80744 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 

of clinical work and 100 hours of faceto-face supervision; and 

(3) Is licensed or certified to practice 

as a mental health counselor by the 

jurisdiction where practicing (see 

paragraph (c)(3)(iv)(D) of this section for 

more specific information); and 

(4) May only be reimbursed when: 

(i) The TRICARE beneficiary is 

referred for therapy by a physician; and 

(ii) A physician is providing ongoing 

oversight and supervision of the therapy 

being provided; and 

(iii) The mental health counselor 

certifies on each claim for 

reimbursement that a written 

communication has been made or will 

be made to the referring physician of the 

results of the treatment. Such 

communication will be made at the end 

of the treatment, or more frequently, as 

required by the referring physician 

(refer to § 199.7 of this part); and 

(iv) The date of services provided is 

on or before December 31, 2014. 

* * * * * 

Dated: December 21, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2011–33109 Filed 12–23–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[DOD–2010–OS–0043; RIN 0790–AI62] 

32 CFR Part 222 

DoD Mandatory Declassification 

Review (MDR) Program 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This part implements policy 

established in DoD Instruction 5200.01. 

It assigns responsibilities and provides 

procedures for members of the public to 

request a declassification review of 

information classified under the 

provisions of Executive Order 13526, or 

predecessor orders. 

DATES: Effective Date: This rule is 

effective January 26, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Robert Storer, (571) 372–0483. 

SUPPLEMENTARY INFORMATION: The 

Department of Defense published a 

proposed rule on September 27, 2010 

(75 FR 59176–59179). Three sets of 

comments were received and are 

addressed below. 

Comment 1: As an initial matter, this 

proposed rule contains no paragraph (j), 

and there appears to be no current 

paragraph (j) to which this could be 

referring. While it is entirely reasonable 

for the DoD to amend this rule later to 

cover the issue of fees, it is improper for 

the DoD to include a reference now to 

a potential later amendment that will 

itself have to go through the notice and 

comment rulemaking procedure. It is far 

more reasonable to leave this 

subparagraph out of the current iteration 

and add it when the actual paragraph (j) 

is added to the rule. 

Response 1: Paragraph revised to be 

consistent with section 2001.33(e) of 32 

CFR (see section 222.10). 

Comment 2: It is entirely proper that 

a requester shall not be given MDR 

appeal rights for records withheld 

pursuant to FOIA exemptions. However, 

it is not proper for records to be 

withheld pursuant to FOIA exemptions 

as part of the MDR process without 

providing the proper appeal rights that 

accompany all FOIA withholding 

decisions. 

Response 2: The FOIA and MDR 

process are separate and distinct 

processes. A MDR is not a FOIA 

Request; a requester does not have the 

right to appeal MDR’s denied under 

FOIA exemptions without having filed a 

FOIA Request. If a requester is denied 

under the rules of FOIA, the requester 

must submit a FOIA request for those 

records in order to have the exemptions 

examined. (See par 4 and par 5(c)3(d) of 

section 222.5.) 

Comment 3: Proposed Section 

222.5(a)(vii) reads as follows: ‘‘This 

section shall not apply to any request 

for a review made to an element of the 

Intelligence Community that is made by 

a person other than an individual as that 

term is defined by 5 U.S.C. 552a(a)(2), 

or by a foreign government entity or any 

representative thereof.’’ 

This language differs meaningfully 

from the interpretive guidance rules in 

Section 32 CFR 2001.33(i), which say, in 

part, ‘‘requests for mandatory 

declassification review made to an 

element of the Intelligence Community 

by anyone other than a citizen of the 

United States or an alien lawfully 

admitted for permanent residence may 

be denied by the receiving Intelligence 

Community element.’’ 

Response 3: Section removed from 

final rule. 

