[Federal Register Volume 78, Number 59 (Wednesday, March 27, 2013)]
[Rules and Regulations]
[Pages 18473-18475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06967]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 518


The Freedom of Information Act

AGENCY: Department of the Army, DoD.

ACTION: Final rule.

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SUMMARY: The Department of the Army is amending its rule on 
notification of the Army Litigation Division when a request is made for 
a record related to pending litigation involving the United States in 
order to correct the mailing address in Sec.  518.15 and Sec.  518.18. 
The address for notifying the U.S. Army Litigation Division of record 
requests

[[Page 18474]]

related to litigation involving the United States has changed.

DATES: Effective Date: This rule is effective March 27, 2013.

FOR FURTHER INFORMATION CONTACT: MAJ Lisa R. Bloom, 703-693-1009, 
email: lisa.bloom@us.army.mil.

SUPPLEMENTARY INFORMATION: 

A. Background

    In the February 26, 2006, issue of the Federal Register (71 FR 
9222), the Department of the Army issued a final rule. This final rule 
corrects the mailing address for the Army Litigation Division. The Army 
Litigation Division moved to Fort Belvoir in September 2011.

B. Regulatory Flexibility Act

    The Department of the Army has determined that the Regulatory 
Flexibility Act does not apply because the rule change does not have a 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.

C. Unfunded Mandates Reform Act

    The Department of the Army has determined that the Unfunded 
Mandates Reform Act does not apply because the rule change does not 
include a mandate that may result in estimated costs to State, local or 
tribal governments in the aggregate, or the private sector, of $100 
million or more.

D. National Environmental Policy Act

    The Department of the Army has determined that the National 
Environmental Policy Act does not apply because the rule change does 
not have an adverse impact on the environment.

E. Paperwork Reduction Act

    The Department of the Army has determined that the Paperwork 
Reduction Act does not apply because the rule change does not involve 
collection of information from the public.

F. Executive Order 12630 (Government Actions and Interference With 
Constitutionally Protected Property Rights)

    The Department of the Army has determined that Executive Order 
12630 does not apply because the rule change does not impair private 
property rights.

G. Executive Order 12866 (Regulatory Planning and Review) and Executive 
Order 13563 (Improving Regulation and Regulatory Review)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 12866 and Executive Order 13563 
this rule change is not a significant regulatory action. As such, the 
rule is not subject to Office of Management and Budget review under 
section 6(a)(3) of the Executive Order.

H. Executive Order 13045 (Protection of Children From Environmental 
Health Risk and Safety Risks)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13045 that Executive Order does not 
apply.

I. Executive Order 13132 (Federalism)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13132 that Executive Order does not 
apply because the rule change will not have a substantial effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.

Kevin K. Robitaille,
COL, JA, Chief, U.S. Army Litigation Division.

List of Subjects in 32 CFR Part 518

    Freedom of information.

    For reasons stated in the preamble 32 CFR part 518 is amended as 
follows:

PART 518--THE FREEDOM OF INFORMATION ACT

0
1. The authority citation for part 518 continues to read as follows:

    Authority:  5 U.S.C. 551, 552, 552a, 5101-5108, 5110-5113, 5115, 
5332-5334, 5341-42, 5504-5509, 7154; 10 U.S.C. 130, 1102, 2320-2321, 
2328; 18 U.S.C. 798, 3500; 31 U.S.C. 3710; 35 U.S.C. 181-188; 42 
U.S.C. 2162; 44 U.S.C. 33; and Executive Order 12600.

0
2. Revise paragraphs (b)(5)(i) and (iii) of Sec.  518.15 to read as 
follows:


Sec.  518.15  General Provisions.

* * * * *
    (b) * * *
    (5) * * *
    (i) Litigation. Each request for a record related to pending 
litigation involving the United States will be referred to the staff 
judge advocate or legal officer of the command. He or she will promptly 
inform the Litigation Division, U.S. Army Legal Services Agency 
(USALSA), of the substance of the request and the content of the record 
requested. (Mailing address: Army Litigation Division, U.S. Army Legal 
Services Agency (USALSA), 9275 Gunston Road, Fort Belvoir, VA 22060. If 
information is released for use in litigation involving the United 
States, the Chief, Army Litigation Division (AR 27-40, para 1-4d) must 
be advised of the release. He or she will note the release in such 
investigative reports. Information or records normally exempted from 
release (i.e., personnel and medical records) may be releasable to the 
judge or court concerned, for use in litigation to which the United 
States is not a party. Refer such requests to the local staff judge 
advocate or legal officer, who will coordinate it with the Litigation 
Center, USALSA.
* * * * *
    (iii) Contract disputes. Each request for a record that relates to 
a potential contract dispute or a dispute that has not reached final 
decision by the contracting officer will be treated as a request for 
procurement records and not as litigation. However, the officials will 
consider the effect of release on the potential dispute. Those 
officials may consult with the USALSA, Contract and Fiscal Law 
Division. (Mailing address: Contract and Fiscal Law Division, U.S. Army 
Legal Services Agency (USALSA), 9275 Gunston Road, Fort Belvoir, VA 
22060. If the request is for a record that relates to a pending 
contract appeal to the Armed Services Board of Contract Appeals, or to 
a final decision that is still subject to appeal (i.e., 90 days have 
not lapsed after receipt of the final decision by the contractor) then 
the request will be: Treated as involving a contract dispute; and 
referred to the USALSA, Contract and Fiscal Law Division.
* * * * *

0
3. Revise paragraph (f)(2) of Sec.  518.18 to read as follows:


Sec.  518.18  Judicial actions.

* * * * *
    (f) * * *
    (2) Responsibility for FOIA litigation. For the Army, under the 
general oversight of the OGC, FOIA litigation is the responsibility of 
the General Litigation Branch, Army Litigation Division. If you are 
notified of a FOIA lawsuit involving the Army, contact the General 
Litigation Branch immediately at: General Litigation Branch, Army 
Litigation Division, U.S. Army Legal Services Agency (USALSA), 9275 
Gunston Road, Fort Belvoir, VA 22060. The General Litigation Branch 
will provide guidance on gathering information and assembling a 
litigation

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report necessary to respond to FOIA litigation.
* * * * *
[FR Doc. 2013-06967 Filed 3-26-13; 8:45 am]
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