Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations 30463 

This valuation shall be done not later 

than 150 days after the end of the plan 

year in which the plan terminates and 

each plan year thereafter except as 

provided in this paragraph. A plan year 

for which a valuation is performed is 

called a valuation year. 

(1) If the value of nonforfeitable 

benefits for the plan is $25 million or 

less as determined for a valuation year, 

the plan sponsor may use the valuation 

for the next two plan years and, subject 

to paragraphs (a)(2) and (3) of this 

section, perform a new valuation 

pursuant to this paragraph for the third 

plan year after the previous valuation 

year. 

(2) No valuation is required for a plan 

year for which the plan receives 

financial assistance from PBGC under 

section 4261 of ERISA. 

(3) No valuation is required for the 

plan year in which the plan is closed 

out in accordance with subpart D of this 

part. 

* * * * * 

PART 4231—MERGERS AND 

TRANSFERS BETWEEN 

MULTIEMPLOYER PLANS 

■ 3. The authority citation for part 4231 

continues to read as follows: 

Authority: 29 U.S.C. 1302(b)(3), 1411. 

■ 4. Amend § 4231.8 by: 

■ a. Revising the first sentence of 

paragraph (a)(1) introductory text; and 

■ b. In paragraph (f)(1) by removing the 

words ‘‘120 days after filing the notice’’ 

and adding in their place the words ‘‘the 

applicable notice period set forth in 

paragraph (a) of this section’’. 

The revision reads as follows: 

§ 4231.8 Notice of merger or transfer. 

(a) Filing of request—(1) When to file. 

Except as provided in paragraph (f) of 

this section, a notice of a proposed 

merger or transfer must be filed not less 

than 120 days, or not less than 45 days 

in the case of a merger for which a 

compliance determination under 

§ 4231.9 is not requested, before the 

effective date of the transaction. * * * 

* * * * * 

PART 4281—DUTIES OF PLAN 

SPONSOR FOLLOWING MASS 

WITHDRAWAL 

■ 5. The authority citation for part 4281 

continues to read as follows: 

Authority: 29 U.S.C. 1302(b)(3), 1341(a), 

1399(c)(1)(D), and 1441. 

■ 6. Amend § 4281.43 by: 

■ a. Revising the section heading; and 

■ b. Removing paragraphs (b), (d), and 

(f) and redesignating paragraphs (c) and 

(e) as paragraphs (b) and (c), 

respectively. 

The revision reads as follows: 

§ 4281.43 Notices of insolvency. 

* * * * * 

■ 7. Amend § 4281.44 by: 

■ a. Revising the section heading; 

■ b. Removing paragraph (a)(4) and 

redesignating paragraphs (a)(5) through 

(13) as paragraphs (a)(4) through (12), 

respectively; and 

■ c. Removing paragraphs (c) and (d). 

The revision reads as follows: 

§ 4281.44 Contents of notices of 

insolvency. 

* * * * * 

§ 4281.46 [Amended] 

■ 8. In § 4281.46, paragraph (a) 

introductory text is amended by 

removing the words ‘‘§ 4281.44(a)(1) 

through (a)(5) and (a)(7) through (a)(11)’’ 

and adding in their place the words 

‘‘§ 4281.44(a)(1) through (4) and (a)(6) 

through (10)’’. 

§ 4281.47 [Amended] 

■ 9. In § 4281.47, paragraph (c) 

introductory text is amended by 

removing the reference ‘‘(a)(5)’’ and 

adding in its place the reference 

‘‘(a)(4)’’. 

Issued in Washington, DC, this 19th day of 

May, 2014. 

Joshua Gotbaum, 

Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2014–12154 Filed 5–27–14; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 300 

Defense Logistics Agency 

32 CFR Part 1285 

[Docket ID: DOD–2012–OS–0019] 

RIN 0790–AI87 

Defense Logistics Agency Freedom of 

Information Act Program 

AGENCY: Defense Logistics Agency, DoD. 

ACTION: Final rule. 

SUMMARY: The Defense Logistics Agency 

(DLA) is revising and updating its 

existing rule concerning the DLA 

Freedom of Information Act (FOIA) 

Program. This rule implements changes 

to conform to the requirements of the 

Electronic Freedom of Information Act 

Amendments of 1996, and the OPEN 

Government Act of 2007. In addition, 

part 1285 will be redesignated as part 

300. 

DATES: Effective Date: This rule is 

effective June 27, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Deborah Teer, (703) 767–5247. 

SUPPLEMENTARY INFORMATION: This rule 

supplements 32 CFR part 286 to 

accommodate specific requirements of 

DLA’s FOIA Program. 

Executive Summary 

I. Purpose of This Regulatory Action 

a. This rule assigns responsibilities and 

establishes policies and procedures for a 

uniform DLA Freedom of Information 

Act program pursuant to the provisions 

of the Freedom of Information Act. 

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

II. Summary of the Major Provisions of This 

Regulatory Action 

This rule implements changes to conform 

to the requirements of the Electronic 

Freedom of Information Act 

Amendments of 1996, Public Law 104– 

231, and the OPEN Government Act of 

2007, Public Law 110–175. 

III. Costs and Benefits of This Regulatory 

Action 

This regulatory action imposes no 

monetary costs to the Agency or public. 

The benefit to the public is the accurate 

reflection of the Agency’s FOIA Program 

to ensure that policies and procedures 

are known to the public. 

REGULATORY PROCEDURES 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been certified that 32 CFR part 

300 does not: (1) Have an annual effect 

on the economy of $100 million or more 

or adversely affect in a material way the 

economy; a sector of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; (2) Create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another Agency; (3) Materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs, or 

the rights and obligations of recipients 

thereof; or (4) Raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive orders. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. Chapter 6) 

It has been determined that 32 CFR 

part 300 is not subject to the Regulatory 

Flexibility Act because it would not, if 

promulgated, have significant economic 

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30464 Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations 

impact on a substantial number of small 

entities. 

