Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Rules and Regulations 61013

apply for the following n2 years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate

shall apply.]

Rate set

For plans with a valuation date Immediate annuity rate

(percent)

Deferred annuities (percent)

On or

after Before i1 i2 i3 n1 n2

* * * * * * *

50 ........................................................................ 12–1–97 01–1–98 4.50 4.00 4.00 4.00 7 8

Issued in Washington, D.C., on this 10th

day of November 1997.

David M. Strauss,

Executive Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 97–30043 Filed 11–13–97; 8:45 am]

BILLING CODE 7708–01–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 285

[DoD 5400.7]

DoD Freedom of Information Act

(FOIA) Program

AGENCY: Department of Defense.

ACTION: Final rule.

SUMMARY: This revision conforms 32

CFR part 285, DoD Freedom of

Information Act (FOIA) program, to the

requirements of the Electronic Freedom

of Information Act Amendments of

1996, as amended by Pub. L. 104–231.

EFFECTIVE DATE: September 29, 1997.

FOR FURTHER INFORMATION CONTACT:

Mr. C. Talbott, 703–697–1171.

SUPPLEMENTARY INFORMATION: On May

12, 1997 (62 FR 25875), the Department

of Defense published a proposed rule for

comment. No comments were received.

Executive Order 12866, Regulatory

Planning and Review

It has been determined that this final

rule (32 CFR part 285) is not a

significant regulatory action. The rule

does not:

(1) Have an annual effect to 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 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 this Executive order.

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. This rule

implements the Freedom of Information

Act (5 U.S.C. 552), a statue concerning

the release of Federal Government

records, and does not economically

impact Federal Government relations

with the private sector.

Public Law 96–511, Paperwork

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

It has been certified that this part does

not impose any reporting or

recordkeeping requirements under the

Paperwork Reduction Act of 1995.

List of Subjects in 32 CFR Part 285

Freedom of information.

Accordingly, 32 CFR part 285 is

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) Updates policies and

responsibilities for the implementation

of the DoD FOIA Program under 5

U.S.C. 552.

(b) Continues to delegate authorities

and responsibilities for the effective

administration of the FOIA program.

§ 285.2 Applicability and scope.

(a) This part applies to the Office of

the Secretary of Defense (OSD), the

Military Departments, the Chairman of

the Joint Chiefs of Staff, the Combatant

Commands, the Inspector General of the

Department of Defense, the Defense

Agencies, and the DoD Field Activities

(hereafter referred to collectively as ‘‘the

DoD Components’’).

(b) National Security Agency/Central

Security Service records are subject to

this part unless the records are exempt

under section 6 of Pub. L. 86–36 (1959),

codified at 50 U.S.C. 402 note. The

records of the Defense Intelligence

Agency, National Reconnaissance

Office, and the National Imagery and

Mapping Agency are also subject to this

part unless the records are exempt

under 10 U.S.C. 424.

§ 285.3 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

DoD responsibility to ensure national

security.

(b) Allow a requester to obtain agency

records from the Department of Defense

that are available through other public

information services without invoking

the FOIA.

(c) Make available, under the

procedures established by 32 CFR part

286, those agency records that are

requested by a member of the general

public who explicitly or implicitly cites

the FOIA.

(d) Answer promptly all other

requests for information, agency

records, objects, and articles under

established procedures and practices.

(e) Release agency records to the

public unless those records are exempt

from mandatory disclosure as outlined

in 5 U.S.C. 552. Make discretionary

disclosures of exempt records or

information whenever disclosure would

not foreseeably harm an interest

protected by a FOIA exemption.

(f) Process requests by individuals for

access to records about themselves

contained in a Privacy Act system of

records under procedures set forth in
61014 Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Rules and Regulations

1Copies may be obtained, at cost, from the

National Technical Information Service, 5285 Port

Royal Road, Springfield, VA 22161.

2See footnote 1.

3See footnote 1.

DoD 5400.11–R,1 and procedures

outlined in this part amplified by 32

CFR part 286.

§ 285.4 Responsibilities.

(a) The Assistant Secretary of Defense

for Public Affairs shall:

(1) Direct and administer the DoD

FOIA Program to ensure compliance

with policies and procedures that

govern the administration of the

program.

(2) Issue a DoD FOIA regulation and

other discretionary instructions and

guidance to ensure timely and

reasonably uniform implementation of

the FOIA in the Department of Defense.

(3) Internally administer the FOIA

Program for OSD, the Chairman of the

Joint Chiefs of Staff and, as an exception

to DoD Directive 5100.3,2 the Combatant

Commands.

(4) As the designee of the Secretary of

Defense, serve as the sole appellate

authority for appeals to decisions of

respective Initial Denial Authorities

within OSD, the Chairman of the Joint

Chiefs of Staff, the Combatant

Commands, and the DoD Field

Activities.

