Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Proposed Rules 62469 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it modifies the route structure as 

required to preserve the safe and 

efficient flow of air traffic within the 

National Airspace System. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9W, 

Airspace Designations and Reporting 

Points, Dated August 8, 2012 and 

effective September 15, 2012, is 

amended as follows: 

* * * * * 

Paragraph 6010—Domestic VOR Federal 

Airways 

V–537 [Amended] 

From Palm Beach, FL; INT Palm Beach 

356° and Treasure, FL, 143° radials; Treasure; 

INT Treasure 318° and Orlando. FL, 140° 

radials; INT Orlando 140° and Melbourne, FL 

298° radials; INT Melbourne 298° and Ocala, 

FL 145° radials; Ocala; Gators, FL; Greenville, 

FL; INT Greenville 001°(T)/360°(M) and 

Macon, GA, 185°(T)/184°(M) radials to 

Macon. 

Issued in Washington, DC, on October 4, 

2012. 

Gary A. Norek, 

Manager, Airspace Policy and ATC 

Procedures Group. 

[FR Doc. 2012–25165 Filed 10–12–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 300 

Defense Logistics Agency 

32 CFR Part 1285 

RIN 0790–AI87 

[Docket ID: DOD–2012–OS–0019] 

Defense Logistics Agency Freedom of 

Information Act Program 

AGENCY: Defense Logistics Agency, DoD. 

ACTION: Proposed rule. 

SUMMARY: The Defense Logistics Agency 

(DLA) proposes to revise and update 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, Public Law 104– 

231, and the OPEN Government Act of 

2007, Public Law 110–175. In addition, 

part 1285 will be redesignated as part 

300. 

DATES: Submit comments on or before 

December 14, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket management 

System Office, 4800 Mark Center Drive, 

East Tower, Suite 02G09, Alexandria, 

VA 22350–3100. 

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 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Deborah Teer, (703) 767–5247 or 

Deborah.teer@dla.mil. 

SUPPLEMENTARY INFORMATION: This rule 

supplements 32 CFR part 286 to 

accommodate specific requirements of 

the DLA 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, 


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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 

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. 

List of Subjects in 32 CFR Parts 300 and 

1285 Freedom of Information Act. 

For the reasons stated in the 

preamble, DLA proposes to redesignate 

32 CFR part 1285 as part 300 and revise 

it to read as follows: 

TITLE 32—NATIONAL DEFENSE 

CHAPTER XII—DEFENSE LOGISTICS 

AGENCY 

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 Regulation (Refer 

to 32 CFR part 286 (http:// 

www.gpoaccess.gov/cfr/index.html) and 

the DOD FOIA Program (http:// 

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

the DLA 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. 

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. 

(b) Adverse Determination. Adverse 

determinations may include 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; or what 

the requester believes is adverse in 

nature. 

(c) Appellate Authority. The General 

Counsel, DLA, who upon receipt of an 

administrative appeal, reviews an initial 

determination and may uphold, reverse 

or amend any adverse determination. 

(d) Consultation. The process 

whereby a document is sent to another 

DLA or 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 

Program 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: 

(1) Searching for responsive emails or 

electronic documents located on 

individually-assigned computers or 

servers; (2) time taken by a programmer 

to create a program to run a requested 

report from a database; or (3) 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, as 

calculated in the DoD FOIA Program 

Manual (DoD 5400–07–M). 

(3) Review. The examination of 

documents located in response to a 

FOIA request to determine withholding. 

Review also includes the time taken to 

redact documents, preparing them for 

release. Review does not include the 

time spent resolving general legal or 

policy issues regarding the application 

of exemptions. 


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(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) Electronic Records. Records 

(including email) created, stored, and 

retrieved by electronic means. 

(i) Federal Agency. This term is 

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

552(f)(1). 

(j) 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. 

(k) FOIA Public Liaison. The member 

of the DLA Headquarters FOIA staff to 

whom a FOIA requester can raise 

concerns about the service the requester 

received from a DLA FOIA Requester 

Service Center. 

