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64631

Rules and Regulations Federal Register


Vol. 71, No. 213

Friday, November 3, 2006

This section of the FEDERAL REGISTER ‘‘Funds not distributed will be DEPARTMENT OF DEFENSE
contains regulatory documents having general allocated pro rata to the remaining
applicability and legal effect, most of which States who applied during the specified 32 CFR Part 312
are keyed to and codified in the Code of grant application period to be solely
Federal Regulations, which is published under expended on projects previously [Docket No. DOD–2006–OS–0168]
50 titles pursuant to 44 U.S.C. 1510.
approved in their State plan.’’
The Code of Federal Regulations is sold by Dated: October 31, 2006. RIN 0790–AI01
the Superintendent of Documents. Prices of Lloyd C. Day,
new books are listed in the first FEDERAL Inspector General; Privacy Act;
Administrator, Agricultural Marketing
REGISTER issue of each week. Implementation
Service.
[FR Doc. E6–18563 Filed 11–2–06; 8:45 am] AGENCY: Inspector General, DoD.
DEPARTMENT OF AGRICULTURE BILLING CODE 3410–02–P ACTION: Final rule.

Agricultural Marketing Service SUMMARY: The Office of the Inspector


General (OIG) is exempting those
7 CFR Part 1290 DEPARTMENT OF DEFENSE records in a new system of records
(CIG–23, ‘‘Public Affairs Files,’’ (August
[Docket No. FV06–1290–1 FR–C] Office of the Secretary 7, 2006, 71 FR 44667)) in its inventory
RIN 0581–AC59 of systems of records pursuant to the
32 CFR Part 58 Privacy Act of 1974 (5 U.S.C. 552a), as
Specialty Crop Block Grant Program amended.
Human Immunodeficiency Virus (HIV–
AGENCY: Agricultural Marketing Service, DATES: Effective Date: December 4, 2006.
1)
USDA. FOR FURTHER INFORMATION CONTACT: Mr.
ACTION: Final rule; correction. AGENCY: Department of Defense. Darryl R. Aaron at (703) 604–9785.
ACTION: Final rule. SUPPLEMENTARY INFORMATION: The
SUMMARY: This document contains
corrections to the preamble of the final proposed rule was published on August
SUMMARY: This document removes part
rule (Docket No. FV–06–1290–1 FR), 7, 2006, at 71 FR 44602. No comments
58, ‘‘Human Immunodeficiency Virus
published Monday, September 11, 2006 were received. The rule is therefore
(HIV–1)’’ presently in Title 32 of the
(71 FR 53303). These corrections clarify adopted as published below.
Code of Federal Regulations. This part
a response to comments concerning how has served the purpose for which it was Executive Order 12866, ‘‘Regulatory
the funds will be transferred to the intended in the CFR and is no longer Planning and Review’’
States and the allocation of grant funds necessary. It has been determined that Privacy
not distributed to a State. Act rules for the Department of Defense
DATES: Effective Date: November 3,
DATES: Effective Date: November 3, are not significant rules. The rules do
2006.
2006. not (1) have an annual effect on the
FOR FURTHER INFORMATION CONTACT: L.
FOR FURTHER INFORMATION CONTACT: economy of $100 million or more or
Pahland, 703–681–1703, extension
Trista Etzig, Fruit and Vegetable adversely affect in a material way the
5213.
Programs, AMS, USDA, 1400 economy; a sector of the economy;
Independence Avenue, SW., Stop 0243, SUPPLEMENTARY INFORMATION: This part productivity; competition; jobs; the
Washington, DC 20250–0243; 58 is removed to as a part of a DoD environment; public health or safety; or
Telephone: (202) 690–4942; Fax: (202) exercise to remove CFR parts no longer State, local, or tribal governments or
690–0102; or E-mail: required to be codified. The communities; (2) create a serious
trista.etzig@usda.gov. corresponding DoD Instruction 6485.01 inconsistency or otherwise interfere
SUPPLEMENTARY INFORMATION:
is available at http://www.dtic.mil/whs/ with an action taken or planned by
directives/corres/html/648501.htm. another Agency; (3) materially alter the
Corrections budgetary impact of entitlements,
List of Subjects in 32 CFR Part 58
In the final rule published on grants, user fees, or loan programs, or
September 11, 2006, beginning on page Foreign relations, Government the rights and obligations of recipients
53304, in the first column, change the employees, HIV/AIDS, Military thereof; or (4) raise novel legal or policy
sentence beginning with ‘‘The AMS will personnel. issues arising out of legal mandates, the
provide the entire’’ to the following: President’s priorities, or the principles
PART 58—[REMOVED]
‘‘Each time AMS distributes funds to set forth in this Executive order.
approved applicants it will be by an ■ Accordingly, by the authority of 10 Public Law 96–354, ‘‘Regulatory
electronic transfer for the entire U.S.C. 301, 32 CFR part 58 is removed. Flexibility Act’’ (5 U.S.C. Chapter 6)
approved amount.’’
In the final rule published on Dated: October 30, 2006. It has been determined that Privacy
mstockstill on PROD1PC61 with RULES

