(1) Whenever a request is made which involves access to records or information complied for law enforcement purposes, and the investigation or proceeding involves a possible violation of criminal law where there is reason to believe that the subject of the investigation or proceeding is unaware of its pendency, and the disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings, naval activities may, during only such times as those circumstances continue, treat the records or information as not subject to exemption 7. In such situation, the response to the requester will state no records were found.

(2) Whenever informant records maintained by a criminal law enforcement organization within DON under the informant's name or personal identifier, the naval activity may treat the records as not subject to exemption 7, unless the informant's status as an informant has been officially confirmed. If it is determined that the records are not subject to exemption 7, the response to the requester will state no records were found.

§ 701.30 Exemption (b)(8).

Exempts those records contained in or related to examination, operation, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions.

§ 701.31 Exemption (b)(9).

Exempts those records containing geological and geophysical information and data, including maps, concerning wells.

Subpart C-Addresses for Department of the Navy Records and Locations for Public Inspection

SOURCE: 56 FR 66590, Dec. 24, 1991, unless otherwise noted.

EDITORIAL NOTE: At 56 FR 66586, 66590, Dec. 24, 1991, §§701.21-701.32 (subparts B and C) were revised. Section 701.31 appears at both subpart B and subpart C. The Agency will publish a correction in the FEDERAL REGISTER at a later date.

§ 701.31 Addresses for requests for Department of the Navy records.

The following addresses delineate the location of commonly requested information. Members of the public are encouraged to write directly to the official having cognizance over the record(s), as it will expedite processing. When the official having custody of the record is not known, the request should be addressed to the originating official or the official having primary responsibility for the subject matter involved. The following are the most commonly requested types of records:

(a) Audit reports. Send requests for internal audit matters to the Auditor General of the Navy, P.O. Box 1206, Falls Church, VA 22041-0206.

(b) Chaplain Corps. Send requests for religious affairs matters to the Chief of Chaplains, Navy Department, Washington, DC 20370-2000.

(c) Civilian personnel records. (1) Send requests for personnel records of current civilian employees, or those separated from Federal employment less than 30 days, to the employing installation marked for the attention of the civilian personnel officer.

(2) Send requests for individuals formerly employed by the Department of the Navy, or separated from Federal employment for more than 30 days, to the Director, National Personnel Records Center, (Civilian Personnel Records), 111 Winnebago Street, St. Louis, MO 63118.

(d) Contractual/procurement records and related matters. (1) Send requests for copies of Navy procurement directives and Defense Federal Acquisition Regulations (DFARS) to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

(2) Send requests for copies of current contracts to the contracting officer or head of the procurement activity when known. If unknown, submit requests for Navy contracts to the Chief of Naval Operations (N09B30), 2000 Navy Pentagon, Washington, DC 20350-2000, and Marine Corps contracts to the Deputy Chief of Staff for Installations and Logistics, Headquarters U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-0001.

(e) Courts-martial records. (1) Send requests for records of trial by general courts-martial, or special courts-martial which resulted in a bad conduct discharge, or involving commissioned officers to the Judge Advocate General, Code 20, 200 Stovall Street, Alexandria, VA 22332-2400.

(2) Send requests for records of trial by summary courts-martial or special courts-martial not involving a bad conduct discharge to the officer having supervisory authority in the review proc

ess.

(f) Naval Inspector General Reports. Send requests for Navy hotline complaints and all other investigations and inspections conducted by the NAVINSGEN to the Naval Inspector General, Building 200, room 100, 901 M Street SE., Washington, DC 20374-5006. Send requests for local command Inspector General reports to the local IG office.

(g) Investigative records. (1) Send requests for NCIS investigatory records and related matters to the Director, Naval Criminal Investigative Service, Washington Navy Yard, Building 111, 901 M Street SE., Washington, DC 20388-5380.

(2) Send requests for JAG Manual investigative reports to the Judge Advocate General (Code 33), Navy Department, 200 Stovall Street, Alexandria, VA 22332-2400.

(3) Send requests for mishap investigative reports to Commander, Naval Safety Center, 375 A Street, Norfolk, VA 23511-4399.

