20032 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Rules and Regulations

extracted and sent, together with all

other such data from other such reports

that were received during the previous

calendar year for the entire DoD

Component, by March 15, to the Defense

Manpower Data Center (DMDC) where a

consolidated report to Congress is

compiled. DMDC will accept data only

on computer disk using any common

word processing software or ASCII.

* * * *

13. Section 84.33 is amended by

removing paragraphs (a)(1)(ii) and (a)(3)

and removing the paragraph designation

‘‘(i)’’ in paragraph (a)(1); by

redesignating paragraphs (a)(1)(A)

through (a)(1)(C) as paragraphs (a)(1)(i)

through (a)(1)(iii); in paragraph (a)(2) by

revising ‘‘these two statutes’’ to read

‘‘this statute’’; in newly designated

paragraph (a)(1)(ii) remove ‘‘DoD’’ and

add in its place ‘‘DoJ’’; and by revising

paragraph (a) introductory text to read

as follows:

§ 84.33 Restrictions on retired military

members.

* * * * *

(a) 18 U.S.C. 281(a). This statute

restricts the selling activities of retired

military officers. The provisions of this

statute were suspended by the Federal

Acquisition Streamlining Act of 1994

through December 31, 1996.

* * * * *

14. Section 84.36 (d)(1) through (d)(3)

are revised to read as follows:

§ 84.36 Reports of DoD and defense

related employment (DD Form 1787).

* * * * *

(d) * * *

(1) After the Ethics Counselor signs

and dates the report, the Ethics

Counselor shall send the original to the

DoD Component DAEO or designee,

who shall forward it, together with all

other such reports that were received

during the previous calendar year, to

SOCO not later than March 15.

(2) The DoD Component DAEO or

designee shall ensure that appropriate

data from each DD Form 1787 is

extracted and sent, together with all

other such data from other such reports

that were received during the previous

calendar year for the entire DoD

Component, by March 15 to the Defense

Manpower Data Center (DMDC) where a

consolidated report to Congress is

compiled. DMDC will accept data only

on computer disk using any common

word processing software or ASCII.

(3) If steps ensuring compliance with

applicable law and regulations are not

taken by the date established, the Ethics

Counselor shall report the matter to the

DoD Component DAEO and take

whatever other action might be required

in accordance with subchapter J of this

part.

* * * * *

§ 84.38 [Amended]

15. Section 84.38 is amended in

paragraph (c)(2) by revising ‘‘shall’’ to

read ‘‘may’’.

Appendix A to Part 84 [Amended]

16. Appendix A to Part 84 is amended

by removing paragraph (f) of section 1.

Dated: April 18, 1995.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–9967 Filed 4–21–95; 8:45 am]

BILLING CODE 5000–04–M

32 CFR Part 298

[DIS Regulation 01–12]

Defense Investigative Service Freedom

of Information Act Program

AGENCY: Defense Investigative Service

(DIS), DOD.

ACTION: Final rule.

SUMMARY: This revision regarding

implementation of the DIS Freedom of

Information Act program makes

organizational and administrative

changes and conforms these regulations

to the DOD Freedom of Information Act

program.

EFFECTIVE DATE: April 24, 1995.

FOR FURTHER INFORMATION CONTACT:

Mr. Dale L. Hartig, Chief, Office of

Information and Public Affairs, (703)

325–5324.

SUPPLEMENTARY INFORMATION: It has been

certified that this final rule does not

exert a significant economic impact on

a substantial number of small entities.

This determination is based upon the

fact that the rule merely recodifies the

procedural aspects of the Defense

Investigative Service Freedom of

Information Act Program, which

includes guidance on how and from

whom to request information pertaining

to the agency; imposes no new

requirements, rights, or benefits on

small entities; and will have neither a

beneficial nor adverse affect on small

entities. This rule conforms to 32 CFR

part 286. A notice of proposed

rulemaking was published in the

Federal Register on May 6, 1994 (59 FR

23649).

