DoD Freedom of Information Act (FOIA) Program; Amendment, 39856-39858 [2020-13608]
Download as PDF
39856
Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules
A. Trimming of the Data Set
9. The Commission calculated the
proposed index level by trimming the
data set to the middle 50 percent of all
oil pipelines, consistent with the
Commission’s practice in the 2010 and
2015 index reviews.22 We encourage
commenters to address whether the
Commission should continue to trim the
data set to the middle 50 or adopt an
alternative approach to data trimming,
such as returning to the Commission’s
prior practice of considering the middle
80 23 or any other approach.
Commenters should explain why any
such alternative approach is superior to
the middle 50 and how it would
appropriately address outliers and
spurious data that could bias the results
in either direction.
B. Cost-of-Service Policy Changes
10. As discussed above, the
Commission uses the Kahn
Methodology to measure changes in
pipeline costs using page 700 data from
the prior five-year period. Accordingly,
the Commission’s proposal incorporates
the effects of the income tax policy
change on industry-wide oil pipeline
costs because this policy change is
reflected in pipelines’ page 700 data.
The Commission’s proposal does not
include the effects of the ROE policy
change because page 700 data reflecting
that policy change has yet to be filed.
However, as explained in the ROE
Policy Statement, the Commission will
afford pipelines an opportunity to file
this data for consideration in this fiveyear index review.24 As discussed
above, interested persons may address
whether, and if so how, the Commission
should reflect the effects of cost-ofservice policy changes (including the
income tax policy change 25 and the
ROE policy change 26) in the calculation
of the index level.
11. However, this proceeding is not
the appropriate forum to litigate the
merits of the policy changes themselves.
Litigating the merits of cost-of-service
policy changes in the five-year index
review is inappropriate for several
reasons. First, the index adjusts for and
the effects of subsequent changes to the
Commission’s cost-of-service policies
which could be incorporated into the
22 2015
Index Review, 153 FERC ¶ 61,312 at PP
42–44; 2010 Index Review, 133 FERC ¶ 61,228 at PP
60–63.
23 See, e.g., 2005 Index Review, 114 FERC
¶ 61,293.
24 ROE Policy Statement, 171 FERC ¶ 61,155 at P
93.
25 Income Tax Policy Statement, 162 FERC
¶ 61,227 at P 8.
26 ROE Policy Statement, 171 FERC ¶ 61,155 at P
2.
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17:03 Jul 01, 2020
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index level in the next five-year index
review. Second, litigating policy
changes in the five-year index review
would be impractical because, whereas
the Commission’s policies are
continually evolving, the five-year index
review is based upon a snapshot of
pipeline cost changes during the
applicable review period. Third,
litigating policy changes would
improperly complicate and prolong the
five-year index review by introducing
complex cost-of-service issues that can
require years to resolve.27 The
Commission must complete this fiveyear index review in order to establish
the index level in sufficient time for it
to be used by pipelines in the index
filings to be effective July 1, 2021.
Finally, cost-of-service rate proceedings,
where participants and the Commission
have a full opportunity to develop an
evidentiary record, are a more
appropriate forum for litigating policy
changes than the generic, industry-wide
proceeding on the five-year index
review.
III. Comment Procedures
12. Initial Comments are due on or
before August 17, 2020 and Reply
Comments are due on or before
September 11, 2020. Comments must
refer to Docket No. RM20–14–000, and
must include the name of the
commenter, the organization they
represent, if applicable, and their
address.
13. We encourage comments to be
filed electronically via the eFiling link
on the Commission’s website at https://
www.ferc.gov. The Commission accepts
most standard word processing formats.
Documents created electronically using
word processing software should be
filed in native applications or print-toPDF format and not in a scanned format.
All supporting workpapers must be
submitted with formulas and in a
spreadsheet format acceptable under the
Commission’s eFiling rules.
Commenters filing electronically do not
need to make a paper filing.
14. Commenters that are not able to
file comments electronically must send
an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
15. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
27 See, e.g., SFPP, L.P., Opinion No. 511–C, 162
FERC ¶ 61,228, at PP 4–7 (2018) (noting that the
litigation culminating in the 2018 income tax policy
change began in 2008).
