DoD Freedom of Information Act (FOIA) Program (DoDD 5400.7), 40249-40251 [05-13742]
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Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Proposed Rules
(such as for allergy, cough-cold, or
pain)’’.
(4) The following information shall
appear after the subheading ‘‘When
using this product’’ [in bold type]:
(i) ‘‘[Bullet] increased blood pressure
or heart rate can occur, which could
lead to more serious problems such as
heart attack, stroke, and death. Your risk
may increase if you take more
frequently or more than the
recommended dose.’’ [statements shall
appear in bold type as the first
statements under this subheading]
(ii) ‘‘[Bullet] nervousness,
sleeplessness, rapid heart beat, tremor,
and seizure may occur. If these
symptoms persist or get worse, consult
a doctor right away.’’
(iii) ‘‘[Bullet] avoid caffeinecontaining foods or beverages’’.
(iv) ‘‘[Bullet] avoid dietary
supplements containing ingredients
reported or claimed to have a stimulant
effect’’.
(5) For products containing
ephedrine, ephedrine hydrochloride,
ephedrine sulfate, or racephedrine
hydrochloride identified in § 341.16(a),
(b), (c), and (f).—(i) The following
information shall appear after the
subheading ‘‘Asthma alert: Because
asthma can be life threatening, see a
doctor if you’’ [in bold type]:
(A) ‘‘[Bullet] are not better in 60
minutes’’.
(B) ‘‘[Bullet] get worse’’.
(C) ‘‘[Bullet] need [insert total number
of dosage units that equals 150
milligrams] in any day’’.
(D) ‘‘[Bullet] use more than [insert
total number of dosage units that equals
100 milligrams] a day for more than 3
days a week’’.
(E) ‘‘[Bullet] have more than 2 asthma
attacks in a week.’’
(ii) This ‘‘Asthma alert’’ shall appear
on any labeling that contains warnings
and shall be the first warning statement
under the heading ‘‘Warnings’’.
(6) For products containing
epinephrine, epinephrine bitartrate, or
racepinephrine hydrochloride identified
in § 341.16(d), (e), and (g).—(i) The
following information shall appear after
the subheading ‘‘Asthma alert: Because
asthma can be life threatening, see a
doctor if you’’ [in bold type]:
(A) ‘‘[Bullet] are not better in 20
minutes’’.
(B) ‘‘[Bullet] get worse’’.
(C) ‘‘[Bullet] need 12 inhalations in
any day’’.
(D) ‘‘[Bullet] use more than 9
inhalations a day for more than 3 days
a week’’.
(E) ‘‘[Bullet] have more than 2 asthma
attacks in a week.’’
(ii) This ‘‘Asthma alert’’ shall appear
on any labeling that contains warnings
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Jkt 205001
and shall be the first warning statement
under the heading ‘‘Warnings’’.
(iii) For products intended for use in
a hand-held rubber bulb nebulizer. The
following statement shall also appear
after the subheading ‘‘Do not use’’ along
with the other information in paragraph
(c)(1) of this section: ‘‘[bullet] if product
is brown in color or cloudy’’.
(d) Directions. The labeling of the
product contains the following
information under the heading
‘‘Directions’’:
(1) For products containing
ephedrine, ephedrine hydrochloride,
ephedrine sulfate, or racephedrine
hydrochloride identified in § 341.16(a),
(b), (c), and (f).—(i) ‘‘[Bullet] do not
exceed dosage’’ [sentence appears as
first bulleted statement under
‘‘Directions’’ and in bold type].
(ii) ‘‘[Bullet] adults and children 12
years of age and over: oral dose is 12.5
to 25 milligrams every 4 hours as
needed, not to exceed 150 milligrams in
24 hours’’.
(iii) ‘‘[Bullet] children under 12 years
of age: ask a doctor’’.
(2) For products containing
epinephrine, epinephrine bitartrate, and
racepinephrine hydrochloride identified
in § 341.16(d), (e), and (g) for use in a
hand-held rubber bulb nebulizer. The
ingredient is used in an aqueous
solution at a concentration equivalent to
1 percent epinephrine.
