Mandatory Declassification Review Program, 9768-9770 [2016-04172]

Download as PDF 9768 Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Rules and Regulations (vi) ZIP Code (9 digit); (vii) Posting Cycle Week; (viii) Posting Cycle Year; and (ix) Document Code. * * * * * (e) Effective/applicability date. Paragraphs (b)(1)(xviii) through (xx) and (b)(7) of this section apply to disclosures to the Bureau of the Census made on or after July 15, 2014. For rules that apply to disclosures to the Bureau of the Census before that date, see 26 CFR 301.6103(j)(1)–1 (revised as of April 1, 2014). § 301.6103(j)(1)–1T [Removed] Regulatory Impact This rule is not a significant regulatory action for the purposes of Executive Order 12866. This rule is not a major rule as defined in 5 U.S.C. Chapter 8, Congressional Review of Agency Rulemaking. As required by the Regulatory Flexibility Act, we certify that this rule will not have a significant impact on a substantial number of small entities because it applies only to Federal agencies. Par. 3. Section 301.6103(j)(1)–1T is removed. ■ John Dalrymple, Deputy Commissioner for Services and Enforcement. Approved: January 22, 2016. Mark J. Mazur, Assistant Secretary of the Treasury. [FR Doc. 2016–04310 Filed 2–24–16; 4:15 pm] BILLING CODE 4830–01–P List of Subjects in 32 CFR Part 1704 Declassification, Information, Intelligence, National security information. ■ For the reasons set forth in the preamble, ODNI adds 32 CFR part 1704 to read as follows: OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE 32 CFR Part 1704 Mandatory Declassification Review Program Office of the Director of National Intelligence. ACTION: Direct final rule with request for comments. AGENCY: The Office of the Director of National Intelligence (ODNI) is publishing this direct final rule pursuant to Executive Order 13526, relating to classified national security information. It provides procedures for members of the public to request from ODNI a Mandatory Declassification Review (MDR) of information classified under the provisions of Executive Order 13526 or predecessor orders such that the agency may retrieve it with reasonable effort. This rule also informs requesters where to send requests for an MDR. DATES: This rule is effective April 26, 2016 without further action, unless adverse comment is received by March 28, 2016. If adverse comment is received, ODNI will publish a timely withdrawal of the rule in the Federal Register. mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: FOR FURTHER INFORMATION CONTACT: Jennifer L. Hudson, 703–874–8085. It is the policy of the ODNI to act in matters SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:33 Feb 25, 2016 Jkt 238001 relating to national security information in accordance with Executive Order 13526 and directives issued thereunder by the Information Security Oversight Office (ISOO). The purpose of this rule is to assist in implementing specific sections of Executive Order 13526 concerning the Mandatory Declassification Review (MDR). This is being issued as a direct final rule without prior notice of proposed rulemaking as allowed by the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(A) for rules of agency procedure and interpretation. PART 1704—MANDATORY DECLASSIFICATION REVIEW PROGRAM Sec. 1704.1 Authority and purpose. 1704.2 Definitions. 1704.3 Contact information. 1704.4 Suggestions or comments. 1704.5 Guidance. 1704.6 Exceptions. 1704.7 Requirements. 1704.8 Fees. 1704.9 Determination by originator or interested party. 1704.10 Appeals. Authority: 50 U.S.C. 3001; E.O. 13526, 75 FR 707, 3 CFR, 2009 Comp, p. 298. § 1704.1 Authority and purpose. (a) Authority. This part is issued under the authority of 32 CFR 2001.33; Section 3.5 of Executive Order 13526 (or successor Orders); the National Security Act of 1947, as amended (50 U.S.C. 3001 et seq.). (b) Purpose. This part prescribes procedures, subject to limitations set forth below, for requesters to request a mandatory declassification review of information classified under Executive Order 13526 or predecessor or successor orders. Section 3.5 of Executive Order PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 13526 and these regulations are not intended to and do not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, officers, employees, or agents, or any other person. § 1704.2 Definitions. For purposes of this part: Control means the authority of the agency that originates information, or its successor in function, to regulate access to the information. (32 CFR 2001.92) Day means U.S. Federal Government working day, which excludes Saturdays, Sundays, and federal holidays. Three (3) days may be added to any time limit imposed on a requester by this part if responding by U.S. domestic mail; ten (10) days may be added if responding by international mail. D/IMD means the Director of the Information Management Division and the leader of any successor organization, who serves as the ODNI’s manager of the information review and release program. Federal Agency means any Executive Agency, as defined in 5 U.S.C. 105; any Military department, as defined in 5 U.S.C. 102; and any other entity within the executive branch that comes into the possession of classified information. Information means any knowledge that can be communicated or documentary material, regardless of its physical form that is owned by, produced by or for, or under the control of the U.S. Government; it does not include information originated by the incumbent President, White House Staff, appointed committees, commissions or boards, or any entities within the Executive Office that solely advise and assist the incumbent President. Interested party means any official in the executive, military, congressional, or judicial branches of government, or U.S. Government contractor who, in the sole discretion of the ODNI, has a subject matter or other interest in the documents or information at issue. NARA means the National Archives and Records Administration. ODNI means the Office of the Director of National Intelligence. Order means Executive Order 