[Federal Register Volume 64, Number 244 (Tuesday, December 21, 1999)]
[Rules and Regulations]
[Pages 71297-71299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32306]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 296
National Reconnaissance Office Freedom of Information Act Program
Regulation
AGENCY: National Reconnaissance Office, DoD.
ACTION: Final rule.
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SUMMARY: This final rule establishes the National Reconnaissance Office
(NRO) regulation governing the disclosure of information under the
Freedom of Information Act. This part is reissued pursuant to the
Department of Defense rule, which implements the Freedom of Information
Act and it conforms to the Department's rule and schedule. As a
component of the Department of Defense, the Department rules and
schedules with respect to the Freedom of Information Act, as amended,
will also be the policy of the NRO.
Effective Date: October 20, 1999.
FOR FURTHER INFORMATION CONTACT: Barbara Friemann, Chief, Information
Access and Release Center, (703) 808-5029, Reading Room Appointments
(703) 808-2474 or (703) 808-5500.
SUPPLEMENTARY iNFORMATION: The NRO published a final rule of this part
on November 16, 1993 (58 FR 60382). This rule does not constitute a
significant regulatory action within the meaning of Executive Order
12866. Neither the requirements of the Regulatory Flexibility Act (5
U.S.C. 601-612), nor the reporting or record-keeping requirements under
the Paperwork Reduction Act of 1995 (Pub. L.
104-13) apply. It is hereby certified that this final rule does not
exert a significant economic impact nor impose new requirements on a
number of small entities. This determination is made based upon the
fact that the rule merely codifies the procedural aspects of the NRO
Freedom of Information Act Program, as amended by the ``Electronic
Freedom of Information Act Amendment of 1996''. It includes guidance
on how and from whom to request information pertaining to the NRO.
List of Subjects 32 CFR Part 296
Freedom of information.
Accordingly, 32 CFR part 296 is revised to read as follows:
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PART 296--NATIONAL RECONNAISSANCE OFFICE FREEDOM OF INFORMATION ACT
PROGRAM REGULATION
Sec.
296.1 Purpose.
296.2 Definitions.
296.3 Indexes.
296.4 Procedures for request of records.
296.5 Appeals.
296.6 Reading room.
Authority: 5 U.S.C. 552, as amended.
Sec. 296.1 Purpose.
The purpose of this part is to provide policies and procedures for
the National Reconnaissance Office (NRO) implementation of the Freedom
of Information Act (5 U.S.C. 552 as amended) (FOIA), and to promote
uniformity in the NRO FOIA program.
Sec. 296.2 Definitions.
The terms used in this part, with the exception of the following,
are defined in 32 CFR part 286:
(a) Freedom of Information Act appellate authority. The Chief of
Staff, NRO.
(b) Initial denial authority. The Chief, Information Access &
Release Center NRO.
Sec. 296.3 Indexes.
(a) The NRO does not originate final orders, opinions, statements
of policy, interpretations, staff manuals or instructions that affect a
member of the public of the type covered by the indexing requirement of
5 U.S.C. 552(a)(2). The Director, NRO, has therefore determined,
pursuant to pertinent statutory and executive order requirements, that
it is unnecessary and impracticable to publish an index of the type
required by 5 U.S.C. 552(a)(2), except the index noted in paragraph (b)
of this section.
(b) A general index of FOIA-processed (a)(2) records shall be made
available to the public, both in hard copy and electronically by
December 31, 1999.
Sec. 296.4 Procedures for request of records.
(a) Requests. Requests for access to records of the National
Reconnaissance Office may be filed by mail or FAX addressed to the
Chief, Information Access and Release Center, National Reconnaissance
Office, 14675 Lee Road, Chantilly, VA 20151-1715, FAX Number (703) 808-
5082. Requests need not be made on any special form but must be by
letter or FAX or other written statement identifying the request as a
Freedom of Information Act request and setting forth sufficient
information reasonably describing the requested record. All requests
should contain a willingness to pay assessable FOIA fees.
(b) Date of acceptance. The requestor shall be promptly informed by
letter of the date of acceptance of the request. The search conducted
pursuant to that request shall be for records in existence as of and
through the acceptance date.
