[Federal Register Volume 62, Number 245 (Monday, December 22, 1997)]
[Rules and Regulations]
[Pages 66815-66816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33298]
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DEFENSE NUCLEAR FACILITIES SAFETY BOARD
10 CFR Part 1703
Rules Implementing the Freedom of Information Act
AGENCY: Defense Nuclear Facilities Safety Board.
ACTION: Final rule.
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SUMMARY: The Defense Nuclear Facilities Safety Board (Board) is
amending its Freedom of Information Act (FOIA) rules to provide for
expedited processing of certain requests, to conform response deadlines
with those now provided in the statute, and to add a category of
documents to be made available in the Public Reading Room. These
changes result from new statutory provisions in the Electronic Freedom
of Information Act Amendments of 1996, Pub. L. 104-231. A minor change
is also made in the Board's fee provision.
EFFECTIVE DATE: January 21, 1998.
FOR FURTHER INFORMATION CONTACT:
Robert M. Andersen, General Counsel, Defense Nuclear Facilities Safety
Board, 625 Indiana Ave. NW, Suite 700, Washington, D.C. 20004, (202)
208-6387.
SUPPLEMENTARY INFORMATION: On October 21, 1997, the Board published
proposed changes to its Freedom of Information Act rule (62 FR 54594)
in response to the Electronic Freedom of Information Act Amendments of
1996, Pub. L. 104-231. One additional change was proposed to the
Board's FOIA fee provision. No public comments were received on the
proposed changes. Therefore, the amendments are being made final
without change.
Executive Order No. 12866
These amendments do not meet the criteria for a significant
regulatory action under Executive Order 12866. Thus, they were not
subject to Office of Management and Budget review.
Regulatory Flexibility Act
These amendments will not have a significant economic impact on a
substantial number of small entities since these rules affect only
individuals. Therefore, a regulatory flexibility analysis as provided
in the Regulatory Flexibility Act, as amended, is not required.
Paperwork Reduction Act
These regulations will impose no additional reporting and
recordkeeping requirements subject to Office of Management and Budget
clearance.
List of Subjects in 10 CFR Part 1703
Freedom of information.
For the reasons stated in the preamble, the Board amends 10 CFR
part 1703 as follows:
PART 1703--PUBLIC INFORMATION AND REQUESTS
1. The authority citation for part 1703 continues to read as
follows:
Authority: 5 U.S.C. 552 as amended; 42 U.S.C. 2286b(c).
2. Section 1703.103 is amended by adding paragraph (b)(12) to read
as follows:
Sec. 1703.103 Requests for Board records available through the public
reading room.
* * * * *
(b) * * *
(12) Copies of records released pursuant to FOIA requests, along
with an index to these records. The format will generally be the same
as the format of the released records.
3. Section 1703.105 is amended by adding a new paragraph (e) to
read as follows:
Sec. 1703.105 Requests for Board records not available through the
public reading room (FOIA requests).
* * * * *
(e)(1) Expedited processing. A person may request expedited
processing of an FOIA request when a compelling need for the requested
records has been shown. ``Compelling need'' means:
(i) Circumstances in which the lack of expedited treatment could
reasonably be expected to pose an imminent threat to the life or
physical safety of an individual;
(ii) An urgency to inform the public about an actual or alleged
Federal Government activity, if the request is made by a person
primarily engaged in disseminating information; or
(iii) The records pertain to an immediate source of risk to the
public health and safety or worker safety at a defense nuclear facility
under the Board's jurisdiction.
(2) A requester seeking expedited processing should so indicate in
the
[[Page 66816]]
initial request, and should state all facts supporting the need to
obtain the requested records rapidly. The requester must also state
that these facts are true and correct to the best of the requester's
knowledge and belief.
(3) When a request for expedited processing is received, the Board
will respond within ten calendar days from the date of receipt of the
request, stating whether or not the request has been granted. If the
request for expedited processing is denied, any appeal of that decision
will be acted upon expeditiously.
4. Section 1703.107(b)(2)(iv) is removed and reserved.
5. Section 1703.108(b) is revised to read as follows:
Sec. 1703.108 Processing of FOIA requests.
* * * * *
(b) Action pursuant to this section to provide access to requested
records shall be taken within twenty working days. This time period may
be extended up to ten additional working days, in unusual
circumstances, by written notice to the requester. If the Board will be
unable to satisfy the request in this additional period of time, the
requester will be so notified and given the opportunity to--
(1) Limit the scope of the request so that it can be processed
within the time limit, or
(2) Arrange with the Designated FOIA Officer an alternative time
frame for processing the original request or a modified request.
* * * * *
Dated: December 15, 1997.
John T. Conway,
Chairman.
[FR Doc. 97-33298 Filed 12-19-97; 8:45 am]
BILLING CODE 3670-01-M