Interested parties were given until

July 5, 1994 to respond. No comments

were received.

List of Subjects in 32 CFR Part 298

Freedom of information.

Accordingly, 32 CFR Part 298 is

revised to read as follows:

PART 298—DEFENSE INVESTIGATIVE

SERVICE (DIS) FREEDOM OF

INFORMATION ACT PROGRAM

Sec.

298.1 Purpose.

298.2 Organization.

298.3 Records maintained by DIS.

298.4 Procedure for release of DIS records.

298.5 Information requirements.

Authority: 5 U.S.C. 552.

§ 298.1 Purpose.

This part states the intent of the

agency regarding policy and procedures

for the public to obtain information

from the Defense Investigative Service

(DIS) under the Freedom of Information

Act (FOIA).

§ 298.2 Organization.

(a) The DIS organization includes a

Headquarters located in Alexandria,

Virginia; four Regions and one

operational area with subordinate

operating locations throughout the

Continental United States (CONUS),

Alaska, Hawaii, and Puerto Rico; the

Defense Industrial Security Clearance

Office (DISCO), Columbus, Ohio; the

Personnel Investigations Center (PIC)

and National Computer Center (NCC) in

Baltimore, Maryland; Office of

Industrial Security International Europe

(OISI–E), located in Brussels, Belgium

with a subordinate office in Mannheim,

Germany; Office of Industrial Security

International Far East (OISI–FE) located

at Camp Zama, Japan; and the

Department of Defense Security

Institute, located in Richmond, Virginia.

(b) A copy of the DIS Directory

showing the addresses of all offices, is

available to the public upon request and

may be obtained by following the

procedures outlined in § 298.4. The

names and duty addresses of DIS

personnel serving overseas are not

released.

§ 298.3 Records maintained by DIS.

It is the policy of DIS to make

publicly available all information which

may be released under the Freedom of

information Act (FOIA), consistent with

its other responsibilities. In

implementing this policy, DIS follows

the procedures set forth in 32 CFR part

286. DIS maintains the following

records which may be of interest to the

public:

(a) The Defense Clearance and

Investigations Index (DCII), which

contains references to investigative

records created and held by DoD

Components. The records indexed are

primarily those prepared by the
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Rules and Regulations 20033

investigative agencies of the DoD,

covering criminal, fraud,

counterintelligence, and personnel

security information. This index also

includes security clearance

determinations made by the various

components of the Department of

Defense. Information in the DCII is not

usually available to the general public,

since general release would violate the

privacy of individuals whose names are

indexed therein.

(b) Records created as required by

DoD Directive 5105.42, ‘‘Defense

Investigative Service (DA&M),’’ (32 CFR

part 361) including investigative and

industrial security records.

(c) Publications referenced in ‘‘DIS

Directives Listing’’ (DIS 00–1–L). A

copy of DIS 00–1–L may be obtained

upon request from the DIS Office of

Information and Public Affairs (V0020),

1340 Braddock Place, Alexandria, VA

22314–1651. While this document will

be provided for the convenience of

possible users of the materials, such

release does not constitute a

determination that all or any of the

publications listed affect the public or

have been cleared for public release.

§ 298.4 Procedures for release of DIS

records.

(a)(1) All requests will be submitted

in writing to: Defense Investigative

Service, Office of Information and

Public Affairs (V0020), 1340 Braddock

Place, Alexandria, Virginia 22314–1651.

(2) Requests directed to any agency

activity (headquarters or field elements)

will be forwarded to the Office of

Information and Public Affairs.

(b) All requests shall contain the

following information:

(1) As complete an identification as

possible of the desired material

including to the extent known, the title

description, and date. 32 CFR part 286

does not authorize ‘‘fishing

expeditions.’’ In the event a request is

not reasonably described as defined in

32 CFR part 286, the requester will be

notified by DIS of the defect.

(2) The request must contain the first

name, middle name or initial, surname,

date and place of birth, social security

number, and, if applicable, military

service number of the individual

concerned, with respect to material

concerning investigations of an

individual.