4: Comments from DoD Internal 

review of proposed rule: 

a. Change the Executive Order in the 

last line of Paragraph 1 from 12958 to 

13526. 

b. Appoint an appellate authority and 

process MDR appeals for information 

originating in the OSD, the Office of the 

Chairman of the Joint Chiefs of Staff and 

the Joint Staff, and DoD components not 

listed in the Appendix to Enclosure 2. 

c. Insert reference to DoD 5200.1–R so 

the paragraph reads ‘‘The DoD 

Components shall process MDR requests 

* * * in accordance with DoD 5200.1– 

R and Part 2001 of title 32 * * *’’ 

d. Replace paragraph 7.b with the 

following (or similar) statement: ‘‘The 

DoD Component shall consult with DOS 

as necessary to determine whether the 

information is subject to a treaty or 

international agreement that would 

prevent its declassification. The office to 

consult is * * *’’ (U//FOUO) The 

purpose of the statement is to allow DoD 

intelligence organizations that have 

existing, authorized agreements for 

coordinating actions on FGI to continue 

to use those arrangements with 

counterpart organizations of foreign 

governments for the purposes of 

coordinating Mandatory Declassification 

actions. 

e. Updated all DoD Component 

contact information. 

Response to Internal Comments: 

Internal comments from staffing reviews 

were incorporated as appropriate. 

Changes were made in the following 

sections: references, paragraph (d), 

§ 222.5 MDR processing procedures of 

the final in response to the comments 

received. 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been certified that 32 CFR part 

222 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 these Executive Orders. 

Sec. 202, Public Law 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

222 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. 


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Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 80745 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

222 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. 

The rule implements the procedures for 

the effective administration of the DoD 

MDR Program. 

Public Law 96–511, ‘‘Paperwork 

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

It has been certified that 32 CFR part 

222 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

222 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 222 

Declassification, Security information. 

■ Accordingly, 32 CFR part 222 is 

added to read as follows: 

PART 222—DOD MANDATORY 

DECLASSIFICATION REVIEW (MDR) 

PROGRAM 

Sec. 

222.1 Purpose. 

222.2 Applicability. 

222.3 Definitions. 

222.4 Responsibilities. 

222.5 MDR processing procedures. 

Appendix A to Part 222—Addressing 

MDR requests. 

Authority: 5 U.S.C. 552. 

§ 222.1 Purpose. 

This part implements policy 

established in DoD Instruction 5200.01. 

It assigns responsibilities and provides 

procedures for members of the public to 

request a declassification review of 

information classified under the 

provisions of Executive Order 13526, or 

predecessor orders. 

§ 222.2 Applicability. 

This part applies to the Office of the 

Secretary of Defense, the Military 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff and the Joint 

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 within 

DoD (hereafter referred to collectively as 

the ‘‘DoD Components’’). 

§ 222.3 Definitions. 

Unless otherwise noted, these terms 

and their definitions are for the purpose 

of this part. 

Foreign Government Information 

(FGI). Defined in DoD 5200.1–R 

(available at http://www.dtic.mil/whs/ 

directives/corres/pdf/520001r.pdf). 

Formal Control System. A system 

designed to ensure DoD Component 

accountability and compliance. For each 

MDR request, the system shall contain, 

at a minimum, a unique tracking 

number, requester’s name and 

organizational affiliation, information 

requested, date of receipt, and date of 

closure. 

Formerly Restricted Data. Defined in 

DoD 5200.1–R. 

MDR. The review of classified 

information for declassification in 

response to a declassification request 

that meets the requirements under 

section 3.5 of Executive Order 13526, 

‘‘Classified National Security 

Information,’’ December 29, 2009. 

Restricted Data. Defined in DoD 

5200.1–R. 

§ 222.4 Responsibilities. 

(a) The Director, Washington 

Headquarters Services, shall process 

MDR requests for OSD, the Office of the 

Chairman of the Joint Chiefs of Staff and 

the Joint Staff, and DoD Components not 

listed in the Appendix A to this part. 

(b) Heads of the DoD Components. 

The Heads of the DoD Components 

listed in the Appendix A to this part 

shall: 

(1) Establish procedures for the 

processing of MDR requests and appeals 

for information originating within the 

Component. 

(2) Appoint an appellate authority to 

adjudicate MDR appeals for the 

Component. 

§ 222.5 MDR processing procedures. 

(a) General. The DoD Components 

shall process MDR requests from the 

public for classified information 

originating within the DoD Component 

in accordance with DoD 5200.1–R and 

32 CFR part 2001. 

(b) Information not subject to review 

for public release under the MDR 

includes: 

(1) Unclassified information (to 

include documents) or previously 

classified documents that are 

declassified prior to the receipt of the 

MDR request. These documents must be 

requested under the provisions of 5 

U.S.C. 552(b) (also known and 

hereinafter referred to as the ‘‘Freedom 

of Information Act’’ (FOIA) and 32 CFR 

part 286. 

