81_FR_24121 81 FR 24042 - Mandatory Declassification Review Program

81 FR 24042 - Mandatory Declassification Review Program

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

Federal Register Volume 81, Issue 79 (April 25, 2016)

Page Range24042-24044
FR Document2016-09251

The Office of the Director of National Intelligence (ODNI) is publishing this proposed rule pursuant to Executive Order 13526, relating to classified national security information. It provides procedures for members of the public to request from ODNI a Mandatory Declassification Review (MDR) of information classified under the provisions of Executive Order 13526 or predecessor orders such that the agency may retrieve it with reasonable effort. This rule also informs requesters where to send requests for an MDR.

Federal Register, Volume 81 Issue 79 (Monday, April 25, 2016)
[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Proposed Rules]
[Pages 24042-24044]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09251]


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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

32 CFR Part 1704


Mandatory Declassification Review Program

AGENCY: Office of the Director of National Intelligence.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Office of the Director of National Intelligence (ODNI) is 
publishing this proposed rule pursuant to Executive Order 13526, 
relating to classified national security information. It provides 
procedures for members of the public to request from ODNI a Mandatory 
Declassification Review (MDR) of information classified under the 
provisions of Executive Order 13526 or predecessor orders such that the 
agency may retrieve it with reasonable effort. This rule also informs 
requesters where to send requests for an MDR.

DATES: Submit comments on or before May 25, 2016.

ADDRESSES: You may submit comments by any of the following methods: By 
mail to the Office of the Director of National Intelligence, Director 
of the Information Management Division, Washington, DC 20511, by 
facsimile at (703) 874-8910, or by email at [email protected].

FOR FURTHER INFORMATION CONTACT: Jennifer L. Hudson, 703-874-8085.

SUPPLEMENTARY INFORMATION: It is the policy of the ODNI to act in 
matters relating to national security information in accordance with 
Executive Order 13526 and directives issued thereunder by the 
Information Security Oversight Office (ISOO). The purpose of this rule 
is to assist in implementing specific sections of Executive Order 13526 
concerning the Mandatory Declassification Review (MDR).

Regulatory Impact

    This proposed rule is not a significant regulatory action for the 
purposes of Executive Order 12866. This rule is not a major rule as 
defined in 5 U.S.C. Chapter 8, Congressional Review of Agency 
Rulemaking. As required by the Regulatory Flexibility Act, we certify 
that this proposed rule will not have a significant impact on a 
substantial number of small entities because it applies only to Federal 
agencies.

List of Subjects in 32 CFR Part 1704

    Declassification, Information, Intelligence, National security 
information.

0
For the reasons set forth in the preamble, ODNI proposes to add 32 CFR 
part 1704 to read as follows:

PART 1704--MANDATORY DECLASSIFICATION REVIEW PROGRAM

Sec.
1704.1 Authority and purpose.
1704.2 Definitions.
1704.3 Contact information.
1704.4 MDR program feedback.
1704.5 Guidance.
1704.6 Exceptions.
1704.7 Requirements.
1704.8 Fees.
1704.9 Determination by originator or interested party.
1704.10 Appeals.

     Authority: 50 U.S.C. 3001; E.O. 13526, 75 FR 707, 3 CFR, 2009 
Comp, p. 298.


Sec.  1704.1  Authority and purpose.

    (a) Authority. This part is issued under the authority of 32 CFR 
2001.33; Section 3.5 of Executive Order 13526 (or successor Orders); 
the National Security Act of 1947, as amended (50 U.S.C. 3001 et seq.).
    (b) Purpose. This part prescribes procedures, subject to 
limitations set forth below, for requesters to request a mandatory 
declassification review of information classified under Executive Order 
13526 or predecessor or successor orders. Section 3.5 of Executive 
Order 13526 and these regulations are not intended to and do not create 
any right or benefit, substantive or procedural, enforceable at law by 
a party against the United States, its agencies, officers, employees, 
or agents, or any other person.


Sec.  1704.2  Definitions.