(3) A statement as to whether the

requester wishes to inspect the record or

obtain a copy of it.

(4) A statement that all costs for

search (in the case of ‘‘other’’ and

‘‘commercial’’ requesters), duplication

(in case of all categories of requesters),

and review (in the case of ‘‘commercial

requesters’’) will be borne by the

requester even if no records, or no

releasable records, are found, if

appropriate. See 32 CFR part 286 for

information on fees and fee waivers.

(5) The full address (including ZIP

code) of the requester.

(c) A notarized request by an

individual requesting investigative or

other personnel records may be required

to avoid the risk of invasion of privacy.

Requesters will be notified and

furnished appropriate forms if this

requirement is deemed necessary. In

lieu of a notarized statement, an

unsworn declaration in accordance with

28 U.S.C. 1746 may be required.

(d) When a request is incomplete or

fails to include all of the information

required, the requester will be contacted

for additional information prior to

beginning release procedures.

(e) DIS shall normally respond to

request within 10 working days after

receipt by the Office of Information and

Public Affairs, unless an extension is

required and the requester is notified in

writing. If a significant number of

requests prevents responding in 10

working days, requests, will be

processed on a first-come, first-served

basis to ensure equitable treatment to all

requesters.

(f) When the release of information

has been approved, a statement of costs

computed in accordance with the DoD

Fee Schedule (32 CFR part 286), or a

statement waiving the fee, will be

included in the notification of approval.

Records approved for release will

generally be mailed immediately

following the receipt of fees. Fees may

be waived or reduced in accordance

with 32 CFR part 286. Remittances must

be in the form of a personal check, bank

draft, or postal money order.

Remittances are to be made payable to

the Treasurer of the United States.

Certified documents may be requested

for an official government or legal

function, and will be provided at a rate

established by 32 CFR part 286 for each

authentication.

(g) When requests are denied in whole

or in part in accordance with 32 CFR

part 286, the requester will be advised

of the identity of the official making the

denial, the reason for the denial, the

right of appeal of the decision, and the

identity of the person to whom an

appeal may be addressed.

(h) Facilities for the review or

reproduction of records following

approval of the request or appeal are

available at the Defense Investigative

Service, Office of Information and

Public Affairs, 1340 Braddock Place,

Alexandria, Virginia 22314–1651. All

other transactions will be conducted by

mail.

(i) Appeal of denial of DIS records

and information. (1) All appeals will be

submitted in writing and reach the

following appellate authority no later

than 60 days after the date of the initial

denial letter: Director, Defense

Investigative Service (V0000), 1340

Braddock Place, Alexandria, Virginia

22314–1651.

(2) All appeals will contain at least

the same identification of the records

requested as the original request, and a

copy of the letter denying the request,

if available. Requesters will be given

appeal rights when a search has been

conducted and no records are located.

(3) All appeals will be reviewed by

the Director, DIS, or the Special

Assistant to the Director, DIS. Responses

to appeals normally shall be made

within 20 working days after receipt,

unless an extension is required and the

appellant is notified. When a request is

approved on appeal, the procedures set

forth in paragraph (f) of this section will

be followed.

§ 298.5 Information requirements.

The DIS Office of Information and

Public Affairs is responsible for

preparation of the annual ‘‘Freedom of

Information Act Report.’’ This report

has been assigned control symbol PA

(TRA&AN) 1365. No forms or

publications are required by this part.

Dated: April 11, 1995.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–9301 Filed 4–21–95; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–95–037]

RIN 2115–AA97

Safety Zone: Greenwood Lake

Powerboat Race, Greenwood Lake, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

a powerboat race located on Greenwood

Lake, New Jersey. This safety zone is in

effect from 10 a.m. until 7 p.m. on

Saturday, May 20, and Sunday, May 21,

1995. The safety zone temporarily closes

a southern portion of Greenwood Lake

to protect the racing participants and