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2002847421/-1/-1/0/DISESTABLISHMENT-OFTHE-CMO-REALIGNMENT-OF-FUNCTIONS-ANDRESPONSIBILITIES-AND-RELATED-ISSUES.PDF. 

2Osd.mc-alex.oatsd-pclt.mbx.foia-liaison@

mail.mil. 

Lexington, KY, KLEX, ILS OR LOC RWY 22, 

Amdt 21 

Lexington, KY, LEX, RNAV (GPS) RWY 4, 

Amdt 2 

Lexington, KY, LEX, RNAV (GPS) RWY 22, 

Amdt 2 

Maple Lake, MN, MGG, RNAV (GPS)–A, Orig 

Maple Lake, MN, MGG, VOR–A, Amdt 4C, 

CANCELED 

Helena, MT, KHLN, RNAV (RNP) Y RWY 27, 

Amdt 2 

Helena, MT, KHLN, RNAV (RNP) Z RWY 9, 

Amdt 2 

Helena, MT, KHLN, RNAV (RNP) Z RWY 27, 

Amdt 2 

Hickory, NC, KHKY, HICKORY THREE, 

Graphic DP, CANCELED 

Hickory, NC, KHKY, ILS OR LOC RWY 24, 

Amdt 9 

Hickory, NC, KHKY, RNAV (GPS) RWY 1, 

Amdt 1C, CANCELED 

Hickory, NC, KHKY, RNAV (GPS) RWY 6, 

Amdt 2 

Hickory, NC, KHKY, RNAV (GPS) RWY 19, 

Amdt 1B, CANCELED 

Hickory, NC, KHKY, RNAV (GPS) RWY 24, 

Amdt 2 

North Platte, NE, LBF, ILS OR LOC RWY 30, 

Amdt 8 

Eureka, NV, 05U, RNAV (GPS) RWY 18, 

Amdt 1 

Cincinnati, OH, LUK, LOC BC RWY 3R, 

Amdt 9, CANCELED 

Huntington, WV, KHTS, ILS OR LOC RWY 

12, Amdt 17 

Huntington, WV, KHTS, RNAV (GPS) RWY 

12, Amdt 4 

[FR Doc. 2023–26633 Filed 12–4–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 286 

[Docket ID: DOD–2019–OS–0069] 

RIN 0790–AK54 

DoD Freedom of Information Act 

(FOIA) Program; Amendment 

AGENCY: Office of the Assistant to the 

Secretary of Defense for Privacy, Civil 

Liberties, and Transparency 

(OATSD(PCLT)), Department of Defense 

(DoD). 

ACTION: Final rule. 

SUMMARY: The DoD is finalizing 

amendments to its Freedom of 

Information Act (FOIA) regulation to 

update organizational names, add 

additional FOIA Requester Service 

Centers, and adopt the standards in the 

Department of Justice’s (DOJ) Template 

for Agency FOIA Regulations noting the 

decision to participate in FOIA 

alternative dispute resolution (ADR) 

services is voluntary on the part of the 

requester and DoD. 

DATES: This rule is effective on January 

4, 2024. 

FOR FURTHER INFORMATION CONTACT: Toni 

Fuentes at 571–372–0462. 

SUPPLEMENTARY INFORMATION: 

I. Background 

According to the FOIA, 5 U.S.C. 552, 

an agency may, in its published 

administrative rules and regulations, 

designate those components that can 

receive FOIA requests. Additionally, the 

FOIA requires agencies to establish 

FOIA Public Liaisons, which are 

responsible for assisting in reducing 

delays, increasing transparency and 

understanding of the status of requests, 

and assisting in the resolution of 

disputes. 

II. Regulatory History 

On February 6, 2018 (83 FR 5196– 

5197), the DoD finalized revisions to its 

FOIA regulation to incorporate the 

provisions of the Openness Promotes 

Effectiveness in our National 

Government Act of 2007 and the FOIA 

Improvement Act of 2016. On July 2, 

2020, the DoD published a proposed 

rule titled DoD Freedom of Information 

Act (FOIA) Program; Amendment (85 

FR 39856–39858) to update certain 

administrative aspects of the 

Department’s implementation of the 

FOIA, including adding an additional 

FOIA Requester Service Center. DoD 

also proposed to clarify, by adopting the 

standards set forth in the Department of 

Justice’s (DOJ) Template for Agency 

FOIA Regulations, that the decision to 

participate in FOIA alternative dispute 

resolution services is voluntary on the 

part of the requestor and DoD. One 

public comment was received, which 

was off-topic and not pertinent to this 

rule. However, in the final coordination 

of this rule, the Department has elected 

to make other administrative changes 

which are discussed below. 