13526, ‘‘Classified National Security Information’’ (December 29, 2009) or successor Orders. Originating element means the element that created the information at issue. Presidential libraries means the libraries or collection authorities established under the Presidential Libraries Act (44 U.S.C. 2112) and E:\FR\FM\26FER1.SGM 26FER1 Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Rules and Regulations similar institutions or authorities as may be established in the future. Referral means coordination with or transfer of action to an interested party. Requester means any person or organization submitting an MDR request. § 1704.3 Contact information. For general information on the regulation in this part or to submit a request for a Mandatory Declassification Review (MDR), please direct your communication by mail to the Office of the Director of National Intelligence, Director of the Information Management Division, Washington, DC 20511; by facsimile to (703) 874–8910; or by email to DNI-FOIA@dni.gov. For general information on the ODNI MDR program or status information on pending MDR cases, call (703) 874–8500. § 1704.4 Suggestions or comments. The ODNI welcomes suggestions for improving the administration of our MDR program in accordance with Executive Order 13526. Suggestions should identify the specific purpose and the items for consideration. The ODNI will respond to all communications and take such actions as determined feasible and appropriate. § 1704.5 Guidance. Address all communications to the point of contact as specified in § 1704.3. Clearly describe, list, or label said communication as an MDR Request. mstockstill on DSK4VPTVN1PROD with RULES § 1704.6 Exceptions. MDR requests will not be accepted from a foreign government entity or any representative thereof. MDR requests will not be accepted for documents required to be submitted for prepublication review or other administrative process pursuant to an approved nondisclosure agreement; for information that is the subject of pending litigation; nor for any document or material containing information contained within an operational file exempted from search and review, publication, and disclosure under the FOIA. If the ODNI has reviewed the requested information for declassification within the past two years, the ODNI will not conduct another review, but the D/IMD will notify the requester of this fact and the prior review decision. Requests will not be accepted from requesters who have outstanding fees for MDR or Freedom of Information Act (FOIA) requests with the ODNI or another federal agency. § 1704.7 Requirements. An MDR request shall describe the document or material containing the VerDate Sep<11>2014 17:33 Feb 25, 2016 Jkt 238001 information with sufficient specificity to enable the ODNI to locate it with a reasonable amount of effort. § 1704.8 Fees. (a) Requesters making requests directly to the ODNI shall be responsible for paying all fees under this regulation. (b) Requesters making requests directly to the ODNI shall be responsible for reproduction costs as follows: Fifty cents per photocopied page and $10.00 per CD. (c) Applicable fees will be due even if the search locates no responsive information or some or all of the responsive information must be withheld under applicable authority. (1) Computer searching. (i) Clerical/ Technical—$20.00 per hour (or fraction thereof). (ii) Professional/Supervisory—$40.00 per hour (or fraction thereof). (iii) Manager/Senior Professional— $72.00 per hour (or fraction thereof). (2) Manual searching. (i) Clerical/ Technical—$20.00 per hour (or fraction thereof). (ii) Professional/Supervisory—$40.00 per hour (or fraction thereof). (iii) Manager/Senior Professional— $72.00 per hour (or fraction thereof). (3) Document review. (i) Professional/ Supervisory—$40.00 per hour (or fraction thereof). (ii) Manager/Senior Professional— $72.00 (or fraction thereof). (iii) ODNI will not charge review fees for time spent resolving general legal or policy issues regarding the responsive information. (iv) Fees may be paid by a check or money order made payable to the Treasurer of the United States. § 1704.9 Determination by originator or interested party. (a) In general. The originating element(s) of the classified information (document) is always an interested party to any mandatory declassification review; other interested parties may become involved through a referral by the D/IMD when it is determined that some or all of the information is also within their official cognizance. (b) Required determinations: These parties shall respond in writing to the D/IMD with a finding as to the classified status of the information, including the category of protected information as set forth in section 1.4 of the Order, and if older than ten years, the basis for the extension of classification time under sections 1.5 and 3.3 of the Order. These parties shall also indicate whether withholding is otherwise authorized and warranted in accordance with sections 3.5(c) and 6.2(d) of the Order. PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 9769 (c) Time. Responses to the requester shall be provided on a first-in/first-out basis, taking into account the business requirements of the originating element(s) and other interested parties, and, in accordance with Executive Order 13526, ODNI will respond to requesters within one year of receipt of requests. (d) The IMD FOIA Branch Chief, in consultation with the D/IMD and the Classification Management Branch Chief, will ordinarily be the deciding official on initial reviews of MDR requests to the ODNI. § 1704.10 Appeals. (a) Administrative. Appeals of initial decisions must be received in writing by the D/IMD within 60 days of the date of mailing of the ODNI’s decision. The appeal must identify with specificity the documents or information to be considered on appeal and it may but need not provide a factual or legal basis for the appeal. (1) Exceptions. No appeal shall be accepted from a foreign government entity or any representative thereof. Appeals will not be accepted for documents required to be submitted