    For purposes of this part:
    Control means the authority of the agency that originates 
information, or its successor in function, to regulate access to the 
information. (32 CFR 2001.92)
    Day means U.S. Federal Government working day, which excludes 
Saturdays, Sundays, and federal holidays. Three (3) days may be added 
to any time limit imposed on a requester by this part if responding by 
U.S. domestic mail; ten (10) days may be added if responding by 
international mail.
    D/IMD means the Director of the Information Management Division and 
the leader of any successor organization, who serves as the ODNI's 
manager of the information review and release program.
    Federal agency means any Executive agency, as defined in 5 U.S.C. 
105; any Military department, as defined in 5 U.S.C. 102; and any other 
entity within the executive branch that comes into the possession of 
classified information.
    Information means any knowledge that can be communicated or 
documentary material, regardless of its physical form that is owned by, 
produced by or for, or under the control of the U.S. Government; it 
does not include information originated by the incumbent President, 
White House Staff, appointed committees, commissions or boards, or any 
entities within the Executive Office that solely advise and assist the 
incumbent President.
    Interested party means any official in the executive, military, 
congressional, or judicial branches of government, or U.S. Government 
contractor who, in the sole discretion of the ODNI, has a subject

[[Page 24043]]

matter or other interest in the documents or information at issue.
    NARA means the National Archives and Records Administration.
    ODNI means the Office of the Director of National Intelligence.
    Order means Executive Order 13526, ``Classified National Security 
Information'' (December 29, 2009) or successor Orders.
    Originating element means the element that created the information 
at issue.
    Presidential libraries means the libraries or collection 
authorities established under the Presidential Libraries Act (44 U.S.C. 
2112) and similar institutions or authorities as may be established in 
the future.
    Referral means coordination with or transfer of action to an 
interested party.
    Requester means any person or organization submitting an MDR 
request.


Sec.  1704.3  Contact information.

    For general information on the regulation in this part or to submit 
a request for a Mandatory Declassification Review (MDR), please direct 
your communication by mail to the Office of the Director of National 
Intelligence, Director of the Information Management Division, 
Washington, DC 20511; by facsimile to (703) 874-8910; or by email to 
[email protected]. For general information on the ODNI MDR program or 
status information on pending MDR cases, call (703) 874-8500.


Sec.  1704.4  Suggestions or comments.

    The ODNI welcomes suggestions for improving the administration of 
our MDR program in accordance with Executive Order 13526. Suggestions 
should identify the specific purpose and the items for consideration. 
The ODNI will respond to all communications and take such actions as 
determined feasible and appropriate.


Sec.  1704.5  Guidance.

    Address all communications to the point of contact as specified in 
Sec.  1704.3. Clearly describe, list, or label said communication as an 
MDR Request.


Sec.  1704.6  Exceptions.

    MDR requests will not be accepted from a foreign government entity 
or any representative thereof. MDR requests will not be accepted for 
documents required to be submitted for pre-publication review or other 
administrative process pursuant to an approved nondisclosure agreement; 
for information that is the subject of pending litigation; nor for any 
document or material containing information contained within an 
operational file exempted from search and review, publication, and 
disclosure under the FOIA. If the ODNI has reviewed the requested 
information for declassification within the past two years, the ODNI 
will not conduct another review, but the D/IMD will notify the 
requester of this fact and the prior review decision. Requests will not 
be accepted from requesters who have outstanding fees for MDR or 
Freedom of Information Act (FOIA) requests with the ODNI or another 
federal agency.


Sec.  1704.7  Requirements.

    An MDR request shall describe the document or material containing 
the information with sufficient specificity to enable the ODNI to 
locate it with a reasonable amount of effort.


Sec.  1704.8  Fees.

    (a) In general. Any search, review, and reproduction fees will be 
charged in accordance with the provisions below relating to schedule, 
limitations, and category of requester. Applicable fees will be due 
even if a subsequent search locates no responsive records.
    (b) Agency discretion to waive fees. Records will be furnished 
without charge or at a reduced rate when ODNI determines:
    (1) As a matter of administrative discretion, the interest of the 
United States Government would be served, or
    (2) It is in the public interest to provide responsive records 
because the disclosure is likely to contribute significantly to the 
public understanding of the operations or activities of the United 
States Government and is not primarily in the commercial interest of 
the requester.
    (c) Agreement to pay fees. If you request an MDR, it shall be 
considered a firm commitment by you to pay all applicable fees 
chargeable under this regulation, up to and including the amount of 
$25.00. When making a request, you may specify a willingness to pay a 
greater or lesser amount.
    (d) Advance payment. The ODNI may require an advance payment of up 
to 100 percent of the estimated fees when projected fees exceed 
$250.00, not including charges associated with the first 100 pages of 
production and two hours of search (when applicable), or when the 
requester previously failed to pay fees in a timely fashion, for fees 
of any amount. ODNI will hold in abeyance for 45 days those requests 
where advance payment has been requested.
    (e) Schedule of fees--(1) In general. The schedule of fees for 
services performed in responding to requests for records is as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                       Personnel Search and Review
------------------------------------------------------------------------
Clerical/Technical................  Quarter Hour........          $ 5.00
Professional/Supervisory..........  Quarter Hour........           10.00
Manager/Senior Professional.......  Quarter Hour........           18.00
------------------------------------------------------------------------
                     Computer Search and Production
------------------------------------------------------------------------
Search (on-line)..................  Flat Rate...........           10.00
Search (off-line).................  Flat Rate...........           30.00
Other activity....................  Per minute..........           10.00
Tapes (mainframe cassette)........  Each................            9.00
Tapes (mainframe cartridge).......  Each................            9.00
Tapes (mainframe reel)............  Each................           20.00
Tapes (PC 9mm)....................  Each................           25.00
Diskette (3.5'')..................  Each................            4.00
CD (bulk recorded)................  Each................           10.00
CD (recordable)...................  Each................           20.00
Telecommunications................  Per minute..........             .50
Paper (mainframe printer).........  Per page............             .10
Paper (PC b&w laser printer)......  Per page............             .10
Paper (PC color printer)..........  Per page............            1.00
------------------------------------------------------------------------

