Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations 38201

(x) The applicant’s present foreign

duty station or last foreign duty station,

as the case may be;

(xi) The date of the applicant’s

reassignment to a duty station within

the United States, if applicable; and

(xii) The military branch of which the

applicant is a member.

(2)(i) If the Director approves the

application, such approved application

will serve as the permit to import the

firearm or ammunition described

therein. The Director will furnish the

approved application (permit) to the

applicant and retain two copies thereof

for administrative use.

(ii) If the Director disapproves the

application, the applicant will be

notified of the basis for the disapproval.

(b) Except as provided in paragraph

(b)(3) of this section, a firearm or

ammunition imported into the United

States under the provisions of this

section by the applicant may be released

from Customs custody to the applicant

upon showing that the applicant has

obtained a permit from the Director for

the importation of the firearm or

ammunition to be released.

(1) In obtaining the release from

Customs custody of a firearm or

ammunition authorized by this section

to be imported through the use of a

permit, the military member of the U.S.

Armed Forces will prepare ATF Form

6A and furnish the completed form to

the Customs officer releasing the firearm

or ammunition. The Customs officer

will, after certification, forward the ATF

Form 6A to the address specified on the

form.

(2) The ATF Form 6A must contain

the information requested on the form,

including:

(i) The name and address of the

military member;

(ii) The name of the manufacturer of

the firearm or ammunition;

(iii) The country of manufacture;

(iv) The type;

(v) The model;

(vi) The caliber, gauge, or size;

(vii) The serial number in the case of

firearms; and

(viii) If applicable, the number of

firearms or rounds of ammunition

released.

(3) When such military member is on

active duty outside the United States,

the military member may appoint, in

writing, an agent to obtain the release of

the firearm or ammunition from

Customs custody for such member.

Such agent will present sufficient

identification of the agent and the

written authorization to act on behalf of

such military member to the Customs

officer who is to release the firearm or

ammunition.

* * * * *

(Paragraph (a) approved by the Office of

Management and Budget under control

number 1512–0018; paragraph (b)

approved by the Office of Management

and Budget under control number 1512–

0019)

Par. 16. Section 178.129(d) is

amended by revising the first sentence

to read as follows:

§ 178.129 Record retention.

* * * * *

(d) Records of importation and

manufacture. Licensees will maintain

permanent records of the importation,

manufacture, or other acquisition of

firearms, including ATF Forms 6 and

6A as required by subpart G of this part.

***

* * * * *

Dated: March 17, 2000.

Bradley A. Buckles,

Director.

Dated: April 4, 2000.

John P. Simpson,

Deputy Assistant Secretary, Regulatory Tariff

and Trade Enforcement.

[FR Doc. 00–15485 Filed 6–19–00; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 293

National Imagery Mapping Agency

(NIMA) Freedom of Information Act

Program

AGENCY: Office of the Secretary,

Department of Defense.

ACTION: Final rule.

SUMMARY: This final rule establishes the

National Imagery and Mapping Agency

(NIMA) regulation governing the

disclosure of information under the

Freedom of Information Act. This part is

revised pursuant to the Department of

Defense rule which implements the

Freedom of Information Act and it

conforms to the Department’s rule and

schedule. As a component of the

Department of Defense, the Department

rules and schedules with respect to the

Freedom of Information Act, as

amended, will also be the policy of

NIMA.

DATES: This rule is effective March 14,

2000. Comments must be received by

August 21, 2000.

ADDRESSES: NIMA/GC, Mail Stop D–10,

4600 Sangamore Road, Bethesda, MD

20816–5003.

FOR FURTHER INFORMATION CONTACT: Tom

Willess @301–227–2953.

SUPPLEMENTARY INFORMATION:

List of Subjects in 32 CFR Part 293

Freedom of Information.

Accordingly, 32 CFR part 293 is

revised to read as follows:

PART 293—NATIONAL IMAGERY

MAPPING AGENCY (NIMA) FREEDOM

OF INFORMATION ACT PROGRAM

Sec.

