[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Proposed Rules]
[Pages 60397-60398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24537]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 285

[DoD-OS-2010-0103; RIN 0790-AI51]


DoD Freedom of Information Act (FOIA) Program

AGENCY: Department of Defense.

ACTION: Proposed rule.

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SUMMARY: The Department of Defense is proposing to update current 
policies and procedures to reflect the DoD FOIA Program as prescribed 
by Executive Order 13392. The changes will ensure appropriate agency 
disclosure of information and offer consistency with the goals of 
section 552 of title 5, United States Code.

DATES: Submit comments on or before November 29, 2010.

ADDRESSES: You may submit comments, identified by docket number and or 
RIN number and title, by any of the following methods:
    <bullet> Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Room 3C843, Washington, DC 20301-1160.
    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: Mr. James Hogan, (703) 696-468 fax 
number: (703) 696-4506.

SUPPLEMENTARY INFORMATION: 

Executive Order 12866, ``Regulatory Planning and Review''

    It has been certified that 32 CFR part 285 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 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.

Sec. 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that 32 CFR part 285 does not contain a 
Federal mandate that may result in the expenditure by state, local and 
tribal governments, in aggregate, or by the private sector, of $100 
million or more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that 32 CFR part 285 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.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that 32 CFR part 285 does not impose 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act of 1995.

Executive Order 13132, ``Federalism''

    It has been certified that this rule 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 285

    Freedom of information.

    Accordingly, 32 CFR part 285 is proposed to be amended as follows.

PART 285--[AMENDED]

    1. The authority citation for part 285 continues to read as 
follows:

    Authority:  5 U.S.C. 552.

    2. Section 285.1 is amended by revising paragraph (c) to read as 
follows:


Sec.  285.1  Purpose.

* * * * *
    (c) Implements E.O. 13392, Presidential Memorandum, ``Freedom of 
Information Act,'' January 21, 2009 (available at http://www.whitehouse.gov/the_press_office/Freedom_of_Information_Act/), 
and Attorney General Memorandum, ``The Freedom of Information Act 
(FOIA),'' March 19, 2009 (available at http://www.justice.gov/ag/foia-memo-march2009.pdf) within the Department of Defense.
* * * * *
    3. Section 285.2 is amended by revising paragraph (a) to read as 
follows:


Sec.  285.2  Applicability.

* * * * *
    (a) The Office of the Secretary of Defense (OSD), the Military

[[Page 60398]]

Departments, 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 in the Department of 
Defense (hereafter referred to collectively as the ``DoD Components'').
* * * * *
    4. Section 285.3 is amended by revising paragraph (a) to read as 
follows:


Sec.  285.3  Policy.

* * * * *
    (a) Promote transparency and accountability by adopting a 
presumption in favor of disclosure in all decisions involving the FOIA 
and responding promptly to requests in a spirit of cooperation.
* * * * *
    5. Section 285.4 is amended by:
    a. Revising paragraph (a)(1), the first sentence of paragraph 
(a)(3), paragraph (a)(4), and paragraph (e)(7).
    b. Adding a sentence to the end of paragraph (e)(5).
    The revisions and amendments read as follows:


Sec.  285.4  Responsibilities.

    (a) * * *
    (1) Serve as the DoD Chief FOIA Officer in accordance with Section 
552 of title 5, United States Code.
* * * * *
    (3) Designate the FOIA Public Liaisons for the Department of 
Defense in accordance with Section 552 of title 5, United States Code. 
* * *
    (4) Prepare and submit to the Attorney General the DoD Annual 
Freedom of Information Act Report as required by 5 U.S.C., and other 
reports as required by E.O. 13392 and Attorney General Memorandum, 
``The Freedom of Information Act (FOIA),'' March 19, 2009.
* * * * *
    (e) * * *
    (5) * * * Additionally, DoD Component FOIA offices will provide 
DFOIPO with information copies of significant FOIA requests and 
responses.
* * * * *
    (7) Submit to the DA&M, through DFOIPO, DoD Component inputs to the 
DoD FOIA Annual Report prescribed in 32 CFR part 286 and E.O. 13392 and 
other reports or data requested by the DA&M. All such submissions will 
be made by the FOIA Public Liaisons.
* * * * *

    Dated: September 24, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-24537 Filed 9-29-10; 8:45 am]
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