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
are not required to serve copies of their
comments on other commenters.
IV. Document Availability
16. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page (https://
www.ferc.gov). At this time, the
Commission has suspended access to
the Commission’s Public Reference
Room, due to the proclamation
declaring a National Emergency
concerning the Novel Coronavirus
Disease (COVID–19), issued by the
President on March 13, 2020.
17. From the Commission’s Home
Page on the internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
18. User assistance is available for
eLibrary and the Commission’s website
during normal business hours. For
assistance, please contact the
Commission’s Online Support at (202)
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
By direction of the Commission.
Issued: June 18, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020–13623 Filed 7–1–20; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 286
[Docket ID: DOD–2019–OS–0069]
RIN 0790–AK54
DoD Freedom of Information Act
(FOIA) Program; Amendment
Department of Defense.
Proposed rule; amendment.
AGENCY:
ACTION:
The Department of Defense
(DoD) is proposing to amend its
Freedom of Information Act (FOIA)
regulation, which last published in the
Federal Register as a final rule on
SUMMARY:
E:\FR\FM\02JYP1.SGM
02JYP1
Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules
February 6, 2018, to update certain
administrative aspects of the
Department’s implementation of the
FOIA, including adding an additional
FOIA Requester Service Center. DoD is
also proposing to clarify, by adopting
the standards set forth in the
Department of Justice’s (DOJ) Template
for Agency FOIA Regulations, that the
decision to participate in FOIA
alternative dispute resolution services is
voluntary on the part of the requestor
and DoD.
DATES: Comments must be received by
August 31, 2020.
ADDRESSES: You may submit comments,
identified by docket number and/or
Regulatory Information Number (RIN)
number and title, by any of the
following methods:
Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail: DoD cannot receive written
comments at this time due to the
COVID–19 pandemic. Comments should
be sent electronically to the docket
listed above.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this
document. The general policy is for
submissions to be made available for
public viewing at https://
www.regulations.gov without change,
including any personal identifiers or
contact information.
FOR FURTHER INFORMATION CONTACT:
Melissa Walker at 571–372–0462.
SUPPLEMENTARY INFORMATION:
Executive Summary
Under the FOIA, 5 U.S.C. 552,
agencies are afforded a certain amount
of discretion in administratively
implementing the Act. For example,
agencies can designate which of their
Components are authorized to receive
FOIA requests. In this proposed
amendment, DoD is adding the United
States Cyber Command
(USCYBERCOM) as an authorized FOIA
Requester Service Center. Since the
service center has already been
implemented, DoD is seeking to align
the rule with the action. DoD also seeks
to update the list of those Components
serviced by the Office of the Secretary
of Defense and Joint Staff FOIA
Requester Service Center.
Further, this proposed amendment
seeks to clarify language concerning
DoD’s participation in FOIA ‘‘Dispute
Resolution,’’ found in § 286.4. This
proposed amendment, which adopts the
standard set forth in DOJ’s Template for
Agency FOIA Regulations, clarifies that
DoD possesses the discretion to
VerDate Sep<11>2014
17:03 Jul 01, 2020
Jkt 250001
determine whether to participate in
FOIA alternative dispute resolution
when it is requested by a requester.
The amendments become effective
once this rule is published as a final
rule. The Department does not
anticipate any cost associated with this
proposed amendment.
Summary of the Revisions Implemented
by This Rule
DoD is proposing to make
amendments to update the listed
designated FOIA Requester Service
Centers and to correct language
concerning FOIA alternative dispute
resolution.
Authority
According to the FOIA, 5 U.S.C. 552,
an agency may, in its published
administrative rules and regulations,
designate those components that can
receive FOIA requests. Additionally, the
FOIA requires agencies to establish
FOIA Public Liaisons, which are
responsible for assisting in reducing
delays, increasing transparency and
understanding of the status of requests,
and assisting in the resolution of
disputes.