[[Page 24044]]

 
                            Paper Production
------------------------------------------------------------------------
Photocopy (standard or legal).....  Per page............             .10
Pre-printed (if available)........  Per 100 pages.......            5.00
Published (if available)..........  Per item............            NTIS
------------------------------------------------------------------------

    (2) Application of schedule. Personnel search time includes time 
expended in manual paper records searches, indices searches, review of 
computer search results for relevance, and personal computer system 
searches. In any event where the actual cost to ODNI of a particular 
item is less than the above schedule (e.g., a large production run of a 
document resulting in a cost less than $5.00 per hundred pages), then 
the actual lesser cost will be charged.
    (3) Other services. For all other types of output, production, or 
reproduction (e.g., photographs, maps, or published reports), ODNI will 
charge actual cost or amounts authorized by statute. Determinations of 
actual cost shall include the commercial cost of the media, the 
personnel time expended in making the item to be released, and an 
allocated cost of the equipment used in making the item, or, if the 
production is effected by a commercial service, then that charge shall 
be deemed the actual cost for purposes of this regulation.
    (f) Limitations on collection of fees--(1) In general. No fees will 
be charged if the cost of collecting the fee is equal to or greater 
than the fee itself. That cost includes the administrative costs to 
ODNI of billing, receiving, recording, and processing the fee for 
deposit to the Treasury Department and, as of the date of these 
regulations, is deemed to be $10.00.
    (g) Associated requests. If it appears a requester or a group of 
requesters acting in concert have requested portions of an apparently 
unitary request for the purpose of avoiding the assessment of fees, 
ODNI may aggregate any such requests and charge accordingly. Requests 
from multiple requesters will not be aggregated without clear evidence. 
ODNI will not aggregate multiple unrelated requests.


Sec.  1704.9  Determination by originator or interested party.

    (a) In general. The originating element(s) of the classified 
information (document) is always an interested party to any mandatory 
declassification review; other interested parties may become involved 
through a referral by the D/IMD when it is determined that some or all 
of the information is also within their official cognizance.
    (b) Required determinations. These parties shall respond in writing 
to the D/IMD with a finding as to the classified status of the 
information, including the category of protected information as set 
forth in section 1.4 of the Order, and if older than ten years, the 
basis for the extension of classification time under sections 1.5 and 
3.3 of the Order. These parties shall also indicate whether withholding 
is otherwise authorized and warranted in accordance with sections 
3.5(c) and 6.2(d) of the Order.
    (c) Time. Responses to the requester shall be provided on a first-
in/first-out basis, taking into account the business requirements of 
the originating element(s) and other interested parties, and, in 
accordance with Executive Order 13526, ODNI will respond to requesters 
within one year of receipt of requests.
    (d) Deciding official. The IMD FOIA Branch Chief, in consultation 
with the D/IMD and the Classification Management Branch Chief, will 
ordinarily be the deciding official on initial reviews of MDR requests 
to the ODNI.


Sec.  1704.10  Appeals.

