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33180 Federal Register / Vol. 72, No.

115 / Friday, June 15, 2007 / Proposed Rules

of $100 million or more in any given is to make these submissions available Unfunded Mandates Reform Act (Sec.
year. This determination is based upon for public viewing on the Internet at 202, Pub. L. 104–4)
the fact that the State submittal, which http://regulations.gov as they are It has been certified that this rule does
is the subject of this rule, is based upon received without change, including any not contain a Federal mandate that may
counterpart Federal regulations for personal identifiers or contact result in the expenditure by State, local
which an analysis was prepared and a information. and tribunal governments, in aggregate,
determination made that the Federal FOR FURTHER INFORMATION CONTACT: Mr. or by the private sector, of $100 million
regulation did not impose an unfunded James Hogan (703) 696–4699. or more in any one year.
mandate.
SUPPLEMENTARY INFORMATION: National Environmental Policy Act
List of Subjects in 30 CFR Part 917
Executive Order 13132, ‘‘Federalism’’ It has been certified that this rule does
Intergovernmental relations, Surface not significantly affect the quality of the
mining, Underground mining. It has been certified that this rule does
human environment.
not have federalism implications, as set
Dated: May 4, 2007. forth in Executive Order 13132. This Public Law 96–354, ‘‘Regulatory
Michael K. Robinson, rule does not have substantial direct Flexibility Act’’ (5 U.S.C. 601)
Acting Regional Director. effects on: It has been certified that this rule is
[FR Doc. E7–11586 Filed 6–14–07; 8:45 am] (1) The States; not subject to the Regulatory Flexibility
BILLING CODE 4310–05–P (2) The relationship between the Act (5 U.S.C. 601) because it would not,
National Government and the States; or if promulgated, have a significant
(3) The distribution of power and economic impact on a substantial
DEPARTMENT OF DEFENSE responsibilities among the various number of small entities.
levels of Government.
Office of the Secretary Public Law 96–511, ‘‘Paperwork
Executive Order 12630, ‘‘Government Reduction Act’’ (44 U.S.C. Chapter 35)
Actions and Interference With
32 CFR Part 285 It has been certified that this rule does
Constitutionally Protected Property
[DoD–2007–OS–0041] Rights’’ not impose reporting or recordkeeping
requirements under the Paperwork
[RIN 0790–AI21] It has been certified that this rule does Reduction Act of 1995. The reporting
not: and recordkeeping requirements have
DoD Freedom of Information Act (1) Place a restriction on a use of been submitted to OMB for review.
(FOIA) Program private property;
(2) Involve a permitting process or List of Subjects in 32 CFR Part 285
AGENCY: Department of Defense.
any other decision-making process that Freedom of information.
ACTION: Proposed rule. will interfere with, or otherwise Accordingly, 32 CFR part 285 is
SUMMARY: The Department of Defense is
prohibit, the use of private property; or proposed to be revised to read as
proposing to update current policies (3) Regulate private property use for follows.
and procedures to reflect the DoD FOIA the protection of public health or safety.
PART 285—DOD FREEDOM OF
Program as prescribed by Executive Executive Order 12866, ‘‘Regulatory INFORMATION ACT (FOIA) PROGRAM
Order 13392. The proposed changes will Planning and Review’’
ensure appropriate agency disclosure of Sec.
It has been certified that this rule does
information, and offer consistency with 285.1 Purpose.
not: 285.2 Applicability and scope.
the with the goals of section 552 of title
(1) Have an annual effect on the 285.3 Policy.
5, United States Code.
economy of $100 million or more or 285.4 Responsibilities.
DATES: Comment must be received on or adversely affect in a material way the 285.5 Information requirements.
before August 14, 2007. Do not submit economy; a section of the economy; Authority: 5 U.S.C. 552.
comments directly to the point of productivity; competition; jobs; the
contact or mail your comments to any environment; public health or safety; or § 285.1 Purpose.
address other than what is shown State, local, or tribunal governments or This part:
below. Doing so will delay the posting communities; (a) Update policies and
of the submission. (2) Create a serious inconsistency or responsibilities for implementing the
ADDRESSES: You may submit comments, otherwise interfere with an action taken DoD FOIA Program in accordance with
identified by docket number and or RIN or planned by another Agency; 5 U.S.C. 552 (commonly known as the
number and title, by any of the (3) Materially alter the budgetary ‘‘FOIA’’).
following methods: impact of entitlements, grants, user fees, (b) Continues to authorize 32 CFR part
• Federal eRulemaking Portal: or loan programs, or the rights and 286 to implement the FOIA Program.
http://www.regulations.gov. Follow the obligations of recipients thereof; or (c) Implements E.O. 13392 within the
instructions for submitting comments. (4) Raise novel legal or policy issues Department of Defense.
• Mail: Federal Docket Management arising out of legal mandates, the (d) Continues to delegate authorities
System Office, 1160 Defense Pentagon, President’s priorities, or the principles and responsibilities for the effective
Washington, DC 20301–1160. set forth in this Executive Order. administration of the FOIA Program
Instructions: All submissions received consistent with DoD Directive 5105.53.1
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must include the agency name and Executive Order 13045, ‘‘Protection of
Children From Environmental Health § 285.2 Applicability and scope.
docket number or Regulatory
Risks and Safety Risks’’ This part applies to:
Information Number (RIN) for this
Federal Register document. The general It has been certified that this rule does 1 Copies of DoD Directives, Instructions, and
policy for comments and other not present any environmental health or Publications may be obtained at http://
submission from members of the public safety effects on children. www.dtic.mil/whs/directives/.