(i) ‘‘[Bullet] do not exceed dosage’’
[appears as first bulleted statement
under ‘‘Directions’’ and in bold type].
(ii) ‘‘[Bullet] adults and children 4
years of age and over: 1 to 3 inhalations
not more often than every 3 hours. The
use of this product by children should
be supervised by an adult.’’
(iii) ‘‘[Bullet] children under 4 years
of age: ask a doctor’’.
Dated: June 30, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05–13709 Filed 7–12–05; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR 285
[0790–ZA05]
DoD Freedom of Information Act
(FOIA) Program (DoDD 5400.7)
Department of Defense.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: This proposed rule conforms
to the requirements of the Electronic
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40249
Freedom of Information Act
Amendments of 1996. It promotes
public trust by making the maximum
amount of information available to the
public, in both hard copy and electronic
formats, on the operation and activities
of the Department of Defense, consistent
with DoD responsibility to protect
national security and other DoD
interests as provided by applicable law.
It also allows a requester to obtain
Agency records from the Department of
Defense that are available through other
public information services without
invoking the FOIA.
DATES: Comments must be received on
September 12, 2005.
FOR FURTHER INFORMATION CONTACT: Mr.
David W. Maier, 703–695–6428
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This proposed regulatory action is not
a significant regulatory action, as
defined by Executive Order 12866.
Regulatory Flexibility Act of 1980 (5
U.S.C. 605(b))
This proposed regulatory action will
not have a significant adverse impact on
a substantial number of small entities.
Unfunded Mandates Act of 1995 (Sec.
202, Pub. L. 104–4)
This proposed regulatory action does
not contain a Federal mandate that will
result in the expenditure by State, local,
and tribal governments, in aggregate, or
by the private sector of $100 million or
more in any one year.
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35)
This proposed regulatory action will
not impose any additional reporting or
recordkeeping requirements under the
Paperwork Reduction Act.
Federalism (Executive Order 13132)
This proposed regulatory action does
not have Federalism implications, as set
forth in Executive Order 13132. It will
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.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
It has been certified that this rule is
not subject to the Regulatory Flexibility
Act (5 U.S.C. 601) because it would not,
if promulgated, have a significant
economic impact on a substantial
number of small entities. This rule
implements the Freedom of Information
Act (5 U.S.C. 552), a statute concerning
E:\FR\FM\13JYP1.SGM
13JYP1
40250
Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Proposed Rules
the release of Federal Government
records, and does not economically
impact Federal Government relations
with the private sector.
Section 202, Public Law 104–4,
‘‘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 such
rulemaking will not significantly or
uniquely affect small governments.
List of Subjects in 32 CFR Part 285
Freedom of information.
Accordingly, 32 CFR part 285 is
proposed to be revised to read as
follows:
PART 285—DOD FREEDOM OF
INFORMATION ACT (FOIA) PROGRAM
Sec.
285.1
285.2
285.3
285.4
285.5
Purpose.
Applicability and scope.
Policy.
Responsibilities.
Information requirements.
Authority: 5 U.S.C. 552.
§ 285.1
Purpose.
This part:
(a) Updates policies and
responsibilities for the implementation
of the DoD Freedom of Information Act
(FOIA) Program under 5 U.S.C. 552.
(b) Continues to delegate authorities
and responsibilities for the effective
administration of the FOIA program and
authorize the publication of DoD
5400.7–R,1 which is the DoD Regulation
on the FOIA Program.
§ 285.2
Applicability and scope.
(a) This part applies to the Office of
the Secretary of Defense (OSD), the
Military Departments, the Chairman of
the Joint Chiefs of Staff, the Combatant
Commands, the Inspector General of the
Department of Defense, the Defense
Agencies, the DoD Field Activities, and
all other organizational entities in the
Department of Defense (hereafter
referred to collectively as the ‘‘DoD
Components’’).