Public Law 96–511, Paperwork 

Reduction Act (44 U.S.C. Chapter 35) 

It has been determined that 32 CFR 

part 300 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Public Law 104–4, Unfunded Mandates 

Reform Act of 1995 

It has been certified that 32 CFR part 

300 does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995. 

Executive Order 13132, Federalism 

It has been certified that 32 CFR part 

300 does not have substantial direct 

effects on the states, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132. 

Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

32 CFR part 300 is not subject to 

Executive Order 13045. 

Public Comments 

The proposed rule was published on 

October 15, 2012 at 77 FR 62469. A 

discussion of the comments and the 

changes made to the proposed rule as a 

result of those comments are provided 

as follows: 

1. General Comments 

Comments: Office of Government 

Information Services (OGIS) and 

Electronic Privacy Information Center 

(EPIC) commends DLA for the emphasis 

on customer service and electronic 

databases in the proposed rule. 

Response: Although no response is 

required, DLA appreciates all 

comments. 

2. Out-of-Scope Comments 

Comments: Several respondents 

stated that DLA does not offer any 

changes to existing regulatory 

exemptions governing the Agency under 

the Freedom of Information Act (FOIA). 

DLA assumes the continuing viability of 

these exemptions. However, in Milner v. 

Department of the Navy, 131 S.Ct. 1259 

(2011), the Supreme Court reversed the 

lower court interpretation of certain of 

the FOIA statutory exemptions, upon 

which interpretation the exemptions 

regulations relied. The present 

Comment urges DLA and the 

Department of Defense (DoD) to revisit 

these regulatory exemptions and to 

recraft them both to comply with the 

Court’s Milner holding and to clarify the 

proper regulatory interpretation of the 

statutory exemptions. 

EPIC makes a number of comments on 

the wording of 32 CFR part 286, DoD 

FOIA Program Regulation. 

Response: The purpose of this rule is 

to implement 32 CFR part 286. Issues 

relating to the scope or coverage of 32 

CFR part 286 are outside the scope of 

this final rule. 

3. Specific Comments 

§ 300.3 Definitions 

Comment: EPIC suggests adding 

language to make clear that this section 

is intended to supplement 32 CFR part 

286. 

Response: The final rule opening 

paragraph has been revised to state that 

other definitions may be found in 32 

CFR part 286, Subpart A. 

Comment: OGIS suggests adding 

terms, including requester category and 

fee waiver, to the glossary. OGIS has 

found that even experienced requesters 

can still confuse those terms. 

Additionally, because DLA refers to 

both in § 300.3(l), this will ensure 

shared understanding. 

Response: The final rule has been 

revised to include the requester 

category. The definition of fee waiver is 

unnecessary as DLA adopts Subpart F of 

32 CFR part 286 which defines fee 

waiver. 

(a) Administrative Appeal. 

Comment: EPIC suggests adding 

language to state that failure to respond 

within the statutory time limit is 

appealable. 

Response: The final rule definition 

has been revised. 

(b) Adverse Determination. 

Comment: EPIC suggests adding 

language to state that definition 

includes but is not limited to. 

Response: The final rule definition 

has been revised. 

(d) Consultation. 

Comment: EPIC suggests amending 

the definition to clarify when 

consultation is necessary. 

Response: The final rule has been 

revised. 

(e) Defense Freedom of Information 

Program Office. 

Comment: EPIC suggests changing the 

word Program to Policy. 

Response: The final rule has been 

revised. 

(g) DLA Component. 

Comment: EPIC suggests modifying 

the current definition will result in 

limitless authority to any delegate 

within DLA to deny FOIA requests. 

Response: DLA will not retain the 

current definition. Due to DLA 

reorganization of Components, 

including FOIA offices, not all 

components are authorized to receive 

and act independently on FOIA 

requests. To address EPIC’s comment, 

DLA incorporates language from the 

DoD FOIA Program Regulation directing 

DLA Components to limit the number of 

IDAs appointed and to balance the goals 

of centralization of authority to promote 

uniform decisions and decentralization 

to facilitate responding to each request 

within the time limitations of the FOIA. 

Refer to definition (o) DLA FOIA 

Requester Service Center. 

Comment: (l) FOIA Public Liaison. 

OGIS applauds DLA for including FOIA 

Public Liaison in its Definitions section 

and suggests additional language to 

reflect the position’s statutorily 

enhanced role in the 2007 FOIA 

amendments that comes directly from 5 

U.S.C. 552(l). 

Response: The final rule has been 

revised to expand the definition of FOIA 

Public Liaison. 

Comment: (m) FOIA Request. EPIC 

suggests retaining current DLA 

definition. 

Response: The final rule definition is 

amended in part. The definition does 

not require advance payment but to 

state a willingness to pay fees should 

they be assessed. See current regulation 

at 1285.5(d). DLA does not deny a 

request if a willingness to pay fees is not 

indicated but before processing begins 

the requester is contacted to obtain a fee 

declaration. 

§ 300.4 Policy 

(a) General. 

Comment: EPIC suggests that the 

proposed changes provide the agency 

with greater discretion to deny FOIA 

requests. 

Response: DLA has amended this 

paragraph, since this regulation does not 

impact disclosures outside of FOIA 

(refer to DoD Directive 5230.09, 

Clearance of DoD Information for Public 

Release). 

(c) Creating a Record. 

Comment: EPIC suggests the 

regulations would significantly limit the 

circumstances under which DLA will 

process a FOIA request. 

Response: DLA partially 

accommodates EPIC’s comment 

regarding agency burden and significant 

inference with business as usual. 

