Defense Logistics Agency Freedom of Information Act Program, 62469-62473 [2012-24425]

Download as PDF Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Proposed Rules Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies the route structure as required to preserve the safe and efficient flow of air traffic within the National Airspace System. effective September 15, 2012, is amended as follows: * * * * * Paragraph 6010—Domestic VOR Federal Airways V–537 [Amended] From Palm Beach, FL; INT Palm Beach 356° and Treasure, FL, 143° radials; Treasure; INT Treasure 318° and Orlando. FL, 140° radials; INT Orlando 140° and Melbourne, FL 298° radials; INT Melbourne 298° and Ocala, FL 145° radials; Ocala; Gators, FL; Greenville, FL; INT Greenville 001°(T)/360°(M) and Macon, GA, 185°(T)/184°(M) radials to Macon. Issued in Washington, DC, on October 4, 2012. Gary A. Norek, Manager, Airspace Policy and ATC Procedures Group. [FR Doc. 2012–25165 Filed 10–12–12; 8:45 am] BILLING CODE 4910–13–P Office of the Secretary 32 CFR Part 300 Defense Logistics Agency [Docket ID: DOD–2012–OS–0019] In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: erowe on DSK2VPTVN1PROD with Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9W, Airspace Designations and Reporting Points, Dated August 8, 2012 and VerDate Mar<15>2010 15:20 Oct 12, 2012 Jkt 229001 Ms. Deborah Teer, (703) 767–5247 or Deborah.teer@dla.mil. This rule supplements 32 CFR part 286 to accommodate specific requirements of the DLA FOIA Program. SUPPLEMENTARY INFORMATION: Executive Summary II. Summary of the Major Provisions of This Regulatory Action 32 CFR Part 1285 This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures’’ prior to any FAA final regulatory action. The Proposed Amendment FOR FURTHER INFORMATION CONTACT: a. This rule assigns responsibilities and establishes policies and procedures for a uniform DLA Freedom of Information Act program pursuant to the provisions of the Freedom of Information Act. b. Authority: 5 U.S.C. 552. DEPARTMENT OF DEFENSE RIN 0790–AI87 Airspace, Incorporation by reference, Navigation (air). Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at https://www.regulations.gov as they are received without change, including any personal identifiers or contact information. I. Purpose of This Regulatory Action Environmental Review List of Subjects in 14 CFR Part 71 62469 Defense Logistics Agency Freedom of Information Act Program Defense Logistics Agency, DoD. Proposed rule. AGENCY: ACTION: This rule implements changes to conform to the requirements of the Electronic Freedom of Information Act Amendments of 1996, Public Law 104– 231, and the OPEN Government Act of 2007, Public Law 110–175. III. Costs and Benefits of this Regulatory Action The Defense Logistics Agency (DLA) proposes to revise and update its existing rule concerning the DLA Freedom of Information Act (FOIA) Program. This rule implements changes to conform to the requirements of the Electronic Freedom of Information Act Amendments of 1996, Public Law 104– 231, and the OPEN Government Act of 2007, Public Law 110–175. In addition, part 1285 will be redesignated as part 300. This regulatory action imposes no monetary costs to the Agency or public. The benefit to the public is the accurate reflection of the Agency’s FOIA Program to ensure that policies and procedures are known to the public. Submit comments on or before December 14, 2012. ADDRESSES: You may submit comments, identified by docket number and/or RIN number and title, by any of the following methods: • Federal Rulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Federal Docket management System Office, 4800 Mark Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350–3100. It has been certified that 32 CFR part 300 does 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 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, SUMMARY: DATES: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 Regulatory Procedures Executive Order 12866, ‘‘Regulatory Planning and Review’’ and Executive Order 13563, ‘‘Improving Regulation and Regulatory Review’’ E:\FR\FM\15OCP1.SGM 15OCP1 62470 Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Proposed Rules 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 President’s priorities, or the principles set forth in these Executive orders. Public Law 96–354, ‘‘Regulatory Flexibility Act’’ (5 U.S.C. Chapter 6) It has been determined that 32 CFR part 300 is not subject to the Regulatory Flexibility Act because it would not, if promulgated, have significant economic impact on a substantial number of small entities. Public Law 96–511, Paperwork Reduction Act (44 U.S.C. Chapter 35) Public Law 104–4, Unfunded Mandates Reform Act of 1995 It has been certified that 32 CFR part 300 does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995. Executive Order 13132, Federalism It has been certified that 32 CFR part 300 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, as specified in Executive Order 13132. Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks 32 CFR part 300 is not subject to Executive Order 13045. For the reasons stated in the preamble, DLA proposes to redesignate 32 CFR part 1285 as part 300 and revise it to read as follows: TITLE 32—NATIONAL DEFENSE CHAPTER XII—DEFENSE LOGISTICS AGENCY erowe on DSK2VPTVN1PROD with PART 300 DEFENSE LOGISTICS AGENCY FREEDOM OF INFORMATION ACT PROGRAM— 19:53 Oct 12, 2012 Jkt 229001 Subpart D—Fees and Fee Waivers Sec. 300.11 General Appendix A to Part 300—Access to DLA Records Subpart A—General Provisions § 300.1 Purpose. This part provides policies and procedures for the Defense Logistics Agency (DLA) implementation of the Freedom of Information Act (FOIA) (5 U.S.C. 552). This part supplements and implements the Department of Defense (DOD) FOIA Program Regulation (Refer to 32 CFR part 286 (https:// www.gpoaccess.gov/cfr/) and the DOD FOIA Program (https:// www.dod.mil/pubs/foi/dfoipo/). This part applies to DLA Components and takes precedence over all DLA regulations that supplement the FOIA program. § 300.2 DLA FOIA regulatory precedence. This part is published in accordance with the authority contained in 5 U.S.C. 552 and 32 CFR parts 285 and 286. It supplements 32 CFR part 286 to accommodate specific requirements of the DLA FOIA Program. For all FOIA issues not covered by this part, the rules set forth in 32 CFR part 286 will govern. § 300.3 List of Subjects in 32 CFR Parts 300 and 1285 Freedom of Information Act. VerDate Mar<15>2010 Subpart C—FOIA Request Processing Sec. 300.6 General 300.7 FOIA request processing procedures 300.8 Initial determinations 300.9 Appeals 300.10 Judicial actions Authority: 5 U.S.C. 552. It has been determined that 32 CFR part 300 does not impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. Subpart A—General Provisions Sec. 300.1 Purpose 300.2 DLA FOIA regulatory precedence 300.3 Definitions 300.4 Policy Subpart B—Exemptions Sec. 300.5 General Definitions. The following terms and meanings apply for the purposes of this part: (a) Administrative Appeal. A written request by a member of the public, made under the FOIA, to DLA’s Appellate Authority requesting reversal of an adverse determination. (b) Adverse Determination. Adverse determinations may include decisions that: Withhold all or part of a requested record; deny a fee category claim by a requester; deny a request for waiver or reduction of fees; deny requesters challenge of fee estimates; denies a request for expedited processing; state that no records were located; or what the requester believes is adverse in nature. (c) Appellate Authority. The General Counsel, DLA, who upon receipt of an administrative appeal, reviews an initial PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 determination and may uphold, reverse or amend any adverse determination. (d) Consultation. The process whereby a document is sent to another DLA or DOD Component or