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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations standard notice-and-comment process.
A comment recommending an addition to the rule will not be considered significant and adverse unless the comment explains how this direct final rule would be ineffective without the addition.
An agency typically uses direct final rulemaking when it anticipates the rule will be non-controversial. The Department has determined that this rule is suitable for direct final rulemaking. The rule exempts this Privacy Act system of records on the basis that it may contain classified information. This exemption relieves the Department from the requirements of several provisions of the Privacy Act, including various access, amendment, disclosure of accounting, and certain recordkeeping and notice requirements.
The purpose of the rule is to prevent disclosure of any information properly classified pursuant to executive order and protect against harm to the national security. This exemption should not be controversial and is consistent with federal law and policy regarding the appropriate handling and protection of national security information.
Accordingly, pursuant to 5 U.S.C.
553b, the Department has for good cause determined that the notice and comment requirements are unnecessary.
This direct final rule adds to the DoDs Privacy Act exemptions for Department-wide systems of records found in 32 CFR 310.13. Records in this system of records are only exempt from the Privacy Act to the extent the purposes underlying the exemption pertain to the record.
A notice of a new system of records for DoD 0007 is also published in this issue of the Federal Register.

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Regulatory Analysis 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 also emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. It has been determined that Privacy Act rules for the DoD are not significant rules under these Executive orders.

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Section 202, Public Law 1044, Unfunded Mandates Reform Act It has been determined that the Privacy Act rules for the DoD does not involve Federal mandates 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 rules will not significantly or uniquely affect small governments.
Public Law 96511, Paperwork Reduction Act 44 U.S.C. Chapter 35
It has been determined that Privacy Act rules for the DoD impose no additional reporting or recordkeeping requirements on the public under the Paperwork Reduction Act of 1995.
Public Law 96354, Regulatory Flexibility Act 5 U.S.C. Chapter 6
It has been certified that this Privacy Act rule for the DoD does not have significant economic impacts on a substantial number of small entities because they are concerned only with the administration of Privacy Act systems of records within the DoD.
Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., it has been determined that this direct final rule is not a major rule, as defined by 5 U.S.C.
8042.
Executive Order 13132, Federalism It has been determined that the Privacy Act rules for the DoD do not have federalism implications. The rules do 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 310
Privacy.
Accordingly, 32 CFR part 310 is amended as follows:
PART 310AMENDED
1. The authority citation for part 310
continues to read as follows:

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

2. Amend 310.13 by adding reserve paragraph e3, 4, and 5 and paragraph e6 to read as follows:

310.13 Exemptions for DoD-wide systems.

e
6 System identifier and name. DoD
0007, Defense Reasonable
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Accommodation and Assistive Technology Records.
i Exemptions. This system of records is exempt from 5 U.S.C. 552ac3 and 4; d1, 2, 3, and 4; e4G, H, and I; and f.
ii Authority. 5 U.S.C. 552ak1.
iii Exemption from the particular subsections. Exemption from the particular subsections pursuant to exemption k1 is justified for the following reasons:
A Subsections c3, c4, d1, and d2. Records in this system of records may contain information concerning individuals that is properly classified pursuant to executive order.
Application of exemption k1 for such records may be necessary because access to and amendment of the records, or release of the accounting of disclosures for such records, could reveal classified information. Disclosure of classified records to an individual may cause damage to national security.
Accordingly, application of exemption k1 may be necessary.
B Subsections d3 and 4.
Subsections d3 and 4 are inapplicable to the extent an exemption is claimed from d2.
C Subsections e4G and H and Subsection f. Subsections e4G and H and subsection f are inapplicable to the extent exemption is claimed from the access and amendment provisions of subsection d. Because portions of this system are exempt from the individual access and amendment provisions of subsection d for the reasons noted in paragraphs e6iiiA and B of this section, DoD is not required to establish requirements, rules, or procedures with respect to such access or amendment provisions. Providing notice to individuals with respect to the existence of records pertaining to them in the system of records or otherwise setting up procedures pursuant to which individuals may access, view, and seek to amend records pertaining to themselves in the system would potentially undermine national security and the confidentiality of classified information. Accordingly, application of exemption k1 may be necessary.
D Subsection e4I. To the extent that subsection e4I is construed to require more detailed disclosure than the broad information currently published in the system notice concerning categories of sources of records in the system, an exemption from this provision is necessary to protect national security and the confidentiality of sources and methods, and other classified information.
iv Exempt records from other systems. In the course of carrying out
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