARTMENT OF HOMELAND
This enforcement action is necessary to
extent that such material would reveal SECURITY
assist in minimizing the inherent
the identity of a confidential source.
(ii) Authority: 5 U.S.C. 552a(k)(5). dangers associated with hydroplane Coast Guard
(iii) Reasons: (A) from subsections races. Our regulation for Recurring
(c)(3) and (d) when access to accounting Marine Events in Captain of the Port 33 CFR Part 117
disclosure and access to or amendment Sector Columbia River Zone identifies
the regulated area for this regatta. [Docket No. USCG–2016–0497]
of records would cause the identity of
a confidential source to be revealed. During the enforcement period, no
vessel may transit this regulated area Drawbridge Operation Regulation;
Disclosure of the source’s identity not Mullica River, Green Bank, NJ
only will result in the Department without approval from the Captain of
breaching the promise of confidentiality the Port or a designated representative. AGENCY: Coast Guard, DHS.
made to the source but it will impair the DATES: The regulation in 33 CFR ACTION:Notice of deviation from
Department’s future ability to compile 100.1303 will be enforced from 7 a.m. drawbridge regulation.
investigatory material for the purpose of until 5:30 p.m. on July 29, 2016 through
determining suitability, eligibility, or July 31, 2016. SUMMARY: The Coast Guard has issued a
qualifications for Federal civilian FOR FURTHER INFORMATION CONTACT: If temporary deviation from the operating
employment, Federal contracts, or you have questions about this notice of schedule that governs the Green Bank
access to classified information. Unless enforcement, call or email Mr. Ken Bridge (Green Bank Road/CR563) across
sources can be assured that a promise of Lawrenson, Waterways Management the Mullica River, mile 18.0, at Green
confidentiality will be honored, they Division, MSU Portland, Oregon, Coast Bank, NJ. The deviation is necessary to
ehiers on DSK5VPTVN1PROD with RULES

will be less likely to provide Guard; telephone 503–240–9319, email perform bridge repairs. This deviation
information considered essential to the msupdxwwm@uscg.mil. allows the bridge to remain in the
Department in making the required SUPPLEMENTARY INFORMATION: The Coast closed-to-navigation position.
determinations. Guard will enforce special local DATES: This deviation is effective from
(B) From subsection (e)(1) because in regulations in 33 CFR 100.1303 from 7 7:30 a.m. on June 20, 2016, through 3:30
the collection of information for a.m. until 5:30 p.m. on July 29, 2016, p.m. on June 23, 2016.

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Document Created: 2016-06-15 02:21:08
Document Modified: 2016-06-15 02:21:08

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		The rule is effective on September 13, 2016 unless adverse comments are received by August 15, 2016. If adverse comment is received, the Department of Defense will publish a timely withdrawal of the rule in the Federal Register.
Contact		Mrs. Luz D. Ortiz, 571-372-0478.
FR Citation		81 FR 38950

81 FR 38950 - Privacy Act of 1974; Implementation

DEPARTMENT OF DEFENSEOffice of the Secretary

Federal Register Volume 81, Issue 115 (June 15, 2016)

DEPARTMENT OF DEFENSE
Office of the Secretary