(l) FOIA Request. A written request 

for DLA records that reasonably 

describes the record(s) sought; indicates 

a willingness to pay processing fees, 

asks for their statutory entitlement (if 

applicable), or requests a fee waiver; 

includes a postal mailing address, and 

contact information. A FOIA request 

meeting these conditions, arriving at the 

DLA 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. Written 

requests may be received by postal 

service or other commercial delivery 

means, by facsimile, or electronically. 

(m) DLA FOIA Requester Service 

Center. The DLA Office authorized to 

receive and process FOIA requests and 

where a FOIA requester can gain 

information concerning the DLA 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. 

(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. IDA’s 

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 with another 

DLA or DOD Component, or Federal 

agency. 

§ 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. 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 to provide the public maximum 

accurate and timely information 

concerning DLA activities, balanced 

with the need for security, public and 

private interests of the American 

people, and adherence to other 

requirements of law and regulation. A 

DLA record, requested by a member of 

the public who follows the DLA 

established procedures, shall not be 

withheld, in whole or in part, unless the 

record is exempt from mandatory, 

partial or total disclosure under the 

FOIA. 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. Records requested through public 

affairs channels by news media 

representatives, that would not be 

withheld if requested under the FOIA, 

should be released promptly upon 

request. Similarly, requests from other 

members of the public for information 

that would not be withheld under the 

FOIA should continue to be provided 

through appropriate means without 

requiring the requester to invoke 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 the DLA Component will 

complete the request. Refer to Appendix 

A 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 the DLA 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 the DLA Headquarters FOIA/Privacy 

Web site reading room. 

(c) Creating a Record. (1) 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. 

(2) With regards to electronic data, the 

issue of whether records are actually 

created or merely retrieved from an 

existing database is not always readily 

apparent. Consequently, when 

processing FOIA requests for electronic 

data, if the DLA 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. FOIA 

requests for electronic data will not be 

processed when: 

(i) Processing a request would cause 

a significant interference with the 

operation of the DLA Component’s 

automated system, require a significant 

amount of programming effort or require 

extensive complex programming to 

merge files of disparate data formats. 

(ii) Creating computer programs and/ 

or purchasing additional hardware (i.e., 

to extract electronic mail that has been 

archived) is needed. 

(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 (see 

www.access.gpo.gov/nara/cfr/cfr-tablesearch.html#page1). 

(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. 


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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 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. 

(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. DLA Components must comply 

with the provisions of DOD 5400.11–R, 

C3.1.3 to confirm the identity of the 

requester (http://www.privacy.defense. 

gov/files/540011r.pdf). 

§ 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 the DLA 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. If the request is not perfected, 

the request is placed on hold and the 

FOIA Officer will notify requesters of 

any such defects and provide assistance 

to help remedy the defects. 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 uses the date-of-search cut-off 

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 

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 

from multiple directorates/locations; the 

need to search for and review a 

voluminous amount of records; and/or 

the need to consult with other DLA or 

DoD Components. Requesters are 

notified in the acknowledgement letter 

of the track the request is placed in. 

Requests placed in the simple track can 

reasonably expect that their request will 

be completed within the statutory time 

limit for responding to requests. 

Requesters placed in the complex track 

may be given an opportunity to narrow 

or modify the scope of their request 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, 

52 FR at 10012 (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. Misdirected 

requests shall be forwarded promptly to 

the FOIA Office of the DLA or DOD 

Component with the responsibility for 

the records requested within 10 working 

days. A misdirected request is a request 

received by one of DLA or DoD FOIA 

Offices but is actually seeking records 

maintained by another DLA or DoD 

Component. 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. 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). 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 

essentially meaningless set of words and 

phrases, or even sentences which taken 

separately or together have minimal or 

no information content. 


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§ 300.9 Appeals. 

(a) An appeal can be made as a result 

of an initial determination that is 

considered by the requester to be an 

adverse determination (see 300.3 (b)). 

(b) An appeal must be made in 

writing to DLA’s Appellate Authority 

and must be postmarked within 30 

calendar days from the date of the initial 

determination letter. The General 

Counsel serves as DLA’s appellate 

authority. The appeal should include 

reasons for reconsideration and a copy 

of the initial determination letter. An 

appeal may be mailed, emailed to hqfoia@dla.mil, or faxed to 703–767–6091. 

