[Federal Register Volume 64, Number 73 (Friday, April 16, 1999)]
[Rules and Regulations]
[Pages 18799-18800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9622]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 64, No. 73 / Friday, April 16, 1999 / Rules
and Regulations
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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: Final rule.
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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 (collectively ``FLRA'') amend the FLRA's regulations relating to
the Freedom of Information Act (FOIA), in order to implement certain
changes mandated by the Electronic Freedom of Information Act
Amendments of 1996 (EFOIA). The regulatory changes in this rule will
provide for expedited processing of information requests, as required
by the EFOIA.
EFFECTIVE DATE: The regulation shall become effective May 17, 1999.
FOR FURTHER INFORMATION CONTACT: Pamela Johnson, Attorney-Advisor,
Office of the Solicitor, Federal Labor Relations Authority, (202) 482-
6620.
SUPPLEMENTARY INFORMATION: The Federal Labor Relations Authority
proposed revisions to Parts 2411 of its FOIA regulations (5 CFR part
2411), which were published in the Federal Register on November 14,
1997 (62 FR 61035). Public comment was solicited on the proposed
changes. However, no written comments were received in response to the
notice of proposed rulemaking.
Through the EFOIA, Public Law 104-231, 110 Stat. 3048, 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, and mandated
that agencies grant such requests upon a showing of compelling need.
Pursuant to the EFOIA, the FLRA's amended regulations provide for
expedited processing of initial requests that demonstrate a compelling
need, and allow for expedited processing in other cases when the agency
determines it is warranted. Additionally, the amended regulations
instruct FOIA officers to 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 amended
regulations will reflect these changes through modifications to
Sec. 2411.8, including a retitling of the section and the addition of a
new paragraph (b).
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 regulation, as
amended, 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.
Unfunded Mandates Reform Act of 1995
This rule change will not result in the expenditure by state,
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 action is not a major rule as defined by section 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.
Paperwork Reduction Act of 1995
The amended regulations contain no additional information
collection or record keeping requirements 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 amends 5 CFR part
2411, as follows:
PART 2411--AVAILABILITY OF OFFICIAL INFORMATION
1. The authority citation for part 2411 continues to read as
follows:
Authority: 5 U.S.C. 552.
2. Section 2411.8 is revised 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.
[[Page 18800]]
(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 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: April 13, 1999.
Solly Thomas,
Executive Director.
[FR Doc. 99-9622 Filed 4-15-99; 8:45 am]
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