293.1 Purpose.

293.2 Policy.

293.3 Applicability and scope.

293.4 Definitions.

293.5 Responsibilities.

293.6 Procedure.

Authority: 5 U.S.C. 552a.

§ 293.1 Purpose.

This part implementations the

Freedom of Information Act (FOIA) and

32 CFR part 286 to establish a uniform

process in responding to FOIA requests

received by the National Imagery

Mapping Agency (NIMA).

§ 293.2 Policy.

It is NIMA policy that:

(a) Agency records that, if disclosed,

would cause no foreseeable harm to an

interest protected by a FOIA exemption,

will be made readily accessible to the

public.

(b) NIMA organizations will ensure

that internal procedural matters do not

unnecessarily impede a FOIA requester

from promptly obtaining NIMA records.

§ 293.3 Applicability and scope.

This part applies to all NIMA

organizations and is intended as a brief

overview of the FOIA process within

NIMA. To obtain complete guidance,

this instruction must be used in

conjunction with 32 CFR part 286.

Additional assistance is also available

from the Office of General Counsel (GC).

§ 293.4 Definitions.

Agency records.

(1) A product of data compilation

(such as all books, papers, maps,

photographs, and machine-readable

materials including those in electronic

form or format) or other documentary

materials (such as letters, memos, or

notes) regardless of physical form or

characteristics that is made or received

by NIMA in connection with the

transaction of public business, and is in

NIMA’s possession and control at the

time the FOIA request is made.

38202 Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations

(2) The following are not considered

Agency records:

(i) Objects or articles, such as

structures, furniture, vehicles, and

equipment.

(ii) Anything that is not a tangible or

documentary record, such as an

individual’s memory or oral

communication.

(iii) Personal records of an individual

not subject to agency creation or

retention requirements, that have been

created and maintained primarily for

the convenience of the Agency

employee, and that are not distributed

to other Agency employees for their

official use. Personal records fall into

three categories: those created before

entering Government service; private

materials brought into, created, or

received in the Office that were not

created or received in the course of

transacting Government business; and

work-related personal papers that are

not used in the transaction of

Government business.

(3) Agency records available to the

public through an established public

distribution system, the Federal

Register, the National Technical

Information Service (NTIS), or the

Internet normally need not be processed

as FOIA requests, unless the requester

insists that the request be processed

under the FOIA.

(4) To be subject to the FOIA, the

Agency record being requested must

actually exist and be in the possession

and control of the Agency at the time a

FOIA request is made. There is no

obligation to create, compile, or obtain

a record to satisfy a FOIA request.

Appellate authority (AA). An agency

employee who has been granted

authority to review the decision of the

initial denial authority (IDA) (see IDA

definition) that has been appealed by a

FOIA requester and make the appeal

determination for the Agency on the

releasability of the records in question.

FOIA exemption. Agency records,

which if disclosed, would cause a

foreseeable harm to an interest protected

by a FOIA exemption, may be withheld

from public release. There are nine

exemptions that permit an agency to

withhold records requested under a

FOIA request. The exemptions are for

records that apply to:

(1) Information that is currently and

properly classified pursuant to an

Executive Order in the interest of

national defense or foreign policy.

(2) Information that pertains solely to

the internal rules and practices of the

Agency. This exemption has two

profiles, high and low. The high profile

permits withholding of a document that,

if released, would allow circumvention

of an Agency rule, policy, or statute,

thereby impeding the Agency in the

conduct of its mission. The low profile

permits withholding of the record if

there is no public interest in the record,

and it would be an administrative

burden to process the request. Activities

should not rely on the low profile

exemption because the Department of

Justice may not defend its use.

(3) Information specifically exempted

from disclosure by a statute that

establishes particular criteria for

withholding the record. The language of

the statute must clearly state that the

information will not be disclosed.

(4) Information such as trade secrets

and commercial or financial information

obtained from a company on a

privileged or confidential basis that, if

released, would result in competitive

harm to the company.