    (a) Administrative. Appeals of initial decisions must be received 
in writing by the D/IMD within 60 days of the date of mailing of the 
ODNI's decision. The appeal must identify with specificity the 
documents or information to be considered on appeal and it may but need 
not provide a factual or legal basis for the appeal.
    (1) Exceptions. No appeal shall be accepted from a foreign 
government entity or any representative thereof. Appeals will not be 
accepted for documents required to be submitted for pre-publication 
review or other administrative process pursuant to an approved 
nondisclosure agreement; for information that is the subject of pending 
litigation; nor for any document or material containing information 
contained within an operational file exempted from search and review, 
publication, and disclosure under the FOIA. No appeals shall be 
accepted if the requester has outstanding fees for information services 
at ODNI or another Federal agency. In addition, no appeal shall be 
accepted if the information in question has been the subject of a 
declassification review within the previous two years.
    (2) Receipt, recording, and tasking. The D/IMD will record each 
appeal received under this part and acknowledge receipt to the 
requester.
    (3) Appellate authority. The ODNI Chief Management Officer (CMO), 
after consultation with all interested parties or ODNI component 
organization as well as with the Office of General Counsel, will make a 
final determination on the appeal within 60 days.
    (b) Final appeal. The D/IMD will prepare and communicate the ODNI 
administrative appeal decision to the requester, NARA, Presidential 
Library and referring agency, as appropriate. Correspondence will 
include a notice, if applicable, that a further appeal of ODNI's final 
decision may be made to the Interagency Security Classification Appeals 
Panel (ISCAP) established pursuant to section 5.3 of Executive Order 
13526. Action by that Panel will be the subject of rules to be 
promulgated by the Information Security Oversight Office.

    Dated: April 12, 2016.
Mark W. Ewing,
Chief Management Officer.
[FR Doc. 2016-09251 Filed 4-22-16; 8:45 am]
 BILLING CODE 9500-01-P



                                                      24042                    Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Proposed Rules