III. Discussion of Additional 

Amendments Added by the Final Rule 

DoD has determined that public 

comment is unnecessary before 

finalizing these amendments as they are 

administrative and are internal to DoD 

and the management of DoD’s FOIA 

Program. Therefore, DoD did not request 

public comments on this final rule, even 

though DoD is making several 

additional amendments with this final 

rule. 

In this final rule, and per Deputy 

Secretary of Defense Memorandum 

dated September 1, 2021, 

Disestablishment of the Chief 

Management Officer, Realignment of 

Functions and Responsibilities, and 

Related Issues 1), DoD is changing the 

Directorate for Oversight and 

Compliance to the Office of the 

Assistant to the Secretary of Defense for 

Privacy, Civil Liberties, and 

Transparency (OATSD (PCLT)). Also, 

the Defense Security Service is being 

changed to Defense Counterintelligence 

and Security Agency, and DoD is 

updating its web link for DoD 

Component FOIA Public Liaison contact 

information.2

Under the FOIA, 5 U.S.C. 552, 

agencies are afforded a certain amount 

of discretion in administratively 

implementing the Act. For example, 

agencies can designate which of their 

Components are authorized to receive 

FOIA requests. DoD is adding United 

States Cyber Command 

(USCYBERCOM), United States 

Southern Command (USSOUTHCOM), 

and United States Space Command 

(USSPACECOM) as authorized FOIA 

Requester Service Centers. 

USSOUTHCOM was inadvertently 

omitted in the proposed rule. Since 

these service centers have already been 

implemented, DoD is seeking to align 

the rule with the action. DoD also seeks 

to update the list of those Components 

serviced by the Office of the Secretary 

of Defense (OSD) and Joint Staff FOIA 

Requester Service Center. DoD is also 

adding the United States Space Force as 

an authorized DoD FOIA Requester 

Service Center. 

DoD is updating paragraph (b) of 

§ 286.3 to remove the list of DoD 

subcomponents whose FOIA requests 

are processed by the OSD/Joint Staff 

requester service center. DoD is 

removing this list of subcomponents 

because it does not provide a list of 

subcomponents of DoD Components 

whose FOIA requests are processed by 

other requester service centers within 

the Department. 

This rule also clarifies language 

concerning DoD’s participation in FOIA 

‘‘Dispute Resolution,’’ found in § 286.4 

by adopting DOJ’s Template for Agency 

FOIA Regulations to clarify the 

Department possesses the discretion to 

determine whether to participate in 

FOIA alternative dispute resolution 

when ADR is requested by a FOIA 

requester. 

This rule also amends paragraph (f)(3) 

in § 286.9 to require a statement 

detailing the application of any 

foreseeable harm in applying FOIA 


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Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Rules and Regulations 84237 

3https://www.justice.gov/oip/oip-guidanceapplying-presumption-openness-and-foreseeableharm-standard. 

exemptions based on DOJ guidance,3

requiring agencies to document 

foreseeable harm or legal bars to 

disclosure when processing requests, 

and include language that they 

considered the foreseeable harm 

standard within responses to requesters. 

DoD has updated this paragraph to 

comply with the DOJ requirement. 

DoD is adding Armed Services Board 

of Contract Appeals to paragraph (b)(1) 

and removing it from paragraph (b)(2) in 

§ 286.11. This component was 

inadvertently listed under paragraph 

(b)(2) but was granted appellate 

authority previously. 

IV. Impact of This Rule 

Costs 

The Department does not anticipate 

any costs to the public associated with 

these rule amendments as they are 

administrative in nature and impact 

DoD internal operations of its FOIA 

program. Prior to establishing their own 

FOIA Requester Service Center, 

USCYBERCOM’s and USSPACECOM’s 

FOIA requests were serviced by the 

United States Strategic Command 

(USSTRATCOM) FOIA Requester 

Service Center. Since FOIA requests 

concerning USCYBERCOM and 

USSPACECOM previously existed, the 

cost associated with processing the 

request is unchanged and realigned 

from USSTRATCOM to the new FOIA 

Requester Service Centers. 

Benefits 

The benefit of USCYBERCOM and 

USSPACECOM establishing their own 

FOIA Requester Service Center is that 

FOIA action officers would have a direct 

and deeper knowledge of 

USCYBERCOM and USSPACECOM 

records, allowing for requests to be more 

readily completed within statutory 

timelines. 

This rule also clarifies that DoD 

possesses the discretion to determine 

whether to participate in FOIA 

alternative dispute resolution when 

ADR is requested by a FOIA requester. 