for pre-publication review or other administrative process pursuant to an approved nondisclosure agreement; for information that is the subject of pending litigation; nor for any document or material containing information contained within an operational file exempted from search and review, publication, and disclosure under the FOIA. No appeals shall be accepted if the requester has outstanding fees for information services at ODNI or another federal agency. In addition, no appeal shall be accepted if the information in question has been the subject of a declassification review within the previous two years. (2) Receipt, recording, and tasking. The D/IMD will record each appeal received under this part and acknowledge receipt to the requester. (3) Appellate authority. The ODNI Chief Management Officer (CMO), after consultation with all interested parties or ODNI component organization as well as with the Office of General Counsel, will make a final determination on the appeal within 60 days. (b) Final appeal. The D/IMD will prepare and communicate the ODNI administrative appeal decision to the requester, NARA, Presidential Library and referring agency, as appropriate. Correspondence will include a notice, if applicable, that a further appeal of ODNI’s final decision may be made to the Interagency Security Classification E:\FR\FM\26FER1.SGM 26FER1 9770 Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Rules and Regulations Appeals Panel (ISCAP) established pursuant to section 5.3 of Executive Order 13526. Action by that Panel will be the subject of rules to be promulgated by the Information Security Oversight Office. Dated: February 11, 2016. Mark W. Ewing, Chief Management Officer. [FR Doc. 2016–04172 Filed 2–25–16; 8:45 am] BILLING CODE 9500–01–P–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–0123] Drawbridge Operation Regulation; Jamaica Bay and Connecting Waterways, Queens, NY Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Marine Parkway Bridge across the Jamaica Bay, mile 3.0, at Queens, New York. This deviation is necessary to allow the bridge owner to replace the auxiliary clutch shafts at the bridge. DATES: This deviation is effective from 7 a.m. on March 14, 2016 to 5 p.m. on March 25, 2016. ADDRESSES: The docket for this deviation, [USCG–2016–0123] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Judy Leung-Yee, Project Officer, First Coast Guard District, telephone (212) 514–4330, email judy.k.leung-yee@uscg.mil. SUPPLEMENTARY INFORMATION: The Marine Parkway Bridge, mile 3.0, across the Jamaica Bay, has a vertical clearance in the closed position of 55 feet at mean high water and 59 feet at mean low water. The existing bridge operating regulations are found at 33 CFR 117.795(a). The waterway is transited by commercial oil barge traffic of various sizes. The bridge owner, MTA Bridges and Tunnels, requested a temporary deviation from the normal operating mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 17:33 Feb 25, 2016 Jkt 238001 schedule to facilitate auxiliary clutch shafts replacement at the bridge. Under this temporary deviation, the Marine Parkway Bridge shall remain in the closed position from 7 a.m. on March 14, 2016 to 5 p.m. March 25, 2016. Vessels able to pass under the bridge in the closed position may do so at anytime. The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels to pass. The Coast Guard will inform the users of the waterways through our Local Notice and Broadcast to Mariners of the change in operating schedule for the bridge so that vessel operations can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: February 22, 2016. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District. [FR Doc. 2016–04125 Filed 2–25–16; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2015–0582; FRL–9942–79– Region 7] microgram per cubic meter (mg/m3) lead NAAQS. This final rule is effective on March 28, 2016. DATES: EPA has established a docket for this action under Docket ID No. EPA–R07–OAR–2015–0582. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically at www.regulations.gov and at EPA Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219. Please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. For additional information and general guidance, please visit http:// www2.epa.gov/dockets/commentingepa-dockets. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551–7719, or by email at doolan.stephanie@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. Table of Contents Approval of Iowa’s Air Quality Implementation Plans; Iowa Plan for the 2008 Lead Standard I. What is being addressed in this document? II. Have the requirements for approval of a SIP revision been met? III. EPA’s Response to Comments IV. What action is EPA taking? Environmental Protection Agency (EPA). ACTION: Final rule. I. What is being addressed in this document? AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve Iowa’s attainment demonstration State Implementation Plan (SIP) for the lead National Ambient Air Quality Standard (NAAQS) nonattainment area of Council Bluffs, Pottawattamie County, Iowa, received by EPA on February 9, 2015. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 2008. EPA believes that the SIP submitted by the state satisfies the applicable requirements of the Clean Air Act (CAA), and will bring the designated portions of Council Bluffs, Iowa into attainment of the 0.15 SUMMARY: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 In this document, EPA is granting final approval of Iowa’s attainment demonstration SIP for the lead NAAQS nonattainment area in portions of Council Bluffs, Pottawattamie County, Iowa. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 2008. EPA believes that the SIP submitted by the state satisfies the applicable requirements of the CAA identified in EPA’s Final Rule (73 FR 66964, October 15, 2008), and will bring the area into attainment of the 0.15 microgram per cubic meter (mg/m3) lead NAAQS. EPA’s proposal containing the background information for this action can be found at 80 FR 59695 (October 2, 2015). E:\FR\FM\26FER1.SGM 26FER1

