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Department, 200 Stovall Street,

Alexandria, VA 22332. Telephone Number: (202) 325-9744.

SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in Executive Order 11964 and 33 U.S.C. 1605, the Department of the Navy amends 32 CFR Part 706. This amendment provides notice that the Secretary of the Navy has certified that USS JARRETT (FFG 33), USS CROMMELIN (FFG 37), and USS CURTS (FFG 38) are vessels of the Navy which, due to their special construction and purpose, cannot comply fully with 72 COLREGS: Rule 21(a) regarding the arcs of visibility of their forward masthead lights: Annex I, Section 2(a)(i) regarding the height above the hull of their forward masthead lights; and Annex I, Section 3(b) regarding the horizontal relationship of their sidelights to their forward masthead lights, without interfering with their special function as Navy frigates. The Secretary of the Navy has also certified that the abovementioned lights are located in closest possible compliance with the applicable 72 COLREGS requirements.

Notice is also provided to the effect that USS JARRETT (FFG 33). USS CROMMELIN (FFG 37), and USS CURTS (FFG 38) are members of the FFG 7 class of ships for which certain exemptions, pursuant to 72 COLREGS Rule 38. have been previously authorized by the Secretary of the Navy. The exemptions pertaining to that class, found in the existing tables of § 706.3. are equally applicable to these three ships. Moreover, it has been determined, in accordance with 32 CFR Parts 296 and 701, that publication of this amendment for public comment prior to adoption is impracticable, unnecessary, and contrary to public interest since it is based on technical findings that the placement of lights on these ships in a manner different from that prescribed herein will adversely affect the ships' ability to perform their military function. List of Subjects in 32 CFR Part 706

Marine safety, Navigation (water) and Vessels.

PART 706-[AMENDED]

Accordingly, 32 CFR Part 706 is amended as follows:

§706.2 [Amended]

1. Table One of § 706.2 is amended by adding the following vessels for which navigational light certifications are being herewith issued by the Secretary of the Navy:

2. Table Four of § 706.2 is amended by adding to the existing paragraph 8 the following vessels for which navigational light certifications are being issued herewith by the Secretary of the Navy: USS JARRETT (FFG 33)

USS CROMMELIN (FFG 37)
USS CURTS (FFG 38)

3. Table Four of § 706.2 is amended by adding to the existing paragraph 9 the following vessels for which navigational light certifications are being issued herewith by the Secretary of the Navy: Sidelights on the following ships do not comply with Annex I, Section 3(b):

information on Air Force policy and procedures for the disclosure of records to the public under the Freedom of Information Act (5 U.S.C. 552). This revision implements the provisions set forth by the Department of Defense Directive 5400.7, March 24, 1980, and Department of Defense Regulation 5400.7-R.

EFFECTIVE DATE: April 8, 1983.

FOR FURTHER INFORMATION CONTACT: Ms. M. K. Ward. Department of the Air Force. HQ USAF/DAAD, Washington, D.C. 20330, telephone (202) 694-3488. SUPPLEMENTARY INFORMATION: Because this part implements a higher authority directive it was not published as proposed for public comment. It is published as a final rule for information purposes. The Department of the Air Force has determined that this regulation is not a major rule as defined by Executive Order 12291: is not subject to the relevant provisions of the Regulatory Flexibility Act of 1980 (Pub. L. 96-354); and does not contain reporting or recordkeeping requirements under the criteria of the Paperwork Reduction Act of 1980 (Pub. L. 96-511). Part 806 is derived from Air Force Regulation (AFR) 12-30, Air Force Freedom of Information Act Program, 15 December 1982.

List of Subjects in 32 CFR Part 806

Freedom of information, Classified information, Records.

Part 806 is revised as follows:

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representatives through public

information channels; people seeking access to their personal records).

§ 806.6 Specific policies on disclosure. (a) Any "reasonably described" material (see § 806.6(d)) in the possession and control of the Air Force that qualifies as a record (see § 806.3(j)) and is not exempt from disclosure under 806.7, must be made available on written request.

(b) If the information exists in the form of several records, at so many different locations that gathering if would involve excessive time and administrative costs, the requester should be referred to these sources. (c) There is no obligation to create a record to fulfill a request.

(d) A requester must be reasonably specific in identifying each record sought. The Air Force must make a reasonable effort to find any records requested. Sufficient data must be given to help find the records, in a way that doesn't involve an unreasonable amount of effort. The Air Force isn't required to let requesters browse through entire files or large series of records to find a record that they then "identify." If a record isn't reasonably described, the requester must be asked, by letter, for more specific information. The request should not be processed until the requester answers that letter.

(e) A request for a specific record should not be denied solely because the record is maintained by a computer (see §806.3(j)(2)(vi)).