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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Proposed Rules 33181

(a) The Office of the Secretary of policies and procedures that govern (3) Establish one or more FOIA
Defense (OSD), the Military administration of the program. Requester Service Centers as prescribed
Departments, the Chairman of the Joint (3) Designate the FOIA Public by E.O. 13392.
Chiefs of Staff, the Combatant Liaisons for the Department of Defense (4) Submit names of personnel to the
Commands, the Office of the Inspector in accordance with E.O. 13392. The DA&M for designation as FOIA Public
General of the Department of Defense, FOIA Public Liaison for OSD, the Liaisons.
the Defense Agencies, the DoD Field Chairman of the Joint Chiefs of Staff, (5) Ensure their respective chains of
Activities, and all other organizational and the Combatant Commands shall be command, affected legal advisors,
entities in the Department of Defense appointed from the Defense Freedom of public affairs officers, and legislative
(hereafter referred to collectively as the Information Policy Office (DFOIPO). affairs officers are aware of releases
‘‘DoD Components’’). (4) Prepare and submit to the Attorney through the FOIA, inclusive of releases
(b) National Security Agency/Central General the DoD Annual Freedom of through litigation channels, that may be
Security Service records, unless the Information Act Report as required by 5 of significant public, media, or
records are exempt according to 50 U.S.C., and other reports as required by Congressional interest, or of interest to
U.S.C. 402. E.O. 13392. senior DoD officials.
(c) Defense Intelligence Agency, (6) Conduct training on the provisions
National Reconnaissance Office, and (5) Serve as the appellate authority for
appeals to the decisions of the of this part, 5 U.S.C. 552, and 32 CFR
National Geospatial-Intelligence Agency part 286 for officials and employees
records, unless the records are exempt respective Initial Denial Authorities
within OSD, the Chairman of the Joint who implement the FOIA.
according to 50 U.S.C. 403–5e, 10 U.S.C. (7) Submit to DFOIPO inputs to the
424 and 455, or other applicable law. Chiefs of Staff, the DoD Field Activities
(listed in 32 CFR part 286), and the DoD FOIA Annual Report prescribed in
§ 295.3 Policy. Combatant Commands. The DA&M or 32 CFR part 286 and E.O. 13392.
(8) Make records specified in 5 U.S.C.
It is DoD policy to: Washington Headquarters Services
(a) Promote public trust by making the 552(a)(2), unless such records are
(WHS) staff.
maximum amount of information published and copies are offered for
(6) Prepare and maintain a DoD
available to the public, in both hard sale, available for public inspection and
issuance and other discretionary
copy and electronic formats, on the copying in an appropriate facility or
information to ensure timely and
operation and activities of the facilities, according to rules published
reasonably uniform implementation of
Department of Defense, consistent with in the Federal Register. These records
the FOIA in the Department of Defense.
the DoD responsibility to protect shall be made availale to the public in
(b) The Director, WHS, under the both hard copy and electronic formats.
national security and other sensitive authority, direction, and control of the