Agencies

[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Rules and Regulations]
[Pages 9768-9770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04172]


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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

32 CFR Part 1704


Mandatory Declassification Review Program

AGENCY: Office of the Director of National Intelligence.

ACTION: Direct final rule with request for comments.

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

SUMMARY: The Office of the Director of National Intelligence (ODNI) is 
publishing this direct final rule pursuant to Executive Order 13526, 
relating to classified national security information. It provides 
procedures for members of the public to request from ODNI a Mandatory 
Declassification Review (MDR) of information classified under the 
provisions of Executive Order 13526 or predecessor orders such that the 
agency may retrieve it with reasonable effort. This rule also informs 
requesters where to send requests for an MDR.

DATES: This rule is effective April 26, 2016 without further action, 
unless adverse comment is received by March 28, 2016. If adverse 
comment is received, ODNI will publish a timely withdrawal of the rule 
in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Jennifer L. Hudson, 703-874-8085.

SUPPLEMENTARY INFORMATION: It is the policy of the ODNI to act in 
matters relating to national security information in accordance with 
Executive Order 13526 and directives issued thereunder by the 
Information Security Oversight Office (ISOO). The purpose of this rule 
is to assist in implementing specific sections of Executive Order 13526 
concerning the Mandatory Declassification Review (MDR). This is being 
issued as a direct final rule without prior notice of proposed 
rulemaking as allowed by the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(A) for rules of agency procedure and interpretation.

Regulatory Impact

    This rule is not a significant regulatory action for the purposes 
of Executive Order 12866. This rule is not a major rule as defined in 5 
U.S.C. Chapter 8, Congressional Review of Agency Rulemaking. As 
required by the Regulatory Flexibility Act, we certify that this rule 
will not have a significant impact on a substantial number of small 
entities because it applies only to Federal agencies.

List of Subjects in 32 CFR Part 1704

    Declassification, Information, Intelligence, National security 
information.


0
For the reasons set forth in the preamble, ODNI adds 32 CFR part 1704 
to read as follows:

PART 1704--MANDATORY DECLASSIFICATION REVIEW PROGRAM

Sec.
1704.1 Authority and purpose.
1704.2 Definitions.
1704.3 Contact information.
1704.4 Suggestions or comments.
1704.5 Guidance.
1704.6 Exceptions.
1704.7 Requirements.
1704.8 Fees.
1704.9 Determination by originator or interested party.
1704.10 Appeals.

    Authority: 50 U.S.C. 3001; E.O. 13526, 75 FR 707, 3 CFR, 2009 
Comp, p. 298.


Sec.  1704.1  Authority and purpose.

