[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Proposed Rules]
[Pages 40316-40317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19709]
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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: United States Parole Commission, Justice.
ACTION: Proposed rule.
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SUMMARY: U.S. Parole Commission is proposing to amend its regulations
on disclosure of regional office files to comply with the ``Electronic
Freedom of Information Act Amendments of 1996.''
DATES: Comments must be received by August 31, 1997.
ADDRESSES: Send comments to Office of General Counsel, U.S. Parole
Commission, 5550 Friendship Boulevard, Chevy Chase, Maryland 20815.
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 October 2, 1996, the President signed
[[Page 40317]]
into law the Electronic Freedom of Information Act (FOIA) Amendments of
1996. The FOIA amendments permit agencies to promulgate regulations
providing for ``multitrack'' processing of FOIA requests. This
establishes two separate tracks for FOIA requests. One track would
contain more comprehensive requests (e.g., for complete file
disclosure) and would be processed at the ordinary rate, whereas the
second track would contain less burdensome requests and would be
processed more quickly. This track (priority disclosure) will be
reserved for hearing tape requests and requests for not more than two
documents (e.g., the hearing summary and/or a presentence report).
(Where multiple hearings are conducted before a decision is rendered,
such hearings will be treated as a single hearing when a request is
made for tape recordings.) The Commission is proposing to revise its
regulations to include such multitrack processing.
Further, the amendments require agencies to promulgate regulations
that provide for expedited processing of certain types of requests. The
Commission is adopting the language of the amendments regarding
expedited processing for cases demonstrating ``compelling need.''
Although the amendments to the FOIA allow the Commission to define
other cases which demonstrate compelling need, the Commission is not
doing so because the majority of its FOIA requesters are federal
inmates and parolees, and the Parole Commission Reorganization Act
(PCRA) provides these sentenced offenders with a legally sufficient
opportunity for disclosure prior to all types of parole hearings,
independently of the FOIA. See 18 U.S.C. 4208 and 28 CFR 2.55.
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).
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 proposes the following
amendment to 28 CFR Part 2.
PART 2--[AMENDED]
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 proposed to be amended by adding a new paragraph
(b)(1), adding and reserving paragraph (b)(2), and by adding a new
paragraph (i). These new provisions read as follows:
Sec. 2.56 Disclosure of Parole Commission regional office 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 regional office 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]
* * * * *
(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 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: July 21, 1997.
Michael J. Gaines,
Chairman, U.S. Parole Commission.
[FR Doc. 97-19709 Filed 7-25-97; 8:45 am]
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