[Federal Register Volume 62, Number 191 (Thursday, October 2, 1997)]
[Rules and Regulations]
[Pages 51601-51603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26057]
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DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
Paroling, Recommitting, and Supervising Federal Prisoners;
Disclosure of Parole Commission Regional Office File
AGENCY: Parole Commission, Justice.
ACTION: Final rule.
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SUMMARY: U.S. Parole Commission is amending its regulations on
disclosure of Parole Commission files to provide for expedited
processing of requests and a multi-track system to comply with the
``Electronic Freedom of Information Act Amendments of 1996.''
DATES: Effective October 1, 1997.
FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General
Counsel, U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase,
Maryland 20815, telephone (301) 492-5959.
SUPPLEMENTARY INFORMATION: On July 28, 1997, the Parole Commission
published proposed rule changes in the Federal Register to implement a
new law known as the ``Electronic Freedom of Information Act Amendments
of 1996'' (E-FOIA). 62 FR 40316. These proposed rule changes provided
for a multi-track system whereby requests for tape recordings, or for
two documents or less, would be processed ahead of requests seeking
numerous documents from the parole file. Further, the proposed rule
provided for expedited processing of Freedom of Information Act (FOIA)
requests if the requester demonstrates ``compelling need'' as defined
in the regulation. Specifically, the Commission proposed adopting two
categories in which compelling need could be demonstrated.
[[Page 51602]]
The Parole Commission received public comment from one
organization, the Reporters Committee for the Freedom of the Press. The
Reporters Committee recommended two changes to the Commission's
proposed regulations. First, they urged that the Commission adopt a
third category where compelling need could be demonstrated. That
category was for cases involving ``a matter of widespread and
exceptional media interest in which there exist possible questions
about the government's integrity which affect public confidence.'' This
third category was included in the Department of Justice's proposed
regulations. Second, the Reporters Committee noted that the Parole
Commission failed to include in its regulations provisions for
improving the electronic availability of records. The Reporters
Committee noted that it did not find in the Justice Department's
proposals any indication that Justice Department rules would apply to
the Commission, and similarly the Commission's proposals did not
indicate that implementation of other sections of the E-FOIA would be
covered by the Justice Department regulations.
In response to the Reporters Committee request that the Commission
adopt the language contained in the Department's proposed regulations
for expedited treatment when government integrity is questioned, the
Commission finds that this is unnecessary. The Department of Justice
may wish to adopt such a specific category because of its prosecutorial
functions in cases involving ``possible questions about the
government's integrity'', but the Parole Commission considers that a
media request that is driven by concern over ``possible questions'' of
government integrity would already be covered by the second category
which includes expedited processing for requesters demonstrating
``urgency to inform the public concerning actual or alleged federal
government activity.''
In response to the Reporters Committee's request that the
Commission include the electronic availability of records in its
regulations, the Commission is adding a sentence so that it is clear to
the public and to requesters that the Department of Justice's
regulations apply to all FOIA-processing issues not covered by the
Commission's own regulations and procedures. Although the Parole
Commission is not promulgating its own regulation in regard to the
public reading room, the Commission maintains a public reading room and
records available in the public reading room will be available
electronically to FOIA requesters.
Also, the Department of Justice has revised its fee schedule in
regard to FOIA requests and the Parole Commission is revising its
regulations to comply with the fee revisions.
Finally, the Parole Commission has removed references to ``Regional
Office'' since the Commission no longer operates regional offices.
Executive Order 12866 and Regulatory Flexibility Statement
The U.S. Parole Commission has determined that this proposed rule
is not a significant rule within the meaning of Executive Order 12866,
and the proposed rule has, accordingly, not been reviewed by the Office
of Management and Budget. The proposed rule, if adopted, will not have
a significant economic impact upon a substantial number of small
entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C.
605(b).
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by States, local, and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by Sec. 804 of the Small
Business Regulatory Enforcement Fairness Act of 1996. This rule will
not result in an annual effect on the economy of $100,000,000 or more;
a major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
List of Subjects in 28 CFR Part 2
Administrative practice and procedure, Probation and parole,
Prisoners.
The Proposed Amendment
Accordingly, the U.S. Parole Commission adopts the following
amendment to 28 CFR part 2.
PART 2--PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS,
YOUTH OFFENDERS, AND JUVENILE DELINQUENTS
1. The authority citation for 28 CFR Part 2 continues to read as
follows:
Authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6).
2. Section 2.56 is amended by removing the words ``regional
office'' from the title of the section; and by amending paragraph (a)
by removing ``prisoner's regional office file'' and replacing with
``subject's Parole Commission file''.
3. Section 2.56 is further amended by adding a new paragraph
(b)(1); by adding and reserving paragraph (b)(2); by amending paragraph
(f) to replace ``$8.00'' with ``$14.00''; by adding a new sentence to
the end of paragraph (g); and by adding a new paragraph (i). These
amendments read as follows:
Sec. 2.56 Disclosure of Parole Commission file.
* * * * *
(b) Scope of disclosure. * * *
(1) Requests that are only for a copy of the tape recording of a
hearing will be processed ahead of requests seeking multiple documents
from the Parole Commission file (priority processing). A requester may
limit the scope of the request to a tape recording only (or to a tape
recording and/or up to two documents) and thereby qualify for priority
processing. For example, a request for the tape recording and the
examiner's summary of a hearing qualifies for priority processing.
(2) [Reserved]
* * * * *
(g) Relation to other provisions. * * * Provisions of the Freedom
of Information Act not specifically addressed by these regulations
(including the reading room) are covered by 28 CFR, part 16, subpart A.
* * * * *
(i) Expedited processing of Requests. (1) The Commission will
provide expedited processing of a request when a requester has
demonstrated a compelling need as defined in this section and has
presented a statement certified by such person to be true and correct
to the best of such person's knowledge and belief. A requester may
demonstrate ``compelling need'' by establishing one of the following:
(i) That failure to obtain the requested records on an expedited
basis could reasonably be expected to pose an imminent threat to the
life or physical safety of an individual; or
(ii) With respect to a request made by a person primarily engaged
in
[[Page 51603]]
disseminating information, urgency to inform the public concerning
actual or alleged federal government activity.
(2) A determination as to whether to provide expedited processing
shall be made within ten days after the date of the request. However,
the fact of lawful imprisonment in a correctional facility or
revocation of parole shall not be deemed to pose an imminent threat to
the life or physical safety of an individual. The Commission shall
process as soon as practicable any request for records to which it has
granted expedited processing. An administrative appeal of a denial of
expedited processing may be made to the Chairman of the Commission
within thirty days from the date of notice denying expedited
processing.
Dated: September 24, 1997.
Michael J. Gaines,
Chairman, U.S. Parole Commission.
[FR Doc. 97-26057 Filed 10-1-97; 8:45 am]
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