(d) Consultations and Referrals. 

Comment: OGIS suggests that in 

addition to the adoption of 32 CFR part 

286, Subpart A, 286.4(i) and 286.22(e), 

Policy, that DLA offices notify 

requesters in writing of a referral, and 

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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations 30465 

the part of the request that has been 

referred and the name of a contact at the 

other agency. 

Response: The final rule implements 

this section of 32 CFR part 286, Subpart 

A, 286.4(i), which incorporates OGIS’s 

suggestion. 

Comment: EPIC suggests DLA not 

adopt 32 CFR part 286, Subpart A, 286.4 

unless it is revised. 

Response: DLA adheres to DoD 

policies, to create uniformity across DoD 

which provides greater understanding of 

the DoD FOIA Program to requesters. 

Paragraph 300.7(d) contains the 

language recommended by EPIC in its 

comment (B). 

§ 300.6 General 

(a)(2) Requests from the public. 

Comment: EPIC states that the new 

language gives DLA unharnessed 

discretion whether to comply with time 

limits; unnecessarily delay the 

processing of FOIA requests; and 

contains a broken link. 

Response: Per 32 CFR 310.17(i), DLA 

is required by law to abide by the 

statutory time limit. DLA has revised 

this paragraph to re-emphasize that 

requirement; and included a link to the 

homepage of DoD Issuances. 

§ 300.7 FOIA Request Processing 

Procedures 

(a) Receipt and Control. 

Comment: OGIS suggests including a 

new subsection that addresses 

acknowledgment of a request. 

Specifically OGIS suggests that DLA 

state that it will provide an 

acknowledgment letter confirming 

receipt of a request that includes the 

unique tracking number as well as a 

brief description of the subject of the 

request. This would help requesters as 

well as the agency keep track of 

multiple pending requests. 

Response: Per 5 U.S.C. 552(a)(7)(A), 

the final rule has been revised at § 300.7 

(a)(4) to include acknowledgement of a 

FOIA request. 

(a)(2) Receipt and Control. 

Comment: EPIC states that the 

proposed language increases the burden 

on the requester to produce errorless 

requests and suggests addressing tolling 

the time limit due to defects. EPIC 

suggests that sentences be struck from 

this section. EPIC also states the 

proposed language outright bans 

referrals outside the DoD. 

Response: At the screening phase a 

request that is not perfected cannot be 

tolled. There is no ban of referrals 

outside of DoD, to the contrary, DLA 

refers records to the originating agency 

both inside and outside of DoD. The 

regulation is revised to address tolling 

and the language relating to misdirected 

requests is removed. 

(b) Multi-track processing. 

Comment: EPIC believes that DLA is 

supplanting the statute with this section 

as it reduces the ‘‘unusual 

circumstances’’ provision of the agency. 

Response: Pursuant to the authority 

granted by 5 U.S.C. 552(a)(6)(D), DLA’s 

establishment of multi-track processing 

complies with DoD regulation and 

assists both DLA and the requester in 

recognizing when the request is 

complex in nature due to ‘‘unusual 

circumstances,’’ and may require an 

additional ten days for processing. 

DLA’s focus on customer service 

ensures the requester is informed of its 

processes and the use of multi-track 

assists DLA and requesters in achieving 

better response times. 

(d) Misdirected requests. 

Comment: EPIC recommends 

retaining the language in the current 

regulation. 

Response: DLA has amended this 

paragraph based on guidance in both the 

DOJ FOIA Guide and DoD regulation. 

DLA is not required to forward 

misdirected requests to outside DoD 

agencies. 

§ 300.8 Initial Determinations 

(a) 

Comment: OGIS suggests including 

additional information addressing the 

content of the denial letter. Specifically, 

OGIS suggests providing a brief 

description of the information DLA is 

withholding if it is possible without 

revealing exempt information. OGIS 

also recommends that DLA specifically 

address the new requirements in 5 

U.S.C. 552(b) that agencies shall (1) 

indicate, if technically feasible, the 

precise amount of information deleted 

and the exemption under which the 

deletion is made at the place in the 

record where the deletion is made, and 

(2) indicate the exemption under which 

a deletion is made on the released 

portion of the record, unless including 

that indication would harm an interest 

protected by the exemption. 

Response: The final rule has been 

revised at § 300.8(c) to include the 

elements of an initial determination 

response letter. 

(b) 

Comment: EPIC states that the 

proposed rule eliminates the mention of 

advising a requester when segregation 

was not reasonable when a release is 

denied in full. 

Response: The final rule has been 

revised at § 300.9(c) to address EPIC’s 

comment. DLA does not deny records in 

full on the grounds of reasonable 

segregability. Full denials are based on 

FOIA exemptions and should be 

appealed on this basis. 

§ 300.9 Appeals 

Comment: EPIC suggests language 

adding the right to appeal if the 

requester receives no determination. 

This subsection changes the window of 

time in which requesters may file an 

appeal from sixty to thirty calendar 

days. 

Response: DLA has revised the 

definition of an adverse determination 

(see § 300.3(b)) to include this language. 

The length of time to appeal is set by 

DoD, therefore, is outside the scope of 

DLA’s authority. 

§ 300.10 Mediation Services 

Comment: OGIS suggests renumbering 

the current § 300.10 as § 300.11 and 

inserting a new § 300.10 to inform 

requesters of the mediation services 

provided by OGIS to resolve disputes 

between FOIA requesters and DLA in 

accordance with FOIA and DoD policy. 

Response: DLA recognized the value 

of mediation and appreciates its role in 

the FOIA process, however, DoD has not 

established guidelines for using 

mediation services provided by OGIS to 

resolve disputes between FOIA 

requesters and the Agency, therefore 

this comment is not adopted. 