DoD information. (9) Maintain and make current indices
DA&M, shall administer the FOIA of all records available for public
(b) Allow a requester to obtain records Program, inclusive of training, for OSD
from the Department of Defense that are inspection and copying, a required by 5
and the Chairman of the Joint Chiefs of U.S.C. 552(a)(2).
available through other public Staff.
information services without invoking § 285.5 Information requirement.
(c) The General Counsel of the
the FOIA.
(c) Make available, according to the Department of Defense shall: The reporting requirements of 32 CFR
procedures established by 5 U.S.C. 552, (1) Provide uniformity in the legal part 286 have been assigned Report
DoD records requested by a member of interpretation of this part. Control Symbol D–DA&M(A)1365 in
the public who explicitly or implicitly (2) Ensure affected OSD legal accordance with DoD 8910.1–M.
cites the FOIA. advisors, public affairs officers, and Dated: June 11, 2007
(d) Answer promptly all other legislative affairs officers are aware of L.M. Bynum,
requests for DoD information and releases through litigation channels that Alternate OSD Federal Register Liaison
records under established procedures may be of significant public, media, or Officer, DoD.
and practices. Congressional interest, or of interest to [FR Doc. 07–2950 Filed 6–14–07; 8:45 am]
(e) Release DoD records to the public senior DoD officials. BILLING CODE 5401–06–M
unless those records are exempt from (3) Establish procedures to centralize
disclosure as outlined in 5 U.S.C. 552. processing of FOIA litigation documents
(f) Process requests by individuals for when deemed necessary. DEPARTMENT OF HOMELAND
access to records themselves contained (d) The Under Secretary of Defense for SECURITY
in a Privacy Act system of records Intelligence shall establish uniform
according to the procedures set forth in procedures regarding the Coast Guard
32 CFR part 310 and this part, as declassification of national security
amplified by 32 CFR part 286. information made pursuant to requests 33 CFR Part 165
(g) Provide FOIA requesters with invoking the FOIA.
citizen-centered ways to learn about the [CGD09–07–031]
(e) The Heads of the DoD Components
FOIA process, about DoD records that shall: RIN 1625–AA00
are publicly available, and about the (1) Internally administer the DoD
status of a FOIA request and appropriate FOIA Program; publish any instructions Safety Zone; Roostertail Fireworks,
information about the DoD response. necessary for the administration of this Detroit River, Detroit, MI
§ 285.4 Responsibilities. part within their Components that are AGENCY: Coast Guard, DHS.
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(a) The Director, Administration and not prescribed by this part or by other ACTION: Notice of proposed rulemaking.
Management (DA&M), shall: DA&M issuances in the Federal
(1) Serve as the DoD Chief FOIA Register. SUMMARY: The Coast Guard proposes
Officer in accordance with E.O. 13392. (2) Serve as, or appoint another establishing a temporary safety zone on
(2) Direct and oversee the DoD FOIA Component official as, the FOIA the Detroit River, Detroit, Michigan.
Program to ensure compliance with the appellate authority for the Component. This Zone is intended to restrict vessels

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