September 11, 2006, beginning on page L.M. Bynum, Act rules for the Department of Defense
53305, in the third column, add after the Alternate OSD Federal Register Liaison do not have significant economic impact
sentence ending with ‘‘requested for Officer, Department of Defense. on a substantial number of small entities
that application year’’ in the first [FR Doc. 06–9044 Filed 10–2–06; 8:45 am] because they are concerned only with
complete paragraph, the following: BILLING CODE 5001–06–M the administration of Privacy Act

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64632 Federal Register / Vol. 71, No. 213 / Friday, November 3, 2006 / Rules and Regulations

systems of records within the for the original primary systems of FOR FURTHER INFORMATION CONTACT: Ms.
Department of Defense. records which they are a part. Brenda M. Carter at (703) 325–1205 or
(3) Authority: 5 U.S.C. 552a(j)(2), DSN 221–1205.
Public Law 96–511, ‘‘Paperwork
(k)(1), (k)(2), (k)(3), (k)(4), (k)(5), (k)(6), SUPPLEMENTARY INFORMATION: The
Reduction Act’’ (44 U.S.C. Chapter 35)
and (k)(7). proposed rule was published on August
It has been determined that Privacy (4) Reasons: Records are only exempt 7, 2006, at 71 FR 44603. One public
Act rules for the Department of Defense from pertinent provisions of 5 U.S.C. comment was received, but the
impose no information requirements 552a to the extent (1) such provisions comments did not impact the proposed
beyond the Department of Defense and have been identified and an exemption rule. The rule is therefore adopted as
that the information collected within claimed for the original record and (2) published below.
the Department of Defense is necessary the purposes underlying the exemption
and consistent with 5 U.S.C. 552a, Executive Order 12866, ‘‘Regulatory
for the original record still pertain to the
known as the Privacy Act of 1974. Planning and Review’’
record which is now contained in this
system of records. In general, the It has been determined that Privacy
Section 202, Public Law 104–4,
exemptions were claimed in order to Act rules for the Department of Defense
‘‘Unfunded Mandates Reform Act’’
protect properly classified information are not significant rules. The rules do
It has been determined that Privacy relating to national defense and foreign not (1) Have an annual effect on the
Act rulemaking for the Department of policy, to avoid interference during the economy of $100 million or more or
Defense does not involve a Federal conduct of criminal, civil, or adversely affect in a material way the
mandate that may result in the administrative actions or investigations, economy; a sector of the economy;
expenditure by State, local and tribal to ensure protective services provided productivity; competition; jobs; the
governments, in the aggregate, or by the the President and others are not environment; public health or safety; or
private sector, of $100 million or more compromised, to protect the identity of State, local, or tribal governments or
and that such rulemaking will not confidential sources incident to Federal communities; (2) Create a serious
significantly or uniquely affect small employment, military service, contract, inconsistency or otherwise interfere
governments. and security clearance determinations, with an action taken or planned by
Executive Order 13132, ‘‘Federalism’’ to preserve the confidentiality and another Agency; (3) Materially alter the
integrity of Federal testing materials, budgetary impact of entitlements,
It has been determined that Privacy grants, user fees, or loan programs, or
