81 FR 9768 - Mandatory Declassification Review Program
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE Federal Register Volume 81, Issue 38 (February 26, 2016)
Federal Register Volume 81, Issue 38 (February 26, 2016)
| Page Range | 9768-9770 | |
| FR Document | 2016-04172 |
[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)] [Rules and Regulations] [Pages 9768-9770] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04172] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE 32 CFR Part 1704 Mandatory Declassification Review Program AGENCY: Office of the Director of National Intelligence. ACTION: Direct final rule with request for comments. ----------------------------------------------------------------------- SUMMARY: The Office of the Director of National Intelligence (ODNI) is publishing this direct final 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: This rule is effective April 26, 2016 without further action, unless adverse comment is received by March 28, 2016. If adverse comment is received, ODNI will publish a timely withdrawal of the rule in the Federal Register. 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). This is being issued as a direct final rule without prior notice of proposed rulemaking as allowed by the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(A) for rules of agency procedure and interpretation. Regulatory Impact This 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 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 adds 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 Suggestions or comments. 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 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 [[Page 9769]] 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) Requesters making requests directly to the ODNI shall be responsible for paying all fees under this regulation. (b) Requesters making requests directly to the ODNI shall be responsible for reproduction costs as follows: Fifty cents per photocopied page and $10.00 per CD. (c) Applicable fees will be due even if the search locates no responsive information or some or all of the responsive information must be withheld under applicable authority. (1) Computer searching. (i) Clerical/Technical--$20.00 per hour (or fraction thereof). (ii) Professional/Supervisory--$40.00 per hour (or fraction thereof). (iii) Manager/Senior Professional--$72.00 per hour (or fraction thereof). (2) Manual searching. (i) Clerical/Technical--$20.00 per hour (or fraction thereof). (ii) Professional/Supervisory--$40.00 per hour (or fraction thereof). (iii) Manager/Senior Professional--$72.00 per hour (or fraction thereof). (3) Document review. (i) Professional/Supervisory--$40.00 per hour (or fraction thereof). (ii) Manager/Senior Professional--$72.00 (or fraction thereof). (iii) ODNI will not charge review fees for time spent resolving general legal or policy issues regarding the responsive information. (iv) Fees may be paid by a check or money order made payable to the Treasurer of the United States. 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) 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 [[Page 9770]] 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: February 11, 2016. Mark W. Ewing, Chief Management Officer. [FR Doc. 2016-04172 Filed 2-25-16; 8:45 am] BILLING CODE 9500-01-P-P
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(vi) ZIP Code (9 digit); relating to national security information 13526 and these regulations are not
(vii) Posting Cycle Week; in accordance with Executive Order intended to and do not create any right
(viii) Posting Cycle Year; and 13526 and directives issued thereunder or benefit, substantive or procedural,
(ix) Document Code. by the Information Security Oversight enforceable at law by a party against the
* * * * * Office (ISOO). The purpose of this rule United States, its agencies, officers,
(e) Effective/applicability date. is to assist in implementing specific employees, or agents, or any other
Paragraphs (b)(1)(xviii) through (xx) and sections of Executive Order 13526 person.
(b)(7) of this section apply to disclosures concerning the Mandatory
Declassification Review (MDR). This is § 1704.2 Definitions.
to the Bureau of the Census made on or
after July 15, 2014. For rules that apply being issued as a direct final rule For purposes of this part:
without prior notice of proposed Control means the authority of the
to disclosures to the Bureau of the
rulemaking as allowed by the agency that originates information, or its
Census before that date, see 26 CFR
Administrative Procedure Act, 5 U.S.C. successor in function, to regulate access
301.6103(j)(1)–1 (revised as of April 1,
553(b)(3)(A) for rules of agency to the information. (32 CFR 2001.92)
2014).
procedure and interpretation. Day means U.S. Federal Government
§ 301.6103(j)(1)–1T [Removed] working day, which excludes Saturdays,
Regulatory Impact Sundays, and federal holidays. Three (3)
■ Par. 3. Section 301.6103(j)(1)–1T is
This rule is not a significant days may be added to any time limit
removed.
regulatory action for the purposes of imposed on a requester by this part if
John Dalrymple, Executive Order 12866. This rule is not responding by U.S. domestic mail; ten
Deputy Commissioner for Services and a major rule as defined in 5 U.S.C. (10) days may be added if responding by
Enforcement. Chapter 8, Congressional Review of international mail.
Approved: January 22, 2016. Agency Rulemaking. As required by the D/IMD means the Director of the
Mark J. Mazur, Regulatory Flexibility Act, we certify Information Management Division and
Assistant Secretary of the Treasury. that this rule will not have a significant the leader of any successor organization,
impact on a substantial number of small who serves as the ODNI’s manager of
[FR Doc. 2016–04310 Filed 2–24–16; 4:15 pm]
entities because it applies only to the information review and release
BILLING CODE 4830–01–P
Federal agencies. program.