Federal agency to obtain recommendations on the releasability of the document and is returned to the originator for further action. (e) Defense Freedom of Information Program Office (DFOIPO). The office responsible for the formulation and implementation of DOD policy guidance for FOIA. For information about DFOIPO refer to https://www.dod.mil/ pubs/foi/dfoipo/. (f) Direct Costs. Expenditures made in searching for, reviewing, and duplicating documents in response to a FOIA request. Direct costs include, for example, the salary of the employee performing the work (the basic rate of pay plus 16 percent of that rate to cover benefits) and the costs of operating duplicating machinery. Not included in direct costs are overhead expenses such as the cost of space, heating, or lighting the facility in which the records are stored. (1) Search. This term includes all time spent looking, both manually and electronically, for records that are responsive to a FOIA request, such as: (1) Searching for responsive emails or electronic documents located on individually-assigned computers or servers; (2) time taken by a programmer to create a program to run a requested report from a database; or (3) searching through hardcopy files to include records stored at a Federal Records Center. The term ‘‘search’’ also includes a page-by-page and line-by-line identification of a record to determine if it, or portions, are responsive to the request. (2) Duplication. The process of making a copy of a document in response to a FOIA request. Copies can take the form of paper, microfiche, audiovisual or machine-readable documentation (e.g., magnetic tape or compact disc), among others. Personnel time spent performing tasks to enable a computer system to output information in a particular digital form or format for a requester is considered search time, as calculated in the DoD FOIA Program Manual (DoD 5400–07–M). (3) Review. The examination of documents located in response to a FOIA request to determine withholding. Review also includes the time taken to redact documents, preparing them for release. Review does not include the time spent resolving general legal or policy issues regarding the application of exemptions. E:\FR\FM\15OCP1.SGM 15OCP1 erowe on DSK2VPTVN1PROD with Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Proposed Rules (g) DLA Component. DLA Components consist of Headquarters Organizations, Primary Level Field Activities, Defense Business Services, Regional Commands, and other Organizational entities. A description of DLA Components can be found at www.dla.mil. (h) Electronic Records. Records (including email) created, stored, and retrieved by electronic means. (i) Federal Agency. This term is defined at 5 U.S.C. 551(1) and 5 U.S.C. 552(f)(1). (j) FOIA Officer. DLA employee who is responsible for processing FOIA requests and is a point of contact for the FOIA program. The FOIA Officer grants or denies requests for fee waivers or expedited processing and makes requester category determinations. (k) FOIA Public Liaison. The member of the DLA Headquarters FOIA staff to whom a FOIA requester can raise concerns about the service the requester received from a DLA FOIA Requester Service Center. (l) FOIA Request. A written request for DLA records that reasonably describes the record(s) sought; indicates a willingness to pay processing fees, asks for their statutory entitlement (if applicable), or requests a fee waiver; includes a postal mailing address, and contact information. A FOIA request meeting these conditions, arriving at the DLA FOIA Requester Service Center in possession of the requested records, is considered perfected or properly received at which time the statutory time limit for response begins. Written requests may be received by postal service or other commercial delivery means, by facsimile, or electronically. (m) DLA FOIA Requester Service Center. The DLA Office authorized to receive and process FOIA requests and where a FOIA requester can gain information concerning the DLA FOIA Program, the status of the person’s FOIA request, or information about the agency’s FOIA response. Refer to Appendix A of this part for locations of FOIA Requester Service Centers or for additional information refer to DLA’s public web site at www.dla.mil/FOIAPrivacy. (n) Initial Denial Authority (IDA). By this regulation, the Director, DLA, delegates to Heads of DLA Components the authority to withhold information requested under the FOIA pursuant to one or more of the nine FOIA exemptions and to confirm that no records were located in response to a request. The designation of IDA may be further delegated by the Heads of DLA Components to their Deputies. IDA’s may also deny a fee category claim by VerDate Mar<15>2010 15:20 Oct 12, 2012 Jkt 229001 a requester, deny a request for expedited processing, deny a request for a waiver or reduction of fees, or review a fee estimate, although these determinations are usually made by the FOIA Officer. (o) Referral. The process of transferring records found in response to a FOIA request to another DLA or DOD Component, or any Federal agency for review and direct response to the requester. This process is used when documents located during a search are found to have originated with another DLA or DOD Component, or Federal agency. § 300.4 Policy. DLA adopts and supplements the DOD FOIA Program policy and procedures codified at 32 CFR part 286, Subpart A, General Provisions and Subpart B, FOIA Reading Rooms and 32 CFR part 285. (a) General. The public has a right to information concerning the activities of its Government. DLA policy is to conduct its activities in an open manner and to provide the public maximum accurate and timely information concerning DLA activities, balanced with the need for security, public and private interests of the American people, and adherence to other requirements of law and regulation. A DLA record, requested by a member of the public who follows the DLA established procedures, shall not be withheld, in whole or in part, unless the record is exempt from mandatory, partial or total disclosure under the FOIA. As a matter of policy, DLA shall make discretionary disclosures of exempt records or information whenever disclosure would not foreseeably harm an interest protected by a FOIA exemption, but this policy does not create any right enforceable in court. Records requested through public affairs channels by news media representatives, that would not be withheld if requested under the FOIA, should be released promptly upon request. Similarly, requests from other members of the public for information that would not be withheld under the FOIA should continue to be provided through appropriate means without requiring the requester to invoke the FOIA. (b) Customer Service. Executive Order 13392, Improving Agency disclosure of Information, December 14, 2005, requires agencies to emphasize a new citizen-centered approach to the FOIA that is results-oriented. Because FOIA requesters are seeking a service from the Federal Government, all DLA Components shall respond courteously and professionally to FOIA requesters. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 62471 Additionally, the Components shall provide the public with information about agency records that are already publicly available, as well as information about the status of a person’s FOIA request and an estimated date on which the DLA Component will complete the request. Refer to Appendix A for DLA FOIA Requester Service Center contact information. (1) To meet the requirements of Executive Order 13392, each FOIA Requester Service Center shall have an internet Web site that serves to educate the public on the FOIA process. At a minimum, each Web site shall have the address, telephone number, facsimile number, and electronic mail address to which FOIA requests can be sent; a link to DOD’s FOIA handbook; the name and contact information of the DLA FOIA Officer and Public Liaison; and information on how a requester can obtain the status of a request. Additionally, each FOIA Requester Service Center Web site will have links to the DLA Headquarters FOIA/Privacy Web site reading room. (c) Creating a Record. (1) A record must exist and be in the possession and control of DLA at the time the search begins to be considered subject to this part and the FOIA. (2) With regards to electronic data, the issue of whether records are actually created or merely retrieved from an existing database is not always readily apparent. Consequently, when processing FOIA requests for electronic data, if the DLA Component has the capability to respond to the request, and the effort is reasonable and would be a business as usual approach, then the request should be processed. FOIA requests for electronic data will not be processed when: (i) Processing a request would cause a significant interference with the operation of the DLA Component’s automated system, require a significant amount of programming effort or require extensive complex programming to merge files of disparate data formats. (ii) Creating computer programs and/ or purchasing additional hardware (i.e., to extract electronic mail that has been archived) is needed. (d) Consultations and Referrals. The rules published in part 32 CFR part 286, Subpart A, 286.4(i) and 286.22(e), Policy, apply to this rule (see www.access.gpo.gov/nara/cfr/cfr-tablesearch.html#page1). (e) Forms. This part authorizes the use of forms developed by DoD and DLA for the express use of the FOIA Program. Refer to www.dla.mil for a list of all forms prescribed by this part. E:\FR\FM\15OCP1.SGM 15OCP1 62472 Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Proposed Rules Subpart B—Exemptions § 300.5 General. Refer to the DOD FOIA Program regulations codified at 32 CFR part 286, Subpart C, Exemptions. Subpart C—FOIA Request Processing § 300.6 General. DLA adopts and supplements the DOD FOIA Program regulations codified at 32 CFR part 286, Subpart E, Release and Processing Procedures. (a) Requests from the public. (1) Individuals seeking DLA information should address their FOIA requests to one of the FOIA Requester Service Center addresses listed in Appendix A. (2) When personally identifying information in a record is requested by the subject of the record or the subject’s representative, and the information is contained within a Privacy Act system of records, the request will be processed under both the FOIA and the Privacy Act. DLA Components must comply with the provisions of DOD 5400.11–R, C3.1.3 to confirm the identity of the requester (https://www.privacy.defense. gov/files/540011r.pdf). erowe on DSK2VPTVN1PROD with § 300.7 FOIA request processing procedures. (a) Receipt and Control. Requests received after 5:00 p.m. EST will be considered received the following business day. Upon receipt of a request for records, the FOIA Officer must: (1) Open a file in the DLA specified control system designed to ensure accountability and compliance with the FOIA. The control system will include the data elements needed to compile the statistics required in the annual Department of Justice FOIA report or other reports required by another authority. Each request shall automatically be assigned a unique tracking number. (2) Screen the request for defects in the description, the requester category, the fee declaration, and full postal address. If the request is not perfected, the request is placed on hold and the FOIA Officer will notify requesters of any such defects and provide assistance to help remedy the defects. When a DLA FOIA Requester Service Center receives a request for records that clearly belong to an agency outside of DOD, the requester shall be told these are not agency records and, if possible, provide the name of the agency that may hold the records. No referral of the request is made outside of DOD. (3) Once a request is perfected, DLA may make one request for additional information unrelated to fees and toll VerDate Mar<15>2010 15:20 Oct 12, 2012 Jkt 229001 the 20 working-day period while awaiting the information. Tolling the 20 working-day period is not limited for fee related issues. (4) DLA uses the date-of-search cut-off to ensure that as many records as possible will be captured by the agency’s search. A FOIA request may not be on-going or open-ended in nature. DLA Components are responsible for providing records in possession and control of DLA at the time the search for records begins. DLA Components are not required to expend DLA funds to establish data links that provide real-time or near-real-time data to a FOIA requester. (b) Multi-track processing. DLA components shall process requests according to their order of receipt. A DLA component uses three processing tracks by distinguishing between simple, complex, and expedited requests based on the need to search from multiple directorates/locations; the need to search for and review a voluminous amount of records; and/or the need to consult with other DLA or DoD Components. Requesters are notified in the acknowledgement letter of the track the request is placed in. Requests placed in the simple track can reasonably expect that their request will be completed within the statutory time limit for responding to requests. Requesters placed in the complex track may be given an opportunity to narrow or modify the scope of their request in order to qualify for faster processing within the specified limits of DLA’s simple track. Expedited processing must be requested and a requester who seeks expedited processing must submit a statement, certified to be true and correct to the best of that person’s knowledge and belief, explaining in detail the basis for requesting expedited processing. Within ten calendar days of its receipt of a request for expedited processing, the proper component shall decide whether to grant expedited processing and shall notify the requester of the decision. If a request for expedited processing is granted, the request shall be given priority and processed as soon as practicable. If a request for expedited processing is denied, any appeal of that decision shall be acted on expeditiously. Refer to the DoD FOIA Handbook for information on multi-track processing (https:// www.dod.mil/pubs/foi/dfoipo/ foiaHandbook.html#long. (c) Payments in Arrears. Where a requester has previously failed to pay a fee charged within 30 calendar days, DLA may require the requester to pay the full amount owed, plus any applicable interest, before beginning to PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 process a new or pending request from the requester (see OMB Fee Guidelines, 52 FR at 10012 (https://www.dod.gov/ pubs/foi/dfoipo/docs/ OMBGuidelines_FOIAFees.pdf)). Interest will be at the rate prescribed in 31 U.S.C. 3717, and confirmed with the servicing Financial Operations Office. (d) Misdirected requests. Misdirected requests shall be forwarded promptly to the FOIA Office of the DLA or DOD Component with the responsibility for the records requested within 10 working days. A misdirected request is a request received by one of DLA or DoD FOIA Offices but is actually seeking records maintained by another DLA or DoD Component. The receiving FOIA Office shall route the request to the proper DLA or DoD FOIA Office and the response time will commence on the date that the request is received by the proper FOIA Office, but not later than ten working days after the request is first received by any DLA or DoD FOIA Office. FOIA requests are not forwarded outside of DOD. § 300.8 Initial determinations. (a) The initial determination is whether to make a record available in response to a FOIA request. A full release may be made by an official knowledgeable of the record, with authority to determine that no harm would come from release. Adverse determinations (refer to § 300.3 (b)) must be made by the designated Initial Denial Authority (IDA). By this regulation, the Director, DLA, delegates to Heads of DLA Components (see § 300.3 (h)) the designation of IDA. The designation of IDA may be further delegated by the Heads of DLA Components to their Deputies. The IDA shall review all recommendations for withholding information and whether the criteria for withholding under one or more FOIA exemptions are met. DLA has IDAs throughout the agency; and each IDA will make the determination for records within their area of functional responsibility. If a request involves records from more than one functional area, consultation will be done with all responsible IDAs but will be signed by the IDA assigned the primary responsibility for processing the request. (b) The FOIA requires that any reasonably segregable portion of a record must be released after appropriate application of the Act’s nine exemptions. Segregation is not reasonable when it would produce an essentially meaningless set of words and phrases, or even sentences which taken separately or together have minimal or no information content. E:\FR\FM\15OCP1.SGM 15OCP1 Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Proposed Rules § 300.9 Appeals. (a) An appeal can be made as a result of an initial determination that is considered by the requester to be an adverse determination (see 300.3 (b)). (b) An appeal must be made in writing to DLA’s Appellate Authority and must be postmarked within 30 calendar days from the date of the initial determination letter. The General Counsel serves as DLA’s appellate authority. The appeal should include reasons for reconsideration and a copy of the initial determination letter. An appeal may be mailed, emailed to hqfoia@dla.mil, or faxed to 703–767–6091. Appeals are to be addressed to the General Counsel, Defense Logistics Agency, ATTN: DGA, Suite 1644, 8725 John J. Kingman Road, Fort Belvoir, Virginia 22060–6221. § 300.10 Judicial actions. DLA adopts the DOD FOIA Program regulations codified at 32 CFR part 286, Subpart E, Release and Processing Procedures. Subpart D—Fees and Fee Waivers § 300.11 General. DLA adopts the rules and rates published in 32 CFR part 286, Subpart F, Fee Schedule. In addition, DLA considers fees charged by a Federal Records Center to retrieve and re-file records a part of the direct costs charged to requesters. erowe on DSK2VPTVN1PROD with APPENDIX A TO PART 300—GAINING ACCESS TO DLA RECORDS (a) General. (1) The Defense Logistics Agency, established pursuant to authority vested in the Secretary of Defense, is an agency of DOD under the direction, authority, and control of the Assistant Secretary of Defense for Logistics and Materiel Readiness, and is subject to DOD policies, directives, and instructions. (2) DLA is comprised of several Components and each DLA Component is responsible for maintaining its own records; therefore, FOIA requests should be addressed to the FOIA Requester Service Center that has custody of the record desired. (See (c) below.) DLA FOIA Officers will assist requesters in determining the correct DLA Requester Service Center to address requests. (See paragraph (c) of this appendix and DLA’s public Web site at www.dla.mil.) (3) On the DLA public Web site is an index to assist in locating DLA records by category, organization, keyword search, or by contract prefix. The index is titled ‘‘Index of Information at DLA FOIA Service Centers’’ at www.dla.mil/FOIA-Privacy/servindex/pages/ category.aspx. (b) Requester Requirements. (1) Requesters are responsible for submitting a perfected request as defined in 300.3(m), FOIA Request. VerDate Mar<15>2010 15:20 Oct 12, 2012 Jkt 229001 (2) Addressing Requests. Address requests to the DLA FOIA Requester Service Center most likely to hold the records (see paragraph (c) of this appendix for mailing addresses of DLA FOIA Offices designated to receive FOIA requests). If the DLA FOIA Requester Service Center is undeterminable, address requests to DLA Headquarters FOIA Office for proper routing. (3) Availability of DLA Publications. Many unrestricted DLA regulations, manuals, and handbooks are available online. Visit the DLA FOIA/Privacy Web site for more information at https://www.dla.mil/foia-privacy/. (c) Locations of DLA FOIA Requester Service Centers. Refer to the FOIA/Privacy Web page at https://www.dla.mil/FOIA-Privacy/pages/ foiapocs.aspx for current points of contact at each of the DLA FOIA Requester Service Centers. Defense Logistics Agency Headquarters, ATTN: DGA, 8725 John J. Kingman Rd., Ste 1644, Fort Belvoir, VA 22060–6221— Responsible for broad functional areas, such as Office of the Director, General Counsel, Small Business Programs, DLA Office of Inspector General, Legislative Affairs, Equal Employment Opportunity Office, Installation Support, Human Resources, Logistics Operations, Information Operations, Acquisition, and Financial Operations. This FOIA Requester Service Center also processes FOIA requests for the following locations: Æ DLA Transaction Service, WrightPatterson AFB, Ohio—Editing/routing of logistics transactions, network interoperability and eBusiness services. Æ DLA Strategic Materials, Fort Belvoir, Va.—Manages the strategic and critical raw material stockpile that supports national defense needs. Æ DLA Europe & Africa, Kaiserslautern, Germany—Focal point for U.S. European Command’s and U.S. Africa Command’s theater of operations. Æ DLA Pacific, Camp Smith, Hawaii— Focal point for U.S. Pacific Command’s theater of operations. Æ DLA Central, MacDill AFB, Fla.—Focal point for U.S. Central Command’s theater of operations. DLA Energy, 8725 John J. Kingman Rd., Ste 3729, Fort Belvoir, VA 22060–6222—Fuel, energy support and services, and bulk petroleum. DLA Land and Maritime, ATTN: GC, 3990 E. Broad Street, Columbus, OH 43218–3990— Maritime and land weapons system supply chains. DLA Aviation, 8000 Jefferson Davis Highway, Richmond, VA 23297–5000— Aviation supply chain. DLA Troop Support, 700 Robbins Avenue, Bldg 36, Philadelphia, PA 19111–5096— Subsistence, clothing, and textiles, medical, and construction and equipment supply chains. DLA Distribution, ATTN: DDC–GC, Mission Drive, Bldg 81, New Cumberland, PA 17070–5000—Worldwide network of 25 distribution depots and nine map support offices. DLA Disposition Services and DLA Logistics Information Service, 74 Washington Avenue North, Battle Creek, MI 49017–3084. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 62473 Æ Disposition Services: Reutilization, transfer, demilitarization, and environmental disposal and reuse. Æ Logistics Information Service: Manages a wide range of logistics information and identification systems. DLA Document Services, 5450 Carlisle Pike, Bldg 9, P.O. Box 2020, Mechanicsburg, PA 17055–0788—Automated document production, printing services, digital conversion and document storage. Dated: September 24, 2012. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2012–24425 Filed 10–12–12; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–0212–0903] RIN 1625–AA00 Safety Zone, Seafair Blue Angels Air Show Performance, Seattle, WA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The U.S. Coast Guard is proposing to amend the Seafair Blue Angels Air Show Performance safety zone on the waters of Lake Washington, Seattle, WA. This action is necessary to safeguard participants and spectators from the safety hazards associated with the Seafair Blue Angels Air Show Performance, which include low flying high speed aircraft, and will do so by prohibiting entry into the safety zone unless authorized by the Captain of the Port (COTP), Puget Sound or a Designated Representative. DATES: Comments and related material must be received by the Coast Guard on or before December 14, 2012. ADDRESSES: You may submit comments identified by docket number using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUMMARY: E:\FR\FM\15OCP1.SGM 15OCP1

