33180 Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Proposed Rules 

1Copies of DoD Directives, Instructions, and 

Publications may be obtained at http:// 

www.dtic.mil/whs/directives/. 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 917 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: May 4, 2007. 

Michael K. Robinson, 

Acting Regional Director. 

[FR Doc. E7–11586 Filed 6–14–07; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 285 

[DoD–2007–OS–0041] 

[RIN 0790–AI21] 

DoD Freedom of Information Act 

(FOIA) Program 

AGENCY: Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: The Department of Defense is 

proposing to update current policies 

and procedures to reflect the DoD FOIA 

Program as prescribed by Executive 

Order 13392. The proposed changes will 

ensure appropriate agency disclosure of 

information, and offer consistency with 

the with the goals of section 552 of title 

5, United States Code. 

DATES: Comment must be received on or 

before August 14, 2007. Do not submit 

comments directly to the point of 

contact or mail your comments to any 

address other than what is shown 

below. Doing so will delay the posting 

of the submission. 

ADDRESSES: You may submit comments, 

identified by docket number and or RIN 

number and title, by any of the 

following methods: 

• Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submission from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

James Hogan (703) 696–4699. 

SUPPLEMENTARY INFORMATION: 

Executive Order 13132, ‘‘Federalism’’

It has been certified that this rule 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. 

Executive Order 12630, ‘‘Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights’’

It has been certified that this rule does 

not: 

(1) Place a restriction on a use of 

private property; 

(2) Involve a permitting process or 

any other decision-making process that 

will interfere with, or otherwise 

prohibit, the use of private property; or 

(3) Regulate private property use for 

the protection of public health or safety. 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’

It has been certified that this 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 section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribunal 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 this Executive Order. 

Executive Order 13045, ‘‘Protection of 

Children From Environmental Health 

Risks and Safety Risks’’

It has been certified that this rule does 

not present any environmental health or 

safety effects on children. 

Unfunded Mandates Reform Act (Sec. 

202, Pub. L. 104–4) 

It has been certified that this rule does 

not contain a Federal mandate that may 

result in the expenditure by State, local 

and tribunal governments, in aggregate, 

or by the private sector, of $100 million 

or more in any one year. 

National Environmental Policy Act 

It has been certified that this rule does 

not significantly affect the quality of the 

human environment. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified 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. 

Public Law 96–511, ‘‘Paperwork 

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

It has been certified that this rule does 

not impose reporting or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995. The reporting 

and recordkeeping requirements have 

been submitted to OMB for review. 

List of Subjects in 32 CFR Part 285 

Freedom of information. 

Accordingly, 32 CFR part 285 is 

proposed to be revised to read as 

follows. 

PART 285—DOD FREEDOM OF 

INFORMATION ACT (FOIA) PROGRAM 

Sec. 

285.1 Purpose. 

285.2 Applicability and scope. 

285.3 Policy. 

285.4 Responsibilities. 

285.5 Information requirements. 

Authority: 5 U.S.C. 552. 

§ 285.1 Purpose. 

This part: 

(a) Update policies and 

responsibilities for implementing the 

DoD FOIA Program in accordance with 

5 U.S.C. 552 (commonly known as the 

‘‘FOIA’’). 

(b) Continues to authorize 32 CFR part 

286 to implement the FOIA Program. 

(c) Implements E.O. 13392 within the 

Department of Defense. 

(d) Continues to delegate authorities 

and responsibilities for the effective 

administration of the FOIA Program 

consistent with DoD Directive 5105.53.1

§ 285.2 Applicability and scope. 

This part applies to: 


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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Proposed Rules 33181 

(a) The Office of the Secretary of 

Defense (OSD), the Military 

Departments, the Chairman of the Joint 

Chiefs of Staff, the Combatant 

Commands, the Office of the Inspector 

General of the Department of Defense, 

the Defense Agencies, the DoD Field 

Activities, and all other organizational 

entities in the Department of Defense 

(hereafter referred to collectively as the 

‘‘DoD Components’’). 

(b) National Security Agency/Central 

Security Service records, unless the 

records are exempt according to 50 

U.S.C. 402. 

(c) Defense Intelligence Agency, 

National Reconnaissance Office, and 

National Geospatial-Intelligence Agency 

records, unless the records are exempt 

according to 50 U.S.C. 403–5e, 10 U.S.C. 

424 and 455, or other applicable law. 

§ 295.3 Policy. 

It is DoD policy to: 

(a) Promote public trust by making the 

maximum amount of information 

available to the public, in both hard 

copy and electronic formats, on the 

operation and activities of the 

Department of Defense, consistent with 

the DoD responsibility to protect 

national security and other sensitive 

DoD information. 

(b) Allow a requester to obtain records 

from the Department of Defense that are 

available through other public 

information services without invoking 

the FOIA. 

(c) Make available, according to the 

procedures established by 5 U.S.C. 552, 

DoD records requested by a member of 

the public who explicitly or implicitly 

cites the FOIA. 