This clarification is necessary to ensure 

that FOIA requesters understand FOIA 

alternative dispute resolution is 

voluntary on the part of both parties and 

the Agency, as one of the parties to the 

mediation, may choose not to mediate a 

given FOIA dispute on a case-by-case 

basis. Furthermore, amending this 

language clarifies that the alternative 

dispute resolution process is governed 

by the National Archives and Records 

Administration, the Office of 

Government Information Service as 

mandated by the FOIA. 

Adding the foreseeable harm 

statement helps requesters understand 

what standards the Department 

considered when processing their 

requests. 

V. Regulatory Compliance Analysis 

A. Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been 

designated not significant, under section 

3(f) of Executive Order 12866. 

B. Congressional Review Act (5 U.S.C. 

801 et seq.) 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. DoD will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States. A major rule may take effect no 

earlier than 60 calendar days after 

Congress receives the rule report or the 

rule is published in the Federal 

Register, whichever is later. This rule is 

not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

C. Public Law 96–354, ‘‘Regulatory 

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

The Assistant to the Secretary of 

Defense for Privacy, Civil Liberties, and 

Transparency 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. The rule will 

implement the procedures for 

processing FOIA requests within the 

DoD, which do not create such an 

impact. Therefore, the Regulatory 

Flexibility Act, as amended, does not 

require us to prepare a regulatory 

flexibility analysis. 

D. Sec. 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

Section 202(a) of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(2 U.S.C. 1532(a)) requires agencies to 

assess anticipated costs and benefits 

before issuing any rule whose mandates 

may result in the expenditure by State, 

local, and tribal governments in the 

aggregate, or by the private sector, in 

any one year of $100 million in 1995 

dollars, updated annually for inflation. 

This rule will not mandate any 

requirements for State, local, or tribal 

governments, nor will it affect private 

sector costs. 

E. Public Law 96–511, ‘‘Paperwork 

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

This rule does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

F. Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a rule 

that imposes substantial direct 

requirement costs on state and local 

governments, preempts state law, or 

otherwise has federalism implications. 

This final rule will not have a 

substantial effect on State and local 

governments, or otherwise have 

federalism implications. 

G. Executive Order 13175, 

‘‘Consultation and Coordination With 

Indian Tribal Governments’’ 

Executive Order 13175 establishes 

certain requirements that an agency 

must meet when it promulgates a rule 

that imposes substantial direct 

compliance costs on one or more Indian 

tribes, preempts tribal law, or affects the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. This rule 

will not have a substantial effect on 

Indian tribal governments. 

List of Subjects in 32 CFR Part 286 

Freedom of information. 

For reasons stated in the preamble, 32 

CFR part 286 is amended as follows: 

PART 286—DOD FREEDOM OF 

INFORMATION ACT (FOIA) PROGRAM 

■ 1. The authority citation for part 286 

continues to read as follows: 

Authority: 5 U.S.C. 552. 

§ 286.1 [Amended] 

■ 2. Amend § 286.1 by removing the 

words ‘‘Directorate for Oversight and 


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84238 Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Rules and Regulations 

Compliance’’ and adding in its place the 

words ‘‘Office of the Assistant to the 

Secretary of Defense for Privacy, Civil 

Liberties, and Transparency 

(OATSD(PCLT))’’. 

■ 3. Amend § 286.3 by: 

■ a. In paragraph (a): 

■ i. Removing the text ‘‘http://

www.foia.gov/report-makerequest.html’’ 

and adding in its place the text ‘‘https:// 

www.foia.gov.’’ 

■ ii. Removing the words ‘‘Defense 

Security Service’’ and adding in their 

place the words ‘‘Counterintelligence 

and Security Agency’’. 

■ iii. Adding the words ‘‘United States 

Cyber Command,’’ after the words 

‘‘United States Central Command,’’. 

■ iv. Removing the words ‘‘Pacific 

Command’’ and adding in their place 

the words ‘‘Indo-Pacific Command’’. 

■ v. Adding the words ‘‘United States 

Southern Command, United States 

Space Command, and United States 

Space Force,’’ before the words ‘‘United 

States Special Operations Command’’. 

■ b. Revising paragraph (b). 

■ c. In paragraph (c), removing ‘‘32 CFR 

part 310’’ and adding in its place ‘‘32 

CFR 310.3(c) through (e)’’. 

The revision reads as follows: 

§ 286.3 General information. 

* * * * * 

(b) The OSD/Joint Staff FOIA RSC 

also processes FOIA requests for several 

DoD agencies and field activities, as 

well as other DoD organizations. A list 

of these agencies, field activities, and 

DoD organizations is available at https:// 

www.esd.whs.mil/FOID/SubmitRequest/. 