Agencies

[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Proposed Rules]
[Pages 62469-62473]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24425]


=======================================================================
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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 300

Defense Logistics Agency

32 CFR Part 1285

RIN 0790-AI87
[Docket ID: DOD-2012-OS-0019]


Defense Logistics Agency Freedom of Information Act Program

AGENCY: Defense Logistics Agency, DoD.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Defense Logistics Agency (DLA) proposes to revise and 
update its existing rule concerning the DLA Freedom of Information Act 
(FOIA) Program. This rule implements changes to conform to the 
requirements of the Electronic Freedom of Information Act Amendments of 
1996, Public Law 104-231, and the OPEN Government Act of 2007, Public 
Law 110-175. In addition, part 1285 will be redesignated as part 300.

DATES: Submit comments on or before December 14, 2012.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket management System Office, 4800 Mark 
Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at https://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Teer, (703) 767-5247 or 
Deborah.teer@dla.mil.

SUPPLEMENTARY INFORMATION: This rule supplements 32 CFR part 286 to 
accommodate specific requirements of the DLA FOIA Program.

Executive Summary

I. Purpose of This Regulatory Action

    a. This rule assigns responsibilities and establishes policies and 
procedures for a uniform DLA Freedom of Information Act program 
pursuant to the provisions of the Freedom of Information Act.
    b. Authority: 5 U.S.C. 552.

II. Summary of the Major Provisions of This Regulatory Action

    This rule implements changes to conform to the requirements of the 
Electronic Freedom of Information Act Amendments of 1996, Public Law 
104-231, and the OPEN Government Act of 2007, Public Law 110-175.

III. Costs and Benefits of this Regulatory Action

    This regulatory action imposes no monetary costs to the Agency or 
public. The benefit to the public is the accurate reflection of the 
Agency's FOIA Program to ensure that policies and procedures are known 
to the public.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    It has been certified that 32 CFR part 300 does 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 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,

[[Page 62470]]

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 President's priorities, or the principles 
set forth in these Executive orders.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)

    It has been determined that 32 CFR part 300 is not subject to the 
Regulatory Flexibility Act because it would not, if promulgated, have 
significant economic impact on a substantial number of small entities.

Public Law 96-511, Paperwork Reduction Act (44 U.S.C. Chapter 35)

    It has been determined that 32 CFR part 300 does not impose 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act of 1995.

Public Law 104-4, Unfunded Mandates Reform Act of 1995

    It has been certified that 32 CFR part 300 does not contain any 
unfunded mandate or significantly or uniquely affect small governments, 
as described in the Unfunded Mandates Reform Act of 1995.

Executive Order 13132, Federalism

    It has been certified that 32 CFR part 300 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, as 
specified in Executive Order 13132.

Executive Order 13045, Protection of Children from Environmental Health 
Risks and Safety Risks

    32 CFR part 300 is not subject to Executive Order 13045.

List of Subjects in 32 CFR Parts 300 and 1285 Freedom of 
Information Act.

    For the reasons stated in the preamble, DLA proposes to redesignate 
32 CFR part 1285 as part 300 and revise it to read as follows:

TITLE 32--NATIONAL DEFENSE CHAPTER XII--DEFENSE LOGISTICS AGENCY

PART 300 DEFENSE LOGISTICS AGENCY FREEDOM OF INFORMATION ACT 
PROGRAM--

Subpart A--General Provisions
Sec.
300.1 Purpose
300.2 DLA FOIA regulatory precedence
300.3 Definitions
300.4 Policy
Subpart B--Exemptions
Sec.
300.5 General
Subpart C--FOIA Request Processing
Sec.
300.6 General
300.7 FOIA request processing procedures
300.8 Initial determinations
300.9 Appeals
300.10 Judicial actions
Subpart D--Fees and Fee Waivers
Sec.
300.11 General

    Appendix A to Part 300--Access to DLA Records

    Authority:  5 U.S.C. 552.

Subpart A--General Provisions


Sec.  300.1  Purpose.

    This part provides policies and procedures for the Defense 
Logistics Agency (DLA) implementation of the Freedom of Information Act 
(FOIA) (5 U.S.C. 552). This part supplements and implements the 
Department of Defense (DOD) FOIA Program Regulation (Refer to 32 CFR 
part 286 (https://www.gpoaccess.gov/cfr/) and the DOD FOIA 
Program (https://www.dod.mil/pubs/foi/dfoipo/). This part applies to DLA 
Components and takes precedence over all DLA regulations that 
supplement the FOIA program.


Sec.  300.2  DLA FOIA regulatory precedence.

    This part is published in accordance with the authority contained 
in 5 U.S.C. 552 and 32 CFR parts 285 and 286. It supplements 32 CFR 
part 286 to accommodate specific requirements of the DLA FOIA Program. 
For all FOIA issues not covered by this part, the rules set forth in 32 
CFR part 286 will govern.


Sec.  300.3  Definitions.

