Defense Logistics Agency Freedom of Information Act Program, 62469-62473 [2012-24425]
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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:
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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
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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:
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Regulatory Procedures
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
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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
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PART 300 DEFENSE LOGISTICS
AGENCY FREEDOM OF INFORMATION
ACT PROGRAM—
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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.
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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
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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.
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(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
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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.
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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.
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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).
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§ 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
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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
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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.
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§ 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]
=======================================================================
-----------------------------------------------------------------------
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