                                                      repair medical devices (hereafter termed                the public to request from ODNI a                        Authority: 50 U.S.C. 3001; E.O. 13526, 75
                                                      ‘‘third-party entity or entities’’),                    Mandatory Declassification Review                      FR 707, 3 CFR, 2009 Comp, p. 298.
                                                      including radiation-emitting devices                    (MDR) of information classified under                  § 1704.1   Authority and purpose.
                                                      subject to the electronic product                       the provisions of Executive Order 13526
                                                      radiation control (EPRC) provisions of                  or predecessor orders such that the                       (a) Authority. This part is issued
                                                      the Federal Food, Drug, and Cosmetic                    agency may retrieve it with reasonable                 under the authority of 32 CFR 2001.33;
                                                      Act (the FD&C Act). Comments on the                     effort. This rule also informs requesters              Section 3.5 of Executive Order 13526 (or
                                                      service, maintenance, refurbishment,                    where to send requests for an MDR.                     successor Orders); the National Security
                                                      and alteration of medical devices, by                                                                          Act of 1947, as amended (50 U.S.C. 3001
                                                                                                              DATES: Submit comments on or before                    et seq.).
                                                      third-party entities as well as challenges              May 25, 2016.
                                                      third-party entities face in maintaining                                                                          (b) Purpose. This part prescribes
                                                                                                              ADDRESSES: You may submit comments                     procedures, subject to limitations set
                                                      or restoring devices to their original or
                                                      current specifications will inform FDA                  by any of the following methods: By                    forth below, for requesters to request a
                                                      when we hold a public meeting later in                  mail to the Office of the Director of                  mandatory declassification review of
                                                      2016 to further engage this segment of                  National Intelligence, Director of the                 information classified under Executive
                                                      the device industry and healthcare                      Information Management Division,                       Order 13526 or predecessor or successor
                                                      community.                                              Washington, DC 20511, by facsimile at                  orders. Section 3.5 of Executive Order
                                                         The Agency has received requests for                 (703) 874–8910, or by email at dni-                    13526 and these regulations are not
                                                      a 30-day extension of the comment                       FOIA@dni.gov.                                          intended to and do not create any right
                                                      period for the document. Each request                   FOR FURTHER INFORMATION CONTACT:                       or benefit, substantive or procedural,
                                                      conveyed concern that the current 60-                   Jennifer L. Hudson, 703–874–8085.                      enforceable at law by a party against the
                                                      day comment period does not allow                       SUPPLEMENTARY INFORMATION: It is the                   United States, its agencies, officers,
                                                      sufficient time to develop meaningful or                policy of the ODNI to act in matters                   employees, or agents, or any other
                                                      thoughtful response to the document on                  relating to national security information              person.
                                                      ‘‘Refurbishing, Reconditioning,                         in accordance with Executive Order                     § 1704.2   Definitions.
                                                      Rebuilding, Remarketing,                                13526 and directives issued thereunder
                                                      Remanufacturing, and Servicing of                                                                                For purposes of this part:
                                                                                                              by the Information Security Oversight                    Control means the authority of the
                                                      Medical Devices Performed by Third-                     Office (ISOO). The purpose of this rule                agency that originates information, or its
                                                      Party Entities and Original Equipment                   is to assist in implementing specific                  successor in function, to regulate access
                                                      Manufacturers.’’                                        sections of Executive Order 13526
                                                         FDA has considered the requests and                                                                         to the information. (32 CFR 2001.92)
                                                                                                              concerning the Mandatory                                 Day means U.S. Federal Government
                                                      is extending the comment period for the                 Declassification Review (MDR).
                                                      document on ‘‘Refurbishing,                                                                                    working day, which excludes Saturdays,
                                                      Reconditioning, Rebuilding,                             Regulatory Impact                                      Sundays, and federal holidays. Three (3)
                                                      Remarketing, Remanufacturing, and                                                                              days may be added to any time limit
                                                                                                                This proposed rule is not a significant
                                                      Servicing of Medical Devices Performed                                                                         imposed on a requester by this part if
                                                                                                              regulatory action for the purposes of
                                                      by Third-Party Entities and Original                                                                           responding by U.S. domestic mail; ten
                                                                                                              Executive Order 12866. This rule is not
                                                      Equipment Manufacturers’’ for 30 days,                                                                         (10) days may be added if responding by
                                                                                                              a major rule as defined in 5 U.S.C.
                                                      until June 3, 2016. The Agency believes                                                                        international mail.
                                                                                                              Chapter 8, Congressional Review of
                                                      that a 30-day extension allows adequate                                                                          D/IMD means the Director of the
                                                                                                              Agency Rulemaking. As required by the
                                                      time for interested persons to submit                                                                          Information Management Division and
                                                                                                              Regulatory Flexibility Act, we certify
                                                      comments without significantly                                                                                 the leader of any successor organization,
                                                                                                              that this proposed rule will not have a
                                                      delaying future workshop on these                                                                              who serves as the ODNI’s manager of
                                                                                                              significant impact on a substantial
                                                      important issues.                                                                                              the information review and release
                                                                                                              number of small entities because it
                                                                                                                                                                     program.
                                                        Dated: April 19, 2016.                                applies only to Federal agencies.
                                                                                                                                                                       Federal agency means any Executive
                                                      Leslie Kux,                                             List of Subjects in 32 CFR Part 1704                   agency, as defined in 5 U.S.C. 105; any
                                                      Associate Commissioner for Policy.                                                                             Military department, as defined in 5
                                                                                                                Declassification, Information,
                                                      [FR Doc. 2016–09443 Filed 4–22–16; 8:45 am]                                                                    U.S.C. 102; and any other entity within
                                                                                                              Intelligence, National security
                                                      BILLING CODE 4164–01–P                                                                                         the executive branch that comes into the
                                                                                                              information.
                                                                                                                                                                     possession of classified information.
                                                                                                              ■ For the reasons set forth in the                       Information means any knowledge
                                                                                                              preamble, ODNI proposes to add 32 CFR                  that can be communicated or
                                                      OFFICE OF THE DIRECTOR OF
                                                                                                              part 1704 to read as follows:                          documentary material, regardless of its
                                                      NATIONAL INTELLIGENCE
                                                                                                                                                                     physical form that is owned by,
                                                                                                              PART 1704—MANDATORY
                                                      32 CFR Part 1704                                                                                               produced by or for, or under the control
                                                                                                              DECLASSIFICATION REVIEW
                                                                                                                                                                     of the U.S. Government; it does not
                                                      Mandatory Declassification Review                       PROGRAM
                                                                                                                                                                     include information originated by the
                                                      Program                                                 Sec.                                                   incumbent President, White House
                                                                                                              1704.1 Authority and purpose.                          Staff, appointed committees,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      AGENCY:  Office of the Director of
                                                      National Intelligence.                                  1704.2 Definitions.                                    commissions or boards, or any entities
                                                                                                              1704.3 Contact information.                            within the Executive Office that solely
                                                      ACTION: Proposed rule.                                  1704.4 MDR program feedback.                           advise and assist the incumbent
                                                                                                              1704.5 Guidance.
                                                      SUMMARY:   The Office of the Director of                                                                       President.
                                                                                                              1704.6 Exceptions.
                                                      National Intelligence (ODNI) is                         1704.7 Requirements.
                                                                                                                                                                       Interested party means any official in
                                                      publishing this proposed rule pursuant                  1704.8 Fees.                                           the executive, military, congressional, or
                                                      to Executive Order 13526, relating to                   1704.9 Determination by originator or                  judicial branches of government, or U.S.
                                                      classified national security information.                    interested party.                                 Government contractor who, in the sole
                                                      It provides procedures for members of                   1704.10 Appeals.                                       discretion of the ODNI, has a subject


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                                                                                        Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Proposed Rules                                                                                      24043