(5) Inter- and intra-agency

momoranda that are deliberative in

nature. This exemption is appropriate

for internal documents that are part of

the decision-making process, and

contain subjective evaluations,

opinions, and recommendations. A

document must be both deliberative and

part of a decision-making process to

qualify for this exemption.

(6) Information from personnel and

medical files that would result in a

clearly unwarranted invasion of

personal privacy if disclosed or

released.

(7) Records or information compiled

for law enforcement purposes that:

(i) Could reasonably be expected to

interfere with law enforcement

proceedings.

(ii) Would deprive a person of a right

to a fair trial or impartial adjudication.

(iii) Could reasonably be expected to

constitute an unwarranted invasion of

the personal privacy of others.

(iv) Would disclose the identity of a

confidential source; would disclose

investigative techniques and

procedures; and

(v) Could reasonably be expected to

endanger the life or physical safety of

any individual.

(8) The examination, operation, or

condition reports prepared by, on behalf

of, or for the use of any Agency

responsible for the regulation or

supervision of financial institutions.

(9) Geological and geophysical

information and data (including maps)

concerning wells.

FOIA request.

(1) An FOIA request is a request, in

writing, for agency records. The request

can either implicitly cite FOIA, but

must reasonably describe the record

being requested. In addition, the request

must include language indicating the

requester’s willingness to pay fees

associated with processing the FOIA

request.

(2) Any person, including a member

of the public (U.S. or foreign citizen or

entity), an organization, or a business

can make FOIA requests. Requests from

officials of State or local Governments

for NIMA records are considered the

same as requests from any other

requester. Requests from members of

Congress not seeking records on behalf

of a congressional committee or

subcommittee, and requests from either

House sitting as a whole or made on

behalf of constituents are considered the

same as requests from any other

requester. Requests from foreign

governments that do not invoke the

FOA are referred to appropriate foreign

disclosure channels and the requester is

so notified by GC.

Initial denial authority (IDA). An

agency employee who has been granted

authority to make an initial

determination for the Agency that

records requested in a FOIA request

should be withheld from disclosure or

release.

Mandatory declassification officer (MDO).

A senior agency official has been

granted authority to perform mandatory

declassification reviews for NIMA.

Multi-track processing. A system in

which pending FOIA requests that

cannot be processed within the statutory

time limit of 20 working days are

separated into distinct working tracks.

The tracks are based on the date the

FOIA request is received by GC, the

amount of work and time involved in

processing the request, and whether the

request qualifies for expedited

processing.

NIMA operational file exemption. 10

U.S.C. 457 provides that NIMA may

withhold from public disclosure

operational files that:

(1) As of September 22, 1996 were

maintained by National Photographic

Interpretations Center (NPIC) or

(2) Concern the activities of the

Agency as of that date that were

performed by NPIC. Questions on

operational files created after 22

September 1996 should be directed to

GC.

§ 293.5 Responsibilities.

(a) Director of NIMA (D/NIMA).

(1) Designates the Agency initial

denial authority (IDA) and appellate

authority (AA).

(2) Appoints substitutes for the

current IDA or AA if necessary.

(b) The Chief of Staff (CS) (or acting

CS as designated by CS) serves as AA.

Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations 38203

(c) The Director of the Congressional

Affairs Office (D/CA) (or acting D/CA as

designated by D/CA) serves as IDA.

(d) Office of General Counsel (GC).

(1) Administers NIMA’s FOIA

program for processing FOIA requests

received by NIMA.

(2) Processes all requests for

mandatory declassification review in

response to requests for declassificaton

that meet the requirements of Executive

Order 12958.

(3) Submits this part to the

Department of Defense to publish in the

Code of Federal Regulations and the

Federal Register.

(e) Office Directors in the functional

Directorates and the Office Directors

who are aligned with D/NMA (for

example, Office of General Counsel,

Office of Inspector General, Chief of

Staff, International and Policy Office, or

Mission Support Office) with regard to

search for records.