§ 806.7 Specific policies on withholding records.

Records or portions of records that fall in one or more of those exemptions listed in § 806.7(a) through § 806.7(1) may be withheld from disclosure to the public. Records that may be exempt from release are:

(a) Those properly and currently `classified in the interest of national defense or foreign policy, as authorized by Executive Order. Exemptions on the basis of a classification must be supported by a denial authority's determination that the unauthorized disclosure of such information could reasonably be expected to cause damage to the national security. The classification authority must determine that the information is currently and properly classified. When the OPR that originated the classified record can't be identified, send requested records of 1947 ASG/DADF, for review by HQ USAF/IGS. Unclassified portions of overall classified documents should be released, unless those portions can be withheld for some reason other than

classification. Although material is not classified at the time a FOIA request is received, review may be made to determine if it should be classified or othewise withheld under policies in $800.7(b) through § 806.7(i). Procedures in DOD 5200.1-R/AFR 205-1, Information Security Program, apply. Information received from a foreign government or foreign source may be properly classified according to Executive Order and DOD 5200.1-R/ AFR 205-1

(b) Those that contain rules. regulations, orders, manuals, directives, and instructions on the internal personnel rules or practices of the Air Force, if these records do not directly affect the general public, or if their disclosure would tend to allow persons to violate the law, or would hinder enforcement of the law. Examples include:

(1) Those operating rules, guidelines, and manuals for Air Force investigators. inspectors, auditors, or examiners that must remain "privileged" to prevent circumvention of their purpose by disclosure to a member of the public. (2) Personnel and other administrative matters, such as examination questions and answers used in training courses or in determining candidates' qualifications for employment, entrance to duty. advancement, or promotion.

(c) Those that concern matters that a statute specifically exempts from disclosure, by terms that permit no discretion on the issue of withholding or, according to defined standards, for withholding or referring to particular types of matters to be withheld. Examples include:

(1) 42 U.S.C. 2161 (Restricted Data and Formerly Restricted Data).

(2) 50 U.S.C. 402 (National Security Agency Information Exemption).

(3) 35 U.S.C. 181 through 188 (Patent Secrecy). Any documents containing information relating to inventions that are the subject of patent applications on which Patent Secrecy Orders have been issued.

(4) 21 U.S.C. 1175 and 42 U.S.C. 4582 (Drug and Alcohol Abuse Programs). (5) 18 U.S.C. 798 (Communication Intelligence).

(d) Those containing trade secrets or commercial or financial information submitted by a person outside the Air Force, with the understanding that it will be kept on a privileged or confidential basis, according to customary handling. In these cases, submitters of these data should be contacted for their views on releasability.

(1) If the submitter objects to the release, but the Air Force release

authority determines that data are releasable, the submitter should be notified of that decision.

(2) Such documents are withheld if their disclosure would:

(i) Reveal a trade secret:

(ii) Cause substantial harm to the competitive position of the source that provides the information: or

(iii) Impair the government's ability to get necessary information in the future. (3) Examples of records covered by this exemption include:

(i) Commercial or financial information received in confidence, concerning loans, bids, contracts, or proposals; and other information received in confidence or on a privileged basis, such as trade secrets, inventions, and discoveries, or other proprietary data.

(ii) Statistical data and commercial or financial information concerning contract performance, income, profits. losses, and expenditures, if offered and received in confidence from a contractor or potential contractor.

(ii) Personal statements given in the course of inspections, investigations, or audits, if such statements are received in confidence from the individual and

kept in confidence, because they reveal

trade secrets or commercial or financial information usually considered confidential or privileged.

(iv) Financial data provided in confidence by private employers for locality wage surveys, used to fix and adjust pay schedules that apply to prevailing rate employees in the Department of Defense.

(v) Scientific and manufacturing processes or developments concerning technical or scientific data; or other proprietary information submitted with an application for a research grant, or with a report while research is in progress.

(e) Intra-agency or interagency memorandums or letters that would not be routinely available to a party in litigation with the Air Force.

(1) Examples include:

(i) Those portions of records which consist of advice, opinions, evaluations, or recommendations the release of which would reveal the deliberative process of the Air Force.

(ii) Advice, suggestions, or evaluations prepared for the Air Force by individual consultants or by boards, committees, councils, groups, panels, conferences, commissions, task forces. or other similar groups formed to obtain advice and recommendations.

(iii) Those nonfactual portions of Air Force personnel evaluations of contractors and their products.

(iv) Advance information of a speculative, tentative, or evaluative nature, on such matters as proposed plans to procure, lease, or otherwise acquire and dispose of materials, real estate, facilities, or functions, if such information would provide undue or unfair competitive advantage to private personal interests or would impede legitimate governmental functions.

