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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
1241.60b2 for each violation for each day that it continues if you:
1 Knowingly or willfully prepare, maintain, or submit false, inaccurate, or misleading reports, notices, affidavits, records, data, or other written information.
2 Reserved FR Doc. 202115388 Filed 72121; 8:45 am BILLING CODE 4310MRP

FOR FURTHER INFORMATION CONTACT:

DEPARTMENT OF DEFENSE

Ms.

Lyn Kirby, OSD.DPCLTD@mail.mil, 703 5710070.

Office of the Secretary
SUPPLEMENTARY INFORMATION:

32 CFR Part 310

I. Background
Docket ID: DoD2021OS0054

In accordance with the Privacy Act of 1974, DoD is establishing a new Department-wide system of records titled DoD 0007, Defense Reasonable Accommodation and Assistive Technology Records. This system of records covers both electronic and paper records and will be used by DoD
components and offices to maintain records about accommodations based on disability requested by or provided to employees and applicants for employment and participants in DoD
programs and activities. The Rehabilitation Act of 1973, as amended, generally requires Federal agencies to provide accommodations which enable individuals with disabilities to perform DoD employment and participate in DoD programs and activities, unless such accommodation would impose an undue burden. In addition, DoDs Computer/Electronic Accommodations Program CAP provides assistive computer/electronic technology solutions to individualsincluding injured, wounded, or ill Service memberswith hearing, vision, dexterity, cognitive, and/or communications impairments in the form of an accessible work environment.
This also includes the request and delivery of personal assistance services for covered individuals. Such disability accommodations include: 1 Making existing facilities readily accessible to and usable by individuals with disabilities; 2 job restructuring, modification of work schedules or place of work, extended leave, telecommuting, or reassignment to a vacant position;
and/or 3 acquisition or modification of equipment or devices, including computer software and hardware, appropriate adjustments or modifications of examinations, training materials or policies, the provision of qualified readers and/or interpreters, personal assistants, service animals, and other similar accommodations.

RIN 0790AL14

Privacy Act of 1974; Implementation Office of the Secretary of Defense, Department of Defense DoD.
ACTION: Direct final rule with request for comments.
AGENCY:

The Department of Defense DoD or Department is giving concurrent notice of a new Departmentwide system of records DoD 0007, Defense Reasonable Accommodation and Assistive Technology Records, and this rulemaking, which exempts portions of this system of records from certain provisions of the Privacy Act of 1974, as amended, because of national security requirements. This rule is being published as a direct final rule as the Department does not expect to receive any adverse comments. If such comments are received, this direct final rule will be withdrawn and a proposed rule for comments will be published.
DATES: The rule is effective on September 30, 2021 unless comments are received that would result in a contrary determination. Comments will be accepted on or before September 20, 2021. If adverse comment is received, the Department will publish a timely withdrawal of the rule in the Federal Register.
SUMMARY:

You may submit comments, identified by docket number and title, by any of the following methods.
Federal eRulemaking Portal: https
www.regulations.gov.
Follow the instructions for submitting comments.
Mail: The DoD cannot receive written comments at this time due to the COVID19 pandemic. Comments should be sent electronically to the docket listed above.
Instructions: All submissions received must include the agency name and
ADDRESSES:

lotter on DSK11XQN23PROD with RULES1

docket number or Regulatory Information Number 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 https www.regulations.gov as they are received without change, including any personal identifiers or contact information.

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II. Privacy Act Exemption The Privacy Act permits Federal agencies to exempt eligible records in a system of records from certain provisions of the Act, including the provisions providing individuals with a right to request access to and amendment of their own records and accountings of disclosures of such records. If an agency intends to exempt a particular system of records, it must first go through the rulemaking process to provide public notice and an opportunity to comment on the proposed exemption. The Office of the Secretary is amending 32 CFR part 310
to add a new Privacy Act exemption rule for this system of records. The DoD
is adding an exemption for this system of records because some of its records may contain classified national security information and providing notice, access, amendment, and disclosure of accounting of those records to an individual, as well as certain recordkeeping requirements, may cause damage to national security. The Privacy Act, pursuant to 5 U.S.C.
552ak1, authorizes agencies to claim an exemption for systems of records that contain information properly classified pursuant to executive order. The DoD is claiming an exemption from several provisions of the Privacy Act, including various access, amendment, disclosure of accounting, and certain recordkeeping and notice requirements, to prevent disclosure of any information properly classified pursuant to executive order, as implemented by DoD
Instruction 5200.01 and DoD Manual 5200.01, Volumes 1 and 3.
III. Direct Final Rulemaking This rule is being published as a direct final rule as the Department does not expect to receive any significant adverse comments. If such comments are received, this direct final rule will be withdrawn and a proposed rule for comments will be published. If no such comments are received, this direct final rule will become effective ten days after the comment period expires.
For purposes of this rule, a significant adverse comment is one that explains 1 why the rule is inappropriate, including challenges to the rules underlying premise or approach; or 2
why the direct final rule will be ineffective or unacceptable without a change. In determining whether a significant adverse comment necessitates withdrawal of this direct final rule, the Department will consider whether the comment raises an issue serious enough to warrant a substantive response had it been submitted in a
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