(a) An order from competent authority to an officer requiring such officer to report for duty at a place, or to proceed to any point and report for duty, but fixing no date and not expressing haste, shall be obeyed by reporting within four days, exclusive of travel time, after its receipt for execution. If the order read "without delay," the officer shall report within forty-eight hours, exclusive of travel time, after its receipt for execution; and if "immediately," within twelve hours, exclusive of travel time, after its receipt for execution. Officers receiving "proceed without delay" and "proceed immediately" orders shall endorse on their orders the date and hour of their receipt for execution. Any delay in carrying out orders granted by competent authority is in addition to the time allowed by this article.

(b) The time allowed by this article may be taken any time between the time of detachment from the officer's original station and the time of reporting at the new permanent duty station. It may, however, be taken only once regardless of whether the officer avails himself at that time of all or part of the proceed time.

(c) An application for the revocation or modification of orders will not justify any delay in their execution, if the officer ordered is able to travel.

(d) Proceed time for enlisted personnel will be as prescribed by the Chief of Naval Operations or the Commandant of the Marine Corps.

§ 700.1163 Equal opportunity and treat

ment.

Equal opportunity and treatment shall be accorded all persons in the Department of the Navy irrespective of their race, color, religion, sex, or national origin consistent with requirements for physical capabilities.

Subpart K-Purpose and Force of Regulations Within the Department of the Navy § 700.1201 Purpose and force of United States Navy Regulations.

United States Navy Regulations is the principal regulatory document of the Department of the Navy, endowed with the sanction of law, as to duty, responsibility, authority, distinctions, and relationships of various commands, officials, and individuals. Other regulations, instructions, orders, manuals, or similar publications, shall not be issued within the Department of the Navy which conflict with, alter or amend any provision of Navy Regulations.

§ 700.1202 Issuances concerning matters over which control is exercised. Responsible officers and officials of the Department of the Navy may issue, or cause to be issued, orders, instructions, directives, manuals or similar publications concerning matters over which they exercise command, control, or supervision.

$700.1203 Imposition of workload.

Orders, instructions or directives will be issued with due regard for the imposition of workload resulting therefrom and benefits or advantages to be gained, particularly, when the imposition of requirements is outside of command lines of authority.

§ 700.1204 Navy Regulations changes.

(a) The Chief of Naval Operations is responsible for ensuring that Navy Regulations conform to the current needs of the Department of the Navy. When any person in the Department of the Navy deems it advisable that a correction, change or addition should be made to Navy Regulations, he shall forward a draft of the proposed correction, change or addition, with a statement of the reasons therefor to the Chief of Naval Operations via the chain of command. The Chief of Naval Operations shall endeavor to obtain the concurrence of the Commandant of the Marine Corps, the Judge Advocate General, and other appropriate

offices and bureaus. Unresolved disputes concerning such corrections, changes or additions shall be forwarded to the Secretary of the Navy for appropriate action.

(b) Changes to Navy Regulations will be numbered consecutively and contained in page changes. Advance changes may be used when required. Advance changes will be numbered consecutively and incorporated in page changes at frequent intervals.

PART 701-AVAILABILITY OF OFFICIAL RECORDS

§ 701.1

Policies and procedures for making records available to the public.

(a) Purpose. This section implements 5 U.S.C. 552 and DOD Instruction 5400.7 of June 23, 1967 (32 F.R. 9666), and sets forth policies and procedures for making Department of the Navy records available to the public.

(1) Records available. It describes the kinds of documentary material or records that:

(i) Must be made available to the public, and procedures to be used in making them available, by (a) publishing them in the FEDERAL REGISTER, (b) providing the opportunity to read and copy them, with current indexes, and (c) providing copies when they are identified adequately.

(ii) Do not need to be made available to the public under the exemptions of 5 U.S.C. 552 and DOD Instruction 5400.7 of June 23, 1967 (32 F.R. 9666), and procedures for identifying them. Except for security classification markings (OPNAV Instruction 5510.1C, Department of the Navy Security Manual for Classified Information) which are used to identify material or records not releasable for reasons of national defense or foreign policy, the term "For Official Use Only" (FOUO) is the only designation, other than distribution statements (NAVMAT Instruction 5200.29, Distribution Statements (Other than Security) on Technical Documents), which may be used to identify material or records not to be released to the general public.

