Availability of Department of the Navy Records and Publication of Department of the Navy Documents Affecting the Public

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 701

Availability of Department of the Navy Records and Publication of

Department of the Navy Documents Affecting the Public

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

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SUMMARY: This rule sets forth amended regulations pertaining to the

Department of the Navy's Freedom of Information Act Program. The rule

reflects changes in the Secretary of the Navy's procedures.

EFFECTIVE DATE: June 9, 1994.

FOR FURTHER INFORMATION CONTACT: Mrs. Doris M. Lama (N09B30P), Office

of the Chief of Naval Operations, 2000 Navy Pentagon, Washington, DC

20350-2000, Telephone: (703) 614-2004/2817.

SUPPLEMENTARY INFORMATION: Pursuant to the authority cited below, the

Department of the Navy amends 32 CFR part 701, subparts A, B, C, and D

derived from the Secretary of the Navy Instruction 5720.42 series,

which implements within the Department of the Navy the provisions of

Department of Defense Directives 5400.7 and 5400.7-R series, Department

of Defense Freedom of Information Act Program (32 CFR part 286). This

rule is being published by the Department of the Navy for guidance and

interest of the public in accordance with 5 U.S.C. 552(a)(1). It has

been determined that invitation of public comment on these changes to

the Department of the Navy's implementing instruction prior to adoption

would be impracticable and unnecessary, and it is therefore not

required under the public rulemaking provisions of 32 CFR parts 286 and

701, subpart E. Interested persons, however, are invited to comment in

writing on this amendment. All written comments received will be

considered in making subsequent amendments or revisions to 32 CFR part

701, subparts A, B, C, and D, or the instruction upon which it is

based. Changes may be initiated on the basis of comments received.

Written comments should be addressed to Mrs. Doris M. Lama (N09B30P),

Office of the Chief of Naval Operations, 2000 Navy Pentagon,

Washington, DC 20530-2000. It has been determined that this final rule

is not a ``major rule'' within the criteria specified in section 1(b)

of Executive Order 12291 and does not have substantial impact on the

public.

List of Subjects in 32 CFR Part 701

Administrative practice and procedure, Freedom of Information,

Privacy.

Accordingly, 32 CFR part 701 is amended as follows:

PART 701--AVAILABILITY OF DEPARTMENT OF THE NAVY RECORDS AND

PUBLICATION OF DEPARTMENT OF THE NAVY DOCUMENTS AFFECTING THE

PUBLIC

1. The authority citation for part 701 continues to read as

follows:

Authority: 5 U.S.C. 552.

2. Part 701 is amended by removing ``(OP-09B30)'' and adding in its

place ``(N09B30)'', and removing ``CMC (MI-3)'' and adding in its place

``CMC (ARAD)'', wherever those respective terms appear.

Sec. 701.3 [Amended]

3. Section 701.3 is amended by removing paragraph (i).

Sec. 701.5 [Amended]

4. Section 701.5, paragraph (b), is amended by removing ``Director,

Manpower Management Information Systems Division (HQMC (Code MI))'' and

adding in its place ``Director of Administration and Resource

Management (Code AR)''.

5. Section 701.5, paragraph (e)(2)(i), is amended by removing

``Naval Intelligence Command'' and adding in its place ``Office of

Naval Intelligence'', and is further amended by removing ``Naval

Oceanography Command'' and adding in its place ``Naval Meteorology and

Oceanography Command''.

6. Section 701.5, paragraph (e)(2)(iii)(B), is amended by removing

``Commander, Naval Investigative Service Command'' and adding in its

place ``Director, Naval Criminal Investigative Service''.

7. Section 701.8 is amended by removing paragraph (k);

redesignating paragraphs (l) through (p) as (k) through (o),

respectively, and revising paragraphs (b) and newly designated (k), to

read as follows:

Sec. 701.8 Records requiring special handling.

* * * * *

(b) Naval Investigative Service (NIS)/Naval Criminal Investigative

Service (NCIS) reports. The Director, Naval Criminal Investigative

Service, is the release/denial authority for all NIS/NCIS reports.

Accordingly, a request for a NIS/NCIS report shall be promptly

readdressed to NCIS and the requester notified of the referral. Direct

liaison with NCIS prior to the referral is encouraged.

* * * * *

(k) Naval Nuclear Propulsion Information (NNPI). The Director,

Naval Nuclear Propulsion Program (N00N/NAVSEA 08) is the release/denial

authority for all information concerning NNPI. Naval activities

receiving such requests are responsible for searching their files for

responsive records. If no documents are located, the naval activity

should respond to the requester and provide N00N with a copy of the

request and response. If documents are located, the request, responsive

records, and a recommendation regarding release should be promptly

readdressed to the CNO (N00N/NAVSEA 08), who will ensure proper

coordination and review.

