[Federal Register Volume 62, Number 180 (Wednesday, September 17, 1997)]
[Rules and Regulations]
[Pages 48757-48758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24654]


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DEPARTMENT OF STATE

22 CFR Part 171

[Public Notice No. 2588]


Office of Information Resources Management Programs and Services; 
Access to Information--Freedom of Information Provisions

AGENCY: Office of Information Resources Management Programs and 
Services, Department of State.

ACTION: Interim rule with request for comment.

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SUMMARY: The Department of State is hereby promulgating interim rules 
and soliciting comments prior to adoption of final rules to implement 
its obligations under the Freedom of Information Act relating to 
requests for expeditious processing of requests.

DATES: The interim rule is effective on October 2, 1997. Comments must 
be submitted on or before November 17, 1997.

ADDRESSES: Written comments may be mailed or delivered to the 
Information and Privacy Coordinator, Office of Information Resources 
Management Programs and Services, Room 1239, Department of State, 2201 
C Street, N.W., Washington, D.C. 20520-1239.

FOR FURTHER INFORMATION CONTACT: Margaret P. Grafeld, Acting Director, 
Office of Information Resources Management Programs and Services, Room 
1239, Department of State, 2201 C Street, NW, Washington, D.C. 20520-
1239; telephone (202) 647-7740; facsimile (202) 647-5094.

SUPPLEMENTARY INFORMATION: This document promulgates interim rules and 
seeks public comment. The agency is compelled to comply with the 
mandates of the Electronic Freedom of Information Act (E-FOIA) 
Amendments of 1996 legislation, and applicable deadlines, which require 
new procedures to become effective October 2, 1997. This interim rule 
revises 22 CFR 171.12 to bring these regulations into conformity with 
the new statutory provisions set forth in the (E-FOIA) Amendments 
related to time limits for response and consideration of requests for 
expedited processing of Freedom of Information Act inquiries. 
Therefore, the agency waives publication of a proposed rule in 
accordance with the ``good cause'' provision of the Administrative 
Procedure Act, 5 U.S.C. 553. The rule is not expected to have a 
significant impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act. Nor does it impose unfunded 
mandates under the Unfunded Mandates Reform Act. This rule does not 
alter substantially any existing rights of members of the public. In 
addition, the rule does not impose information collection requirements 
under the provisions of the Paperwork Reduction Act of 1980. The rule 
is exempt from review under E.O. 12866, but has been reviewed 
internally by the Department to ensure consistency with the objectives 
thereof.

List of Subjects in 22 CFR Part 171

    Administrative practice and procedure, Classified information, 
Confidential business information, Freedom of information, Privacy.

    For the reasons set forth in the preamble, 22 CFR part 171 is 
amended as follows:

[[Page 48758]]

PART 171--AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC

    1. The authority citation for Part 171 is revised to read as 
follows:

    Authority: 5 U.S.C. 551 et seq., 552, 552a; 5 U.S.C. App. 201; 
E.O.12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; E.O.12958, 60 FR 
19825, 3 CFR, 1995 Comp., p. 333.

Subpart B--Freedom of Information Provisions

    2. Section 171.12 is revised to read as follows:


Sec. 171.12  Time limits/expedited processing.

    (a) Whenever possible, the Department will furnish the requested 
records within 20 days (excluding Saturdays, Sundays, and legal public 
holidays), except as cited in Sec. 171.4.
    (b) A separate queue shall be established for requests meeting the 
test for expeditious processing. Requests for expedited processing 
shall be granted to the requester after the requester has demonstrated 
that a compelling need exists. A notice of the determination as to 
whether to grant expedited processing shall be provided to the 
requester within ten (10) days of the date of the request. The request 
for expedited processing shall set forth with specificity the relevant 
facts upon which the requester relies and demonstrate to the Department 
that substantive records relevant to the stated needs may exist and be 
deemed releasable.
    (c) A ``compelling need'' is deemed to exist where the requester 
can demonstrate one of the following:
    (1) Failure to obtain requested information on an expedited basis 
could reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (2) The information is urgently needed by an individual primarily 
engaged in disseminating information in order to inform the public 
concerning actual or alleged Federal Government activity. News media 
requesters would normally qualify; however, other persons must 
demonstrate that their primary activity involves publishing or 
otherwise disseminating information to the public, not just a 
particular segment or group.
    (i) Urgently needed. The information has a particular value that 
will be lost if not disseminated quickly. Ordinarily this means a 
breaking news story of general public interest. However, information of 
historical interest only, or information sought for litigation or 
commercial activities would not qualify, nor would a news media 
publication or broadcast deadline unrelated to the newsbreaking nature 
of the information;
    (ii) Actual or alleged Federal Government activity. The information 
concerns some actions taken, contemplated, or alleged by or about the 
government of the United States, or one of its components or agencies, 
including the Congress;
    (3) Substantial due process rights of the requester would be 
impaired by the failure to process immediately; or
    (4) Substantial humanitarian concerns would be harmed by the 
failure to process immediately.
    (d) A demonstration of compelling need by a requester shall be made 
by a statement certified by the requester to be true and correct to the 
best of their knowledge. This statement must accompany the request in 
order to be considered and responded to within the ten (10) days 
required for decisions on expedited access.
    (e)(1) The Department's decision to deny expedition may be appealed 
to the Chief of the Requester Liaison Division, Room 1512, Department 
of State, 2201 C Street, NW., Washington, D.C. 20520. Appeals should 
contain as much information and documentation as possible to support 
the request for expedited processing in accordance with the criteria 
set forth in paragraph (c) of this section.
    (2) The Requester Liaison Division Chief will issue a final 
decision in writing within ten (10) days from the date on which the 
Department received the appeal.

    Dated: September 3, 1997.
Patrick F. Kennedy,
Assistant Secretary for the Bureau of Administration.
[FR Doc. 97-24654 Filed 9-16-97; 8:45 am]
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