(1) Appoint an Office point of contact

(POC) to whom FOIA requests can be

directed from GC and who serves as a

direct liaison with GC.

(2) Forward, through the POC, the

FOIA request from GC to the

organization most likely to hold or

maintain the records being requested.

(3) Direct, through the POC, a search

for the records be completed in a timely

manner and respond directly to GC on

the outcome of the search.

(f) Office Directors in the functional

Directorates and the Office Directors

who are aligned with D/NIMA (for

example, Office of General Counsel,

Office of Inspector General, Chief of

Staff, International and Policy Office, or

Mission Support Office) with regard to

declassification review.

(1) Appoint an employee to act as the

POC for the Office.

(2) Oversee and coordinate, through

the POC, declassification reviews for

FOIA.

(3) Make, through the POC,

recommendations to the mandatory

declassification officer (MDO) on the

declassification of Agency records.

(g) Chief, Mission Support Office,

Security Programs Division, as MDO.

(1) Conducts declassification reviews

for FOIA.

(2) Advises GC whether Agency

records are properly classified in

accordance with Executive Order 12958

and should be withheld from public

release or disclosure.

§ 293.6 Procedures.

(a) Administration of the FOIA

program. GC receives all FOIA requests

submitted to NIMA, logs the requests

into a database, and initiates the record

search. If a final response cannot be

made to the FOIA requester within the

statutory time requirement of 20

working days, GC advises the requester

of this fact and explains how the FOIA

request will be processed within a

multi-track processing system. As part

of the administration FOIA process, GC:

(1) Assesses and collects fees for costs

associated with processing FOIA

requests, and approves or denies

requests for fee waivers. Fees collected

are forwarded through the Financial

Management Directorate (CFO) to the

U.S. Treasury.

(2) Approves or denies requests for

expedited processing.

(3) Sends a ‘‘no records’’ response to

FOIA requesters after a records search

reveals that no Agency records exist that

are responsive to the FOIA request.

(4) Provides training with NIMA on

the FOIA law and Agency processing

procedures.

(5) Conducts periodic reviews of

NIMA’s FOIA program.

(6) Maintains a public reading room

for inspecting and copying Agency

records and arranges appointments for

access to reading room records.

(7) Maintains an ‘‘electronic’’ reading

room for Agency records, an index for

frequently requested records, a FOIA

handbook, and other material as

required by the FOIA on a public

Internet website.

(8) Coordinates with other DoD

Components, other members of the

Intelligence Community, or the

Department of Justice, as needed, on

FOIA requests referred to NIMA.

(9) Coordinates with other DoD

Components, other members of the

Intelligence Community, or the

Department of Justice, as needed, prior

to releasing any records under the FOIA

that may also be pertinent to litigation

pending against the United States.

(10) Prepares the Annual Report—

Freedom of Information Act (DD Form

2564) and forwards the report to the

Directorate for Freedom of Information

and Security Review, Washington

Headquarters Services.

(11) Coordinates responses to all news

media requests with the Public Affairs

Office (PA) and congressional inquiries

with CA.

(12) Coordinates denials of access to

Agency records with NIMA’s IDA and

AA and prepares a legal synopsis and

recommendation for release or denial of

the record.

(13) Maintains FOIA case files in

accordance with the NIMA records

management schedules in NI 8040.1.

(b) Searching for responsive NIMA

records.

(1) GC forwards a copy of the FOIA

request to the appropriate Agency POC.

The POC fowards the request to the

Office most likely to hold or maintain

the records being requested.

(2) The Office conducts a search for

records responsive to the FOIA request.

all NIMA offices must promptly conduct

searches to locate records responsive to

a FOIA request, even if the search is

likely to reveal classified, sensitive, or

for official use only (FOUO) records. A

reasonable search includes the search of

all activities and locations most likely to

have the records that have not been

transferred to the National Archives and

Records Administration (NARA).