§ 300.11 General 

Comment: OGIS suggests that in 

addition to the adoption of 32 CFR part 

286, Subpart F, Fee Schedule that DLA 

address fee estimates and administrative 

waiver of fees. 

Response: The purpose of this rule is 

to implement 32 CFR part 286 and DLA 

finds it unnecessary to duplicate 

information published by DoD. 

List of Subjects in 32 CFR Parts 300 and 

1285 

Freedom of Information Act. 

For the reasons stated in the 

preamble, DoD amends 32 CFR chapters 

I and XII as follows: 

TITLE 32—NATIONAL DEFENSE 

CHAPTER I—OFFICE OF THE SECRETARY 

OF DEFENSE 

CHAPTER XII—DEFENSE LOGISTICS 

AGENCY 

PART 1285 [REDESIGNATED AS PART 

300 AND TRANSFERRED TO 

CHAPTER I] 

■ 1. Part 1285 is redesignated as part 

300 and transferred from chapter XII, 

subchapter B, to chapter I, subchapter 

N. 

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30466 Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations 

■ 2. Newly redesignated part 300 is 

revised to read as follows: 

PART 300—DEFENSE LOGISTICS 

AGENCY FREEDOM OF INFORMATION 

ACT PROGRAM 

Subpart A—General Provisions 

Sec. 

300.1 Purpose. 

300.2 DLA FOIA regulatory precedence. 

300.3 Definitions. 

300.4 Policy. 

Subpart B—Exemptions 

Sec. 

300.5 General. 

Subpart C—FOIA Request Processing 

Sec. 

300.6 General. 

300.7 FOIA request processing procedures. 

300.8 Initial determinations. 

300.9 Appeals. 

300.10 Judicial actions. 

Subpart D—Fees and Fee Waivers 

Sec. 

300.11 General. 

Appendix A to Part 300—Access to 

DLA Records 

Authority: 5 U.S.C. 552. 

Subpart A—General Provisions 

§ 300.1 Purpose. 

This part provides policies and 

procedures for the Defense Logistics 

Agency (DLA) implementation of the 

Freedom of Information Act (FOIA) (5 

U.S.C. 552). This part supplements and 

implements the Department of Defense 

(DoD) FOIA Program Directive (32 CFR 

part 285) and DoD FOIA Program 

Regulation (32 CFR part 286). This part 

applies to DLA Components and takes 

precedence over all DLA regulations 

that supplement the FOIA program. 

§ 300.2 DLA FOIA regulatory precedence. 

This part is published in accordance 

with the authority contained in 5 U.S.C. 

552 and 32 CFR parts 285 and 286. It 

supplements 32 CFR part 286 to 

accommodate specific requirements of 

DLA’s FOIA Program. For all FOIA 

issues not covered by this part, the rules 

set forth in 32 CFR part 286 will govern. 

§ 300.3 Definitions. 

Definitions not included in this 

subpart may be found in 32 CFR part 

286, subpart A. The following terms and 

meanings apply for the purposes of this 

part: 

(a) Administrative appeal. A written 

request by a member of the public, made 

under the FOIA, to DLA’s Appellate 

Authority requesting reversal of an 

adverse determination. An appeal may 

be mailed, emailed to hq-foia@dla.mil, 

or faxed to 703–767–6091. Appeals are 

to be addressed to the Appellate 

Authority, Defense Logistics Agency, 

Suite 1644, 8725 John J. Kingman Road, 

Fort Belvoir, Virginia 22060–6221. 

(b) Adverse determination. Adverse 

determinations include, but are not 

limited to decisions that: Withhold all 

or part of a requested record; deny a fee 

category claim by a requester; deny a 

request for waiver or reduction of fees; 

deny requesters challenge of fee 

estimates; denies a request for expedited 

processing; state that no records were 

located; do not provide a response 

within the statutory time limit; or what 

the requester believes is adverse in 

nature. 

(c) Appellate authority. The General 

Counsel, DLA, who upon receipt of an 

administrative appeal, reviews the 

initial determination and may uphold, 

reverse or amend any adverse 

determination. 

(d) Consultation. The process 

whereby a DoD Component receives a 

FOIA request for a record in which 

another DoD Component or Federal 

agency has a clear and substantial 

interest in the subject matter, the 

responsive record is sent to another DoD 

Component or Federal agency to obtain 

recommendations on the releasability of 

the document and is returned to the 

originator for further action. 

(e) Defense Freedom of Information 

Policy Office (DFOIPO). The office 

responsible for the formulation and 

implementation of DoD policy guidance 

for FOIA. For information about 

DFOIPO refer to http://www.dod.mil/

pubs/foi/dfoipo/. 

(f) Direct costs. Expenditures made in 

searching for, reviewing, and 

duplicating documents in response to a 

FOIA request. Direct costs include, for 

example, the salary of the employee 

performing the work (the basic rate of 

pay plus 16 percent of that rate to cover 

benefits) and the costs of operating 

duplicating machinery. Not included in 

direct costs are overhead expenses such 

as the cost of space, heating, or lighting 

the facility in which the records are 

stored. 

(1) Search. This term includes all time 

spent looking, both manually and 

electronically, for records that are 

responsive to a FOIA request, such as: 

(i) Searching for responsive emails or 

electronic documents located on 

individually-assigned computers or 

servers; 

(ii) Time taken by a programmer to 

create a program to run a requested 

report from a database; or 

(iii) Searching through hardcopy files 

to include records stored at a Federal 

Records Center. The term ‘‘search’’ also 

includes a page-by-page and line-by-line 

identification of a record to determine if 

it, or portions, are responsive to the 

request. 

(2) Duplication. The process of 

making a copy of a document in 

response to a FOIA request. Copies can 

take the form of paper, microfiche, 

audiovisual or machine-readable 

documentation (e.g., magnetic tape or 

compact disc), among others. Personnel 

time spent performing tasks to enable a 

computer system to output information 

in a particular digital form or format for 

a requester is considered search time. 