(b) National Security Agency/Central
Security Service records are subject to
this part unless the records are exempt
under 50 U.S.C. 402 note of title 50. The
records of the Defense Intelligence
Agency, the National Reconnaissance
Office, and the National GeospatialIntelligence Agency are also subject to
this Part unless the records are exempt
under 10 U.S.C. 424.
1 This
Regulation is codified at 32 CFR part 286.
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15:35 Jul 12, 2005
Jkt 205001
§ 285.3
Policy.
It is DoD policy to:
(a) Promote public trust by making the
maximum amount of information
available to the public, in both hard
copy and electronic formats, on the
operation and activities of the
Department of Defense, consistent with
DoD responsibility to protect national
security and other DoD interests as
provided by applicable law.
(b) Allow a requester to obtain Agency
records from the Department of Defense
that are available through other public
information services without invoking
the FOIA.
(c) Make available, under the
procedures established by DoD 5400.7–
R, those Agency records that are
requested by a member of the public
who explicitly or implicitly cites the
FOIA.
(d) Answer promptly all other
requests for Agency information and
records under established procedures
and practices.
(e) Release Agency records to the
public unless those records are exempt
from mandatory disclosure as outlined
in 5 U.S.C. 552.
(e) Process requests by individuals for
access to records about themselves
contained in a Privacy Act system of
records under procedures set forth in
DoD 5400.11–R 2 and guidance outlined
in this part, as amplified by DoD
5400.7–R.
§ 285.4
Responsibilities.
(a) The Director, Administration and
Management (DA&M) shall:
(1) Serve as the appellate authority for
appeals to decisions of respective Initial
Denial Authorities within the OSD, the
Chairman of the Joint Chiefs of Staff, the
Combatant Commands, select Defense
Agencies, and the DoD Field Activities.
The DA&M may delegate this
responsibility to an appropriate member
of the DA&M or Washington
Headquarters Services’ staff.
(2) Issue a DoD FOIA regulation and
other discretionary instructions and
guidance to ensure timely and
reasonably uniform implementation of
the FOIA in the Department of Defense.
(b) The Director, Washington
Headquarters Services, under the
DA&M, shall:
(1) Direct and administer the DoD
FOIA Program to ensure compliance
with policies and procedures that
govern the administration of the
program.
(2) Internally administer the FOIA
Program, inclusive of training, for the
2 Copies may be obtained via Internet at https://
www.dtic.mil/whs/directives/corres/pub1.html.
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OSD, the Chairman of the Joint Chiefs
of Staff and, as an exception to DoD
Directive 5100.3,3 the Commanders of
the Combatant Commands.
(c) The General Counsel of the
Department of Defense shall provide
uniformity in the legal interpretation of
this Part. The General Counsel shall also
ensure that affected legal advisors,
public affairs officers, and legislative
affairs officers are aware of releases
through litigation channels which may
be of significant public, media, or
Congressional interest, or of interest to
senior DoD officials.
(d) The Heads of the DoD Components
shall:
(1) Internally administer the FOIA
Program and publish any instructions
that are not prescribed by this Part or by
other issuances of the DA&M which
have a major impact on the public. The
information specified in Section
552(a)(1) of 5 U.S.C. 552 shall be
published in accordance with
Administrative Instruction 102.4
(2) Ensure that respective chains of
command, affected legal advisors,
public affairs officers and legislative
affairs officers are aware of releases
through the FOIA, inclusive of releases
through litigation channels, which may
be of significant public, media, or
Congressional interest, or of interest to
senior DoD officials.
(3) Conduct training on the provisions
of this part, 5 U.S.C. 552, and DoD
5400.7–R for officials and employees
who implement the FOIA.
(4) Submit the Annual Report
prescribed in Chapter 7 of DoD 5400.7–
R.
(5) Make available for public
inspection and copying in an
appropriate facility or facilities, in
accordance with rules published in the
Federal Register, the records specified
in 5 U.S.C. 552(a)(2), unless such
records are published and copies are
offered for sale. These records shall be
made available to the public in hard
copy, by computer telecommunications,
or other electronic means.