(h) Legal matters. (1) General Counsel legal matters. Those relating to the acquisition, custody, management, transportation, taxation, and disposition of real and personal property, and the procurement of services, including the fiscal, budgetary, and accounting aspects thereof, excepting, however, tort claims and admiralty claims arising independently of contract, and matters relating to the naval petroleum reserves; operations of the Military Sealift Command, excepting tort and admiralty claims arising independently of contract; the Office of the Comptroller of the Navy; procurement matters in the field of patents, inventions, trademarks, copyrights, royalty payments, and similar matters, including

those in the Defense Federal Acquisition Regulations (DFARs), and Navy procurement directives; and, industrial security claims and litigation should be directed to the Office of Counsel of the concerned activity. If unknown, submit to the General Counsel of the Navy, 2211 Jefferson Davis Highway, Arlington, VA 22344-5103.

(2) Judge Advocate General legal matters. In addition to military law, all matters except those outside the jurisdiction of the General Counsel should be directed to the Judge Advocate General, 200 Stovall Street, Alexandria, VA 22332-2400.

(i) Medical records. (1) Send requests for inpatient medical treatment records of active duty Navy and Marine Corps personnel and their dependents to the medical treatment facility where the patient is or was treated. The records are held for two years and then retired to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100.

(2) Send requests for outpatient medical treatment records of active duty Navy and Marine Corps personnel and their dependents to the military treatment facility attached to the command at which they are assigned.

(3) Send requests for outpatient medical records of Navy personnel separated (discharged, retired, or deceased) for less than 4 months to the Commanding Officer, Naval Reserve Personnel Center, New Orleans, LA 701497800. After four months, send requests to Director, National Personnel Records Center, (Military Personnel Records), 9700 Page Avenue, St. Louis, MO 63132-5100. Send requests for dependents' outpatient records to the last medical facility where treatment was provided if within 2 years of sponsor's release/separation from the service. After the 2 years, send requests to Director, National Personnel Records Center, (Military Personnel Records), 9700 Page Avenue, St. Louis, MO 631325100.

(4) Send requests for outpatient medical records of Marine Corps personnel separated (discharged, retired, or deceased) for less than four months to Director, Marine Corps Reserve Support Center, 10950 El Monte Street, Overland Park, KS 66211-1408. After four months,

send requests to Director, National Personnel Records Center, (Military Personnel Records), 9700 Page Avenue, St. Louis, MO 63132-5100. Requests for dependents' outpatient records should be addressed to the last medical facility where treatment was provided if within 2 years of active duty member's release/separation from the service. After two years, send requests to Director, National Personnel Records Center, (Military Records Center), 9700 Page Avenue, St. Louis, MO 63132-5100.

(5) When the location of a military member or dependent's medical record is not known, send requests to Chief, Bureau of Medicine and Surgery, 2300 E Street, NW., Washington, DC 20372-5120.

(6) Send requests for medical records of drilling reservists to the reserve centers where they are assigned.

(7) Send requests for medical records of inactive or retired reservists to Commanding Officer, Naval Reserve Personnel Center, New Orleans, LA 70149-7800.

(8) Civilian employee medical records. Send requests to the medical facility where the person is/was treated. After 2 years, send requests to Director, National Personnel Records Center, (Civilian Personnel Records), 111 Winnebago Street, St. Louis, MO 63118.

(j) Military personnel records. (1) Send requests for records of active duty Navy personnel, or those separated (discharged, retired or deceased for up to 1 year) to Chief of Naval Personnel, 2 Navy Annex, Washington, DC 203705001 and for Marine Corps personnel to Commandant of the Marine Corps, (Code MM), Navy Department, Washington, DC 20380-0001.

(2) Send requests for records of Navy and Marine Corps personnel separated (discharged, retired or deceased) for more than 1 year and inactive reservists to Director, National Personnel Records Center, (Military Personnel Records), 9700 Page Avenue, St. Louis, MO 63132-5100.

(3) Send requests for former officer personnel separated prior to 1902 and former enlisted personnel separated prior to 1885 to Chief, Military Reference Branch, Military Archives Division, National Archives, Washington, DC 20408.

(4) Send requests for records of drilling reservists to the member's servicing personnel support unit.

(5) Send requests for records of inactive duty reservists who still have an obligation to the Navy to the Commanding Officer, Naval Reserve Personnel Center, New Orleans, LA 701497800.

(6) Send requests for records of separated reservists who have not retired to the Director, National Personnel Records Center, (Military Personnel Records), 9700 Page Avenue, St. Louis, MO 63132-5100.