* * * * *

Sec. 701.9 [Amended]

8. Section 701.9, paragraph (j)(2), is amended by removing ``the

Records Disposal Manual'' and adding in its place ``SECNAVINST 5212.5C

(Records Disposal Manual)''.

Sec. 701.10 [Amended]

9. Section 701.10, paragraph (c), is amended by adding after the

term ``Principal Deputy OGC'' the phrase ``or Deputy General Counsel

(Logistics),''.

10. Section 701.10, paragraph (c)(2)(ii)(H), is amended by removing

the period at the end of the paragraph and adding in its place ``;

and''.

11. Section 701.10 is amended by adding paragraph (c)(2)(ii)(I) to

read as follows:

Sec. 701.10 FOIA appeals/judicial actions.

* * * * *

(c) * * *

(2) * * *

(ii) * * *

(I) Environmental matters.

* * * * *

12. Section 701.10, paragraph (d)(2), is amended by removing

``General Counsel, Navy Department, Washington, DC 20360-5110'' and

adding in its place ``General Counsel of the Navy, 2211 Jefferson Davis

Highway, Arlington, VA 22244-5103''.

13. Section 701.25 is amended by revising paragraphs (b) through

(j) and adding paragraphs (k) through (s) to read as follows:

Sec. 701.25 Exemption (b)(3).

* * * * *

(b) Confidentiality of identity of employee who complains to the IG

(5 U.S.C. App., Inspector General Act of 1978, section 7).

(c) Ethics in Government Act of 1978--Protecting Financial

Disclosure Reports of Special Government Employees (5 U.S.C. App.,

Ethics in Government Act of 1978, section 207(a) (1) and (2)).

(d) Civil Service Reform Act--Representation Rights and Duties,

Labor Unions, 5 U.S.C. 7114(b)(4).

(e) Authority to Withhold Unclassified Special Nuclear Weapons

Information, 10 U.S.C. 128. This statute prohibits the unauthorized

dissemination of unclassified information pertaining to security

measures, including security plans, procedures, and equipment for the

physical protection of special nuclear material.

(f) Authority to Withhold Unclassified Technical Data with Military

or Space Application, 10 U.S.C. 130.

(g) Action on Reports of Selection Boards, 10 U.S.C. 618.

(h) Confidentiality of Medical Quality Records: Qualified Immunity

Participants, 10 U.S.C. 1102.

(i) Confidentiality of Financial Records, 12 U.S.C. 3403.

(j) Communication Intelligence, 18 U.S.C. 798.

(k) Confidential Status of Patent Applications, 35 U.S.C. 122.

(l) Secrecy of Certain Inventions and Withholding of Patents

(specific applicable section(s) must be involved, 35 U.S.C. 181 through

188.

(m) Confidentiality of Inventions Information, 35 U.S.C. 205.

(n) Procurement Integrity, 41 U.S.C. 423.

(o) Confidentiality of Patient Records, 42 U.S.C. 290dd-2.

(p) Information regarding Atomic Energy: Restricted and Formerly

Restricted Data (Atomic Energy Act of 1954), specific applicable

exemptions must be invoked (e.g., 42 U.S.C. 2161 through 2168).

(q) Protection of Intelligence Sources and Methods, 50 U.S.C.

403(d)(3).

(r) Protection of identities of US undercover intelligence

officers, agents, informants and sources, 50 U.S.C. 421.

(s) Examples of statutes which DO NOT qualify under exemption

(b)(3) include: 5 U.S.C. 552a, Privacy Act; 17 U.S.C. 101 et seq.,

Copyright Act; 18 U.S.C. 793, Gathering, Transmitting or Losing Defense

Information to Aid Foreign Governments; 18 U.S.C. 1905, Trade Secrets

Act; and 28 U.S.C. 1498, Patent and Copyright Cases.

14. Section 701.31 is amended by revising the second sentence of

paragraph (d)(2); the first sentence of paragraph (f); paragraph

(g)(1); paragraph (g)(3); the final sentence of paragraph (h)(1); and

paragraph (m)(5), to read as follows:

Sec. 701.31 Addresses for requests for Department of the Navy records.

* * * * *

(d) * * *

(2) * * * If unknown, submit requests for Navy contracts to the

Chief of Naval Operations (N09B30), 2000 Navy Pentagon, Washington, DC

20350-2000, and Marine Corps contracts to the Deputy Chief of Staff for

Installations and Logistics, Headquarters U.S. Marine Corps, 2 Navy

Annex, Washington, DC 20380-0001.

* * * * *

(f) Send requests for Navy hotline complaints and all other

investigations and inspections conducted by the NAVINSGEN to the Naval

Inspector General, Building 200, room 100, 901 M Street SE.,

Washington, DC 20374-5006. * * *

(g) * * *

(1) Send requests for NCIS investigatory records and related

matters to the Director, Naval Criminal Investigative Service,

Washington Navy Yard, Building 111, 901 M Street SE., Washington, DC

20388-5380.