(6) Maintain and make available for
public inspection and copying current
indices of all (a)(2) records as required
by 5 U.S.C. 552(a)(2)
§ 285.5
Information requirements.
The reporting requirements in
Chapter 7 of DoD 5400.7–R have been
assigned Report Control Symbol DD–
DA&M(A)1365.
3 See
4 See
E:\FR\FM\13JYP1.SGM
footnote 2 to § 285.3(e).
footnote 2 to § 285.3(e).
13JYP1
Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Proposed Rules
Dated: July 7, 2005.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 05–13742 Filed 7–12–05; 8:45 am]
BILLING CODE 5001–06–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 155
[OPP–2004–0404; FRL–7718–4]
RIN 2070–AD29
Pesticides; Procedural Regulations for
Registration Review
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The Food Quality Protection
Act (FQPA) of 1996 amended the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) to require
periodic review of pesticide
registrations to ensure that over time
they continue to meet statutory
standards for registration. FIFRA section
3(g) specifies that EPA establish
procedural regulations for conducting
registration review and the goal of the
regulations shall be Agency review of
pesticide registrations on a 15–year
cycle. This proposal describes the
Agency’s proposed approach to the
registration review program. The
proposed regulation is intended to
ensure continued review of pesticides
using procedures that provide for public
participation and transparency in an
efficient manner.
DATES: Comments must be received on
or before October 11, 2005.
ADDRESSES: Submit your comments,
identified by docket ID number OPP–
2004–0404, by one of the following
methods:
• Federal eRulemaking Portal:https://
www.regulations.gov/. Follow the online instructions for submitting
comments.
• Agency Website:https://
www.epa.gov/edocket/. EDOCKET,
EPA’s electronic public docket and
comment system, is EPA’s preferred
method for receiving comments. Follow
the on-line instructions for submitting
comments.
• E-mail: Comments may be sent by
e-mail toopp-docket@epa.gov,
Attention: Docket ID Number OPP–
2004–0404.
• Mail: Public Information and
Records Integrity Branch (PIRIB)
(7502C), Office of Pesticide Programs
(OPP), Environmental Protection
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15:35 Jul 12, 2005
Jkt 205001
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001, Attention:
Docket ID Number OPP–2004–0404.
• Hand Delivery: Public Information
and Records Integrity Branch (PIRIB),
Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm.
119, Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA, Attention: Docket ID
Number OPP–2004–0404. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
docket ID numberOPP–2004–0404.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.epa.gov/edocket/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through EDOCKET,
regulations.gov, or e-mail. The EPA
EDOCKET and the regulations.gov
websites are ‘‘anonymous access’’
systems, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
e-mail comment directly to EPA without
going through EDOCKET or
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit
EDOCKET on-line or see the Federal
Register of May 31, 2002 (67 FR 38102)
(FRL–7181–7).
Docket: All documents in the docket
are listed in the EDOCKET index at
https://www.epa.gov/edocket/. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
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40251
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in EDOCKET or in hard
copy at the Public Information and
Records Integrity Branch (PIRIB), Rm.
119, Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA. This Docket Facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket telephone number
is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Vivian Prunier, Field and External
Affairs Division (7506C), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: 703–308–9341;
fax number:703–305–5884; e-mail
address:prunier.vivian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you hold pesticide
registrations. Pesticide users or other
persons interested in the regulation of
the sale, distribution, or use of
pesticides may also be interested in this
proposed procedural regulation. As
such, the Agency is soliciting comments
from the public in general. Potentially
affected entities may include, but are
not limited to:
• Producers of pesticide products
(NAICS code 32532)
• Producers of antifoulant paints
(NAICS code 32551)
• Producers of antimicrobial
pesticides (NAICS code 32561)
• Producers of nitrogen stablilizer
products (NAICS code 32531)
• Producers of wood preservatives
(NAICS code 32519)
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. To determine whether
you or your business may be affected by
this action, you should carefully
examine the applicability provisions in
proposed § 155.40 of the regulatory text.