Search time is calculated according to 

32 CFR part 286, subpart F. 

(3) Review. The examination of 

documents located in response to a 

FOIA request to determine if any of the 

statutory exemptions permit 

withholding. Review also includes the 

time taken to redact documents, 

preparing them for release and 

reviewing submitter responses under 

Executive Order 12600. Review does not 

include the time spent resolving general 

legal or policy issues regarding the 

application of exemptions. 

(g) DLA component. DLA Components 

consist of Headquarters Organizations, 

Primary Level Field Activities, Defense 

Business Services, Regional Commands, 

and other Organizational entities. A 

description of DLA Components can be 

found at www.dla.mil. 

(h) DLA FOIA Requester Service 

Center. DLA Office’s authorized to 

receive and process FOIA requests and 

where a FOIA requester can gain 

information concerning DLA’s FOIA 

Program, the status of the person’s FOIA 

request, or information about the 

agency’s FOIA response. Refer to 

Appendix A of this part for locations of 

FOIA Requester Service Centers or for 

additional information refer to DLA’s 

public Web site at www.dla.mil/FOIAPrivacy. 

(i) Electronic records. Records 

(including email) created, stored, and 

retrieved by electronic means. 

(j) Federal agency. This term is 

defined at 5 U.S.C. 551(1) and 5 U.S.C. 

552(f)(1). 

(k) FOIA officer. DLA employee who 

is responsible for processing FOIA 

requests and is a point of contact for the 

FOIA program. The FOIA Officer grants 

or denies requests for fee waivers or 

expedited processing and makes 

requester category determinations. 

(l) FOIA Public Liaison. The member 

of DLA’s Headquarters FOIA staff to 

whom a FOIA requester can raise 

concerns about the service the requester 

received from a DLA FOIA Requester 

Service Center. The FOIA Public Liaison 

is available to assist in reducing delays, 

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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations 30467 

increasing transparency; increasing 

understanding of the status of requests 

and assists with resolving disputes. 

(m) FOIA request. A written request 

for DLA records that reasonably 

describes the record(s) sought, enabling 

a DLA employee familiar with the files 

to locate the record(s) with a reasonable 

amount of effort; indicates a willingness 

to pay processing fees or requests a fee 

waiver; and includes a postal mailing 

address and contact information. A 

willingness to pay fees is not required 

when, based upon the request, fees will 

not be assessed (e.g. an ‘‘other’’ 

requester requests a document that is 

certain to be less than 100 pages and 

will take less than two hours of search 

time). Written requests may be received 

by U.S. Postal Service or other 

commercial delivery means, by 

facsimile, or electronically. A FOIA 

request meeting these conditions, 

arriving at DLA’s FOIA Requester 

Service Center in possession of the 

requested records, is considered 

perfected or properly received at which 

time the statutory time limit for 

response begins. In no case shall the 

statutory time limit for processing a 

perfected request begin later than ten 

business days after receipt by any of 

DLA’s FOIA Request Service Centers. 

(n) Initial denial authority (IDA). By 

this regulation, the Director, DLA, 

delegates to Heads of DLA Components 

the authority to withhold information 

requested under the FOIA pursuant to 

one or more of the nine FOIA 

exemptions and to confirm that no 

records were located in response to a 

request. The designation of IDA may be 

further delegated by the Heads of DLA 

Components to their Deputies. DLA 

Components shall limit the number of 

IDAs appointed. In designating its IDAs, 

a DLA Component shall balance the 

goals of centralization of authority to 

promote uniform decisions and 

decentralization to facilitate responding 

to each request within the time 

limitations of the FOIA. IDAs may also 

deny a fee category claim by a requester, 

deny a request for expedited processing, 

deny a request for a waiver or reduction 

of fees, or review a fee estimate, 

although these determinations are 

usually made by the FOIA Officer. 

(o) Referral. The process of 

transferring records found in response 

to a FOIA request to another DLA or 

DoD Component, or any Federal agency 

for review and direct response to the 

requester. This process is used when 

documents located during a search are 

found to have originated or there is a 

substantial interest in the record with 

another DLA or DoD Component, or 

Federal agency. 

(p) Requester category. One of three 

categories that agencies place requesters 

in for the purpose of determining fees 

for search, review and duplication. The 

three categories are: 

(1) Commercial; 

(2) Non-commercial scientific or 

educational institutions or news media; 

and 

(3) All others. 

§ 300.4 Policy. 

DLA adopts and supplements the DoD 

FOIA Program policy and procedures 

codified at 32 CFR part 286, subpart A, 

General Provisions and subpart B, FOIA 

Reading Rooms and 32 CFR part 285. 

(a) General. As a matter of policy, 

DLA shall make discretionary 

disclosures of exempt records or 

information whenever disclosure would 

not foreseeably harm an interest 

protected by a FOIA exemption, but this 

policy does not create any right 

enforceable in court. The public has a 

right to information concerning the 

activities of its Government. DLA policy 

is to conduct its activities in an open 

manner and provide the public with a 

maximum amount of accurate and 

timely information concerning its 

activities, consistent always with the 

legitimate public and private interests of 

the American people. A DLA record 

requested by a member of the public 

who follows rules established herein 

shall be withheld only when it is 

exempt from mandatory public 

disclosure under the FOIA. 

(b) Customer Service. Executive Order 

13392, Improving Agency disclosure of 

Information, December 14, 2005, 

requires agencies to emphasize a new 

citizen-centered approach to the FOIA 

that is results-oriented. Because FOIA 

requesters are seeking a service from the 

Federal Government, all DLA 

Components shall respond courteously 

and professionally to FOIA requesters. 