Appeals are to be addressed to the 

General Counsel, Defense Logistics 

Agency, ATTN: DGA, Suite 1644, 8725 

John J. Kingman Road, Fort Belvoir, 

Virginia 22060–6221. 

§ 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 desired. (See (c) below.) 

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 the DLA 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 the DLA FOIA 

Requester Service Center most likely to hold 

the records (see paragraph (c) of this 

appendix for mailing addresses of DLA FOIA 

Offices designated to receive FOIA requests). 

If the DLA FOIA Requester Service Center is 

undeterminable, address requests to DLA 

Headquarters FOIA Office for proper routing. 

(3) Availability of DLA Publications. 

Many unrestricted DLA regulations, 

manuals, and handbooks are available online. 

Visit the DLA 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/FOIA-Privacy/pages/ 

foiapocs.aspx for current points of contact at 

each of the DLA FOIA Requester Service 

Centers. 

Defense Logistics Agency Headquarters, 

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

1644, Fort Belvoir, VA 22060–6221— 

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: 

Æ DLA Transaction Service, WrightPatterson AFB, Ohio—Editing/routing of 

logistics transactions, network 

interoperability and eBusiness services. 

Æ DLA Strategic Materials, Fort Belvoir, 

Va.—Manages the strategic and critical raw 

material stockpile that supports national 

defense needs. 

Æ DLA Europe & Africa, Kaiserslautern, 

Germany—Focal point for U.S. European 

Command’s and U.S. Africa Command’s 

theater of operations. 

Æ DLA Pacific, Camp Smith, Hawaii— 

Focal point for U.S. Pacific Command’s 

theater of operations. 

Æ DLA Central, MacDill AFB, Fla.—Focal 

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

operations. 

DLA Energy, 8725 John J. Kingman Rd., Ste 

3729, Fort Belvoir, VA 22060–6222—Fuel, 

energy support and services, and bulk 

petroleum. 

DLA Land and Maritime, ATTN: GC, 3990 

E. Broad Street, Columbus, OH 43218–3990— 

Maritime and land weapons system supply 

chains. 

DLA Aviation, 8000 Jefferson Davis 

Highway, Richmond, VA 23297–5000— 

Aviation supply chain. 

DLA Troop Support, 700 Robbins Avenue, 

Bldg 36, Philadelphia, PA 19111–5096— 

Subsistence, clothing, and textiles, medical, 

and construction and equipment supply 

chains. 

DLA Distribution, ATTN: DDC–GC, 

Mission Drive, Bldg 81, New Cumberland, 

PA 17070–5000—Worldwide network of 25 

distribution depots and nine map support 

offices. 

DLA Disposition Services and DLA 

Logistics Information Service, 74 Washington 

Avenue North, Battle Creek, MI 49017–3084. 

Æ Disposition Services: Reutilization, 

transfer, demilitarization, and environmental 

disposal and reuse. 

Æ Logistics Information Service: Manages a 

wide range of logistics information and 

identification systems. 

DLA Document Services, 5450 Carlisle 

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

PA 17055–0788—Automated document 

production, printing services, digital 

conversion and document storage. 

Dated: September 24, 2012. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2012–24425 Filed 10–12–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–0212–0903] 

RIN 1625–AA00 

Safety Zone, Seafair Blue Angels Air 

Show Performance, Seattle, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The U.S. Coast Guard is 

proposing to amend the Seafair Blue 

Angels Air Show Performance safety 

zone on the waters of Lake Washington, 

Seattle, WA. This action is necessary to 

safeguard participants and spectators 

from the safety hazards associated with 

the Seafair Blue Angels Air Show 

Performance, which include low flying 

high speed aircraft, and will do so by 

prohibiting entry into the safety zone 

unless authorized by the Captain of the 

Port (COTP), Puget Sound or a 

Designated Representative. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before December 14, 2012. 

ADDRESSES: You may submit comments 

identified by docket number using any 

one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is 202– 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 


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