    (a) Authority. This part is issued under the authority of 32 CFR 
2001.33; Section 3.5 of Executive Order 13526 (or successor Orders); 
the National Security Act of 1947, as amended (50 U.S.C. 3001 et seq.).
    (b) Purpose. This part prescribes procedures, subject to 
limitations set forth below, for requesters to request a mandatory 
declassification review of information classified under Executive Order 
13526 or predecessor or successor orders. Section 3.5 of Executive 
Order 13526 and these regulations are not intended to and do not create 
any right or benefit, substantive or procedural, enforceable at law by 
a party against the United States, its agencies, officers, employees, 
or agents, or any other person.


Sec.  1704.2  Definitions.

    For purposes of this part:
    Control means the authority of the agency that originates 
information, or its successor in function, to regulate access to the 
information. (32 CFR 2001.92)
    Day means U.S. Federal Government working day, which excludes 
Saturdays, Sundays, and federal holidays. Three (3) days may be added 
to any time limit imposed on a requester by this part if responding by 
U.S. domestic mail; ten (10) days may be added if responding by 
international mail.
    D/IMD means the Director of the Information Management Division and 
the leader of any successor organization, who serves as the ODNI's 
manager of the information review and release program.
    Federal Agency means any Executive Agency, as defined in 5 U.S.C. 
105; any Military department, as defined in 5 U.S.C. 102; and any other 
entity within the executive branch that comes into the possession of 
classified information.
    Information means any knowledge that can be communicated or 
documentary material, regardless of its physical form that is owned by, 
produced by or for, or under the control of the U.S. Government; it 
does not include information originated by the incumbent President, 
White House Staff, appointed committees, commissions or boards, or any 
entities within the Executive Office that solely advise and assist the 
incumbent President.
    Interested party means any official in the executive, military, 
congressional, or judicial branches of government, or U.S. Government 
contractor who, in the sole discretion of the ODNI, has a subject 
matter or other interest in the documents or information at issue.
    NARA means the National Archives and Records Administration.
    ODNI means the Office of the Director of National Intelligence.
    Order means Executive Order 13526, ``Classified National Security 
Information'' (December 29, 2009) or successor Orders.
    Originating element means the element that created the information 
at issue.
    Presidential libraries means the libraries or collection 
authorities established under the Presidential Libraries Act (44 U.S.C. 
2112) and

[[Page 9769]]

similar institutions or authorities as may be established in the 
future.
    Referral means coordination with or transfer of action to an 
interested party.
    Requester means any person or organization submitting an MDR 
request.


Sec.  1704.3  Contact information.

    For general information on the regulation in this part or to submit 
a request for a Mandatory Declassification Review (MDR), please direct 
your communication by mail to the Office of the Director of National 
Intelligence, Director of the Information Management Division, 
Washington, DC 20511; by facsimile to (703) 874-8910; or by email to 
DNI-FOIA@dni.gov. For general information on the ODNI MDR program or 
status information on pending MDR cases, call (703) 874-8500.


Sec.  1704.4  Suggestions or comments.

    The ODNI welcomes suggestions for improving the administration of 
our MDR program in accordance with Executive Order 13526. Suggestions 
should identify the specific purpose and the items for consideration. 
The ODNI will respond to all communications and take such actions as 
determined feasible and appropriate.


Sec.  1704.5  Guidance.

    Address all communications to the point of contact as specified in 
Sec.  1704.3. Clearly describe, list, or label said communication as an 
MDR Request.


Sec.  1704.6  Exceptions.

    MDR requests will not be accepted from a foreign government entity 
or any representative thereof. MDR requests will not be accepted for 
documents required to be submitted for pre-publication review or other 
administrative process pursuant to an approved nondisclosure agreement; 
for information that is the subject of pending litigation; nor for any 
document or material containing information contained within an 
operational file exempted from search and review, publication, and 
disclosure under the FOIA. If the ODNI has reviewed the requested 
information for declassification within the past two years, the ODNI 
will not conduct another review, but the D/IMD will notify the 
requester of this fact and the prior review decision. Requests will not 
be accepted from requesters who have outstanding fees for MDR or 
Freedom of Information Act (FOIA) requests with the ODNI or another 
federal agency.


Sec.  1704.7  Requirements.

    An MDR request shall describe the document or material containing 
the information with sufficient specificity to enable the ODNI to 
locate it with a reasonable amount of effort.


Sec.  1704.8  Fees.