and to safeguard evaluation materials
Act rules for the Department of Defense the rights and obligations of recipients
used for military promotions when
do not have federalism implications. thereof; or (4) Raise novel legal or policy
furnished by a confidential source. The
The rules do not have substantial direct issues arising out of legal mandates, the
exemption rule for the original records
effects on the States, on the relationship President’s priorities, or the principles
will identify the specific reasons why
between the National Government and set forth in this Executive order.
the records are exempt from specific
the States, or on the distribution of
provisions of 5 U.S.C. 552a. Public Law 96–354, ‘‘Regulatory
power and responsibilities among the
various levels of government. Dated: October 30, 2006. Flexibility Act’’ (5 U.S.C. Chapter 6)
C.R. Choate, It has been determined that Privacy
List of Subjects in 32 CFR Part 312
Alternate OSD Federal Register Liaison Act rules for the Department of Defense
Privacy. Officer, Department of Defense. do not have significant economic impact
■ Accordingly, 32 CFR part 312 is [FR Doc. E6–18588 Filed 11–2–06; 8:45 am] on a substantial number of small entities
amended as follows: BILLING CODE 5001–06–P because they are concerned only with
the administration of Privacy Act
PART 312—OIG PRIVACY ACT systems of records within the
PROGRAM DEPARTMENT OF DEFENSE Department of Defense.
■ 1. The authority citation for 32 CFR 32 CFR Part 318 Public Law 96–511, ‘‘Paperwork
part 312 continues to read as follows: Reduction Act’’ (44 U.S.C. Chapter 35)
Authority: Pub. L. 93–579, 88 Stat. 1896 (5 [Docket No. DOD–2006–OS–0169] It has been determined that Privacy
U.S.C. 552a). Act rules for the Department of Defense
■ 2. § 312.12, is amended by adding RIN 0790–AI03 impose no information requirements
paragraph (j) to read as follows: beyond the Department of Defense and
Defense Threat Reduction Agency; that the information collected within
§ 312.12 Exemptions. Privacy Act; Implementation the Department of Defense is necessary
* * * * * and consistent with 5 U.S.C. 552a,
(j) System identifier: CIG 23 AGENCY: Defense Threat Reduction known as the Privacy Act of 1974.
(1) System name: Public Affairs Files. Agency, DoD.
(2) Exemption: During the course of ACTION: Final rule.
Section 202, Public Law 104–4,
processing a General Counsel action, ‘‘Unfunded Mandates Reform Act’’
exempt materials from other systems of SUMMARY: The Defense Threat Reduction It has been determined that Privacy
records may in turn become part of the Agency is exempting those records in a Act rulemaking for the Department of
case records in this system. To the new system of records (HDTRA 021, Defense does not involve a Federal
extent that copies of exempt records ‘‘Freedom of Information Act and mandate that may result in the
from those ‘other’ systems of records are Privacy Act Case Files’’ (August 7, 2006, expenditure by State, local and tribal
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entered into the Public Affairs Files, the 71 FR 44668)) in its inventory of governments, in the aggregate, or by the
Office of the Inspector General hereby systems of records pursuant to the private sector, of $100 million or more
claims the same exemptions for the Privacy Act of 1974 (5 U.S.C. 552a), as and that such rulemaking will not
records from those ‘other’ systems that amended. significantly or uniquely affect small
are entered into this system, as claimed EFFECTIVE DATE: December 4, 2006. governments.

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