(7) Send requests for records of retired reservists to the Commanding Officer, Naval Reserve Personnel Center, New Orleans, LA 70149-7800.

(k) Publications. (1) Send requests for unclassified instructions, other than Secretary of the Navy Instructions, issued under the Department of the Navy's directives issuance system and subject index thereof (NAVPUBINST 5215.1B) to the Aviation Supply Office, Naval Publications and Forms Directorate, Customer Service, Code 1013, 5801 Tabor Avenue, Philadelphia, PA 19120-5099.

all

(2) Send requests for SECNAVINSTS and OPNAVINSTS marked FOUO or classified to the CNO (N09B30), 2000 Navy Pentagon, Washington, DC 20350-2000.

(3) Send requests for Marine Corps directives, publications, and manuals to Commandant of the Marine Corps, (Code AR), HQ USMC, 2 Navy Annex, Washington, DC 20380-0001.

(4) Send requests for military specifications, standards, and handbooks to the Commanding Officer, Defense Printing Service Detachment Office, Customer Service, Building 4D, 700 Robbins Avenue, Philadelphia, PA 19111-5094.

(1) Research records. Send requests for records regarding basic research and grants to the activity having custody of the record. If unknown, send to the Chief of Naval Research, 800 North Quincy Street, Arlington, VA 222175660.

(m) Systems commands (1) Aeronautical weapon systems. Send requests for information on aeronautical weapon systems, associated sub-systems and related systems and equipment to the

Commander, 1421 Jefferson Davis Highway, Arlington, VA 22243-5120.

(2) Facilities. Send requests for information on facilities and land management (design, construction, and maintenance; utilities; housing; and real estate matters) to the Commander, Naval Facilities Engineering Command, 200 Stovall Street, Alexandria, VA 223322300.

(3) Ships. Send requests for information on ships and ordnance materials to the Commander, Naval Sea Systems Command, 2531 Jefferson Davis Highway, Arlington, VA 22242-5160.

(4) Space and Naval Warfare. Send requests for information on development technologies regarding battle force architecture and engineering, space communications, navigation, undersea and ocean surveillance, oceanographic matters, anti-submarine warfare, information transfer systems, and information management systems to the Commander, Space and Naval Warfare Systems Command, 2451 Crystal Drive, Arlington, VA 22245-5200.

(5) Supply. Send requests for information on naval supply matters to the Commander, Naval Supply Systems Command, 1931 Jefferson Davis Highway, Arlington, VA 22341-5360, and for Marine Corps supply matters to the Commandant of the Marine Corps, HQ USMC, 2 Navy Annex, Washington, DC 20380-0001.

(n) Ships decklogs. Send requests for ships decklogs originating after 30 June 1945 to the Director, Naval Historical Center, Ships' Histories Branch, 901 M Street SE., Washington Navy Yard, Washington, DC 20374-0571. Those originated prior to 1945 are held by the Chief, Military Reference Branch, Military Archives Division, National Archives, Washington, DC 20408.

(0) Supply catalogs. Send requests for Navy and Federal supply catalogs, master cross-reference indexes, and related cataloging publications (cataloging handbooks such as H2-1 and H2-3 and Federal manuals for supply cataloging, such as M1-1, -2 and -3) to Superintendent of Documents, United States Government Printing Office, Washington, DC 20402-9325.

(p) Technical reports. Send requests for unclassified technical reports or publications to the Director, National

Port Royal Road, Springfield, VA 20402. (q) Unknown. If requesters are unable to determine the official having cognizance over the requested records, they should send their request for naval matters to the Chief of Naval Operations (N09B30), 2000 Navy Pentagon, Washington, DC 20350-2000, and Marine Corps matters to Commandant of the Marine Corps (Code ARAD), HQ USMC, 2 Navy Annex, Washington, DC 20380– 0001.

[56 FR 66574, Dec. 24, 1991, as amended at 59 FR 29722 June 9, 1994]

§ 701.32 Locations at which Department of the Navy records are available for public inspection.

(a) Navy Department Library. The Navy Department Library is located at the Washington Navy Yard, Building 44, 9th and M Streets, SE, Washington, DC 20374-0571.

(1) Hours of Operation. 9 a.m. to 4 p.m., Monday through Friday, except holidays.