    (a) Requesters making requests directly to the ODNI shall be 
responsible for paying all fees under this regulation.
    (b) Requesters making requests directly to the ODNI shall be 
responsible for reproduction costs as follows: Fifty cents per 
photocopied page and $10.00 per CD.
    (c) Applicable fees will be due even if the search locates no 
responsive information or some or all of the responsive information 
must be withheld under applicable authority.
    (1) Computer searching. (i) Clerical/Technical--$20.00 per hour (or 
fraction thereof).
    (ii) Professional/Supervisory--$40.00 per hour (or fraction 
thereof).
    (iii) Manager/Senior Professional--$72.00 per hour (or fraction 
thereof).
    (2) Manual searching. (i) Clerical/Technical--$20.00 per hour (or 
fraction thereof).
    (ii) Professional/Supervisory--$40.00 per hour (or fraction 
thereof).
    (iii) Manager/Senior Professional--$72.00 per hour (or fraction 
thereof).
    (3) Document review. (i) Professional/Supervisory--$40.00 per hour 
(or fraction thereof).
    (ii) Manager/Senior Professional--$72.00 (or fraction thereof).
    (iii) ODNI will not charge review fees for time spent resolving 
general legal or policy issues regarding the responsive information.
    (iv) Fees may be paid by a check or money order made payable to the 
Treasurer of the United States.


Sec.  1704.9  Determination by originator or interested party.

    (a) In general. The originating element(s) of the classified 
information (document) is always an interested party to any mandatory 
declassification review; other interested parties may become involved 
through a referral by the D/IMD when it is determined that some or all 
of the information is also within their official cognizance.
    (b) Required determinations: These parties shall respond in writing 
to the D/IMD with a finding as to the classified status of the 
information, including the category of protected information as set 
forth in section 1.4 of the Order, and if older than ten years, the 
basis for the extension of classification time under sections 1.5 and 
3.3 of the Order. These parties shall also indicate whether withholding 
is otherwise authorized and warranted in accordance with sections 
3.5(c) and 6.2(d) of the Order.
    (c) Time. Responses to the requester shall be provided on a first-
in/first-out basis, taking into account the business requirements of 
the originating element(s) and other interested parties, and, in 
accordance with Executive Order 13526, ODNI will respond to requesters 
within one year of receipt of requests.
    (d) The IMD FOIA Branch Chief, in consultation with the D/IMD and 
the Classification Management Branch Chief, will ordinarily be the 
deciding official on initial reviews of MDR requests to the ODNI.


Sec.  1704.10  Appeals.

    (a) Administrative. Appeals of initial decisions must be received 
in writing by the D/IMD within 60 days of the date of mailing of the 
ODNI's decision. The appeal must identify with specificity the 
documents or information to be considered on appeal and it may but need 
not provide a factual or legal basis for the appeal.
    (1) Exceptions. No appeal shall be accepted from a foreign 
government entity or any representative thereof. Appeals will not be 
accepted for documents required to be submitted for pre-publication 
review or other administrative process pursuant to an approved 
nondisclosure agreement; for information that is the subject of pending 
litigation; nor for any document or material containing information 
contained within an operational file exempted from search and review, 
publication, and disclosure under the FOIA. No appeals shall be 
accepted if the requester has outstanding fees for information services 
at ODNI or another federal agency. In addition, no appeal shall be 
accepted if the information in question has been the subject of a 
declassification review within the previous two years.
    (2) Receipt, recording, and tasking. The D/IMD will record each 
appeal received under this part and acknowledge receipt to the 
requester.
    (3) Appellate authority. The ODNI Chief Management Officer (CMO), 
after consultation with all interested parties or ODNI component 
organization as well as with the Office of General Counsel, will make a 
final determination on the appeal within 60 days.
    (b) Final appeal. The D/IMD will prepare and communicate the ODNI 
administrative appeal decision to the requester, NARA, Presidential 
Library and referring agency, as appropriate. Correspondence will 
include a notice, if applicable, that a further appeal of ODNI's final 
decision may be made to the Interagency Security Classification

[[Page 9770]]

Appeals Panel (ISCAP) established pursuant to section 5.3 of Executive 
Order 13526. Action by that Panel will be the subject of rules to be 
promulgated by the Information Security Oversight Office.

    Dated: February 11, 2016.
Mark W. Ewing,
Chief Management Officer.
[FR Doc. 2016-04172 Filed 2-25-16; 8:45 am]
 BILLING CODE 9500-01-P-P