[Federal Register Volume 62, Number 220 (Friday, November 14, 1997)]
[Proposed Rules]
[Pages 61035-61036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29914]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 /
Proposed Rules
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FEDERAL LABOR RELATIONS AUTHORITY
5 CFR Part 2411
Revision of Freedom of Information Act Regulations
AGENCY: Federal Labor Relations Authority.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Labor Relations Authority, the General Counsel of
the Federal Labor Relations Authority, and the Federal Service Impasses
Panel (FLRA) are proposing to amend their regulations relating to the
Freedom of Information Act to implement certain changes mandated by the
Electronic Freedom of Information Act Amendments of 1996, (EFOIA). The
regulatory changes proposed in this notice will provide for expedited
processing of information requests, as required by the EFOIA.
DATES: Comments must be received on or before December 15, 1997.
ADDRESSES: Mail or deliver written comments to Peter Constantine,
Office of Case Control, Federal Labor Relations Authority, 607 14th
Street, N.W., Room 415, Washington, D.C. 20424-0001.
FOR FURTHER INFORMATION CONTACT: Shari Polur (202) 482-6695 ext. 340.
SUPPLEMENTARY INFORMATION: Through the EFOIA, Pub. L. 104-231, 110
Stat. 3048 (1996), Congress amended the FOIA 5 U.S.C. 552 et seq., to
address, among other things, the expedited processing of requests for
information. Specifically, Congress required agencies to promulgate
regulations under which requests for expedited processing would be
considered. In addition, Congress mandated that agencies grant such
requests upon a showing of compelling need.
Written comments are solicited at the address given above. Copies
of all written comments will be available for inspection and
photocopying during normal business hours, in the Office of Case
Control.
The FLRA proposes to amend part 2411, Availability of Official
Information. The EFOIA requires agencies to promulgate, through notice
and comment rulemaking, regulations providing for expedited processing
of initial requests that demonstrate a compelling need. In addition,
the regulations must provide for expedited processing in other cases
when the agency determines it is warranted. Compelling need is defined
as cases where ``a failure to obtain 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 with respect to a request
made by a person primarily engaged in disseminating information,
urgency to inform the public concerning actual or alleged Federal
Government activity.'' 5 U.S.C. 552(a)(6)(E)(v). A requester seeking
expedited processing can demonstrate a compelling need by submitting a
statement certified by the requester ``to be true and correct to the
best of such person's knowledge and belief'' that satisfies the
statutory and regulatory definitions of compelling need. 5 U.S.C.
552(a)(6)(E)(vi). FOIA officers must notify the requester within ten
(10) calendar days whether or not expedited processing has been
granted. If denied, any appeals made must be processed expeditiously.
The proposed regulations would reflect these changes through
modifications to Sec. 2411.8, including a retitling of the section and
the addition of a new paragraph (b).
Executive Order 12886
This final regulation has been reviewed in accordance with
Executive Order 12886. It is not classified as significant because it
does not meet the criteria for significant regulatory action
established by the E.O.
Regulatory Flexibility Act Certification
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), the FLRA has determined that this proposed regulation
will not have a significant economic impact on a substantial number of
small entities. The amendments are procedural in nature and are
required to implement EFOIA.
Paperwork Reduction Act of 1995
The proposed regulations contain no additional information
collection or record keeping requirement under the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501, et seq.
List of Subjects in 5 CFR Part 2411
Administrative practice and procedure, Freedom of information,
Government employees.
For the reasons stated in the preamble, the FLRA is proposing to
adopt the following amendments to 5 CFR part 2411, Freedom of
Information Act Regulations:
1. The authority citation for Part 2411 continues to read as
follows:
Authority: 5 U.S.C. 552.
2. Revise Sec. 2411.8 to read as follows:
Sec. 2411.8 Modification of time limits.
(a) In unusual circumstances as specified in this section, the time
limits prescribed with respect to initial determinations or
determinations on appeal may be extended by written notice from the
officer handling the request (either initial or on appeal) to the
person making such request setting forth the reasons for such extension
and the date on which a determination is expected to be dispatched. No
such notice shall specify a date that would result in a total extension
of more than ten (10) working days. As used in this section, unusual
circumstances means, but only to the extent reasonably necessary to the
proper processing of the particular request:
(1) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request;
(2) The need to search for, collect and appropriately examine a
voluminous amount of separate and distinct records which are demanded
in a single request; or
(3) The need for consultation, which shall be conducted with all
practicable speed, with another agency having a substantial interest in
the determination of the request or among two or more components of the
agency having substantial subject matter interest therein.
(b) Expedited processing of a request for records, or an appeal of
a denial of a request for expedited processing, shall be provided when
the requester demonstrates a compelling need for the information and in
other cases as determined by the officer processing the request. A
requester seeking expedited
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processing can demonstrate a compelling need by submitting a statement
certified by the requester to be true and correct to the best of such
person's knowledge and belief and that satisfies the statutory and
regulatory definitions of compelling need. Requesters shall be notified
within ten (10) calendar days after receipt of such a request whether
expedited processing, or an appeal of a denial of a request for
expedited processing, was granted. As used in this section, compelling
need means:
(1) That a failure to obtain 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
(2) With respect to a request made by a person primarily engaged in
disseminating information, urgency to inform the public concerning
actual or alleged Federal Government activity.
Dated: November 7, 1997.
Solly Thomas,
Executive Director.
[FR Doc. 97-29914 Filed 11-13-97; 8:45 am]
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