If you have any questions regarding the
applicability of this action to a
particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
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13JYP1
]]>Agencies
[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Proposed Rules]
[Pages 40249-40251]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13742]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR 285
[0790-ZA05]
DoD Freedom of Information Act (FOIA) Program (DoDD 5400.7)
AGENCY: Department of Defense.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule conforms to the requirements of the
Electronic Freedom of Information Act Amendments of 1996. It promotes
public trust by making the maximum amount of information available to
the public, in both hard copy and electronic formats, on the operation
and activities of the Department of Defense, consistent with DoD
responsibility to protect national security and other DoD interests as
provided by applicable law. It also allows a requester to obtain Agency
records from the Department of Defense that are available through other
public information services without invoking the FOIA.
DATES: Comments must be received on September 12, 2005.
FOR FURTHER INFORMATION CONTACT: Mr. David W. Maier, 703-695-6428
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This proposed regulatory action is not a significant regulatory
action, as defined by Executive Order 12866.
Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))
This proposed regulatory action will not have a significant adverse
impact on a substantial number of small entities.
Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4)
This proposed regulatory action does not contain a Federal mandate
that will result in the expenditure by State, local, and tribal
governments, in aggregate, or by the private sector of $100 million or
more in any one year.
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35)
This proposed regulatory action will not impose any additional
reporting or recordkeeping requirements under the Paperwork Reduction
Act.
Federalism (Executive Order 13132)
This proposed regulatory action does not have Federalism
implications, as set forth in Executive Order 13132. It will 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.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
It has been certified that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. This rule implements the Freedom of Information Act
(5 U.S.C. 552), a statute concerning
[[Page 40250]]
the release of Federal Government records, and does not economically
impact Federal Government relations with the private sector.
Section 202, Public Law 104-4, ``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 such rulemaking will not significantly or
uniquely affect small governments.
List of Subjects in 32 CFR Part 285
Freedom of information.
Accordingly, 32 CFR part 285 is proposed to be revised to read as
follows:
PART 285--DOD FREEDOM OF INFORMATION ACT (FOIA) PROGRAM
Sec.
285.1 Purpose.
285.2 Applicability and scope.
285.3 Policy.
285.4 Responsibilities.
285.5 Information requirements.
Authority: 5 U.S.C. 552.
Sec. 285.1 Purpose.
This part:
(a) Updates policies and responsibilities for the implementation of
the DoD Freedom of Information Act (FOIA) Program under 5 U.S.C. 552.
(b) Continues to delegate authorities and responsibilities for the
effective administration of the FOIA program and authorize the
publication of DoD 5400.7-R,\1\ which is the DoD Regulation on the FOIA
Program.
---------------------------------------------------------------------------
\1\ This Regulation is codified at 32 CFR part 286.
---------------------------------------------------------------------------
Sec. 285.2 Applicability and scope.
(a) This part applies to the Office of the Secretary of Defense
(OSD), the Military Departments, the Chairman of the Joint Chiefs of
Staff, the Combatant Commands, the Inspector General of the Department
of Defense, the Defense Agencies, the DoD Field Activities, and all
other organizational entities in the Department of Defense (hereafter
referred to collectively as the ``DoD Components'').
(b) National Security Agency/Central Security Service records are
subject to this part unless the records are exempt under 50 U.S.C. 402
note of title 50. The records of the Defense Intelligence Agency, the
National Reconnaissance Office, and the National Geospatial-
Intelligence Agency are also subject to this Part unless the records
are exempt under 10 U.S.C. 424.
Sec. 285.3 Policy.
It is DoD policy to:
(a) Promote public trust by making the maximum amount of
information available to the public, in both hard copy and electronic
formats, on the operation and activities of the Department of Defense,
consistent with DoD responsibility to protect national security and
other DoD interests as provided by applicable law.
