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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Proposed Rules
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 this rule does not impose additional information collection requirements on the public under the Paperwork Reduction Act of 1995 44 U.S.C. 3501 et seq..
Section 202, Public Law 1044, 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 it 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.
Executive Order 13175, Consultation and Coordination With Indian Tribal Governments Executive Order 13175 establishes certain requirements that an agency must meet when it promulgates a proposed rule and subsequent final rule that imposes substantial direct compliance costs on one or more Indian tribes, preempts tribal law, or effects the distribution of power and responsibilities between the federal government and Indian tribes. This rule will not have a substantial effect on Indian tribal governments.
List of Subjects in 32 CFR Part 310
Privacy.
Accordingly, 32 CFR part 310 is proposed to be amended as follows:
PART 310 Amended 1. The authority citation for 32 CFR
part 310 continues to read as follows:

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

2. Section 310.13 is amended by adding paragraph e7 to read as follows:

310.13 Exemptions for DoD-wide systems.

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e
7 System identifier and name. DoD
0008, Freedom of Information Act and Privacy Act Records.
i Exemptions. This system of records is exempt from 5 U.S.C. 552ac3 and 4; d1, 2, 3, and 4; e1; e2;
e3; e4G, H, andI; e5; e8;
f and g.
ii Authority. 5 U.S.C. 552aj2, k1, k2, k3, k5, k6, and k7.
iii Exemption from the particular subsections. Exemption from the particular subsections is justified for the following reasons:
A Subsection c3, d1, and d21 Exemption j2. Records in this system of records may contain information recompiled from other systems of records maintained by a DoD
component or other agency which performs as its principal function activities pertaining to the enforcement of criminal laws and contain investigatory material compiled for criminal law enforcement purposes, including information identifying criminal offenders and alleged offenders, information compiled for the purpose of criminal investigation, or reports compiled during criminal law enforcement proceedings. Application of exemption j2 may be necessary because access to, amendment of, or release of the accounting of disclosures of such records could inform the record subject of an investigation of the existence, nature, or scope of an actual or potential law enforcement or disciplinary investigation, and thereby seriously impede law enforcement or prosecutorial efforts by permitting the record subject and other persons to whom he might disclose the records to avoid criminal penalties or disciplinary measures; reveal confidential sources who might not have otherwise come forward to assist in an investigation and thereby hinder DoD or the other agencys ability to obtain information from future confidential sources and result in an unwarranted invasion of the privacy of others. Amendment of such records could also impose a highly impracticable administrative burden by requiring investigations to be continuously reinvestigated.
2 Exemption k1. Records in this system of records may contain information that is properly classified pursuant to Executive order.
Application of exemption k1 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
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records to an individual may cause damage to national security.
3 Exemption k2. Records in this system of records may may contain information recompiled from other systems of records pertaining to investigatory material compiled for law enforcement purposes other than material within the scope of 5 U.S.C.
552aj2. Application of exemption k2 may be necessary because access to, amendment of, or release of the accounting of disclosures of such records could: Inform the record subject of an investigation of the existence, nature, or scope of an actual or potential law enforcement or disciplinary investigation, and thereby seriously impede law enforcement or prosecutorial efforts by permitting the record subject and other persons to whom he might disclose the records or the accounting of records to avoid criminal penalties, civil remedies, or disciplinary measures; interfere with a civil or administrative action or investigation by allowing the subject to tamper with witnesses or evidence, and to avoid detection or apprehension, which may undermine the entire investigatory process; reveal confidential sources who might not have otherwise come forward to assist in an investigation and thereby hinder DoDs ability to obtain information from future confidential sources; and result in an unwarranted invasion of the privacy of others. Amendment of such records could also impose a highly impracticable administrative burden by requiring investigations to be continuously reinvestigated.
4 Exemption k3. Records in this system of records may contain information recompiled from other systems of records pertaining to providing protective services to the President of the United States or other individuals pursuant to 18 U.S.C. 3056.
Application of exemption k3 for such records may be necessary because access to, amendment of, or release of the accounting of disclosures of such records could compromise the effectiveness of protective services, the safety of the individuals protected pursuant to 18 U.S.C. 3056, and the safety of the personnel providing protective services.
5 Exemption k5. Records in this system of records may contain information recompiled from other systems of records concerning investigatory material compiled solely for determining suitability, eligibility, and qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information. In some cases, such records
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