                                                      matter or other interest in the                                           will respond to all communications and                                    accordance with the provisions below
                                                      documents or information at issue.                                        take such actions as determined feasible                                  relating to schedule, limitations, and
                                                         NARA means the National Archives                                       and appropriate.                                                          category of requester. Applicable fees
                                                      and Records Administration.                                                                                                                         will be due even if a subsequent search
                                                         ODNI means the Office of the Director                                  § 1704.5        Guidance.                                                 locates no responsive records.
                                                      of National Intelligence.                                                   Address all communications to the                                          (b) Agency discretion to waive fees.
                                                         Order means Executive Order 13526,                                     point of contact as specified in § 1704.3.                                Records will be furnished without
                                                      ‘‘Classified National Security                                            Clearly describe, list, or label said                                     charge or at a reduced rate when ODNI
                                                      Information’’ (December 29, 2009) or                                      communication as an MDR Request.                                          determines:
                                                      successor Orders.
                                                         Originating element means the                                          § 1704.6        Exceptions.                                                  (1) As a matter of administrative
                                                      element that created the information at                                      MDR requests will not be accepted                                      discretion, the interest of the United
                                                      issue.                                                                    from a foreign government entity or any                                   States Government would be served, or
                                                         Presidential libraries means the                                       representative thereof. MDR requests                                         (2) It is in the public interest to
                                                      libraries or collection authorities                                       will not be accepted for documents                                        provide responsive records because the
                                                      established under the Presidential                                        required to be submitted for pre-                                         disclosure is likely to contribute
                                                      Libraries Act (44 U.S.C. 2112) and                                        publication review or other                                               significantly to the public
                                                      similar institutions or authorities as may                                administrative process pursuant to an                                     understanding of the operations or
                                                      be established in the future.                                             approved nondisclosure agreement; for                                     activities of the United States
                                                         Referral means coordination with or                                    information that is the subject of                                        Government and is not primarily in the
                                                      transfer of action to an interested party.                                pending litigation; nor for any                                           commercial interest of the requester.
                                                         Requester means any person or                                          document or material containing                                              (c) Agreement to pay fees. If you
                                                      organization submitting an MDR                                            information contained within an                                           request an MDR, it shall be considered
                                                      request.                                                                  operational file exempted from search                                     a firm commitment by you to pay all
                                                                                                                                and review, publication, and disclosure                                   applicable fees chargeable under this
                                                      § 1704.3       Contact information.                                       under the FOIA. If the ODNI has                                           regulation, up to and including the
                                                        For general information on the                                          reviewed the requested information for                                    amount of $25.00. When making a
                                                      regulation in this part or to submit a                                    declassification within the past two                                      request, you may specify a willingness
                                                      request for a Mandatory Declassification                                  years, the ODNI will not conduct                                          to pay a greater or lesser amount.
                                                      Review (MDR), please direct your                                          another review, but the D/IMD will
                                                      communication by mail to the Office of                                                                                                                 (d) Advance payment. The ODNI may
                                                                                                                                notify the requester of this fact and the                                 require an advance payment of up to
                                                      the Director of National Intelligence,                                    prior review decision. Requests will not
                                                      Director of the Information Management                                                                                                              100 percent of the estimated fees when
                                                                                                                                be accepted from requesters who have                                      projected fees exceed $250.00, not
                                                      Division, Washington, DC 20511; by                                        outstanding fees for MDR or Freedom of
                                                      facsimile to (703) 874–8910; or by email                                                                                                            including charges associated with the
                                                                                                                                Information Act (FOIA) requests with                                      first 100 pages of production and two
                                                      to DNI-FOIA@dni.gov. For general                                          the ODNI or another federal agency.
                                                      information on the ODNI MDR program                                                                                                                 hours of search (when applicable), or
                                                      or status information on pending MDR                                      § 1704.7        Requirements.                                             when the requester previously failed to
                                                      cases, call (703) 874–8500.                                                 An MDR request shall describe the                                       pay fees in a timely fashion, for fees of
                                                                                                                                document or material containing the                                       any amount. ODNI will hold in
                                                      § 1704.4       Suggestions or comments.                                   information with sufficient specificity to                                abeyance for 45 days those requests
                                                        The ODNI welcomes suggestions for                                       enable the ODNI to locate it with a                                       where advance payment has been
                                                      improving the administration of our                                       reasonable amount of effort.                                              requested.
                                                      MDR program in accordance with                                                                                                                         (e) Schedule of fees—(1) In general.
                                                      Executive Order 13526. Suggestions                                        § 1704.8        Fees.                                                     The schedule of fees for services
                                                      should identify the specific purpose and                                    (a) In general. Any search, review,                                     performed in responding to requests for
                                                      the items for consideration. The ODNI                                     and reproduction fees will be charged in                                  records is as follows:

