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52071

Rules and Regulations
Federal Register Vol. 86, No. 179
Monday, September 20, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF DEFENSE
Office of the Secretary 32 CFR Part 310
Docket ID: DoD2020OS0094
RIN 0790AL17

Privacy Act of 1974; Implementation Office of the Secretary of Defense OSD, Department of Defense.
ACTION: Final rule.
AGENCY:

The Department of Defense DoD or Department is issuing a final rule to amend its regulations to exempt portions of the DoD0005, Defense Training Records system of records from certain provisions of the Privacy Act of 1974. Specifically, the rule exempts portions of the Defense Training Records system of records from certain provisions of the Privacy Act because of national security requirements and to preserve the objectivity and fairness of testing and examination material.
DATES: This final rule is effective October 20, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Lyn Kirby, OSD.DPCLTD@mail.mil, 703 5710070.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Background On December 28, 2020 85 FR 84316
84319, DoD published a notice of a new system of records SORN establishing the DoD0005, Defense Training Records system of records. This system covers DoDs collection, use, and maintenance of records about training delivered to DoD Service members, civilian personnel, and other DoDaffiliated individuals. The training data includes enrollment and participation information, information pertaining to class schedules, programs, and instructors, training trends and needs, testing and examination materials, and assessments of training efficacy. No comments on the Routine Uses were
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received during the SORNs 30-day public comment period.
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.
Because this system of records may contain classified information or information the release of which could compromise the fairness or objectivity of the testing or examination process, DoD proposed to exempt this system of records from certain provisions of the Privacy Act by a notice of proposed rulemaking NPRM published at 85 FR
8427884279 concurrently with the SORN. The NPRM proposed to modify DoDs Privacy Act regulations at 32 CFR
part 310 to exempt portions of records maintained in DoD0005 from the requirements of 5 U.S.C. 552ac3 and d14 of the Privacy Act, pursuant to 5 U.S.C. 552ak1 and k6 of the Privacy Act. The public comment period ended on February 26, 2021, and DoD did not receive any comments on the NPRM. This 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.
Regulatory Analysis Executive Order 12866, Regulatory Planning and Review and Executive Order 13563, Improving Regulation and Regulatory Review It has been previously determined that Privacy Act rules for the DoD 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
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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 Presidents priorities, or the principles set forth in these Executive Orders.
Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., it has been determined that Privacy Act rules for the DoD are not major rules, as defined by 5 U.S.C. 8042.
Section 202, Public Law 1044, Unfunded Mandates Reform Act It has been determined that the Privacy Act rules for the DoD do 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 rules will not significantly or uniquely affect small governments.
Public Law 96354, Regulatory Flexibility Act 5 U.S.C. Chapter 6
The Director of Administration and Management certified that Privacy Act rules for the DoD do not have significant economic impact on a substantial number of small entities because they are concerned only with the administration of Privacy Act systems of records within the DoD.
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.
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.

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