Regulatory History
On February 6, 2018 (83 FR 5196–
5197), the Department of Defense
published a final rule that revised
Department of Defense (DoD) Freedom
of Information Act (FOIA) regulation to
implement the FOIA and incorporate
the provisions of the Openness
Promotes Effectiveness in our National
Government Act of 2007 and the FOIA
Improvement Act of 2016.
Regulatory Impact Analysis
We developed this rule after
considering numerous statutes and
Executive Orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on these statutes or
E.O.s.
Costs
The Department does not anticipate
any costs associated with this rule
change. Prior to establishing its own
FOIA Requester Service Center,
USCYBERCOM’s FOIA requests were
serviced by the United States Strategic
Command FOIA Requester Service
Center. Since FOIA requests concerning
USCYBERCOM previously existed, the
cost associated with processing the
request is unchanged and would be
realigned from USSTRATCOM to the
new FOIA Requester Service Center.
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Fmt 4702
Sfmt 4702
39857
Benefits
The benefit of USCYBERCOM
establishing its own FOIA Requester
Service Center is that FOIA action
officers would have a direct and deeper
knowledge of USCYBERCOM records,
allowing for requests to be more readily
completed within statutory timelines.
This amendment also clarifies that
DoD possesses the discretion to
determine whether to participate in
FOIA alternative dispute resolution
when it is requested by a requester. This
clarification is necessary to ensure that
requesters understand FOIA alternative
dispute resolution is voluntary on the
part of both parties and the Agency, as
one of the parties to the mediation, may
choose not to mediate a given FOIA
dispute on a case-by-case basis.
Furthermore, adding this language
clarifies that the alternative dispute
resolution process is governed by the
National Archives and Records
Administration, the Office of
Government Information Service (OGIS)
as mandated by the Freedom of
Information Act.
Executive Orders
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. It has been determined that
this rule is not a significant regulatory
action.
Executive Order 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’
This rule has been deemed not
significant under Executive Order (E.O.)
12866, ‘‘Regulatory Planning and
Review,’’ therefore, the requirements of
E.O. 13771, ‘‘Reducing Regulation and
Controlling Regulatory Costs’’ do not
apply.
Congressional Review Act
This rule is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
E:\FR\FM\02JYP1.SGM
02JYP1
39858
Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules
Public Law 104–4, ‘‘Unfunded Mandates
Reform Act’’ (2 U.S.C. Ch. 25)
This proposed rule is not subject to
the Unfunded Mandates Reform Act
because it does not contain a federal
mandate that may result in the
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 M or more in any
one year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Ch. 6)
It has been certified that this proposed
rule is not subject to the Regulatory
Flexibility Act because it does not have
a significant economic impact on a
substantial number of small entities.
The rule will implement the procedures
for processing FOIA requests within the
Department of Defense, which do not
create such an impact.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Ch. 35)
This proposed rule does not impose
reporting or recordkeeping requirements
under the Paperwork Reduction Act of
1995.
Executive Order 13132, ‘‘Federalism’’
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a rule
that imposes substantial direct
requirement costs on state and local
governments, preempts state law, or
otherwise has federalism implications.
This proposed rule will not have a
substantial effect on state and local
governments, or otherwise have
federalism implications.
List of Subjects in 32 CFR Part 286
Freedom of information.
Accordingly, 32 CFR part 286 is
proposed to be amended to read as
follows:
§ 286.3
2. Amend § 286.3 by:
a. In paragraph (a):
i. Adding the words ‘‘United States
Cyber Command,’’ after the words
‘‘United States Central Command.’’
■ ii. Removing the words ‘‘Defense
Security Service’’ and adding in its
place the words ‘‘Defense
Counterintelligence and Security
Agency.’’
■ b. In paragraph (b):
■
■
■
17:03 Jul 01, 2020
*
*
*
*
(b) Engaging in dispute resolution
services provided by OGIS. These
dispute resolution processes are
voluntary processes. If a DoD
Component agrees to participate in the
dispute resolution services provided by
the Office of Government Information
services (OGIS), it will actively engage
as a partner to the process in an attempt
to resolve the dispute.
§ 286.11
[Amended]
4. Amend § 286.11 by:
a. In paragraph (b)(1), removing the
words ‘‘Defense Security Service’’ and
adding in its place the words ‘‘Defense
Counterintelligence and Security
Agency.’’