(2) Information (to include 

documents) reviewed for 

declassification within 2 years 

preceding the date of receipt of the MDR 

request. If this is the case, the requester 

shall be provided the documents as 

previously released and advised of the 

right to appeal to the DoD Component 

within 60 days unless the documents 

are already under appeal to the 

Interagency Security Classification 

Appeals Panel (ISCAP). 

(3) Information exempted from search 

and review by statute of 50 U.S.C. 431, 

432, 432a, 432b, and 432d. 

(4) Documents originated by the 

incumbent President; the incumbent 

President’s White House Staff; 

committees, commissions, or boards 

appointed by the incumbent President; 

or other entities within the Executive 

Office of the President that solely advise 

and assist the incumbent President. 

(5) Information marked as Restricted 

Data or Formerly Restricted Data. 

(6) Information that is the subject of 

pending litigation. 

(c) MDR Requester Guidelines. 

Members of the public seeking the 

declassification of DoD documents 

under the provisions of section 3.5 of 

Executive Order 13526, and 50 U.S.C. 

431, 432, 432a, 432b, and 432d shall: 

(1) Address the written request to the 

appropriate DoD Component listed in 

the appendix to this enclosure. 

(2) Identify the requested document or 

information with sufficient specificity to 

enable the DoD Component to locate it 

with a reasonable amount of effort. 

Information that would provide the 

sufficient specificity would include a 

document identifier such as originator, 

date, title, subject, the National 

Archives and Records Administration 

accession number, or other applicable 

unique document identifying number. 

Broad or topical MDR requests for 

records on a particular subject, such as 

‘‘any and all documents concerning’’ a 

subject do not meet this standard. 

(3) Include a correct return mailing 

address with the request. 

(4) Include a statement that the 

requester understands that the request 

may incur processing charges in 

accordance with paragraph (k) of this 

section. 

(d) Receipt and Control. Upon receipt 

of an MDR request, the DoD Component 

shall send the requester an 

acknowledgement and open a file in a 

formal control system. The 

acknowledgement shall include the 


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80746 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 

tracking number and date of receipt of 

the request. 

(e) Simultaneous MDR and FOIA 

Requests. DoD Components should be 

aware of possible requests under both 

the MDR and the FOIA. In accordance 

with 32 CFR part 286, if a requester asks 

for the same information under the 

FOIA and the MDR, the DoD 

Component shall ask the requester to 

select only one process. If the requester 

does not select a process, the DoD 

Component shall process the requested 

information under the FOIA. 

(f) MDR Document Review Process. (1) 

Requests normally will be processed on 

a first in first out basis by date of 

receipt. 

(2) Every effort shall be made to 

ensure that a response to an MDR 

request is provided to the requester 

within 1 year from the date of receipt. 

(3) The DoD Components shall 

conduct line-by-line reviews of 

documents responsive to an MDR 

request to determine if the information 

contained within the documents 

continues to adhere to the standards for 

classification according to Executive 

Order 13526 Classified National 

Security Information. This line-by-line 

review must take into account the 

unique sensitivity of FGI as outlined in 

paragraph (h) of this section. In 

accordance with section 3.6(b) of 

Executive Order 13526 Classified 

National Security Information, classified 

information originating with another 

U.S. Government agency contained in 

records of the DoD Components will be 

referred to the originating agency for a 

declassification and release 

determination. Likewise, classified 

information in a DoD Component’s 

records originating with another DoD 

Component will be referred to the 

originating Component. It is the 

responsibility of the DoD Component 

originally receiving the MDR request to 

manage these referrals and to 

incorporate the other agency’s or DoD 

Component’s determinations when 

preparing the final decision on the 

request. The review of each document 

will determine if the document: 

(i) No longer meets the standards for 

classification as established by 

Executive Order 13526 ‘‘Classified 

National Security Information’’, and is 

therefore declassified in full. 

(ii) Contains portions still meeting the 

standards for classification and is 

therefore declassified in part and denied 

in part. 