(3) If a reasonable search does not

identify or locate records responsive to

the request, the Office must provide GC

with a ‘‘no records’’ response and

provide a recommendation of other

Offices in which to conduct the search.

(4) If a reasonable search identifies or

locates records responsive to the

request, the Office must send two copies

of the responsive record to GC and

provide a recommendation regarding

releasability of the record. Any

objection to release of the record must

be based on one or more of the FOIA

exemptions. The office must also

complete and forward DD Form 2086 or

DD Form 2086–1, as appropriate,

detailing the time and cost incurred in

the search, review, and copying of the

responsive records.

(5) FOUO records. When an office has

identified FOUO records that are

responsive to a FOIA request, the record

must be evaluated to determine whether

any FOIA exemptions are applicable to

withhold either the entire record or

portions of the record from release.

Unless the requested record clearly falls

into one or more of the FOIA

exemptions, an FOUO marking all not

prevent a record from being released to

the FOIA requester.

(6) All Offices promptly forward or

return any misaddressed FOIA requests

to GC.

(c) Mandatory declassification review.

When a request for a declassification

review is received, or when an office

has identified classified records that are

responsive to a FOIA request and has

forwarded copies to GC, GC forwards

one copy of the record to the MDO for

a declassification review. The MDO

works with the declassification POC to

determine if the record in question is

currently and properly classified under

Executive Order 12958, and if any

information contained in the record may

be segregated for release to the FOIA

requester. The MDO forwards the results

of the declassification review to GC, in

writing, along with any

recommendations on whether

information in the record can be

38204 Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations

reasonably segregated and released to

the FOIA requester.

(d) Withholding Agency records from

public release. If the requested record is

not releasable because it is either

currently and properly classified or falls

within another FOIA exemption, GC

prepares an analysis on the rationale for

denying the record, prepares the initial

denial letter to be sent to the FOIA

requester, and forwards the materials to

the Agency IDA. The Agency IDA

reviews the FOIA request and rationale

for withholding the record and, if he or

she concurs, signs the letter prepared by

GC. The letter signed by the Agency IDA

advises the FOIA requester that the

records requested are being withheld

from release, states the amount of

material withheld from release, states

the FOIA exemptions supporting the

denial, and provides information on

appealing the decision to the Agency

AA. A copy of all initial denial letters

is forwarded to GC and maintained in

the individual FOIA file.

(e) Appeal rights of FOIA requesters.

(1) If a FOIA requester appeal the

initial denial decision of the agency

IDA, GC processes the appeal for review

by the agency AA. The AA reviews the

initial FOIA request, GC’s analysis, and

the denial decision made by the IDA.

The AA has the authority to either

uphold the decision made by the IDA,

and withhold the requested records

from release, or reverse the decision

made by the IDA and release all or a

portion of the records requested. GC

prepares the written response to the

FOIA requester for the AA’s signature.

If the AA makes a final determination to

uphold the decision made by the agency

IDA, the final Agency response includes

the basis for the decision and advises

the FOIA requester of the right to seek

judicial review.

(2) In addition to denials of

information, a FOIA requester also has

a right to appeal initial assessments

made by GC regarding fee categories, fee

waivers, fee estimates, requests for

expedited processing, no record

determinations, failure to meet the

statutory time limits, or any

determination found to be adverse by

the requester. The authority to uphold

or reverse initial assessments made by

GC in these areas is the agency AA. The

decision of the AA is final.

(f) Relationship between the FOIA and

the Privacy Act. Not all requesters will

be knowledgeable of the appropriate act

to cite when requesting records or

access to records. In some instances,

either the FOIA or the Privacy Act may

be cited.

(1) Both the FOIA and the Privacy Act

give the right to request access to

records held by Federal Agencies.

Access rights under the FOIA are given

to any individual, business, or

organization, but the Privacy Act gives

access rights only to those individuals

who are the subject of the records being

requested.