(2) Reviews to preclude unnecessary withholding. It provides for review of refusals to release documentary material or records, to preclude unnecessary or unauthorized withholding, and for responding to court actions taken to compel release of documentary material or records determined by proper authority

to be within the exemptions stated in paragraph (h) of this section and authorized by 5 U.S.C. 552 and DOD Instruction 5400.7 of June 23, 1967 (32 F.R. 9666).

SECNAVINST

(b) Supersession. 5720.42 of November 6, 1967, is hereby canceled and superseded.

(c) Scope and applicability—(1) Intent. This section applies to requests for Department of the Navy records, and access thereto, received from any member of the public. It is not intended to limit release of information to the Congress, or to Federal agencies, or to Federal Government employees whose official duties entitle them to the records or information. Requests from Members of Congress are governed by SECNAV INST 5730.12B, Provisions of Information to Congress, and by § 1-1006.1 of the Armed Services Procurement Regulation. The furnishing of information for General Accounting Office audits is governed by SECNAVINST 5741.2E, Relations with the General Accouning Office. Receipt of service of process is governed by DOD Directive 5530.1 (Acceptance of Service of Process, and FEDERAL REGISTER of 9 May 1967 (32 F.R. 7019)). National Security Agency (NSA) official records and information are exempted from the provisions of this section by Public Law 86-36 (50 U.S.C. 402 note).

(2) Other authorities. Directives or other authorities providing more detailed procedures for specific categories of records or information, to the extent consistent with 5 U.S.C. 552 and DOD Instruction 5400.7 of June 23, 1967 (32 F.R. 9666) and this section, include but are not limited to:

(i) Public Affairs Regulations, NAVSO P1035-release to news and other public information media.

(ii) BUPERSINST 1070.12A and Marine Corps Manual, paragraph 1070 (also, for Headquarters, Marine Corps, HQO 5000.12, chapter 6)-release of information from the personnel records of members and former members of the Navy and Marine Corps.

(iii) Federal Personnel Manual, chapters 293, 294, and 339-release of information from active and inactive civilian personnel records.

(iv) Manual of the Medical Department, U.S. Navy, NAVMED P-117, chapter 23, section III-release of information from active and inactive medical records.

(v) Armed Services Procurement Regulations (ASPR) 1-329 and Navy Pro

curement Directives (NPDS)-release of procurement records and information.

(vi) U.S. Navy Regulations, JAGINST 5800.7 (JAG Manual), and SECNAVINST 5602.1A-litigation matters, and release and authentication of records to the courts and other Government agencies.

(d) Policy (1) General. It is the policy of the Department of the Navy, consistent with 5 U.S.C. 552 and DOD Instruction 5400.7 of June 23, 1967 (32 F.R. 9666), to make available to the public the maximum amount of information concerning its operations and activities. Exceptions to the requirement for disclosure shall be made in accordance with paragraph (h) of this section, and the release procedures prescribed in paragraph (j) of this section.

(2) Availability of exempt information. Information exempt from public disclosure under the provisions of paragraph (h) of this section should be made available to the public when its disclosure is not inconsistent with statutory requirements (see paragraph (h) (3) of this section) or with OPNAVINST 5510.1C, Department of the Navy Security Manual for Classified Information, and when appropriate officials of the Department of the Navy determine that no significant purpose would be served by withholding the information. The determination of whether a significant purpose is served by withholding information under the provisions of paragraph (h) of this section is within the sole discretion of the Department of the Navy.

(3) Withholding information. Records, including all types of documents or related material, may be withheld from the public only as authorized by 5 U.S.C. 552 and DOD Instruction 5400.7 of June 23, 1967 (32 F.R. 9666) and this section. In no event shall the determination that requested information comes within any of the specific exemptions of 5 U.S.C. 552 and DOD Instruction 5400.7 of June 23, 1967 (32 F.R. 9666) or this section, or that the information has not been properly requested, be influenced by the possibility that its release might suggest administrative error or inefficiency, or might embarrass the Department of the Navy or one of its military or civilian officials.

(e) FEDERAL REGISTER publications. Subject to the exemptions set forth in paragraph (h), a current description of where, how, and by what authority the Department of the Navy performs its

functions will be published in the FEDERAL REGISTER, for guidance of the public.