(iii) Still meets the standards for 

classification in its entirety and is 

therefore denied in full. 

(4) For documents meeting the criteria 

of paragraphs (f)(3)(i) and (f)(3)(ii) of 

this section, the DoD Components shall 

not release any unclassified information 

exempt from public release pursuant to 

Exemptions 2 through 9 of the FOIA. 

DoD 5400.7–R, ‘‘DoD Freedom of 

Information Act Program’’ provides a 

more detailed explanation of the FOIA 

exemptions. 

(5) When this process is complete, the 

DoD Components shall redact all 

information, both classified and 

unclassified, determined to be exempt 

from release as warranted under 

applicable law and authority. All of the 

remaining information within the 

documents, which is determined to be 

publicly releasable information, shall be 

provided promptly to the requester. 

(g) Public Access. In the interest of 

transparency, the DoD Components 

should make efforts to post documents 

released under the MDR program on 

DoD Component Web sites. 

(h) FGI. Every effort must be made to 

ensure that FGI is not subject to 

declassification without the prior 

consent of the originating government. 

Therefore, if a requested document 

originated with a foreign government or 

organization and was classified by that 

government or organization, the DoD 

Component shall conduct MDR of the 

document in accordance with DoD 

5200.1–R and 32 CFR part 2001. 

(i) Denial of Information. (1) When 

classified information is denied, the 

DoD Component shall advise the 

requester, in writing: 

(i) That information currently and 

properly classified has been denied 

(whether a document in its entirety or 

partially) in accordance with the 

appropriate sections of Executive Order 

13526 Classified National Security 

Information. 

(ii) Of the right to appeal the denial 

to the DoD Component within 60 days 

of receipt of the denial. 

(iii) Of the mailing address for the 

appellate authority. 

(2) When unclassified information is 

withheld because it is determined to be 

exempt from release pursuant to 

Exemptions 2 through 9 of the FOIA 

(whether or not classified information 

was also withheld within the same 

document), the DoD Component shall 

advise the requester that: 

(i) Section 3.5(c) of Executive Order 

13526 Classified National Security 

Information allows for the denial of 

information when withholding it is 

authorized and warranted under 

applicable law. 

(ii) Unclassified information exempt 

from public release pursuant to one or 

more exemptions of the FOIA has been 

withheld. 

(3) For the denial of unclassified 

information, the requester shall not be 

given MDR appeal rights because the 

MDR applies only to the denial of 

classified information and because the 

request was not processed under the 

FOIA. 

(4) The DoD Component is not 

required to confirm or deny the 

existence or nonexistence of requested 

information whenever the fact of its 

existence or nonexistence is itself 

classified pursuant to Executive Order 

13526 Classified National Security 

Information. 

(f) MDR Appeals. MDR appeals are for 

the denial of classified information 

only. DoD Components shall make an 

appellate decision within 60 working 

days of receipt of an MDR appeal. If 

additional time is required to make a 

determination, the appellate authority 

shall notify the requester of the 

additional time needed and provide the 

requester with the reason for the 

extension. When the appellate review is 

complete, the appellate authority shall 

notify the requester in writing of the 

final determination and of the reasons 

for any denial. If the appellate authority 

determines that some information 

remains classified under the provisions 

of Executive Order 13526 Classified 

National Security Information, the 

requester will be advised of the right to 

appeal the final decision to the ISCAP 

within 60 days of the final Component 

decision, in accordance with section 5.3 

of Executive Order 13526 Classified 

National Security Information. 

(k) FEES. In responding to MDR 

requests, the DoD Components may 

charge fees as permitted by 32 CFR Part 

2001. Fees for search, review, and 

reproduction shall be in accordance 

with the fee schedule in Appendix 2 of 

Chapter 4 of Volume 11A of DoD 

7000.14–R (available at http:// 

comptroller.defense.gov/fmr/11a/ 

11a_04.pdf). 

Appendix A to Part 222—Addressing 

MDR Requests 

(a) General. The Department of Defense 

does not have a central repository for DoD 

records. MDR requests therefore should be 

addressed to the DoD Component that has 

custody of the requested record. If a requester 

is not sure which DoD Component has 

custody or if the DoD Component is not 

listed below, the MDR request should be 

directed to the Washington Headquarters 

Services in paragraph (b)(1) of this appendix. 