■ b. In paragraph (b)(2), adding the
words ‘‘United States Cyber Command,’’
after the words ‘‘United States Central
Command.’’
■
■
Dated: June 19, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 86 and 600
[EPA–HQ–OAR–2016–0604; FRL–10010–95–
OAR]
RIN 2060–AT21
[Amended]
VerDate Sep<11>2014
*
BILLING CODE 5001–06–P
1. The authority citation for part 286
continues to read as follows:
Authority: 5 U.S.C. 552.
§ 286.4 FOIA Public Liaisons and the
Office of Government Information Services.
[FR Doc. 2020–13608 Filed 7–1–20; 8:45 am]
PART 286—DOD FREEDOM OF
INFORMATION ACT (FOIA) PROGRAM
■
i. Adding the words ‘‘Defense Digital
Service,’’ after the words ‘‘Defense
Advanced Research Projects Agency.’’
■ ii. Adding the words ‘‘Defense
Innovation Unit,’’ after the words
‘‘Defense Equal Opportunity
Management Institute.’’
■ iii. Adding the words ‘‘Space
Development Agency,’’ after the words
‘‘Pentagon Force Protection Agency.’’
■ iv. Removing the words ‘‘Joint
Improvised-Threat Defeat Agency.’’
■ 3. Amend § 286.4 by revising
paragraph (b) to read as follows:
■
Jkt 250001
Public Hearing for Vehicle Test
Procedure Adjustments for Tier 3
Certification Test Fuel
Environmental Protection
Agency (EPA).
ACTION: Notification of public hearing.
AGENCY:
The Environmental Protection
Agency (EPA) is announcing a virtual
public hearing to be held July 13, 2020,
on its proposed Vehicle Test Procedure
SUMMARY:
PO 00000
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Fmt 4702
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Adjustments for Tier 3 Certification Test
Fuel rule, which was published on May
13, 2020. EPA is proposing adjustment
factors to apply to vehicle GHG and fuel
economy test results for the GHG and
CAFE programs and the Fuel Economy
and Environment Label as EPA
separately implements changes in lightduty vehicle gasoline test fuel
properties.
DATES: EPA will hold a virtual public
hearing on July 13, 2020. Please refer to
the SUPPLEMENTARY INFORMATION section
for additional information on the public
hearing.
ADDRESSES: The virtual public hearing
will be held on July 13, 2020. The
hearing will begin at 1 p.m. Eastern
Time (ET) and end when all parties who
wish to speak have had an opportunity
to do so. All hearing attendees
(including even those who do not
intend to provide testimony) should
notify the contact person listed under
FOR FURTHER INFORMATION CONTACT by
July 8, 2020. Additional information
regarding the hearing appears below
under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Tad
Wysor, Office of Transportation and Air
Quality, Assessment and Standards
Division, Environmental Protection
Agency, 2000 Traverwood Drive, Ann
Arbor, MI 48105; telephone number:
734–214–4332; email address: ASDRegistration@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is
proposing adjustment factors to apply to
vehicle GHG and fuel economy test
results for the GHG and CAFE programs
and the Fuel Economy and Environment
Label as EPA separately implements
changes in light-duty vehicle gasoline
test fuel properties under the Tier 3
Motor Vehicle Emission and Fuel
Standards (Tier 3 final rule at 79 FR
23414, April 28, 2014).
Participation in virtual public
hearing. Please note that EPA is
deviating from its typical approach
because the President has declared a
national emergency. Because of current
CDC recommendations, as well as state
and local orders for social distancing to
limit the spread of COVID–19, EPA
cannot hold in-person public meetings
at this time.
The virtual public hearing will
provide interested parties the
opportunity to present data, views, or
arguments concerning the proposal
(which is available at https://
www.epa.gov/regulations-emissionsvehicles-and-engines/vehicle-testprocedure-adjustments-tier-3certification). EPA may ask clarifying
questions during the oral presentations
but will not respond to the
E:\FR\FM\02JYP1.SGM
02JYP1
Agencies
[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Proposed Rules]
[Pages 39856-39858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13608]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 286
[Docket ID: DOD-2019-OS-0069]
RIN 0790-AK54
DoD Freedom of Information Act (FOIA) Program; Amendment
AGENCY: Department of Defense.