(1) Insuring publication. Responsibilities for insuring publication of this material are assigned to the heads of Navy Department components, commanders of naval systems commands, and the Commander, Military Sealift Command by SECNAVINST 5800.4B which designates the Judge Advocate General of the Navy as the Department's representative regarding FEDERAL REGISTER publication matters. In deciding which information to publish, responsible officials will consider the fundamental objectives of informing all interested persons how to deal effectively with the Department of the Navy. They will review information of the type described to insure that it, together with each change, revision, or cancellation, is sent to the Judge Advocate General for publication on an upto-date basis in the FEDERAL REGISTER.

(2) Information to be published. Subject to the exemptions set forth in paragraph (h) of this section, information published in the FEDERAL REGISTER Will include:

(i) Organization, places, and methods. The central and field organization of the Department of the Navy, and the established places at which, the officers from whom, and the methods whereby the public may secure information, make submittals or requests, and obtain decisions.

(ii) Procedures and related rules. The procedures by which the Department of the Navy conducts its business with the public, both formally and informally, including procedural rules which must be followed, descriptions of forms which must be completed or the sources from which they may be obtained, and instructions on the scope and content of any papers, reports, or examinations required to be submitted pursuant to such rules.

(iii) Policy direction. Directives (Navy Instructions and Notices; Marine Corps Orders and Bulletins), regulations, manuals, policy memoranda, statements or interpretations of policies, and other substantive rules of general applicability affecting the public.

(3) Referencing information published elsewhere. With the approval of the Director of the FEDERAL REGISTER, the requirement for publication in the FEDERAL REGISTER (1 CFR, Part 20, Dec. 1, 1969, 32 F.R. 19115) may be satisfied by reference in the FEDERAL REGISTER to other

publications readily available to the class of persons affected, and containing the information which must otherwise be published in the FEDERAL REGISTER. In such cases, the following apply:

(i) In order to be eligible for incorporation by reference, the matter must be in the nature of published data, criteria, standards, specifications, techniques, illustrations, or other published information reasonably available to members of the class affected thereby.

(ii) Incorporation by reference is not acceptable as a complete substitute for promulgating, in full text, material required to be published by 5 U.S.C. 552 and DOD Instruction 5400.7 of June 23, 1967, (32 F.R. 9666) and this section.

(iii) Incorporation by reference is acceptable as a means of avoiding unnecessary repetition, within the promulgated document, of published information already reasonably available to the class affected. Examples include:

(a) Construction standards promulgated by a professional association of architects, engineers, or builders.

(b) Codes of ethics promulgated by professional organizations.

(c) Forms and formats publicly or privately published and readily available to the persons required to use them.

(4) Actual and timely notice. No member of the general public can be required to resort to, or be adversely affected by, any matter that is required to be published in the FEDERAL REGISTER, unless the material has been published in the FEDERAL REGISTER, or he has otherwise received actual and timely notice of the contents of that material.

(f) Inspection and copying of opinions, orders, and manuals—(1) Types of information made available. Subject to the exemptions set forth in paragraph (h) of this section, the Department of the Navy will make available for public inspection and copying the categories of information listed in subdivision (ii) of this subparagraph, unless such materials are published and offered for sale.

(i) Responsibilities. It is the responsibility of Department of the Navy officials who create or issue these materials to insure their availability to members of the public, by providing copies of any such materials to the appropriate facility specified in subparagraph (2) of this section. The Chief of Naval Operations will establish such additional procedures as are necessary to insure their availability and provide for the preparation

and maintenance of a current index, or indexes, of all such materials.

(ii) Categories. The following will be made available:

(a) All final opinions (including concurring and dissenting opinions and orders made in adjudications (as defined in 5 U.S.C. 551)) that may be used, cited, or relied upon as precedent in future adjudications.

(b) Statements of policy and interpretations of less than general applicability, which affect the public but are not published in the FEDERAL REGISTER.

(c) Administrative staff manuals and instructions, or portions thereof, which establish Department of the Navy policy. or interpretations of policy that are determinative of the rights of members of the public. This provision does not apply to instructions for employees on the methods and techniques, or tactics, to be used in performing their duties, or to instructions relating only to the internal management of the Department. Examples of manuals and instructions not normally made available are:

(1) Those issued for audit and inspection purposes, or those which prescribe operational tactics, standards of performance, or criteria for defense, prosecution, or settlement of cases.

(2) Operations and maintenance manuals, and technical information concerning munitions, equipment, and systems.

(d) Materials that are published in the FEDERAL REGISTER, when such action is feasible.

