[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Rules and Regulations]
[Page 37433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16347]


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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 701

[Docket ID: USN-2017-HQ-0003]
RIN 0703-AA95


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

AGENCY: Department of the Navy, Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: This final rule removes DoD's regulation concerning the 
Department of the Navy's Freedom of Information Act (FOIA) program. The 
DoD has revised their FOIA program rule to include DoD component 
information and has removed the requirement for component supplementary 
rules. Therefore, the Navy's FOIA program rule can be removed from the 
CFR.

DATES: This rule is effective on August 1, 2018.

FOR FURTHER INFORMATION CONTACT: Christopher Julka at 703-697-0031.

SUPPLEMENTARY INFORMATION: On February 6, 2018 (83 FR 5196-5197), the 
DoD published a revised FOIA program rule as a result of the FOIA 
Improvement Act of 2016. When the DoD FOIA program rule was revised, it 
included DoD component information and removed the requirement for 
component supplementary rules. The DoD now has one DoD-level rule for 
the FOIA program at 32 CFR part 286 that contains all the codified 
information required for the Department. Therefore, 32 CFR part 701, 
subparts A through D, can be removed from the CFR.
    It has been determined that publication of these subpart removals 
from the CFR for public comment is impracticable, unnecessary, and 
contrary to public interest since it is based on removing DoD internal 
policies and procedures that are publicly available on the Department's 
website.
    Department of the Navy internal guidance concerning the 
implementation of the FOIA within the Navy will remain in effect and 
will continue to be published in SECNAVINST 5720.42F (available at 
https://doni.daps.dla.mil/Directives/05000%20General%20Management%20Security%20and%20Safety%20Services/05-700%20General%20External%20and%20Internal%20Relations%20Services/5720.42F.pdf).
    This rule is one of 14 separate DoD FOIA rules. With the 
finalization of the DoD-level FOIA rule at 32 CFR part 286, the 
Department is eliminating the need for this separate FOIA rule and 
reducing costs to the public as explained in the preamble of the DoD-
level FOIA rule published at 83 FR 5196-5197.
    This rule is not significant under Executive Order (E.O.) 12866, 
``Regulatory Planning and Review,'' therefore, E.O. 13771, ``Reducing 
Regulation and Controlling Regulatory Costs'' does not apply.

List of Subjects in 32 CFR Part 701

    Freedom of information.

    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

0
1. The authority citation for part 701 continues to read as follows:

    Authority: 5 U.S.C. 552.

Subparts A, B, C, and D [Removed and Reserved]

0
2. Remove and reserve subparts A through D.

    Dated: July 26, 2018.
Emilee Kujat Baldini,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2018-16347 Filed 7-31-18; 8:45 am]
 BILLING CODE 5001-06-P