(v) Records, exchanged between Air Force personnel and within and among components or agencies, that are prepared for anticipated administrative proceedings or litigations before any Federal, State, or military court, as well as records that qualify for the attorneyclient privilege.

(vi) Official reports of inspection, audits, investigations, or surveys on the safety, security, or the internal management, administration, or operation of the Air Force that have been treated by the courts as "privileged" against disclosure in litigation.

(vii) Trade secrets or other confidential research, development, or commercial information owned by the government, where premature release is likely to affect the government's negotiating position or other commercial interests.

(2) If any such intra-agency or interagency record, or a reasonable portion of such a record is made available, on a routine basis through the "discovery process," in the course of litigation with the agency, then the record should not be withheld from the general public. The "discovery process" is that process by which litigants get information from each other that is relevant to those issues in a trial or hearing. The record or document need not be made available to a member of the general public, if the information in only made available through the "discovery process" by special order of the court.

(3) Intra-agency or interagency memorandums or letters that are factual, or that have factual portions that can be separated, are made available, on a routine basis through the "discovery process," and should, therefore, be made available to a requester, unless the factual material is "privileged" or otherwise exempt from release.

(4) Generally, a direction or order from a superior to a subordinate, though contained in an internal communication, can't be withheld from a requester if it forms policy guidance or a decision, as distinguished from a discussion of preliminary matters that would compromise the decisionmaking

process.

(D) Personnel and medical files, as well as similar personal information in other files that, if diclosed to a member of the public, would result in a clearly unwarranted invasion of personal privacy.

(1) Examples include:

(i) Records compiled to evaluate or judge the suitability of candidates for employment (including membership in the Armed Forces), and the eligibility of individuals (civilian, military or industrial) for security clearances or for access to particularly sensitive classified information.

(ii) Files containing reports, records, and other material pertaining to personnel matters, where administrative action, including disciplinary action. may be taken.

(2) To determine whether releasing information would result in a "clearly unwarranted invasion of personal privacy," the request must be examined to determine the stated, known, or assumed purpose of the request. When determining whether a release is "clearly unwarranted," the public interest in satisfying that purpose must be balanced against the sensitivity of the privacy interest being threatened. This exemption must not be used in an attempt to protect the privacy of a deceased person, but may be used to protect the privacy of the deceased person's family.

(3) Personnel, medical, or similar files may be withheld from subjects of those records, or their designated legal representative, only according to 5 U.S.C. 552a, the Privacy Act of 1974 (32 CFR Part 806b).

(4) A clearly unwarranted invasion of the privacy of others, identified in a record, may be a basis for deleting some portions, even when providing it to the subject of the record.

(g) Those investigative records compiled for enforcing civil, criminal, or military law, including carrying out executive orders or regulations issued according to the law.

(1) This exemption applies only if the release of a record or portion of a record would:

(i) Interfere with enforcement proceedings;

(ii) Deprive a person of the right to a fair trial or an impartial adjudication;

(iii) Be an unwarranted invasion of the personal privacy of a living person, including surviving family members of a person identified in such a record; (iv) Disclose the identity of a confidential source:

(v) Disclose confidential information furnished only by a confidential source and obtained by a criminal law enforcement authority in a criminal

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investigation, or by an agency conducting a lawful national security intelligence investigation;

(vi) Disclose investigative techniques and procedures not already in the public domain, which require protection against public disclosure to ensure that these techniques and procedures remain effective; or

(vii) Endanger the life, physical safety, or well-being of law enforcement personnel or their families.

(2) Examples of investigative records include:

(i) Statements of witnesses and other material developed during the course of the investigation, and all materials prepared for related government litigation or adjudicative proceedings.

(ii) The identity of firms or individuals being investigated for alleged irregularities that involve contracting with the Air Force, when neither an indictment has been obtained nor any civil action filed against these individuals by the United States.

(iii) Information obtained in

confidence, expressed or implied, during a civil or criminal law enforcement investigation; or affirmative or counterintelligence information obtained during a lawful national security intelligence investigation, conducted by. an authorized agency or office in the Air Force.

(3) The right of subjects to investigative records currently available by law is not decreased.

(4) When the subject of an investigative record is the requester of the record, see 32 CFR Part 806b.

(h) Those in or related to examination. operating, or condition reports prepared by, on the behalf of, or for the use of, an agency responsible for regulating or supervising financial institutions.

(i) Those that have geological and geophysical information and data. including maps, concerning wells.

$806.8 Partial denial.

Exempt portions of a record should be deleted and remaining portions that can reasonably be separated should be disclosed to the requester. Each deletion must be justified in writing, citing the FOIA exemption and corresponding section of this part. Describe the deleted material as stated in AFR 12-30, paragraph 25(b)(1) any part of a requested record is withheld, it is considered a partial denial.