    The following terms and meanings apply for the purposes of this 
part:
    (a) Administrative Appeal. A written request by a member of the 
public, made under the FOIA, to DLA's Appellate Authority requesting 
reversal of an adverse determination.
    (b) Adverse Determination. Adverse determinations may include 
decisions that: Withhold all or part of a requested record; deny a fee 
category claim by a requester; deny a request for waiver or reduction 
of fees; deny requesters challenge of fee estimates; denies a request 
for expedited processing; state that no records were located; or what 
the requester believes is adverse in nature.
    (c) Appellate Authority. The General Counsel, DLA, who upon receipt 
of an administrative appeal, reviews an initial determination and may 
uphold, reverse or amend any adverse determination.
    (d) Consultation. The process whereby a document is sent to another 
DLA or DOD Component or Federal agency to obtain recommendations on the 
releasability of the document and is returned to the originator for 
further action.
    (e) Defense Freedom of Information Program Office (DFOIPO). The 
office responsible for the formulation and implementation of DOD policy 
guidance for FOIA. For information about DFOIPO refer to https://www.dod.mil/pubs/foi/dfoipo/.
    (f) Direct Costs. Expenditures made in searching for, reviewing, 
and duplicating documents in response to a FOIA request. Direct costs 
include, for example, the salary of the employee performing the work 
(the basic rate of pay plus 16 percent of that rate to cover benefits) 
and the costs of operating duplicating machinery. Not included in 
direct costs are overhead expenses such as the cost of space, heating, 
or lighting the facility in which the records are stored.
    (1) Search. This term includes all time spent looking, both 
manually and electronically, for records that are responsive to a FOIA 
request, such as: (1) Searching for responsive emails or electronic 
documents located on individually-assigned computers or servers; (2) 
time taken by a programmer to create a program to run a requested 
report from a database; or (3) searching through hardcopy files to 
include records stored at a Federal Records Center. The term ``search'' 
also includes a page-by-page and line-by-line identification of a 
record to determine if it, or portions, are responsive to the request.
    (2) Duplication. The process of making a copy of a document in 
response to a FOIA request. Copies can take the form of paper, 
microfiche, audiovisual or machine-readable documentation (e.g., 
magnetic tape or compact disc), among others. Personnel time spent 
performing tasks to enable a computer system to output information in a 
particular digital form or format for a requester is considered search 
time, as calculated in the DoD FOIA Program Manual (DoD 5400-07-M).
    (3) Review. The examination of documents located in response to a 
FOIA request to determine withholding. Review also includes the time 
taken to redact documents, preparing them for release. Review does not 
include the time spent resolving general legal or policy issues 
regarding the application of exemptions.

[[Page 62471]]

    (g) DLA Component. DLA Components consist of Headquarters 
Organizations, Primary Level Field Activities, Defense Business 
Services, Regional Commands, and other Organizational entities. A 
description of DLA Components can be found at www.dla.mil.
    (h) Electronic Records. Records (including email) created, stored, 
and retrieved by electronic means.
    (i) Federal Agency. This term is defined at 5 U.S.C. 551(1) and 5 
U.S.C. 552(f)(1).
    (j) FOIA Officer. DLA employee who is responsible for processing 
FOIA requests and is a point of contact for the FOIA program. The FOIA 
Officer grants or denies requests for fee waivers or expedited 
processing and makes requester category determinations.
    (k) FOIA Public Liaison. The member of the DLA Headquarters FOIA 
staff to whom a FOIA requester can raise concerns about the service the 
requester received from a DLA FOIA Requester Service Center.
    (l) FOIA Request. A written request for DLA records that reasonably 
describes the record(s) sought; indicates a willingness to pay 
processing fees, asks for their statutory entitlement (if applicable), 
or requests a fee waiver; includes a postal mailing address, and 
contact information. A FOIA request meeting these conditions, arriving 
at the DLA FOIA Requester Service Center in possession of the requested 
records, is considered perfected or properly received at which time the 
statutory time limit for response begins. Written requests may be 
received by postal service or other commercial delivery means, by 
facsimile, or electronically.
    (m) DLA FOIA Requester Service Center. The DLA Office authorized to 
receive and process FOIA requests and where a FOIA requester can gain 
information concerning the DLA FOIA Program, the status of the person's 
FOIA request, or information about the agency's FOIA response. Refer to 
Appendix A of this part for locations of FOIA Requester Service Centers 
or for additional information refer to DLA's public web site at 
www.dla.mil/FOIA-Privacy.
    (n) Initial Denial Authority (IDA). By this regulation, the 
Director, DLA, delegates to Heads of DLA Components the authority to 
withhold information requested under the FOIA pursuant to one or more 
of the nine FOIA exemptions and to confirm that no records were located 
in response to a request. The designation of IDA may be further 
delegated by the Heads of DLA Components to their Deputies. IDA's may 
also deny a fee category claim by a requester, deny a request for 
expedited processing, deny a request for a waiver or reduction of fees, 
or review a fee estimate, although these determinations are usually 
made by the FOIA Officer.
    (o) Referral. The process of transferring records found in response 
to a FOIA request to another DLA or DOD Component, or any Federal 
agency for review and direct response to the requester. This process is 
used when documents located during a search are found to have 
originated with another DLA or DOD Component, or Federal agency.


Sec.  300.4  Policy.

    DLA adopts and supplements the DOD FOIA Program policy and 
procedures codified at 32 CFR part 286, Subpart A, General Provisions 
and Subpart B, FOIA Reading Rooms and 32 CFR part 285.
    (a) General. The public has a right to information concerning the 
activities of its Government. DLA policy is to conduct its activities 
in an open manner and to provide the public maximum accurate and timely 
information concerning DLA activities, balanced with the need for 
security, public and private interests of the American people, and 
adherence to other requirements of law and regulation. A DLA record, 
requested by a member of the public who follows the DLA established 
procedures, shall not be withheld, in whole or in part, unless the 
record is exempt from mandatory, partial or total disclosure under the 
FOIA. As a matter of policy, DLA shall make discretionary disclosures 
of exempt records or information whenever disclosure would not 
foreseeably harm an interest protected by a FOIA exemption, but this 
policy does not create any right enforceable in court. Records 
requested through public affairs channels by news media 
representatives, that would not be withheld if requested under the 
FOIA, should be released promptly upon request. Similarly, requests 
from other members of the public for information that would not be 
withheld under the FOIA should continue to be provided through 
appropriate means without requiring the requester to invoke the FOIA.
    (b) Customer Service. Executive Order 13392, Improving Agency 
disclosure of Information, December 14, 2005, requires agencies to 
emphasize a new citizen-centered approach to the FOIA that is results-
oriented. Because FOIA requesters are seeking a service from the 
Federal Government, all DLA Components shall respond courteously and 
professionally to FOIA requesters. Additionally, the Components shall 
provide the public with information about agency records that are 
already publicly available, as well as information about the status of 
a person's FOIA request and an estimated date on which the DLA 
Component will complete the request. Refer to Appendix A for DLA FOIA 
Requester Service Center contact information.
    (1) To meet the requirements of Executive Order 13392, each FOIA 
Requester Service Center shall have an internet Web site that serves to 
educate the public on the FOIA process. At a minimum, each Web site 
shall have the address, telephone number, facsimile number, and 
electronic mail address to which FOIA requests can be sent; a link to 
DOD's FOIA handbook; the name and contact information of the DLA FOIA 
Officer and Public Liaison; and information on how a requester can 
obtain the status of a request. Additionally, each FOIA Requester 
Service Center Web site will have links to the DLA Headquarters FOIA/
Privacy Web site reading room.
    (c) Creating a Record. (1) A record must exist and be in the 
possession and control of DLA at the time the search begins to be 
considered subject to this part and the FOIA.
    (2) With regards to electronic data, the issue of whether records 
are actually created or merely retrieved from an existing database is 
not always readily apparent. Consequently, when processing FOIA 
requests for electronic data, if the DLA Component has the capability 
to respond to the request, and the effort is reasonable and would be a 
business as usual approach, then the request should be processed. FOIA 
requests for electronic data will not be processed when:
    (i) Processing a request would cause a significant interference 
with the operation of the DLA Component's automated system, require a 
significant amount of programming effort or require extensive complex 
programming to merge files of disparate data formats.
    (ii) Creating computer programs and/or purchasing additional 
hardware (i.e., to extract electronic mail that has been archived) is 
needed.
    (d) Consultations and Referrals. The rules published in part 32 CFR 
part 286, Subpart A, 286.4(i) and 286.22(e), Policy, apply to this rule 
(see www.access.gpo.gov/nara/cfr/cfr-table-search.html#page1).
    (e) Forms. This part authorizes the use of forms developed by DoD 
and DLA for the express use of the FOIA Program. Refer to www.dla.mil 
for a list of all forms prescribed by this part.