(b) DoD Component MDR Addresses: 

(1) OSD and the Office of the Chairman of 

the Joint Chiefs of Staff and the Joint Staff. 

Department of Defense, Washington 

Headquarters Services, Records and 

Declassification Division, Suite 02F09–02, 

4800 Mark Center Drive, Alexandria, VA 


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Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 80747 

22350–3100. EXCEPTION: DoD Inspector 

General. DoD Office of Inspector General, 400 

Army Navy Drive, Arlington, VA 22202– 

4704. 

(2) Department of the Army. U.S. Army 

Declassification Activity, Attention: AHRC– 

RDD, 8850 Richmond Highway, Suite 300, 

Alexandria, VA 22309. 

(3) Department of the Navy. 

(i) Department of the Navy, Chief of Naval 

Operations, CNO N09N2, 2000 Navy 

Pentagon, Washington, DC 20350–2000. 

(Collateral MDR). 

(ii) Department of the Navy, Chief of Naval 

Operations, CNO N2/N6, 2000 Navy 

Pentagon, Washington, DC 20350–2000. 

(Sensitive Compartmented Information 

MDR). 

(4) Department of the Air Force. 

Department of the Air Force, HAF/IMIO 

(MDR), 1000 Air Force Pentagon, 

Washington, DC 20330–1000. 

(5) United States Marine Corps. 

Commandant of the Marine Corps, HQMC 

Code PP&O, Security Division (PS), 3000 

Marine Corps Pentagon, Room 4A324, 

Washington, DC 20350–3000 

(6) Defense Advanced Research Projects 

Agency. Defense Advanced Research Projects 

Agency, 3701 N. Fairfax Drive, Arlington, VA 

22203–1714. 

(7) Defense Contract Audit Agency. 

Director, Defense Contract Audit Agency, 

Attention: CPS, 8725 John J. Kingman Road, 

Suite 2135, Fort Belvoir, VA 22060–6219. 

(8) Defense Information Systems Agency. 

Defense Information Systems Agency, 

Attention: Security Division, MPS 6, 5111 

Leesburg Pike, Suite 100, Falls Church, VA 

22041. 

(9) Defense Intelligence Agency. Defense 

Intelligence Agency, Attention: DAN–1A 

(FOIA), Washington, DC 20340–5100. 

(10) Defense Logistics Agency. Defense 

Logistics Agency, Attention: DLA/DSS–S, 

8725 John J. Kingman Road, Suite 2533, Fort 

Belvoir, VA 22060–6221. 

(11) Defense Security Service. Defense 

Security Service, Office of FOIA & Privacy, 

1340 Braddock Place, Alexandria, VA 22314– 

1651. 

(12) Defense Threat Reduction Agency. 

Defense Threat Reduction Agency, Attention: 

SCR 8725 John J. Kingman Road, Fort 

Belvoir, VA 22060–6201. 

(13) Missile Defense Agency. Missile 

Defense Agency, Attention: MDA/DS, 7100 

Defense Pentagon, Washington, DC 20301– 

7100. 

(14) National Geospatial-Intelligence 

Agency. National Geospatial-Intelligence 

Agency, Mail Stop D–10, 4600 Sangamore 

Road, Bethesda, MD 20816–5003. 

(15) National Reconnaissance Office. 

National Reconnaissance Office, NRO–MSO– 

ASG–IMSC–IART’, 14675 Lee Road, 

Chantilly, VA 20151–1715. 

(16) National Security Agency/Central 

Security Service. National Security Agency, 

Declassification Office, DJP5, 9800 Savage 

Road, Suite 6884, Fort George G. Meade, MD 

20755–6884. 

(17) North American Aerospace Defense 

Command. HQ NORAD/CSO, 250 

Vandenberg St. Ste B016, Peterson AFB, CO 

80914. 

(18) U.S. Africa Command. US Africa 

Command, Unit 29951, ATTN: COS–FOIA, 

APO AE 09751. 

(19) U.S. Central Command. U.S. Central 

Command, Attention: CCJ6–RDD, 7115 South 

Boundary Blvd., MacDill AFB, FL 33621– 

5101. 