Additionally, the Components shall 

provide the public with information 

about agency records that are already 

publicly available, as well as 

information about the status of a 

person’s FOIA request and an estimated 

date on which DLA’s Component will 

complete the request. Refer to Appendix 

A of this part for DLA FOIA Requester 

Service Center contact information. 

(1) To meet the requirements of 

Executive Order 13392, each FOIA 

Requester Service Center shall have an 

internet Web site that serves to educate 

the public on the FOIA process. At a 

minimum, each Web site shall have the 

address, telephone number, facsimile 

number, and electronic mail address to 

which FOIA requests can be sent; a link 

to DoD’s FOIA handbook; the name and 

contact information of DLA’s FOIA 

Officer and Public Liaison; and 

information on how a requester can 

obtain the status of a request. 

Additionally, each FOIA Requester 

Service Center Web site will have links 

to DLA’s Headquarters FOIA/Privacy 

Web site reading room. 

(2) [Reserved] 

(c) Creating a Record. (1) There is no 

obligation to create nor compile a record 

to satisfy an FOIA request. A DLA 

activity, however, may compile a new 

record when doing so would result in a 

more useful response to the requester or 

be less burdensome to the activity 

provided the requester does not object. 

The cost of creating or compiling such 

a record may not be charged to the 

requester unless the fee for creating the 

record is equal to or less than the fee 

which would be charged for providing 

the existing record. Fee assessments 

shall be in accordance with part 286, 

subpart F, of this title. 

(2) A record must exist and be in the 

possession and control of DLA at the 

time the search begins to be considered 

subject to this part and the FOIA. 

(3) When processing FOIA requests 

for electronic data, if DLA’s Component 

has the capability to respond to the 

request, and the effort is reasonable and 

would be a business as usual approach, 

then the request should be processed. 

However, the request need not be 

processed where the capability to 

respond does not exist without a 

significant expenditure of resources, 

thus not being a normal business as 

usual approach. For example: 

Processing a request that would cause a 

significant interference with the 

operation of DLA’s Component’s 

automated system or require a 

significant amount of programming 

effort. 

(d) Consultations and Referrals. The 

rules published in part 32 CFR part 286, 

subpart A, §§ 286.4(i) and 286.22(e), 

Policy, apply to this rule. 

(e) Forms. This part authorizes the use 

of forms developed by DoD and DLA for 

the express use of the FOIA Program. 

Refer to www.dla.mil for a list of all 

forms prescribed by this part. 

Subpart B—Exemptions 

§ 300.5 General. 

Refer to the DoD FOIA Program 

regulations codified at 32 CFR part 286, 

subpart C, Exemptions. 

Subpart C—FOIA Request Processing 

§ 300.6 General. 

DLA adopts and supplements the DoD 

FOIA Program regulations codified at 32 

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30468 Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations 

CFR part 286, subpart E, Release and 

Processing Procedures. 

(a) Requests from the public. (1) 

Individuals seeking DLA information 

should address their FOIA requests to 

one of the FOIA Requester Service 

Center addresses listed in Appendix A 

of this part. 

(2) When personally identifying 

information in a record is requested by 

the subject of the record or the subject’s 

representative, and the information is 

contained within a Privacy Act system 

of records, the request will be processed 

under both the FOIA and the Privacy 

Act. Due to the dual nature of the 

processing, the FOIA time limits will be 

used. DLA Components must comply 

with the provisions of 32 CFR 310.17(c) 

to confirm the identity of the requester. 

(b) [Reserved] 

§ 300.7 FOIA request processing 

procedures. 

(a) Receipt and Control. Requests 

received after 5:00 p.m. EST will be 

considered received the following 

business day. Upon receipt of a request 

for records, the FOIA Officer must: 

(1) Open a file in DLA’s specified 

control system designed to ensure 

accountability and compliance with the 

FOIA. The control system will include 

the data elements needed to compile the 

statistics required in the annual 

Department of Justice FOIA report or 

other reports required by another 

authority. Each request shall 

automatically be assigned a unique 

tracking number. 

(2) Screen the request for defects in 

the description, the requester category, 

the fee declaration, and full postal 

address. The FOIA Officer will notify 

the requester of any such defects and 

provide assistance to help remedy the 

defects. The FOIA Officer will place the 

request on-hold until the request is 

perfected. When a DLA FOIA Requester 

Service Center receives a request for 

records that clearly belong to an agency 

outside of DoD, the requester shall be 

told these are not agency records and, if 

possible, provide the name of the 

agency that may hold the records. No 

referral of the request is made outside of 

DoD. 

(3) Once a request is perfected, DLA 

may make one request for additional 

information unrelated to fees and toll 

the 20 working-day period while 

awaiting the information. Tolling the 20 

working-day period is not limited for fee 

related issues. 

(4) DLA will provide the requester 

with the FOIA tracking number and the 

track in which the FOIA was placed (see 

§ 300.7(b)). Each DLA FOIA Requester 

Service Center has a telephone line to 

inform the requester of the status of 

their request (see Appendix A of this 

part). 

(5) DLA uses the date-of-search cut-off 

(this cut-off is the day before the search 

begins) to ensure that as many records 

as possible will be captured by the 

agency’s search. A FOIA request may 

not be on-going or open-ended in 

nature. DLA Components are 

responsible for providing records in 

possession and control of DLA at the 

time the search for records begins. DLA 

Components are not required to expend 

DLA funds to establish data links that 

provide real-time or near-real-time data 

to a FOIA requester. 