[[Page 62472]]

Subpart B--Exemptions


Sec.  300.5  General.

    Refer to the DOD FOIA Program regulations codified at 32 CFR part 
286, Subpart C, Exemptions.

Subpart C--FOIA Request Processing


Sec.  300.6  General.

    DLA adopts and supplements the DOD FOIA Program regulations 
codified at 32 CFR part 286, Subpart E, Release and Processing 
Procedures.
    (a) Requests from the public. (1) Individuals seeking DLA 
information should address their FOIA requests to one of the FOIA 
Requester Service Center addresses listed in Appendix A.
    (2) When personally identifying information in a record is 
requested by the subject of the record or the subject's representative, 
and the information is contained within a Privacy Act system of 
records, the request will be processed under both the FOIA and the 
Privacy Act. DLA Components must comply with the provisions of DOD 
5400.11-R, C3.1.3 to confirm the identity of the requester (https://www.privacy.defense.gov/files/540011r.pdf).


Sec.  300.7  FOIA request processing procedures.

    (a) Receipt and Control. Requests received after 5:00 p.m. EST will 
be considered received the following business day. Upon receipt of a 
request for records, the FOIA Officer must:
    (1) Open a file in the DLA specified control system designed to 
ensure accountability and compliance with the FOIA. The control system 
will include the data elements needed to compile the statistics 
required in the annual Department of Justice FOIA report or other 
reports required by another authority. Each request shall automatically 
be assigned a unique tracking number.
    (2) Screen the request for defects in the description, the 
requester category, the fee declaration, and full postal address. If 
the request is not perfected, the request is placed on hold and the 
FOIA Officer will notify requesters of any such defects and provide 
assistance to help remedy the defects. When a DLA FOIA Requester 
Service Center receives a request for records that clearly belong to an 
agency outside of DOD, the requester shall be told these are not agency 
records and, if possible, provide the name of the agency that may hold 
the records. No referral of the request is made outside of DOD.
    (3) Once a request is perfected, DLA may make one request for 
additional information unrelated to fees and toll the 20 working-day 
period while awaiting the information. Tolling the 20 working-day 
period is not limited for fee related issues.
    (4) DLA uses the date-of-search cut-off to ensure that as many 
records as possible will be captured by the agency's search. A FOIA 
request may not be on-going or open-ended in nature. DLA Components are 
responsible for providing records in possession and control of DLA at 
the time the search for records begins. DLA Components are not required 
to expend DLA funds to establish data links that provide real-time or 
near-real-time data to a FOIA requester.
    (b) Multi-track processing. DLA components shall process requests 
according to their order of receipt. A DLA component uses three 
processing tracks by distinguishing between simple, complex, and 
expedited requests based on the need to search from multiple 
directorates/locations; the need to search for and review a voluminous 
amount of records; and/or the need to consult with other DLA or DoD 
Components. Requesters are notified in the acknowledgement letter of 
the track the request is placed in. Requests placed in the simple track 
can reasonably expect that their request will be completed within the 
statutory time limit for responding to requests. Requesters placed in 
the complex track may be given an opportunity to narrow or modify the 
scope of their request in order to qualify for faster processing within 
the specified limits of DLA's simple track. Expedited processing must 
be requested and a requester who seeks expedited processing must submit 
a statement, certified to be true and correct to the best of that 
person's knowledge and belief, explaining in detail the basis for 
requesting expedited processing. Within ten calendar days of its 
receipt of a request for expedited processing, the proper component 
shall decide whether to grant expedited processing and shall notify the 
requester of the decision. If a request for expedited processing is 
granted, the request shall be given priority and processed as soon as 
practicable. If a request for expedited processing is denied, any 
appeal of that decision shall be acted on expeditiously. Refer to the 
DoD FOIA Handbook for information on multi-track processing (https://www.dod.mil/pubs/foi/dfoipo/foiaHandbook.html#long.
    (c) Payments in Arrears. Where a requester has previously failed to 
pay a fee charged within 30 calendar days, DLA may require the 
requester to pay the full amount owed, plus any applicable interest, 
before beginning to process a new or pending request from the requester 
(see OMB Fee Guidelines, 52 FR at 10012 (https://www.dod.gov/pubs/foi/dfoipo/docs/OMBGuidelines_FOIAFees.pdf)). Interest will be at the rate 
prescribed in 31 U.S.C. 3717, and confirmed with the servicing 
Financial Operations Office.
    (d) Misdirected requests. Misdirected requests shall be forwarded 
promptly to the FOIA Office of the DLA or DOD Component with the 
responsibility for the records requested within 10 working days. A 
misdirected request is a request received by one of DLA or DoD FOIA 
Offices but is actually seeking records maintained by another DLA or 
DoD Component. The receiving FOIA Office shall route the request to the 
proper DLA or DoD FOIA Office and the response time will commence on 
the date that the request is received by the proper FOIA Office, but 
not later than ten working days after the request is first received by 
any DLA or DoD FOIA Office. FOIA requests are not forwarded outside of 
DOD.


Sec.  300.8  Initial determinations.