(20) U.S. European Command. U.S. 

European Command, Attention: ECJ1–AX, 

Unit 30400, APO AE 09131. 

(21) U.S. Joint Forces Command. U.S. Joint 

Forces Command, Code J02SM, 1562 

Mitscher Ave., Suite 200, Norfolk, VA 

23511–2488. 

(22) U.S. Northern Command. U.S. 

Northern Command, HQ USNORTHCOM/ 

CSO, 250 Vandenberg Street, Suite B016, 

Peterson AFB, CO 80914–3804. 

(23) U.S. Pacific Command. U.S. Pacific 

Command, Attention: J151 FOIA, Box 64017, 

Camp Smith, HI 96861–4017. 

(24) U.S. Southern Command. U.S. 

Southern Command, Attention: SCJ2–SM– 

CFO (FOIA)’’.3511 NW 91st Avenue, Miami, 

FL 33172–1217. 

(25) U.S. Special Operations Command. 

U.S. Special Operations Command, 

Attention: SOCS–SJS–SI (FOIA), 7701 Tampa 

Point Blvd., MacDill AFB, FL 33621–5323. 

(26) U.S. Strategic Command. U.S. 

Strategic Command, Attention: CS50, 901 

SAC Blvd., STE 1C17, Offutt AFB, NE 68113– 

6000. 

(27) U.S. Transportation Command. U.S. 

Transportation Command, Chief, Command 

Information Management, ATTN: TCCSIM, 

508 Scott Drive, Scott AFB IL 62225–5357. 

(28) Interagency Security Classification 

Appeals Panel http://www.archives.gov/isoo/ 

oversight-groups/iscap/index.html. 

(29) Principal Mandatory Declassification 

Review (MDR) Contacts at Federal Agencies 

http://www.archives.gov/isoo/contact/mdrcontact.html. 

Dated: December 21, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2011–33104 Filed 12–23–11; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0767, FRL–9494–9] 

Approval and Promulgation of 

Implementation Plans; Oregon: New 

Source Review/Prevention of 

Significant Deterioration Rule 

Revisions and Air Quality Permit 

Streamlining Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the amendments to the Oregon 

State Implementation Plan (SIP) that 

were proposed on September 23, 2011. 

No comments were received on the 

proposal and today EPA is taking final 

action to approve the proposed SIP 

amendments without change. EPA is 

approving the SIP submission provided 

by the State of Oregon for the purpose 

of addressing the third element of the 

interstate transport provisions of Clean 

Air Act (CAA or the Act) for the 1997 

8-hour ozone National Ambient Air 

Quality Standards (NAAQS or 

standards) and the 1997 and 2006 fine 

particulate matter (PM2.5) NAAQS. The 

third element of the CAA requires that 

a state not interfere with any other 

state’s required measures to prevent 

significant deterioration (PSD) of its air 

quality. EPA is also approving 

numerous revisions to the Oregon SIP 

that were submitted to EPA by the State 

of Oregon on October 8, 2008; October 

10, 2008; March 17, 2009; June 23, 2010; 

December 22, 2010 and May 5, 2011. 

The revisions include updating 

Oregon’s new source review (NSR) rules 

to be consistent with current Federal 

regulations, adding greenhouse gases 

(GHGs) to the list of pollutants whose 

emissions are subject to control under 

the State’s NSR permitting process; and 

streamlining Oregon’s air quality rules 

by clarifying requirements, removing 

duplicative rules, and correcting errors. 

The Federal Implementation Plan (FIP) 

that EPA promulgated on December 9, 

2010, providing for federal 

implementation of PSD permitting for 

GHGs is also withdrawn as part of this 

action because it is being replaced 

through the approval of the State’s 

regulations providing authority for PSD 

permitting of GHG emissions. The 

revisions were submitted in accordance 

with the requirements of section 110 

and part D of the Act. Finally, EPA has 

identified a technical error in its most 

recent codification of the Oregon SIP 

and is making a technical correction to 

reinstate text that had been 

unintentionally omitted from that 

section. 

DATES: This action is effective on 

January 26, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2011–0767. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information whose disclosure is 

restricted by statute. Certain other 

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