(b) Multi-track Processing. DLA 

components shall process requests with 

all due diligence according to their 

order of receipt. A DLA component uses 

three processing tracks by 

distinguishing between simple, 

complex, and expedited requests based 

on the need to search and collect from 

multiple directorates/locations; the need 

to search for, collect and appropriately 

examine a voluminous amount of 

records; and/or the need to consult with 

other DLA or DoD Components having 

a substantial interest in the releasability 

of the record. Requesters are notified in 

the acknowledgement letter of the track 

the request is placed in. Requests placed 

in the simple track will typically be 

completed within the statutory time 

limit for responding to requests. 

Requests placed in the complex track 

may be narrowed or modified in order 

to qualify for faster processing within 

the specified limits of DLA’s simple 

track. Expedited processing must be 

requested and a requester who seeks 

expedited processing must submit a 

statement, certified to be true and 

correct to the best of that person’s 

knowledge and belief, explaining in 

detail the basis for requesting expedited 

processing. Within ten calendar days of 

its receipt of a request for expedited 

processing, the proper component shall 

decide whether to grant expedited 

processing and shall notify the requester 

of the decision. If a request for 

expedited processing is granted, the 

request shall be given priority and 

processed as soon as practicable. If a 

request for expedited processing is 

denied, any appeal of that decision shall 

be acted on expeditiously. Refer to the 

DoD FOIA Handbook for information on 

multi-track processing (http://

www.dod.mil/pubs/foi/dfoipo/

foiaHandbook.html#long). 

(c) Payments in Arrears. Where a 

requester has previously failed to pay a 

fee charged within 30 calendar days, 

DLA may require the requester to pay 

the full amount owed, plus any 

applicable interest, before beginning to 

process a new or pending request from 

the requester (see OMB Fee Guidelines 

(http://www.dod.gov/pubs/foi/dfoipo/

docs/OMBGuidelines_FOIAFees.pdf)). 

Interest will be at the rate prescribed in 

31 U.S.C. 3717, and confirmed with the 

servicing Financial Operations Office. 

(d) Misdirected Requests. A 

misdirected request is a request received 

by DLA’s FOIA Office for records 

maintained by another DLA or DoD 

Component. Misdirected requests shall 

be forwarded promptly, but in any event 

not later than ten days after the request 

is first received by any component of 

the agency that is designated in this 

regulation to receive requests (see 

Appendix A of this part). The receiving 

FOIA Office shall route the request to 

the proper DLA or DoD FOIA Office and 

the response time will commence on the 

date that the request is received by the 

proper FOIA Office, but not later than 

ten working days after the request is 

first received by any DLA or DoD FOIA 

Office. Misdirected FOIA requests are 

not forwarded outside of DoD. 

§ 300.8 Initial determinations. 

(a) The initial determination is 

whether to make a record available in 

response to a FOIA request. A full 

release may be made by an official 

knowledgeable of the record, with 

authority to determine that no harm 

would come from release. Adverse 

determinations (refer to § 300.3(b)) must 

be made by the designated Initial Denial 

Authority (IDA) except for 

determinations made regarding the 

requester category and requests for fee 

waivers or expedited processing. By this 

regulation, the Director, DLA, delegates 

to Heads of DLA Components (see 

§ 300.3(h)) the designation of IDA. The 

designation of IDA may be further 

delegated by the Heads of DLA 

Components to their Deputies. The IDA 

shall review all recommendations for 

withholding information and whether 

the criteria for withholding under one or 

more FOIA exemptions are met. DLA 

has IDAs throughout the agency; and 

each IDA will make the determination 

for records within their area of 

functional responsibility. If a request 

involves records from more than one 

functional area, consultation will be 

done with all responsible IDAs but will 

be signed by the IDA assigned the 

primary responsibility for processing 

the request. 

(b) The FOIA requires that any 

reasonably segregable portion of a 

record must be released after 

appropriate application of the Act’s nine 

exemptions. Segregation is not 

reasonable when it would produce an 

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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations 30469 

essentially meaningless set of words and 

phrases, or even sentences which taken 

separately or together have minimal or 

no information content. 

(c) If information is withheld in whole 

or part, DLA will provide in a response 

letter the exemption under which the 

withholding is made, a description of 

the type of information redacted, the 

name and title or position of the IDA 

and the administrative appeal rights. 

When information is withheld in full, 

DLA will provide an estimate of the 

volume withheld. This estimate should 

be in number of pages or in some other 

reasonable form of estimation. When 

information is withheld in part, DLA 

will show the redacted amount of 

information and the exemption under 

which the redaction is made on the 

released portion of the record, unless 

including that indication would harm 

an interest protected by the exemption 

under which the redaction is made. 

§ 300.9 Appeals. 

When an IDA makes an adverse 

determination (see § 300.3(b)) the 

requester may appeal that decision in 

writing to the designated appellate 

authority (see § 300.3(a)). An appeal 

must be made in writing to DLA’s 

Appellate Authority and must be 

postmarked within the appeal time 

limits of the DoD FOIA Program 

Regulation at 32 CFR 286.24. The appeal 

should be accompanied by copies of the 

initial request and the denial letter. 

§ 300.10 Judicial actions. 

DLA adopts the DoD FOIA Program 

regulations codified at 32 CFR part 286, 

subpart E, Release and Processing 

Procedures. 

Subpart D—Fees and Fee Waivers 

§ 300.11 General. 

DLA adopts the rules and rates 

published in 32 CFR part 286, subpart 

F, Fee Schedule. In addition, DLA 

considers fees charged by a Federal 

Records Center to retrieve and re-file 

records a part of the direct costs charged 

to requesters. 

APPENDIX A TO PART 300—GAINING 

ACCESS TO DLA RECORDS 

(a) General. (1) The Defense Logistics 

Agency, established pursuant to authority 

vested in the Secretary of Defense, is an 

agency of DoD under the direction, authority, 

and control of the Assistant Secretary of 

Defense for Logistics and Materiel Readiness, 

and is subject to DoD policies, directives, and 

instructions. 