(b) Allow a requester to obtain Agency records from the Department
of Defense that are available through other public information services
without invoking the FOIA.
(c) Make available, under the procedures established by DoD 5400.7-
R, those Agency records that are requested by a member of the public
who explicitly or implicitly cites the FOIA.
(d) Answer promptly all other requests for Agency information and
records under established procedures and practices.
(e) Release Agency records to the public unless those records are
exempt from mandatory disclosure as outlined in 5 U.S.C. 552.
(e) Process requests by individuals for access to records about
themselves contained in a Privacy Act system of records under
procedures set forth in DoD 5400.11-R \2\ and guidance outlined in this
part, as amplified by DoD 5400.7-R.
---------------------------------------------------------------------------
\2\ Copies may be obtained via Internet at https://www.dtic.mil/
whs/directives/corres/pub1.html.
---------------------------------------------------------------------------
Sec. 285.4 Responsibilities.
(a) The Director, Administration and Management (DA&M) shall:
(1) Serve as the appellate authority for appeals to decisions of
respective Initial Denial Authorities within the OSD, the Chairman of
the Joint Chiefs of Staff, the Combatant Commands, select Defense
Agencies, and the DoD Field Activities. The DA&M may delegate this
responsibility to an appropriate member of the DA&M or Washington
Headquarters Services' staff.
(2) Issue a DoD FOIA regulation and other discretionary
instructions and guidance to ensure timely and reasonably uniform
implementation of the FOIA in the Department of Defense.
(b) The Director, Washington Headquarters Services, under the DA&M,
shall:
(1) Direct and administer the DoD FOIA Program to ensure compliance
with policies and procedures that govern the administration of the
program.
(2) Internally administer the FOIA Program, inclusive of training,
for the OSD, the Chairman of the Joint Chiefs of Staff and, as an
exception to DoD Directive 5100.3,\3\ the Commanders of the Combatant
Commands.
---------------------------------------------------------------------------
\3\ See footnote 2 to Sec. 285.3(e).
---------------------------------------------------------------------------
(c) The General Counsel of the Department of Defense shall provide
uniformity in the legal interpretation of this Part. The General
Counsel shall also ensure that affected legal advisors, public affairs
officers, and legislative affairs officers are aware of releases
through litigation channels which may be of significant public, media,
or Congressional interest, or of interest to senior DoD officials.
(d) The Heads of the DoD Components shall:
(1) Internally administer the FOIA Program and publish any
instructions that are not prescribed by this Part or by other issuances
of the DA&M which have a major impact on the public. The information
specified in Section 552(a)(1) of 5 U.S.C. 552 shall be published in
accordance with Administrative Instruction 102.\4\
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\4\ See footnote 2 to Sec. 285.3(e).
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(2) Ensure that respective chains of command, affected legal
advisors, public affairs officers and legislative affairs officers are
aware of releases through the FOIA, inclusive of releases through
litigation channels, which may be of significant public, media, or
Congressional interest, or of interest to senior DoD officials.
(3) Conduct training on the provisions of this part, 5 U.S.C. 552,
and DoD 5400.7-R for officials and employees who implement the FOIA.
(4) Submit the Annual Report prescribed in Chapter 7 of DoD 5400.7-
R.
(5) Make available for public inspection and copying in an
appropriate facility or facilities, in accordance with rules published
in the Federal Register, the records specified in 5 U.S.C. 552(a)(2),
unless such records are published and copies are offered for sale.
These records shall be made available to the public in hard copy, by
computer telecommunications, or other electronic means.
(6) Maintain and make available for public inspection and copying
current indices of all (a)(2) records as required by 5 U.S.C. 552(a)(2)
Sec. 285.5 Information requirements.
The reporting requirements in Chapter 7 of DoD 5400.7-R have been
assigned Report Control Symbol DD-DA&M(A)1365.
[[Page 40251]]
Dated: July 7, 2005.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 05-13742 Filed 7-12-05; 8:45 am]
BILLING CODE 5001-06-P