(b) The General Counsel of the

Department of Defense shall provide

uniformity in the legal interpretation of

this part.

(c) The Heads of the DoD Components

shall:

(1) Publish in the Federal Register

any instructions necessary for the

internal administration of this part

within a DoD Component that are not

prescribed by this Directive or by other

issuances of the Assistant Secretary of

Defense (Public Affairs). For the

guidance of the public, the information

specified in 5 U.S.C. 552(a)(1) shall be

published in accordance with DoD

Directive 5400.9.3

(2) 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.

(3) Submit the report prescribed in

subpart G of 32 CFR part 286.

(4) Make available for public

inspection and copying in an

appropriate facility or facilities, in

accordance with rules published in the

Federal Register, the records specified

in 10 U.S.C. 552(a)(2), unless such

records are published and copies are

offered for sale. These records shall be

made available to the public in hard

copy, by computer telecommunications,

or other electronic means.

(5) Maintain and make available for

public inspection and copying current

indices of all (a)(2) records as required

by 10 U.S.C. 552(a)(2).

§ 285.5 Information requirements.

The reporting requirements in subpart

G of 32 CFR part 286 have been assigned

Report Control Symbol DD–PA(A) 1365.

Dated: November 5, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–29659 Filed 11–13–97; 8:45 am]

BILLING CODE 5000–04–M

POSTAL SERVICE

39 CFR Part 111

Eligibility Requirements for Certain

Nonprofit Standard Mail Rate Matter

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This notice adopts a proposed

rule which was published in the

Federal Register on September 8, 1997

(62 FR 47178–47179). It amends the

regulations of the Postal Service

governing the eligibility requirements

for mail to be sent at the Nonprofit

Standard Mail rates of postage. For the

most part, this final rule adopts the

proposal as it was published with

changes suggested in comments

received from interested parties.

EFFECTIVE DATE: November 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Jerome M. Lease, 202–268–5188.

SUPPLEMENTARY INFORMATION: The

proposed rule discussed in detail the

common practice of nonprofit

organizations to offer premium items,

such as tote bags, umbrellas, t-shirts,

and coffee mugs when seeking

contributions or membership dues

payments from new members. As

explained in the proposed rule, by

statute, material that advertises,

promotes, offers, or, for a fee or

consideration, recommends, describes,

or announces the availability of any

product or service, other than separately

restricted travel, insurance, and

financial instruments such as credit

cards, is ineligible for the nonprofit

rates of postage unless the sale of the

product or the provision of such service

is substantially related to the exercise or

performance by the organization of one

or more of the purposes used by the

organization to qualify for mailing at the

Nonprofit Standard Mail rates or other

prescribed exceptions are met. 39 U.S.C.

3626(j)(1)(D).

The Postal Service promulgated

standards implementing the statute

effective October 1, 1995. Since that

time, the Postal Service has consistently

held that ‘‘backend premiums’’ such as

those described above are to be

considered advertising for the product

offered as a premium. In addition, the

Postal Service has generally concluded

that ‘‘utilitarian’’ items such as coffee

mugs, t-shirts, tote bags, umbrellas, and

similar items are not normally related to

an organization’s qualifying purposes,

thus disqualifying such advertisements

from being mailed at the Nonprofit

Standard Mail rates.

The proposed rule offered standards

by which, if met, the Postal Service

would not consider the announcement

of the backend premium as an

‘‘advertisement.’’ Specifically, the Postal

Service proposed two tests. First, the

requested contribution must be at least

five (5) times the cost of the premium

to exempt the announcement from being

considered as an advertisement for the

premium. The cost of the premium is its

actual cost to the nonprofit organization.

Second, the requested contribution must

be at least three (3) times the

represented value in the mailpiece, if

any, of the premium. Each test must be

met or the offer will be considered an

advertisement.

The Postal Service received a total of

12 comments on the proposed rule. In

one fashion or another, all of the

commenters expressed their support for

a test or threshold by which

announcements of backend premiums

would not be considered as

advertisements, thereby eliminating the

need for consideration of the

substantially related test. Accordingly,

after full consideration of the comments

received, the Postal Service believes it is

appropriate to adopt, with revision of

the ratios, the proposed changes in

eligibility requirements at this time.

Evaluation of Comments Received

Written comments were received from

12 organizations and associations

representing nonprofit organizations. Of

primary concern to 11 of the 12

commenters is the Postal Service’s

proposed test of requiring a contribution

or dues payment to be at least five times

the cost and three times the represented

value of the premium to activate the

exception from material being

considered as an advertisement. Four

commenters supported the proposal in

its entirety including the five times cost

and three times represented value

criteria. On the other hand, two

commenters requested a test of three

times the cost and eliminating the

represented value test. Other