    (a) The initial determination is whether to make a record available 
in response to a FOIA request. A full release may be made by an 
official knowledgeable of the record, with authority to determine that 
no harm would come from release. Adverse determinations (refer to Sec.  
300.3 (b)) must be made by the designated Initial Denial Authority 
(IDA). By this regulation, the Director, DLA, delegates to Heads of DLA 
Components (see Sec.  300.3 (h)) the designation of IDA. The 
designation of IDA may be further delegated by the Heads of DLA 
Components to their Deputies. The IDA shall review all recommendations 
for withholding information and whether the criteria for withholding 
under one or more FOIA exemptions are met. DLA has IDAs throughout the 
agency; and each IDA will make the determination for records within 
their area of functional responsibility. If a request involves records 
from more than one functional area, consultation will be done with all 
responsible IDAs but will be signed by the IDA assigned the primary 
responsibility for processing the request.
    (b) The FOIA requires that any reasonably segregable portion of a 
record must be released after appropriate application of the Act's nine 
exemptions. Segregation is not reasonable when it would produce an 
essentially meaningless set of words and phrases, or even sentences 
which taken separately or together have minimal or no information 
content.

[[Page 62473]]

Sec.  300.9  Appeals.

    (a) An appeal can be made as a result of an initial determination 
that is considered by the requester to be an adverse determination (see 
300.3 (b)).
    (b) An appeal must be made in writing to DLA's Appellate Authority 
and must be postmarked within 30 calendar days from the date of the 
initial determination letter. The General Counsel serves as DLA's 
appellate authority. The appeal should include reasons for 
reconsideration and a copy of the initial determination letter. An 
appeal may be mailed, emailed to hq-foia@dla.mil, or faxed to 703-767-
6091. Appeals are to be addressed to the General Counsel, Defense 
Logistics Agency, ATTN: DGA, Suite 1644, 8725 John J. Kingman Road, 
Fort Belvoir, Virginia 22060-6221.


Sec.  300.10  Judicial actions.

    DLA adopts the DOD FOIA Program regulations codified at 32 CFR part 
286, Subpart E, Release and Processing Procedures.

Subpart D--Fees and Fee Waivers


Sec.  300.11  General.

    DLA adopts the rules and rates published in 32 CFR part 286, 
Subpart F, Fee Schedule. In addition, DLA considers fees charged by a 
Federal Records Center to retrieve and re-file records a part of the 
direct costs charged to requesters.

APPENDIX A TO PART 300--GAINING ACCESS TO DLA RECORDS

    (a) General.
    (1) The Defense Logistics Agency, established pursuant to 
authority vested in the Secretary of Defense, is an agency of DOD 
under the direction, authority, and control of the Assistant 
Secretary of Defense for Logistics and Materiel Readiness, and is 
subject to DOD policies, directives, and instructions.
    (2) DLA is comprised of several Components and each DLA 
Component is responsible for maintaining its own records; therefore, 
FOIA requests should be addressed to the FOIA Requester Service 
Center that has custody of the record desired. (See (c) below.) DLA 
FOIA Officers will assist requesters in determining the correct DLA 
Requester Service Center to address requests. (See paragraph (c) of 
this appendix and DLA's public Web site at www.dla.mil.)
    (3) On the DLA public Web site is an index to assist in locating 
DLA records by category, organization, keyword search, or by 
contract prefix. The index is titled ``Index of Information at DLA 
FOIA Service Centers'' at www.dla.mil/FOIA-Privacy/servindex/pages/category.aspx.
    (b) Requester Requirements.
    (1) Requesters are responsible for submitting a perfected 
request as defined in 300.3(m), FOIA Request.
    (2) Addressing Requests.
    Address requests to the DLA FOIA Requester Service Center most 
likely to hold the records (see paragraph (c) of this appendix for 
mailing addresses of DLA FOIA Offices designated to receive FOIA 
requests). If the DLA FOIA Requester Service Center is 
undeterminable, address requests to DLA Headquarters FOIA Office for 
proper routing.
    (3) Availability of DLA Publications.
    Many unrestricted DLA regulations, manuals, and handbooks are 
available online. Visit the DLA FOIA/Privacy Web site for more 
information at  https://www.dla.mil/foia-privacy/.
    (c) Locations of DLA FOIA Requester Service Centers.
    Refer to the FOIA/Privacy Web page at https://www.dla.mil/FOIA-Privacy/pages/foiapocs.aspx for current points of contact at each of 
the DLA FOIA Requester Service Centers.
    Defense Logistics Agency Headquarters, ATTN: DGA, 8725 John J. 
Kingman Rd., Ste 1644, Fort Belvoir, VA 22060-6221--Responsible for 
broad functional areas, such as Office of the Director, General 
Counsel, Small Business Programs, DLA Office of Inspector General, 
Legislative Affairs, Equal Employment Opportunity Office, 
Installation Support, Human Resources, Logistics Operations, 
Information Operations, Acquisition, and Financial Operations. This 
FOIA Requester Service Center also processes FOIA requests for the 
following locations:
    [cir] DLA Transaction Service, Wright-Patterson AFB, Ohio--
Editing/routing of logistics transactions, network interoperability 
and eBusiness services.
    [cir] DLA Strategic Materials, Fort Belvoir, Va.--Manages the 
strategic and critical raw material stockpile that supports national 
defense needs.
    [cir] DLA Europe & Africa, Kaiserslautern, Germany--Focal point 
for U.S. European Command's and U.S. Africa Command's theater of 
operations.
    [cir] DLA Pacific, Camp Smith, Hawaii--Focal point for U.S. 
Pacific Command's theater of operations.
    [cir] DLA Central, MacDill AFB, Fla.--Focal point for U.S. 
Central Command's theater of operations.
    DLA Energy, 8725 John J. Kingman Rd., Ste 3729, Fort Belvoir, VA 
22060-6222--Fuel, energy support and services, and bulk petroleum.
    DLA Land and Maritime, ATTN: GC, 3990 E. Broad Street, Columbus, 
OH 43218-3990--Maritime and land weapons system supply chains.
    DLA Aviation, 8000 Jefferson Davis Highway, Richmond, VA 23297-
5000--Aviation supply chain.
    DLA Troop Support, 700 Robbins Avenue, Bldg 36, Philadelphia, PA 
19111-5096--Subsistence, clothing, and textiles, medical, and 
construction and equipment supply chains.
    DLA Distribution, ATTN: DDC-GC, Mission Drive, Bldg 81, New 
Cumberland, PA 17070-5000--Worldwide network of 25 distribution 
depots and nine map support offices.
    DLA Disposition Services and DLA Logistics Information Service, 
74 Washington Avenue North, Battle Creek, MI 49017-3084.
    [cir] Disposition Services: Reutilization, transfer, 
demilitarization, and environmental disposal and reuse.
    [cir] Logistics Information Service: Manages a wide range of 
logistics information and identification systems.
    DLA Document Services, 5450 Carlisle Pike, Bldg 9, P.O. Box 
2020, Mechanicsburg, PA 17055-0788--Automated document production, 
printing services, digital conversion and document storage.

    Dated: September 24, 2012.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-24425 Filed 10-12-12; 8:45 am]
BILLING CODE 5001-06-P
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