* * * * * 

■ 4. Amend § 286.4 by: 

■ a. In paragraph (a), removing the text 

‘‘http://www.foia.gov/reportmakerequest.html’’ and adding in its 

place the text ‘‘https://www.foia.gov.’’ 

■ b. Revising paragraph (b). 

The revision reads as follows: 

§ 286.4 FOIA Public Liaisons and the 

Office of Government Information Services. 

* * * * * 

(b) Engaging in dispute resolution 

services provided by the Office of 

Government Information Services 

(OGIS). These dispute resolution 

processes are voluntary processes. If a 

DoD Component agrees to participate in 

dispute resolution services provided by 

the OGIS, it will actively engage as a 

partner to the process in an attempt to 

resolve the dispute. 

■ 5. Amend § 286.9 by: 

■ a. Revising paragraph (f)(2). 

■ b. In paragraph (h)(1), removing the 

words ‘‘Directorate for Oversight and 

Compliance’’ and adding in their place 

the acronym ‘‘OATSD(PCLT)’’. 

The revision reads as follows: 

§ 286.9 Responses to requests. 

* * * * * 

(f) * * * 

(2) A brief statement of the reasons for 

the denial, including any FOIA 

exemption applied and a statement 

detailing the application of any 

foreseeable harm in applying FOIA 

exemptions by the DoD Component in 

denying the request; 

* * * * * 

§ 286.11 [Amended] 

■ 6. Amend § 286.11 by: 

■ a. In paragraph (b)(1): 

■ i. Adding the words ‘‘Armed Services 

Board of Contract Appeals,’’ after the 

words ‘‘appellate authority:’’. 

■ ii. Removing the words ‘‘Defense 

Security Service’’ and adding in their 

place the words ‘‘Defense 

Counterintelligence and Security 

Agency’’. 

■ b. In paragraph (b)(2): 

■ i. Removing the words ‘‘Deputy Chief 

Management Officer (DCMO)’’ and 

adding in their place the words 

‘‘Assistant to the Secretary of Defense 

for Privacy, Civil Liberties, and 

Transparency (ATSD(PCLT))’’. 

■ ii. Removing the words ‘‘Armed 

Services of Contract Appeals’’. 

■ iii. Adding the words ‘‘United States 

Cyber Command,’’ after the words 

‘‘United States Central Command,’’. 

■ iv. Removing the words ‘‘Pacific 

Command’’ and adding in their place 

the words ‘‘Indo-Pacific Command’’. 

■ v. Adding the words ‘‘United States 

Southern Command,’’ before the words 

‘‘United States Special Operations 

Command’’. 

■ vi. Adding the words ‘‘United States 

Space Command,’’ before the words 

‘‘United States Strategic Command’’. 

■ vii. Removing the acronym ‘‘DCMO’’ 

and adding in its place the acronym 

‘‘ATSD(PCLT)’’ wherever it appears in 

the last sentence. 

Dated: November 27, 2023. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2023–26392 Filed 12–4–23; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100 and 165 

[USCG–2023–0590] 

2023 Quarterly Listings; Safety Zones, 

Security Zones, and Special Local 

Regulations 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of expired 

temporary rules issued. 

SUMMARY: This document provides 

notification of substantive rules issued 

by the Coast Guard that were made 

temporarily effective but expired before 

they could be published in the Federal 

Register. This document lists temporary 

safety zones, security zones, and special 

local regulations, all of limited duration 

and for which timely publication in the 

Federal Register was not possible. This 

document also announces notifications 

of enforcement for existing reoccurring 

regulations that we issued but were 

unable to be published before the 

enforcement period ended. 

DATES: This document lists temporary 

Coast Guard rules and notifications of 

enforcement that became effective, 

primarily between April 2023 and June 

2023, and expired before they could be 

published in the Federal Register. 

ADDRESSES: Temporary rules listed in 

this document may be viewed online, 

under their respective docket numbers, 

using the Federal eRulemaking Portal at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

questions on this document contact 

Yeoman First Class Glenn Grayer, Office 

of Regulations and Administrative Law, 

telephone (202) 372–3862. 

SUPPLEMENTARY INFORMATION: Coast 

Guard District Commanders and 

Captains of the Port (COTP) must be 

immediately responsive to the safety 

and security needs within their 

jurisdiction; therefore, District 

Commanders and COTPs have been 

delegated the authority to issue certain 

local regulations. Safety zones may be 

established for safety or environmental 

purposes. A safety zone may be 

stationary and described by fixed limits 

or it may be described as a zone around 

a vessel in motion. Security zones limit 

access to prevent injury or damage to 

vessels, ports, or waterfront facilities. 

Special local regulations are issued to 

enhance the safety of participants and 

spectators at regattas and other marine 

events. 


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