* * * * *

(3) Send requests for mishap investigative reports to Commander,

Naval Safety Center, 375 A Street, Norfolk, VA 23511-4399.

(h) * * * If unknown, submit to the General Counsel of the Navy,

2211 Jefferson Davis Highway, Arlington, VA 22344-5103.

* * * * *

(m) * * *

(5) Supply. Send requests for information on naval supply matters

to the Commander, Naval Supply Systems Command, 1931 Jefferson Davis

Highway, Arlington, VA 22341-5360, and for Marine Corps supply matters

to the Commandant of the Marine Corps, HQ USMC, 2 Navy Annex,

Washington, DC 20380-0001.

* * * * *

15. Section 701.31, paragraph (i)(5), is amended by removing

``Chief, Bureau of Medicine and Surgery, Navy Department, Washington,

DC 20372-5120'', and adding in its place ``Chief, Bureau of Medicine

and Surgery, 2300 E Street, NW., Washington, DC 20372-5120''.

16. Section 701.31, paragraph (j)(1), is amended by removing

``Chief, Bureau of Naval Personnel, Navy Department, Washington, DC

20378-5000'' and adding in its place ``Chief of Naval Personnel, 2 Navy

Annex, Washington, DC 20370-5001''.

17. Section 701.31, paragraph (k)(1), is amended by removing

``Commanding Officer, Naval Publications and Forms Center, 5801 Tabor

Avenue, Philadelphia, PA 19120-5099'' and adding in its place

``Aviation Supply Office, Naval Publications and Forms Directorate,

Customer Service, Code 1013, 5801 Tabor Avenue, Philadelphia, PA 19120-

5099''.

18. Section 701.31, paragraph (k)(2), is amended by removing ``CNO

(OP-09B30), Pentagon, Washington, DC 20350-2000'' and adding in its

place ``CNO (N09B30), 2000 Navy Pentagon, Washington, DC 20350-2000''.

19. Section 701.31, paragraph (k)(3), is amended by removing ``Navy

Department, Washington, DC 20380-0001'' and adding in its place ``HQ

USMC, 2 Navy Annex, Washington, DC 20380-0001''.

20. Section 701.31, paragraph (k)(4), is amended by removing

``Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia,

PA 19120-5099'' and adding in its place ``Defense Printing Service

Detachment Office, Customer Service, Building 4D, 700 Robbins Avenue,

Philadelphia, PA 19111-5094''.

21. Section 701.31, paragraph (l), is amended by removing ``5000''

and adding in its place ``5660''.

22. Section 701.31, paragraph (m)(1), is amended by removing

``Naval Air Systems Command Headquarters, Washington, DC 20361-0001''

and adding in its place ``1421 Jefferson Davis Highway, Arlington, VA

22243-5120''.

23. Section 701.31, paragraph (m)(3), is amended by removing

``Naval Sea Systems Command Headquarters, Washington, DC 20362-5101''

and adding in its place ``2531 Jefferson Davis Highway, Arlington, VA

22242-5160''.

24. Section 701.31, paragraph (m)(4), is amended by removing

``Washington, DC 20363-5100'' and adding in its place ``2451 Crystal

Drive, Arlington, VA 22245-5200''.

25. Section 701.31, paragraph (n), is amended by removing

``Director, Naval Historical Center, Ships' Histories Section,

Washington Navy Yard, Washington, DC 20374'' and adding in its place

``Director, Naval Historical Center, Ships' Histories Branch, 901 M

Street SE., Washington Navy Yard, Washington, DC 20374-0571''.

26. Section 701.31, paragraph (q), is amended by removing ``Chief

of Naval Operations (Code 09B30), Pentagon, Washington, DC 20350-2000

and Marine Corps matters to Commandant of the Marine Corps, HQMC (Code

MI-3), Navy Department, Washington, DC 20380-0001'' and adding in its

place ``Chief of Naval Operations (N09B30), 2000 Navy Pentagon,

Washington, DC 20350-2000, and Marine Corps matters to Commandant of

the Marine Corps (Code ARAD), HQ USMC, 2 Navy Annex, Washington, DC

20380-0001''.

Sec. 701.51 [Amended]

27. Section 701.51, paragraph (b), is amended by removing ``naval

industrially funded (NIF)'' and adding in its place ``Defense Business

Operating Fund (DBOF)''.

28. Section 701.51, paragraph (c), is amended by removing ``NIF''

in the two instances where it appears and adding in its place ``DBOF''.

Dated: June 3, 1994.

Lewis T. Booker, Jr.,

LCDR, JAGC, USN, Federal Register Liaison Officer.

[FR Doc. 94-13966 Filed 6-8-94; 8:45 am]

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