[Federal Register: February 26, 2003 (Volume 68, Number 38)]
[Rules and Regulations]
[Page 8825]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe03-4]
[[Page 8825]]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 285
[DOD Directive 5400.7]
RIN 0790-AG98
DOD Freedom of Information Act (FOIA) Program
AGENCY: Department of Defense.
ACTION: Final rule.
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SUMMARY: This final rule reflects administrative changes as a result of
DOD reorganization. The rule also provides guidance to DOD on
implementation of the amended law.
EFFECTIVE DATE: June 17, 2002.
FOR FURTHER INFORMATION CONTACT: Mr. D. Maier, 703-697-1160.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 32 CFR part 285 is not a significant
regulatory action. The rule 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, grants,
user fees, or loan programs, or the rights and obligations of the
recipients thereof; or
(4) Raise novel legacy or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)
It has been certified that 32 CFR part 285 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
million or more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been determined that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. This rule implements the Freedom of Information Act
(5 U.S.C. 552), a statute concerning the release of Federal Government
records, and does not economically impact Federal Government relations
with the private sector.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part 285 does not impose any
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1995 (44 U.S.C. Chapter 44)
Federalism (Executive Order 13132)
It has been certified that 32 CFR part 285 does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of government.
List of Subjects in 32 CFR Part 285
Freedom of information.
Accordingly, 32 CFR part 285 is amended to read as follows:
PART 285--DOD FREEDOM OF INFORMATION ACT (FOIA) PROGRAM
1. The authority citation for 32 CFR part 285 continues to read as
follows:
Authority: 5 U.S.C. 552.
2. Section 285.1 is revised to read as follows:
Sec. 285.1 Reissuance and purpose.
This part:
(a) Reissues 32 CFR part 285 to update policies and
responsibilities for the implementation of the DOD FOIA Program under 5
U.S.C. 552.
(b) Continues to authorize, consistent with 5 U.S.C. 552, the
publication of 32 CFR part 286, the single DOD Regulation on the FOIA
Program.
(c) Continues to delegate authorities and responsibilities for the
effective administration of the FOIA Program.
3. Section 285.3 is amended by revising paragraph (e) to read as
follows:
Sec. 285.3 Policy.
* * * * *
(e) Release Agency records to the public unless those records are
exempt from mandatory disclosure as outlined in 5 U.S.C. 552.
* * * * *
4. Section 285.4 is amended by revising paragraph (a), removing
paragraph (a)(4), redesignating paragraphs (b) and (c) as paragraphs
(c) and (d), adding a new paragraph (b), and revising newly
redesignated (d)(1) as follows:
Sec. 285.4 Responsibilities.
(a) The Director, Washington Headquarters Service shall:
(1) * * *
(2) * * *
(3) * * *
(b) The Director, Administration and Management shall, as the
designee of the Secretary of Defense, serve as the sole appellate
authority for appeals to decisions of respective Initial Denial
Authorities within OSD, the Chairman of the Joint Chiefs of Staff, the
Combatant Commands, and the DOD Field Activities.
* * * * *
(d) The Heads of the DOD Components shall:
(1) Publish in the Federal Register any instructions necessary for
the internal administration of this part within a DOD Component that
are not prescribed by this part or by other issuances of the Director,
Washington Headquarters Services. For the guidance of the public, the
information specified in 5 U.S.C. 552(a)(1) shall be published in
accordance with DOD Directive 5025.1.
* * * * *
5. Section 285.5 is revised to read as follows:
Sec. 285.5 Information requirements.
The reporting requirements in subpart G of 32 CFR part 286 have
been assigned Report Control Symbol DD-DA&M(a) 1365.
Dated: February 6, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 03-4442 Filed 2-25-03; 8:45 am]
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