Federal Agency means any Executive
List of Subjects in 32 CFR Part 1704 Agency, as defined in 5 U.S.C. 105; any
OFFICE OF THE DIRECTOR OF Declassification, Information, Military department, as defined in 5
NATIONAL INTELLIGENCE Intelligence, National security U.S.C. 102; and any other entity within
information. the executive branch that comes into the
32 CFR Part 1704
possession of classified information.
■ For the reasons set forth in the
Mandatory Declassification Review Information means any knowledge
preamble, ODNI adds 32 CFR part 1704
Program that can be communicated or
to read as follows:
documentary material, regardless of its
AGENCY: Office of the Director of PART 1704—MANDATORY physical form that is owned by,
National Intelligence. DECLASSIFICATION REVIEW produced by or for, or under the control
ACTION: Direct final rule with request for PROGRAM of the U.S. Government; it does not
comments. include information originated by the
Sec. incumbent President, White House
SUMMARY: The Office of the Director of 1704.1 Authority and purpose. Staff, appointed committees,
National Intelligence (ODNI) is 1704.2 Definitions. commissions or boards, or any entities
publishing this direct final rule 1704.3 Contact information. within the Executive Office that solely
pursuant to Executive Order 13526, 1704.4 Suggestions or comments.
1704.5 Guidance.
advise and assist the incumbent
relating to classified national security 1704.6 Exceptions. President.
information. It provides procedures for 1704.7 Requirements. Interested party means any official in
members of the public to request from 1704.8 Fees. the executive, military, congressional, or
ODNI a Mandatory Declassification 1704.9 Determination by originator or judicial branches of government, or U.S.
Review (MDR) of information classified interested party. Government contractor who, in the sole
under the provisions of Executive Order 1704.10 Appeals. discretion of the ODNI, has a subject
13526 or predecessor orders such that Authority: 50 U.S.C. 3001; E.O. 13526, 75 matter or other interest in the
the agency may retrieve it with FR 707, 3 CFR, 2009 Comp, p. 298. documents or information at issue.
reasonable effort. This rule also informs NARA means the National Archives
requesters where to send requests for an § 1704.1 Authority and purpose. and Records Administration.
MDR. (a) Authority. This part is issued ODNI means the Office of the Director
DATES: This rule is effective April 26, under the authority of 32 CFR 2001.33; of National Intelligence.
2016 without further action, unless Section 3.5 of Executive Order 13526 (or Order means Executive Order 13526,
adverse comment is received by March successor Orders); the National Security ‘‘Classified National Security
28, 2016. If adverse comment is Act of 1947, as amended (50 U.S.C. 3001 Information’’ (December 29, 2009) or
received, ODNI will publish a timely et seq.). successor Orders.
mstockstill on DSK4VPTVN1PROD with RULES
withdrawal of the rule in the Federal (b) Purpose. This part prescribes Originating element means the
Register. procedures, subject to limitations set element that created the information at
forth below, for requesters to request a issue.
FOR FURTHER INFORMATION CONTACT: mandatory declassification review of Presidential libraries means the
Jennifer L. Hudson, 703–874–8085. information classified under Executive libraries or collection authorities
SUPPLEMENTARY INFORMATION: It is the Order 13526 or predecessor or successor established under the Presidential
policy of the ODNI to act in matters orders. Section 3.5 of Executive Order Libraries Act (44 U.S.C. 2112) and
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Appeals Panel (ISCAP) established schedule to facilitate auxiliary clutch microgram per cubic meter (mg/m3) lead
pursuant to section 5.3 of Executive shafts replacement at the bridge. NAAQS.
Order 13526. Action by that Panel will Under this temporary deviation, the DATES:This final rule is effective on
be the subject of rules to be promulgated Marine Parkway Bridge shall remain in March 28, 2016.
by the Information Security Oversight the closed position from 7 a.m. on
Office. March 14, 2016 to 5 p.m. March 25, ADDRESSES: EPA has established a
2016. docket for this action under Docket ID
Dated: February 11, 2016.
Vessels able to pass under the bridge No. EPA–R07–OAR–2015–0582. All
Mark W. Ewing, documents in the docket are listed on
in the closed position may do so at
Chief Management Officer. the http://www.regulations.gov Web
anytime. The bridge will not be able to
[FR Doc. 2016–04172 Filed 2–25–16; 8:45 am] site. Although listed in the index, some
open for emergencies and there is no
BILLING CODE 9500–01–P–P immediate alternate route for vessels to information is not publicly available,
pass. i.e., CBI or other information whose
The Coast Guard will inform the users disclosure is restricted by statute.
DEPARTMENT OF HOMELAND of the waterways through our Local Certain other material, such as
SECURITY Notice and Broadcast to Mariners of the copyrighted material, is not placed on
change in operating schedule for the the Internet and will be publicly
Coast Guard bridge so that vessel operations can available only in hard copy form.
arrange their transits to minimize any Publicly available docket materials are
33 CFR Part 117 impact caused by the temporary available electronically at
[Docket No. USCG–2016–0123] deviation. www.regulations.gov and at EPA Region
In accordance with 33 CFR 117.35(e), 7, 11201 Renner Boulevard, Lenexa,
Drawbridge Operation Regulation; the drawbridge must return to its regular Kansas 66219. Please schedule an
Jamaica Bay and Connecting operating schedule immediately at the appointment during normal business
Waterways, Queens, NY end of the effective period of this hours with the contact listed in the FOR
temporary deviation. This deviation FURTHER INFORMATION CONTACT section.