                                                                                                                                           Personnel Search and Review

                                                      Clerical/Technical ............................................................................................      Quarter Hour ..........................................................         $ 5.00
                                                      Professional/Supervisory ................................................................................            Quarter Hour ..........................................................          10.00
                                                      Manager/Senior Professional .........................................................................                Quarter Hour ..........................................................          18.00

                                                                                                                                        Computer Search and Production

                                                      Search (on-line) ..............................................................................................      Flat Rate .................................................................     10.00
                                                      Search (off-line) ..............................................................................................     Flat Rate .................................................................     30.00
                                                      Other activity ...................................................................................................   Per minute ..............................................................       10.00
                                                      Tapes (mainframe cassette) ...........................................................................               Each .......................................................................     9.00
                                                      Tapes (mainframe cartridge) ..........................................................................               Each .......................................................................     9.00
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Tapes (mainframe reel) ..................................................................................            Each .......................................................................    20.00
                                                      Tapes (PC 9mm) ............................................................................................          Each .......................................................................    25.00
                                                      Diskette (3.5’’) .................................................................................................   Each .......................................................................     4.00
                                                      CD (bulk recorded) .........................................................................................         Each .......................................................................    10.00
                                                      CD (recordable) ..............................................................................................       Each .......................................................................    20.00
                                                      Telecommunications .......................................................................................           Per minute ..............................................................         .50
                                                      Paper (mainframe printer) ..............................................................................             Per page .................................................................        .10
                                                      Paper (PC b&w laser printer) .........................................................................               Per page .................................................................        .10
                                                      Paper (PC color printer) .................................................................................           Per page .................................................................       1.00




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                                                      24044                           Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Proposed Rules

                                                                                                                                                Paper Production

                                                      Photocopy (standard or legal) ........................................................................         Per page .................................................................     .10
                                                      Pre-printed (if available) .................................................................................   Per 100 pages ........................................................        5.00
                                                      Published (if available) ...................................................................................   Per item ..................................................................   NTIS