(2) DLA is comprised of several 

Components and each DLA Component is 

responsible for maintaining its own records; 

therefore, FOIA requests should be addressed 

to the FOIA Requester Service Center that has 

custody of the record sought. (See paragraph 

(c) of this appendix.) DLA FOIA Officers will 

assist requesters in determining the correct 

DLA Requester Service Center to address 

requests. (See paragraph (c) of this appendix 

and DLA’s public Web site at www.dla.mil.) 

(3) On DLA’s public Web site is an index 

to assist in locating DLA records by category, 

organization, keyword search, or by contract 

prefix. The index is titled ‘‘Index of 

Information at DLA FOIA Service Centers’’ at 

www.dla.mil/FOIA-Privacy/servindex/pages/

category.aspx. 

(b) Requester Requirements. (1) Requesters 

are responsible for submitting a perfected 

request as defined in § 300.3(m), FOIA 

Request. 

(2) Addressing Requests. Address requests 

to DLA’s FOIA Requester Service Center most 

likely to hold the records (see paragraph (c) 

of this appendix for the contact information 

of DLA FOIA Requester Service Centers 

designated to receive FOIA requests). If 

DLA’s FOIA Requester Service Center is 

undeterminable, address requests to DLA 

Headquarters FOIA Requester Service Center 

for proper routing. 

(3) Availability of DLA Publications. Many 

unrestricted DLA regulations, manuals, and 

handbooks are available online. Visit DLA’s 

FOIA/Privacy Web site for more information 

at http://www.dla.mil/foia-privacy/. 

(c) Locations of DLA FOIA Requester 

Service Centers. Refer to the FOIA/Privacy 

Web page at http://www.dla.mil/FOIAPrivacy/pages/foiapocs.aspx for current 

points of contact at each of the DLA’s FOIA 

Requester Service Centers. 

(1) Defense Logistics Agency Headquarters, 

ATTN: DGA, 8725 John J. Kingman Rd., Ste 

1644, Fort Belvoir, VA 22060–6221, Fax: 

703–767–6091, Email: hq-foia@dla.mil— 

Responsible for broad functional areas, such 

as Office of the Director, General Counsel, 

Small Business Programs, DLA Office of 

Inspector General, Legislative Affairs, Equal 

Employment Opportunity Office, Installation 

Support, Human Resources, Logistics 

Operations, Information Operations, 

Acquisition, and Financial Operations. This 

FOIA Requester Service Center also processes 

FOIA requests for the following locations: 

(i) DLA Transaction Service, WrightPatterson AFB, Ohio—Editing/routing of 

logistics transactions, network 

interoperability and eBusiness services. 

(ii) DLA Strategic Materials, Fort Belvoir, 

Va.—Manages the strategic and critical raw 

material stockpile that supports national 

defense needs. 

(iii) DLA Europe & Africa, Kaiserslautern, 

Germany—Focal point for U.S. European 

Command’s and U.S. Africa Command’s 

theater of operations. 

(iv) DLA Pacific, Camp Smith, Hawaii— 

Focal point for U.S. Pacific Command’s 

theater of operations. 

(v) DLA Central, MacDill AFB, Fla.—Focal 

point for U.S. Central Command’s theater of 

operations. 

(2) DLA Energy, 8725 John J. Kingman Rd., 

Ste 3729, Fort Belvoir, VA 22060–6222, Fax: 

703–767–5022, Email: dlaenergy.efoia@

dla.mil—Fuel, energy support and services, 

and bulk petroleum. 

(3) DLA Land and Maritime, ATTN: GC, 

3990 E. Broad Street, Columbus, OH 43218– 

3990, Fax: 614–692–4385, Email: dscc.efoia@

dla.mil—Maritime and land weapons system 

supply chains. 

(4) DLA Aviation, 8000 Jefferson Davis 

Highway, Richmond, VA 23297–5000, Fax: 

804–279–4137, Email: foia.dscr@dla.mil— 

Aviation supply chain. 

(5) DLA Troop Support, 700 Robbins 

Avenue, Bldg 36, Philadelphia, PA 19111– 

5096, Fax: 215–737–2151, Email: 

DLATroopSupportFOIAerequest@dla.mil— 

Subsistence, clothing, and textiles, medical, 

and construction and equipment supply 

chains. 

(6) DLA Distribution, ATTN: DDC–GC, 

Mission Drive, Bldg 81, New Cumberland, 

PA 17070–5000, Fax: 717–770–5685, Email: 

ddc-efoia@dla.mil—Worldwide network of 

25 distribution depots and nine map support 

offices. 

(7) DLA Disposition Services and DLA 

Logistics Information Service, 74 Washington 

Avenue North, Battle Creek, MI 49017–3084, 

Fax: 269–961–4534, Email: drmsefoia@

dla.mil. 

(i) Disposition Services: Reutilization, 

transfer, demilitarization, and environmental 

disposal and reuse. 

(ii) Logistics Information Service: Manages 

a wide range of logistics information and 

identification systems. 

(8) DLA Document Services, 5450 Carlisle 

Pike, Bldg 9, P.O. Box 2020, Mechanicsburg, 

PA 17055–0788, Fax: 717–605–3999, Email: 

foia.docsvcs@dla.mil—Automated document 

production, printing services, digital 

conversion and document storage. 

Dated: May 21, 2014. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2014–12099 Filed 5–27–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 225, 237, 242, and 

252 

RIN 0750–AI01 

Defense Federal Acquisition 

Regulation Supplement: Contractor 

Personnel Supporting U.S. Armed 

Forces Deployed Outside the United 

States (DFARS Case 2013–D015) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to align it with revisions to the 

DoD Instruction on operational contract 

support. 

DATES: Effective May 28, 2014. 

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