(2) When responding to a request for

records under the Privacy Act, detailed

guidance on which act to apply may be

found in 32 CFR part 286 and 32 CFR

part 310. Additional assistance is also

available from GC.

Dated: June 13, 2000.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 00–15367 Filed 6–19–00; 8:45 am]

BILLING CODE 5001–10–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01–00–144]

RIN 2115–AE46

Special Local Regulation: Fireworks

Displays Within the First Coast Guard

District

AGENCY: Coast Guard, DOT.

ACTION: Notice of Implementation

SUMMARY: This document provides

notice of the dates and times of the

special local regulations contained in 33

CFR 100.114, Fireworks Displays

Within the First Coast Guard District.

Implementation of these regulations is

necessary to control vessel traffic within

the regulated area to ensure the safety of

spectators.

DATES: The regulations in 33 CFR

100.114 are effective from one hour

before the scheduled start of the event

until thirty minutes after the last

firework is exploded for each event

listed in the table below. The events are

listed chronologically by month with

their corresponding number listed in the

special local regulation, 33 CFR

100.114.

FOR FURTHER INFORMATION CONTACT:

Petty Officer William M. Anderson,

Office of Search and Rescue branch,

First Coast Guard District at (617) 223–

8460.

SUPPLEMENTARY INFORMATION: This

notice implements the special local

regulations in 33 CFR 100.114 (64 FR

34544, June 28, 1999). All vessels will

be restricted from entering the area of

navigable water within a 500-yard

radius of the fireworks launch platform

for each event listed in the Fireworks

Display Table below.

Fireworks Displays

Connecticut—June 24th—7.3

Name: American Legion Post 83

Fireworks.

Sponsor: Town of Branford American

Legion Post.

Time: 9:00 p.m. to 10:00 p.m.

Location: Branford Point, Branford,

CT, 41°21′N/072°05′20′′ W (NAD 1983).

New York—July 8th—7.4

Name: Devon Yacht Club Fireworks.

Sponsor: Devon Yacht Club,

Amagansett, NY.

Time: 9:30 p.m. to 10:00 p.m.

Location: Devon Yacht Club,

Amagansett, NY, 40°00′00′′ N/

072°06′12′′ W (NAD 1983).

Connecticut—July 3rd—7.8—Rain date:

July 5th

Name: Stamford Fireworks.

Sponsor: City of Stamford.

Time: 9:00 p.m. to 10:00 p.m.

Location: Westcott Cove, Stamford,

CT, 41°02′01′′ N/73°30′3′′W (NAD 1983).

New York—July 2nd—7.16

Name: Salute to Veterans.

Sponsor: Town of North Hempstead,

NY.

Time: 9:00 p.m. to 10:00 p.m.

Location: Hempstead, NY. Point

Lookout, 40°35′34′′ N/073°35′24′′ W

(NAD 1983).

Massachusetts—July 2nd—7.21—Rain

date: July 3rd

Name: Town of Barnstable Fireworks.

Sponsor: Town of Barnstable.

Time: 8:00 p.m. to 10:00 p.m.

Location: Dunbar Point/Kalmus

Beach, Barnstable, MA, 41°38′30N /

070°16′W (NAD 1983).

Massachusetts—July 1st—7.27—Rain

date: July 2nd

Name: Onset Fireworks.

Sponsor: Town of Wareham, MA.

Time: 9 p.m. to 10 p.m.

Location: Onset Harbor, Onset, MA,

41°38′N/071°55′W (NAD 1983).

Massachusetts—July 4th—7.28

Name: Plymouth Fireworks Display.

Sponsor: July Four Plymouth Inc.

Time: 9:00 p.m. to 10:00 p.m.

Location: Plymouth Harbor,

Plymouth, MA, 41°57′20′′ N/070°38′20′′

W (NAD 1983).

Rhode Island—July 2nd—7.32—Rain

date: July 3rd

Name: Oyster Harbor Club Fourth of

July Festival.

Sponsor: Oyster Harbor Club, Inc.