(iii) Examples. The following are i1llustrative of the information that normally will be made available for public inspection and copying:

(a) Navy Regulations, Department of the Navy directives and manuals of public interest, Navy Procurement Directives, and the Armed Services Procurement Regulation.

(b) Final decisions of the Boards of Review and Military Courts of Review created under the Uniform Code of Military Justice, decisions of the Armed Services Board of Contract Appeals, and decision of the Navy Contract Adjustment Board.

(iv) Technical manuals and related information. Technical manuals and data will be made available to Department of the Navy contractors, to bidders on Department of the Navy contracts, and to purchasers of surplus or obsolete military equipment or weapons, for in

spection and copying or for purchase, in accordance with OPNAV Instruction 5510.1C Department of the Navy Security Manual for Classified Information, NAV MAT Instruction 5200.29, Distribution Statements (Other than Security) on Technical Documents, and Navy Comptroller Manual paragraphs 035885 through 035888 and paragraph 043145, with the Armed Services Procurement Regulations, and with directives issued by the sponsoring systems command.

(v) Cost. The cost to the Department of the Navy of copying any of the foregoing materials will be imposed on the person requesting the copy, in accordance with paragraph (g) (3) (i) (b) of this section.

(vi) Deletion of identifying details. Identifying details, which if revealed would be a clearly unwarranted invasion of privacy (see paragraph (h) (6) of this section), may be deleted from a final opinion, order, statement of policy, interpretation, staff manual, instruction, or record made available for inspection and copying. In every such case, the justification for the deletion must be fully documented. Reasons for the deletion include the protection of privacy in a person's (a) business affairs, (b) medical matters, and (c) private family matters, including humanitarian considerations. "Person," as appropriate, includes an individual, partnership, association, or public or private organization. Under no circumstances should there be given any written or oral justification for the deletion of details which, by raising inferences, could be even more injurious than the invasion of privacy which the deletion of the details is intended to avoid. A rubber stamp, reading substantially as follows, may be used for the purpose of documenting the justification for the deletion. Activity, Location Date

Identifying details have been deleted, pursuant to 5 U.S.C. 552, for one or more of the reasons indicated in paragraph 6a (6) of SECNAVINST 5720.42A to prevent a clearly unwarranted invasion of personal privacy which would result from disclosure of those details.

Signature

Title of Cognizant Officer/Official

(2) Where information may be inspected (i) In the Navy Department Libraries. Information described in subparagraph (1)(ii) of this paragraph (other than unpublished decisions of

Boards of Review and Military Courts of Review covered in subdivision (i) (b) of this paragraph) is available for public inspection and copying at the Navy Department Library, or at the Law Library of the Offive of the Judge Advocate General, as outlined below. The libraries are open from 0800 to 1630 (8 a.m. to 4:30 p.m.), Mondays through Fridays, except holidays.

(a) Navy Department Library. Located at Building 220, Second Floor, Washington Navy Yard, Washington, D.C. 20390, this facility maintains an index system by subject matter to materials available. The following are examples of indexes it will maintain for reference by members of the public.

(1) The Marine Corps Directives System Quarterly Checklist, and an index to administrative directives in the Navy Directives System Consolidated Subject Index of Unclassified Instructions.

(2) An index to the Armed Services Procurement Regulation.

(3) An index to the decisions of the Armed Services Board of Contract Appeals.

(4) An index to the decisions of the Navy Contract Adjustment Board issued after July 4, 1967.

(5) Any other indexes prepared pursuant to subparagraph (1)(i) of this paragraph, and a master list of available indexes.

(b) Law Library of the Office of the Judge Advocate General. Located in room 2527 of the Navy Arlington Annex (Federal Office Building No. 2), Southgate Road and Columbia Pike, Arlington, Va. 20370, this facility maintains, and will make available, both published and unpublished decisions of Boards of Review and Military Courts of Review created under the Uniform Code of Military Justice. (Published decisions are available also at naval bases, as indicated in subdivision (ii) (b) of this subparagraph.)

(ii) In the field. To the extent the material described in subparagraph (1) of this paragraph is received by Navy and Marine Corps field activities ashore, for the regular conduct of their business, it will be made available locally to members of the public, for inspection and copying, under paragraph (j) of this section procedures.

(a) All Navy and Marine Corps shore activities. All naval shore activities maintain a current file of Department of the Navy directives of general applicability, and related indexes; also, directives of