AGENCY: Coast Guard, DHS. For additional information and general
from the operating regulations is
ACTION:Notice of deviation from authorized under 33 CFR 117.35. guidance, please visit http://
drawbridge regulation. www2.epa.gov/dockets/commenting-
Dated: February 22, 2016.
epa-dockets.
SUMMARY: The Coast Guard has issued a C.J. Bisignano,
temporary deviation from the operating Supervisory Bridge Management Specialist, FOR FURTHER INFORMATION CONTACT:
schedule that governs the Marine First Coast Guard District. Stephanie Doolan, Environmental
Parkway Bridge across the Jamaica Bay, [FR Doc. 2016–04125 Filed 2–25–16; 8:45 am] Protection Agency, Air Planning and
mile 3.0, at Queens, New York. This BILLING CODE 9110–04–P
Development Branch, 11201 Renner
deviation is necessary to allow the Boulevard, Lenexa, Kansas 66219 at
bridge owner to replace the auxiliary (913) 551–7719, or by email at
clutch shafts at the bridge. doolan.stephanie@epa.gov.
ENVIRONMENTAL PROTECTION
DATES: This deviation is effective from AGENCY SUPPLEMENTARY INFORMATION:
7 a.m. on March 14, 2016 to 5 p.m. on Throughout this document ‘‘we,’’ ‘‘us,’’
March 25, 2016. 40 CFR Part 52 or ‘‘our’’ refer to EPA.
ADDRESSES: The docket for this [EPA–R07–OAR–2015–0582; FRL–9942–79– Table of Contents
deviation, [USCG–2016–0123] is Region 7]
available at http://www.regulations.gov. I. What is being addressed in this document?
Type the docket number in the Approval of Iowa’s Air Quality II. Have the requirements for approval of a
Implementation Plans; Iowa Plan for SIP revision been met?
‘‘SEARCH’’ box and click ‘‘SEARCH’’. III. EPA’s Response to Comments
Click on Open Docket Folder on the line the 2008 Lead Standard IV. What action is EPA taking?
associated with this deviation.
AGENCY: Environmental Protection I. What is being addressed in this
FOR FURTHER INFORMATION CONTACT: If Agency (EPA).
you have questions on this temporary document?
ACTION: Final rule.
deviation, call or email Judy Leung-Yee, In this document, EPA is granting
Project Officer, First Coast Guard SUMMARY: The Environmental Protection final approval of Iowa’s attainment
District, telephone (212) 514–4330, Agency (EPA) is taking final action to demonstration SIP for the lead NAAQS
email judy.k.leung-yee@uscg.mil. approve Iowa’s attainment nonattainment area in portions of
SUPPLEMENTARY INFORMATION: The demonstration State Implementation Council Bluffs, Pottawattamie County,
Marine Parkway Bridge, mile 3.0, across Plan (SIP) for the lead National Ambient Iowa. The applicable standard
the Jamaica Bay, has a vertical clearance Air Quality Standard (NAAQS) addressed in this action is the lead
in the closed position of 55 feet at mean nonattainment area of Council Bluffs, NAAQS promulgated by EPA in 2008.
high water and 59 feet at mean low Pottawattamie County, Iowa, received EPA believes that the SIP submitted by
water. The existing bridge operating by EPA on February 9, 2015. The the state satisfies the applicable
regulations are found at 33 CFR applicable standard addressed in this requirements of the CAA identified in
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117.795(a). action is the lead NAAQS promulgated EPA’s Final Rule (73 FR 66964, October
The waterway is transited by by EPA in 2008. EPA believes that the 15, 2008), and will bring the area into
commercial oil barge traffic of various SIP submitted by the state satisfies the attainment of the 0.15 microgram per
sizes. applicable requirements of the Clean Air cubic meter (mg/m3) lead NAAQS. EPA’s
The bridge owner, MTA Bridges and Act (CAA), and will bring the proposal containing the background
Tunnels, requested a temporary designated portions of Council Bluffs, information for this action can be found
deviation from the normal operating Iowa into attainment of the 0.15 at 80 FR 59695 (October 2, 2015).
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Document Created: 2018-02-02 14:36:59
Document Modified: 2018-02-02 14:36:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule with request for comments. | |
| Dates | This rule is effective April 26, 2016 without further action, unless adverse comment is received by March 28, 2016. If adverse comment is received, ODNI will publish a timely withdrawal of the rule in the Federal Register. | |
| Contact | Jennifer L. Hudson, 703-874-8085. | |
| FR Citation | 81 FR 9768 | |
| CFR Associated | Declassification; Information; Intelligence and National Security Information |
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