[Federal Register Volume 62, Number 220 (Friday, November 14, 1997)]
[Rules and Regulations]
[Page 60997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29915]



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  Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / 
Rules and Regulations  

[[Page 60997]]


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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 (FLRA) are amending their regulations governing the release of 
information as these regulations pertain to the timing of FLRA 
responses to requests for information. This action is taken to conform 
the FLRA's regulations to the requirements of the Freedom of 
Information Act, 5 U.S.C. 552, et seq. (FOIA), as amended by the 
Electronic Freedom of Information Act Amendments of 1996 (EFOIA).

DATES: Effective November 14, 1997.

FOR FURTHER INFORMATION CONTACT: Peter Constantine, Office of Case 
Control, Federal Labor Relations Authority, 607 14th Street, N.W., Room 
415, Washington, D.C. 20424-0001, or by telephone at (202) 482-6540.

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, 
among other things, increase the time limit for agency responses to 
requests for information from ten (10) to twenty (20) working days. 
Accordingly, the FLRA is amending its regulations at 5 CFR Part 2411 to 
reflect this change. The revisions to the FLRA's FOIA regulations set 
forth below are neither interpretive nor controversial. For these 
reasons, the FLRA finds good cause to determine that public notice of, 
and comments on, this amendment are impracticable, unnecessary, and 
contrary to the public interest. Therefore, pursuant to 5 U.S.C. 
553(b), this regulatory action is exempt from notice and comment 
requirements.

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 amends part 2411 
of chapter XIV, title 5 of the Code of Federal Regulations 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. In Sec. 2411.6, paragraph (b) is revised to read as follows:


Sec. 2411.6  Time limits for processing requests.

* * * * *
    (b) Except as provided in Sec. 2411.8, the appropriate Regional 
Director, the Freedom of Information Officer of the Office of the 
General Counsel, the Solicitor of the Authority, or the Executive 
Director of the Panel, as appropriate, shall, within twenty (20) 
working days following receipt of the request, respond in writing to 
the requester, determining whether, or the extent to which, the request 
shall be complied with.
* * * * *
    3. In Sec. 2411.10, paragraph (g)(2) is revised to read as follows:


Sec. 2411.10  Fees.

* * * * *
    (g) * * *
    (2) A requester has previously failed to pay a fee charged in a 
timely fashion (i.e., within 30 days of the date of the billing), in 
which case the Authority, the General Counsel or the Panel requires the 
requester to pay the full amount owed plus any applicable interest as 
provided above or demonstrate that the requester has, in fact, paid the 
fee, and to make an advance payment of the full amount of the estimated 
fee before the agency begins to process a new request or a pending 
request from that requester. When the Authority, the General Counsel or 
the Panel acts under paragraph (g)(1) or (2) of this section, the 
administrative time limits prescribed in subsection (a)(6) of the FOIA 
(i.e., 20 working days from receipt of initial requests and 20 working 
days from receipt of appeals from initial denial, plus permissible 
extension of these time limits) will begin only after the Authority, 
the General Counsel or the Panel has received fee payments described 
above.
* * * * *
    Dated: November 7, 1997.
Solly Thomas,
Executive Director.
[FR Doc. 97-29915 Filed 11-13-97; 8:45 am]
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