ACTION: Proposed rule; amendment.
-----------------------------------------------------------------------
SUMMARY: The Department of Defense (DoD) is proposing to amend its
Freedom of Information Act (FOIA) regulation, which last published in
the Federal Register as a final rule on
[[Page 39857]]
February 6, 2018, to update certain administrative aspects of the
Department's implementation of the FOIA, including adding an additional
FOIA Requester Service Center. DoD is also proposing to clarify, by
adopting the standards set forth in the Department of Justice's (DOJ)
Template for Agency FOIA Regulations, that the decision to participate
in FOIA alternative dispute resolution services is voluntary on the
part of the requestor and DoD.
DATES: Comments must be received by August 31, 2020.
ADDRESSES: You may submit comments, identified by docket number and/or
Regulatory Information Number (RIN) number and title, by any of the
following methods:
Federal Rulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: DoD cannot receive written comments at this time due to the
COVID-19 pandemic. Comments should be sent electronically to the docket
listed above.
Instructions: All submissions received must include the agency name
and docket number or RIN for this document. The general policy is for
submissions to be made available for public viewing at https://www.regulations.gov without change, including any personal identifiers
or contact information.
FOR FURTHER INFORMATION CONTACT: Melissa Walker at 571-372-0462.
SUPPLEMENTARY INFORMATION:
Executive Summary
Under the FOIA, 5 U.S.C. 552, agencies are afforded a certain
amount of discretion in administratively implementing the Act. For
example, agencies can designate which of their Components are
authorized to receive FOIA requests. In this proposed amendment, DoD is
adding the United States Cyber Command (USCYBERCOM) as an authorized
FOIA Requester Service Center. Since the service center has already
been implemented, DoD is seeking to align the rule with the action. DoD
also seeks to update the list of those Components serviced by the
Office of the Secretary of Defense and Joint Staff FOIA Requester
Service Center.
Further, this proposed amendment seeks to clarify language
concerning DoD's participation in FOIA ``Dispute Resolution,'' found in
Sec. 286.4. This proposed amendment, which adopts the standard set
forth in DOJ's Template for Agency FOIA Regulations, clarifies that DoD
possesses the discretion to determine whether to participate in FOIA
alternative dispute resolution when it is requested by a requester.
The amendments become effective once this rule is published as a
final rule. The Department does not anticipate any cost associated with
this proposed amendment.
Summary of the Revisions Implemented by This Rule
DoD is proposing to make amendments to update the listed designated
FOIA Requester Service Centers and to correct language concerning FOIA
alternative dispute resolution.
Authority
According to the FOIA, 5 U.S.C. 552, an agency may, in its
published administrative rules and regulations, designate those
components that can receive FOIA requests. Additionally, the FOIA
requires agencies to establish FOIA Public Liaisons, which are
responsible for assisting in reducing delays, increasing transparency
and understanding of the status of requests, and assisting in the
resolution of disputes.
Regulatory History
On February 6, 2018 (83 FR 5196-5197), the Department of Defense
published a final rule that revised Department of Defense (DoD) Freedom
of Information Act (FOIA) regulation to implement the FOIA and
incorporate the provisions of the Openness Promotes Effectiveness in
our National Government Act of 2007 and the FOIA Improvement Act of
2016.
Regulatory Impact Analysis
We developed this rule after considering numerous statutes and
Executive Orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on these statutes or E.O.s.
Costs
The Department does not anticipate any costs associated with this
rule change. Prior to establishing its own FOIA Requester Service
Center, USCYBERCOM's FOIA requests were serviced by the United States
Strategic Command FOIA Requester Service Center. Since FOIA requests
concerning USCYBERCOM previously existed, the cost associated with
processing the request is unchanged and would be realigned from
USSTRATCOM to the new FOIA Requester Service Center.
