[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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