(d) Answer promptly all other 

requests for DoD information and 

records under established procedures 

and practices. 

(e) Release DoD records to the public 

unless those records are exempt from 

disclosure as outlined in 5 U.S.C. 552. 

(f) Process requests by individuals for 

access to records themselves contained 

in a Privacy Act system of records 

according to the procedures set forth in 

32 CFR part 310 and this part, as 

amplified by 32 CFR part 286. 

(g) Provide FOIA requesters with 

citizen-centered ways to learn about the 

FOIA process, about DoD records that 

are publicly available, and about the 

status of a FOIA request and appropriate 

information about the DoD response. 

§ 285.4 Responsibilities. 

(a) The Director, Administration and 

Management (DA&M), shall: 

(1) Serve as the DoD Chief FOIA 

Officer in accordance with E.O. 13392. 

(2) Direct and oversee the DoD FOIA 

Program to ensure compliance with the 

policies and procedures that govern 

administration of the program. 

(3) Designate the FOIA Public 

Liaisons for the Department of Defense 

in accordance with E.O. 13392. The 

FOIA Public Liaison for OSD, the 

Chairman of the Joint Chiefs of Staff, 

and the Combatant Commands shall be 

appointed from the Defense Freedom of 

Information Policy Office (DFOIPO). 

(4) Prepare and submit to the Attorney 

General the DoD Annual Freedom of 

Information Act Report as required by 5 

U.S.C., and other reports as required by 

E.O. 13392. 

(5) Serve as the appellate authority for 

appeals to the decisions of the 

respective Initial Denial Authorities 

within OSD, the Chairman of the Joint 

Chiefs of Staff, the DoD Field Activities 

(listed in 32 CFR part 286), and the 

Combatant Commands. The DA&M or 

Washington Headquarters Services 

(WHS) staff. 

(6) Prepare and maintain a DoD 

issuance and other discretionary 

information to ensure timely and 

reasonably uniform implementation of 

the FOIA in the Department of Defense. 

(b) The Director, WHS, under the 

authority, direction, and control of the 

DA&M, shall administer the FOIA 

Program, inclusive of training, for OSD 

and the Chairman of the Joint Chiefs of 

Staff. 

(c) The General Counsel of the 

Department of Defense shall: 

(1) Provide uniformity in the legal 

interpretation of this part. 

(2) Ensure affected OSD legal 

advisors, public affairs officers, and 

legislative affairs officers are aware of 

releases through litigation channels that 

may be of significant public, media, or 

Congressional interest, or of interest to 

senior DoD officials. 

(3) Establish procedures to centralize 

processing of FOIA litigation documents 

when deemed necessary. 

(d) The Under Secretary of Defense for 

Intelligence shall establish uniform 

procedures regarding the 

declassification of national security 

information made pursuant to requests 

invoking the FOIA. 

(e) The Heads of the DoD Components 

shall: 

(1) Internally administer the DoD 

FOIA Program; publish any instructions 

necessary for the administration of this 

part within their Components that are 

not prescribed by this part or by other 

DA&M issuances in the Federal 

Register. 

(2) Serve as, or appoint another 

Component official as, the FOIA 

appellate authority for the Component. 

(3) Establish one or more FOIA 

Requester Service Centers as prescribed 

by E.O. 13392. 

(4) Submit names of personnel to the 

DA&M for designation as FOIA Public 

Liaisons. 

(5) Ensure their respective chains of 

command, affected legal advisors, 

public affairs officers, and legislative 

affairs officers are aware of releases 

through the FOIA, inclusive of releases 

through litigation channels, that may be 

of significant public, media, or 

Congressional interest, or of interest to 

senior DoD officials. 

(6) Conduct training on the provisions 

of this part, 5 U.S.C. 552, and 32 CFR 

part 286 for officials and employees 

who implement the FOIA. 

(7) Submit to DFOIPO inputs to the 

DoD FOIA Annual Report prescribed in 

32 CFR part 286 and E.O. 13392. 

(8) Make records specified in 5 U.S.C. 

552(a)(2), unless such records are 

published and copies are offered for 

sale, available for public inspection and 

copying in an appropriate facility or 

facilities, according to rules published 

in the Federal Register. These records 

shall be made availale to the public in 

both hard copy and electronic formats. 

(9) Maintain and make current indices 

of all records available for public 

inspection and copying, a required by 5 

U.S.C. 552(a)(2). 

§ 285.5 Information requirement. 

The reporting requirements of 32 CFR 

part 286 have been assigned Report 

Control Symbol D–DA&M(A)1365 in 

accordance with DoD 8910.1–M. 

Dated: June 11, 2007 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, DoD. 

[FR Doc. 07–2950 Filed 6–14–07; 8:45 am] 

BILLING CODE 5401–06–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–07–031] 

RIN 1625–AA00 

Safety Zone; Roostertail Fireworks, 

Detroit River, Detroit, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a temporary safety zone on 

the Detroit River, Detroit, Michigan. 

This Zone is intended to restrict vessels 


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