Benefits
The benefit of USCYBERCOM establishing its own FOIA Requester
Service Center is that FOIA action officers would have a direct and
deeper knowledge of USCYBERCOM records, allowing for requests to be
more readily completed within statutory timelines.
This amendment also clarifies that DoD possesses the discretion to
determine whether to participate in FOIA alternative dispute resolution
when it is requested by a requester. This clarification is necessary to
ensure that requesters understand FOIA alternative dispute resolution
is voluntary on the part of both parties and the Agency, as one of the
parties to the mediation, may choose not to mediate a given FOIA
dispute on a case-by-case basis. Furthermore, adding this language
clarifies that the alternative dispute resolution process is governed
by the National Archives and Records Administration, the Office of
Government Information Service (OGIS) as mandated by the Freedom of
Information Act.
Executive Orders
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. It has been determined that this rule is not a significant
regulatory action.
Executive Order 13771, ``Reducing Regulation and Controlling Regulatory
Costs''
This rule has been deemed not significant under Executive Order
(E.O.) 12866, ``Regulatory Planning and Review,'' therefore, the
requirements of E.O. 13771, ``Reducing Regulation and Controlling
Regulatory Costs'' do not apply.
Congressional Review Act
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
[[Page 39858]]
Public Law 104-4, ``Unfunded Mandates Reform Act'' (2 U.S.C. Ch. 25)
This proposed rule is not subject to the Unfunded Mandates Reform
Act because it does not contain a federal mandate that may result in
the expenditure by state, local, and tribal governments, in the
aggregate, or by the private sector, of $100 M or more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Ch. 6)
It has been certified that this proposed rule is not subject to the
Regulatory Flexibility Act because it does not have a significant
economic impact on a substantial number of small entities. The rule
will implement the procedures for processing FOIA requests within the
Department of Defense, which do not create such an impact.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Ch. 35)
This proposed rule does not impose reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995.
Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a rule that imposes substantial
direct requirement costs on state and local governments, preempts state
law, or otherwise has federalism implications. This proposed rule will
not have a substantial effect on state and local governments, or
otherwise have federalism implications.
List of Subjects in 32 CFR Part 286
Freedom of information.
Accordingly, 32 CFR part 286 is proposed to be amended to read as
follows:
PART 286--DOD FREEDOM OF INFORMATION ACT (FOIA) PROGRAM
0
1. The authority citation for part 286 continues to read as follows:
Authority: 5 U.S.C. 552.
Sec. 286.3 [Amended]
0
2. Amend Sec. 286.3 by:
0
a. In paragraph (a):
0
i. Adding the words ``United States Cyber Command,'' after the words
``United States Central Command.''
0
ii. Removing the words ``Defense Security Service'' and adding in its
place the words ``Defense Counterintelligence and Security Agency.''
0
b. In paragraph (b):
0
i. Adding the words ``Defense Digital Service,'' after the words
``Defense Advanced Research Projects Agency.''
0
ii. Adding the words ``Defense Innovation Unit,'' after the words
``Defense Equal Opportunity Management Institute.''
0
iii. Adding the words ``Space Development Agency,'' after the words
``Pentagon Force Protection Agency.''
0
iv. Removing the words ``Joint Improvised-Threat Defeat Agency.''
0
3. Amend Sec. 286.4 by revising paragraph (b) to read as follows:
Sec. 286.4 FOIA Public Liaisons and the Office of Government
Information Services.
* * * * *
(b) Engaging in dispute resolution services provided by OGIS. These
dispute resolution processes are voluntary processes. If a DoD
Component agrees to participate in the dispute resolution services
provided by the Office of Government Information services (OGIS), it
will actively engage as a partner to the process in an attempt to
resolve the dispute.
Sec. 286.11 [Amended]
0
4. Amend Sec. 286.11 by:
0
a. In paragraph (b)(1), removing the words ``Defense Security Service''
and adding in its place the words ``Defense Counterintelligence and
Security Agency.''
0
b. In paragraph (b)(2), adding the words ``United States Cyber
Command,'' after the words ``United States Central Command.''
Dated: June 19, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2020-13608 Filed 7-1-20; 8:45 am]
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