(2) Type of Materials Held. The library has 130,000 volumes of information of interest to the Navy, such as naval and general history, international law and diplomacy, naval architecture and shipbuilding, naval customs and traditions, naval shore stations, yards and bases, uniforms, insignia, awards and flags,

geography, travel and guide books, aviation, Navy music, etc. Also contained are approximately 5,000 rare book collections. Additionally, the library has an index by subject matter of materials held, i.e., NAVPUBINST 5215.1B, Consolidated Subject Index, a quarterly publication which lists instructions originated by Washington Headquarters organizations and Marine Corps directives system checklist of directives distributed outside Headquarters, U.S. Marine Corps. The library is equipped with desks and study carrels for library users and has specialized devices to facilitate research, such as microfilm reader/printers, copy machines, and outlets for tape record

ers.

(b) Defense Reading Room. The Defense Reading Room is located in Room 2E165 of the Pentagon, Washington, DC 20310-1400. Due to building security, upon arrival at the Pentagon, call 695

3973 to arrange for an escort to the Reading Room.

(1) Hours of Operation. 8 a.m. to 4 p.m., Monday through Friday, except holidays.

(2) Type of Materials Held. Microfiche copies of indexes and decisional documents regarding Navy Discharge Review Board and Board for Correction of Naval Records proceedings.

(c) Law Library of the Judge Advocate General. The law library is located at the Hoffman Building 2, Room 9S47, 200 Stovall Street, Alexandria, VA 223322400.

(1) Hours of Operation. 9 a.m. to 4 p.m., Monday through Friday, except holidays.

(2) Type of Materials Held. The library has published and unpublished decisions of the Navy-Marine Corps Court of Military Review, Navy and Marine Corps directives, miscellaneous superseded manuals, and courts-martial orders and the Navy Department Bulletin.

Subpart D-Fee Guidelines

SOURCE: 56 FR 66592, Dec. 24, 1991, unless otherwise noted.

§ 701.40 FOIA fees.

(a) Background. The FOIA Reform Act of 1986 brought about significant changes on how FOIA fees are assessed. Subpart D of this part highlights in detail the changes made and conforms with the Office of Management and Budget (OMB) Uniform Fee Schedule and Guidelines which were issued as a result of the Reform Act. OMB guidelines for fees reflect direct costs for search, review (in the case of commercial requesters), and duplication of documents, collection of which are permitted by FOIA.

(b) DD Forms 2086/2086-1. Naval activities are encouraged to utilize DD Forms 2086/2086-1 to track costs for each FOIA request processed, unless a standard processing cost can be computed for routine kinds of requests. The form is designed to track all costs and is utilized to compile fee information for the Annual FOIA Report. While not all costs can be charged to the requester for recoupment, they are nonetheless reportable as they provide

Congress with an indepth look at the costs and time the Navy is expending to process FOIA requests.

(c) Scope. (1) The guidelines set forth below are not intended to imply that fees must be charged for providing information to the public in the routine course of business, nor are they meant as a substitute for any other schedule of fees, such as those in NAVCOMPTMAN, Vol. 3, CH-339, which does not supersede the collection of fees under FOIA.

(2) Subpart D of this part does not supersede fees chargeable under a statute specifically setting the level of fees for particular types of records. A "statute specifically providing for setting the level of fees for particular types of records" means any statute that enables a government agency, such as the Government Printing Office (GPO) or the National Technical Information Service (NTIS), to set and collect fees. Naval activities should ensure that when documents that would be responsive to a request are maintained for distribution by agencies by agencies operating statutory based fee schedule programs such as GPO or NTIS, inform requesters of the steps necessary to obtain records from those sources.

(c) Resolution of fees. The issue of fees should be resolved prior to a naval activity expending resources to process a FOIA request. Specifically, a requester should have an opportunity to decide whether or not to pursue a request if fees are applicable and the requester has failed to agree to pay those fees. There have been instances where naval activities have worked a costly request only to be told by the requester that it is no longer needed, since it will result in a cost. Additionally, if a requester has agreed to pay fees up to a specified amount and the costs of processing the request will exceed those fees, naval activities must resolve the issue of additional fees prior to continuing with the processing of the request.

(d) Responses. Naval activities shall ensure that final responses to the requester address FOIA fees.

EDITORIAL NOTE: At 56 FR 66592, Dec. 24, 1991, §701.40 was revised. Paragraph (c) was inadvertently added twice. The duplicate designations are of differing content. The