                                                         (2) Application of schedule. Personnel                             status of the information, including the                                received under this part and
                                                      search time includes time expended in                                 category of protected information as set                                acknowledge receipt to the requester.
                                                      manual paper records searches, indices                                forth in section 1.4 of the Order, and if                                 (3) Appellate authority. The ODNI
                                                      searches, review of computer search                                   older than ten years, the basis for the                                 Chief Management Officer (CMO), after
                                                      results for relevance, and personal                                   extension of classification time under                                  consultation with all interested parties
                                                      computer system searches. In any event                                sections 1.5 and 3.3 of the Order. These                                or ODNI component organization as
                                                      where the actual cost to ODNI of a                                    parties shall also indicate whether                                     well as with the Office of General
                                                      particular item is less than the above                                withholding is otherwise authorized                                     Counsel, will make a final
                                                      schedule (e.g., a large production run of                             and warranted in accordance with                                        determination on the appeal within 60
                                                      a document resulting in a cost less than                              sections 3.5(c) and 6.2(d) of the Order.                                days.
                                                      $5.00 per hundred pages), then the                                      (c) Time. Responses to the requester                                    (b) Final appeal. The D/IMD will
                                                      actual lesser cost will be charged.                                   shall be provided on a first-in/first-out                               prepare and communicate the ODNI
                                                         (3) Other services. For all other types                            basis, taking into account the business                                 administrative appeal decision to the
                                                      of output, production, or reproduction                                requirements of the originating                                         requester, NARA, Presidential Library
                                                      (e.g., photographs, maps, or published                                element(s) and other interested parties,                                and referring agency, as appropriate.
                                                      reports), ODNI will charge actual cost or                             and, in accordance with Executive                                       Correspondence will include a notice, if
                                                      amounts authorized by statute.                                        Order 13526, ODNI will respond to                                       applicable, that a further appeal of
                                                      Determinations of actual cost shall                                   requesters within one year of receipt of                                ODNI’s final decision may be made to
                                                      include the commercial cost of the                                    requests.                                                               the Interagency Security Classification
                                                      media, the personnel time expended in                                   (d) Deciding official. The IMD FOIA                                   Appeals Panel (ISCAP) established
                                                      making the item to be released, and an                                Branch Chief, in consultation with the                                  pursuant to section 5.3 of Executive
                                                      allocated cost of the equipment used in                               D/IMD and the Classification                                            Order 13526. Action by that Panel will
                                                      making the item, or, if the production is                             Management Branch Chief, will                                           be the subject of rules to be promulgated
                                                      effected by a commercial service, then                                ordinarily be the deciding official on                                  by the Information Security Oversight
                                                      that charge shall be deemed the actual                                initial reviews of MDR requests to the                                  Office.
                                                      cost for purposes of this regulation.                                 ODNI.                                                                     Dated: April 12, 2016.
                                                         (f) Limitations on collection of fees—
                                                                                                                                                                                                    Mark W. Ewing,
                                                      (1) In general. No fees will be charged                               § 1704.10        Appeals.
                                                      if the cost of collecting the fee is equal                                                                                                    Chief Management Officer.
                                                                                                                              (a) Administrative. Appeals of initial                                [FR Doc. 2016–09251 Filed 4–22–16; 8:45 am]
                                                      to or greater than the fee itself. That cost                          decisions must be received in writing by
                                                      includes the administrative costs to                                  the D/IMD within 60 days of the date of
                                                                                                                                                                                                    BILLING CODE 9500–01–P
                                                      ODNI of billing, receiving, recording,                                mailing of the ODNI’s decision. The
                                                      and processing the fee for deposit to the                             appeal must identify with specificity the
                                                      Treasury Department and, as of the date                               documents or information to be                                          ENVIRONMENTAL PROTECTION
                                                      of these regulations, is deemed to be                                 considered on appeal and it may but                                     AGENCY
                                                      $10.00.                                                               need not provide a factual or legal basis
                                                         (g) Associated requests. If it appears a                           for the appeal.                                                         40 CFR Parts 174 and 180
                                                      requester or a group of requesters acting
                                                                                                                              (1) Exceptions. No appeal shall be                                    [EPA–HQ–OPP–2015–0032; FRL–9944–86]
                                                      in concert have requested portions of an
                                                                                                                            accepted from a foreign government
                                                      apparently unitary request for the
                                                                                                                            entity or any representative thereof.                                   Receipt of Several Pesticide Petitions
                                                      purpose of avoiding the assessment of
                                                                                                                            Appeals will not be accepted for                                        Filed for Residues of Pesticide
                                                      fees, ODNI may aggregate any such
                                                                                                                            documents required to be submitted for                                  Chemicals in or on Various
                                                      requests and charge accordingly.
                                                                                                                            pre-publication review or other                                         Commodities
                                                      Requests from multiple requesters will
                                                                                                                            administrative process pursuant to an
                                                      not be aggregated without clear                                                                                                               AGENCY:  Environmental Protection
                                                                                                                            approved nondisclosure agreement; for
                                                      evidence. ODNI will not aggregate                                                                                                             Agency (EPA).
                                                                                                                            information that is the subject of
                                                      multiple unrelated requests.
                                                                                                                            pending litigation; nor for any                                         ACTION: Notice of filing of petitions and
                                                      § 1704.9 Determination by originator or                               document or material containing                                         request for comment.
                                                      interested party.                                                     information contained within an
                                                        (a) In general. The originating                                     operational file exempted from search                                   SUMMARY:   This document announces the
                                                      element(s) of the classified information                              and review, publication, and disclosure                                 Agency’s receipt of several initial filings
                                                      (document) is always an interested party                              under the FOIA. No appeals shall be                                     of pesticide petitions requesting the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      to any mandatory declassification                                     accepted if the requester has                                           establishment or modification of
                                                      review; other interested parties may                                  outstanding fees for information                                        regulations for residues of pesticide
                                                      become involved through a referral by                                 services at ODNI or another Federal                                     chemicals in or on various commodities.
                                                      the D/IMD when it is determined that                                  agency. In addition, no appeal shall be                                 DATES: Comments must be received on
                                                      some or all of the information is also                                accepted if the information in question                                 or before May 25, 2016.
                                                      within their official cognizance.                                     has been the subject of a declassification                              ADDRESSES: Submit your comments,
                                                        (b) Required determinations. These                                  review within the previous two years.                                   identified by docket identification (ID)
                                                      parties shall respond in writing to the                                 (2) Receipt, recording, and tasking.                                  number and the pesticide petition
                                                      D/IMD with a finding as to the classified                             The D/IMD will record each appeal                                       number (PP) of interest as shown in the


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Document Created: 2016-04-23 01:39:14
Document Modified: 2016-04-23 01:39:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesSubmit comments on or before May 25, 2016.
ContactJennifer L. Hudson, 703-874-8085.
FR Citation81 FR 24042 
CFR AssociatedDeclassification; Information; Intelligence and National Security Information

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