(c) Determination and notification. When the requested record has
been located and identified, the Initial Denial Authority shall
determine whether the record is one which, consistent with statutory
requirements, executive orders and appropriate directives, may be
released or may contain information that is exempt under the provisions
of 5 U.S.C. 552. Normally, the Initial Denial Authority shall notify
the requestor of the determination within 20 working days of the
receipt of the request.
(d) Multi-track processing. The NRO has 3 queues in which requests
may be processed when a significant number of pending requests prevents
a response within 20 working days, all based on the date of receipt,
first-in first-out, and the amount of work, time, and volume involved
in processing the requests.
(See subparagraph C1.5.4.2. of DoD 5400.7-R \1\, Sept 1998). The
queues are:
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(1) Simple. Those requests which are easily handled and processed.
(2) Complex. Those requests which are complicated by multiple
searches, co-ordinations, consultations, volume etc.
(3) Expedited. Expedited processing shall be granted to a requestor
after the requestor asks for and demonstrates a compelling need for the
information (paragraph C1.5.4.3. of DoD 5400.7-R)
(e) Extension of response time. In unusual circumstances when
additional time is needed to respond, the Initial Denial Authority
shall notify the requestor in writing of the reasons therefore, and an
anticipated date, not to exceed 10 additional working days, on which a
determination is expected to be dispatched. The Initial Denial
Authority will normally send this notification within 20 working days
from receipt of the request. Should it be determined that this 10
additional working days cannot be met, the requestor shall be notified
and offered the opportunity to limit or narrow the scope of the request
in order to facilitate faster processing, or to arrange an alternative
time for processing the request (paragraph C1.5.2.6. of DoD 5400.7-R)
(f) Fees.
(1) General. As a component of the Department of Defense, the
applicable published Department rules and schedules with respect to the
schedule of fees chargeable and waiver of fees will also be the policy
of NRO. See 32 CFR 286.33.
(2) Advance payments. (i) Where a total fee to be assessed is
estimated to exceed $250, advance payment of the estimated fee will be
required before processing of the request, except where assurances of
full payment are received from a requestor with a history of prompt
payment. Where a requestor has previously failed to pay a fee within 30
calendar days of the date of the billing, the requestor will be
required to pay the full amount owed, plus any applicable interest, or
demonstrate that he or she has paid the fee, as well as make an advance
payment of the full amount of any estimated fee before processing of a
new or pending request continues.
(ii) For all other requests, advance payment, i.e., a payment made
before work is commenced, will not be required. Payment for work
already completed is not an advance payment. Responses will not be held
pending receipt of fees from requestors with a history of prompt
payment. Fees should be paid by certified check or postal money order
forwarded to the Chief, Information Access and Release Center (IARC)
and made payable to the Treasurer of the United States.
Sec. 296.5 Appeals.
Any person denied access to records, denied a fee waiver, involved
in a dispute regarding fee estimates, or who considers a no record
determination, or any determination to be adverse in nature, may,
within 60 days after notification of such denial, file an appeal to the
Freedom of Information Act Appellate Authority, National Reconnaissance
Office. Such an appeal shall be in writing addressed to the Chief,
Information Access and Release Center, National Reconnaissance Office,
14675 Lee Road, Chantilly, VA 20151-1715, should reference the initial
denial, and shall contain the basis for disagreement with the initial
denial. The Freedom of Information Act Appellate Authority shall
normally make a final determination on an appeal within 20 working days
after receipt of the appeal.
Sec. 296.6 Reading room.
(a) The NRO shall provide a reading room equipped with hard copy
and electronic records as required in the ``Electronic Freedom of
Information Act Amendments of 1996''. The NRO Reading Room is located
at 14675 Lee Road, Chantilly VA, 20151-1715 and is open weekdays only
from 8:00 am until
[[Page 71299]]
4:00 p.m. Requestors must call for an appointment twenty-four (24)
hours in advance so that optimum customer service can be provided.
(703) 808-5029. Fees will be charged for duplication of hard copy
records at $.15 per page after the first 100 pages. Softcopy media
provided to visitors is assessed as follows:
(1) 5.25'' Floppy diskette $0.50
(2) 3.5'' Floppy diskette $0.50
(3) CD-R Media $3.75
(4) Video Tape $4.00.
(b) The NRO FOIA Electronic Reading Room is located on the NRO Home
Page: www.nro.odci.gov.
Dated: December 9, 1999.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 99-32306 Filed 12-20-99; 8:45 am]
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