[Federal Register Volume 62, Number 236 (Tuesday, December 9, 1997)]
[Rules and Regulations]
[Pages 64740-64741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31489]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 105-60

RIN 3090-AG65


Public Availability of Agency Records and Informational Materials

AGENCY: Office of Management and Workplace Programs, GSA.

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA) is revising its 
regulations that implement the Freedom of Information Act (FOIA), to 
incorporate the time limit provisions of the Electronic Freedom of 
Information Act Amendments of 1996.

DATES: This rule is effective December 9, 1997.

FOR FURTHER INFORMATION CONTACT:
Mary Cunningham, GSA Freedom of Information Act (FOIA) Officer (202-
501-3415); or Helen C. Maus, Office of General Counsel (202-501-1460).

SUPPLEMENTARY INFORMATION: This rule was not submitted to the Office of 
Management and Budget pursuant to Executive Order 12866 of September 
30, 1993, Regulatory Planning and Review, because it is not a 
significant regulatory action as defined in Executive Order 12866.
    The Paperwork Reduction Act does not apply because the rule does 
not impose information collection requirements which require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501 et 
seq.
    The Administrator certifies that this regulatory amendment will not 
have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act, 5 
U.S.C. 601-612. Pursuant to 5 U.S.C. 605(b) this rule is therefore 
exempt from the initial and final regulatory flexibility analyses 
requirements of sections 603 and 604.

Comprehensive Summary

    The regulations of which this interim rule is a part implement the 
FOIA, that codified Pub. L. 89-487 and amended section 3 of the 
Administrative Procedure Act, formerly 5 U.S.C. 1002 (1964 ed.). The 
revision incorporates the time limit provisions of the Electronic 
Freedom of Information Act Amendments of 1996 (Pub. L. 104-231, 110 
Stat. 3048), changing response time for initial requests from 10 
working days to 20 working days. The remaining provisions of the 1996 
amendments will be incorporated in a forthcoming edition of the 
regulations.

Waiver of Proposed Rulemaking

    In developing this final rule, we are waiving the usual notice of 
proposed rulemaking and public comment procedures set forth in the 
Administrative Procedure Act, 5 U.S.C. 553 (APA). The APA provides an 
exception to the notice and comment procedures when an agency finds 
there is good cause for dispensing with such procedures on the basis 
that they are impracticable, unnecessary, or contrary to the public 
interest. We have determined that under 5 U.S.C. 553(b)(3)(B) good 
cause exists for

[[Page 64741]]

dispensing with the notice of proposed rulemaking and public comment 
procedures for this rule. Specifically, this rulemaking comports with 
and is consistent with the statutory authority and requirements set 
forth in the Electronic Freedom of Information Act Amendments of 1996 
concerning time limits for responding to initial FOIA requests and 
administrative appeals with no issues of policy or discretion. 
Accordingly, opportunity for prior public comment is unnecessary and 
contrary to the public interest, and we are issuing this revised 
regulation as a final rule.

List of Subjects in 41 CFR Part 105-60

    Freedom of information.

    For the reasons set out in the preamble, 41 CFR Part 105-60 is 
amended as follows:

PART 105-60--PUBLIC AVAILABILITY OF AGENCY RECORDS AND 
INFORMATIONAL MATERIALS

    1. The authority citation for 41 CFR Part 105-60 continues to read 
as follows:

    Authority: 5 U.S.C. 301 and 552; 40 U.S.C. 486(c).

Subpart 105-60.4--Described Records

    2. Sections 105-60.402, 105-60.402-1, and 105-60.402-2 are revised 
to read as follows:


Sec. 105-60.402  Procedures for making records available.

    Sections 105-60.402-1 and 105-60.402-2 set forth initial procedures 
for making records available when they are requested, including 
administrative procedures to be exhausted prior to seeking judicial 
review by an appropriate United States District Court.


Sec. 105-60.402-1  Submission of requests.

    For records located in the GSA Central Office, the requester must 
submit a request in writing to the GSA FOIA Officer, General Services 
Administration (CAI), 1800 F Street, NW., Washington, DC 20405. 
Requesters may FAX requests to (202) 501-2727, or submit a request by 
e-mail to [email protected]. For records located in the Office of 
Inspector General, the requester must submit a request to the FOIA 
Officer, Office of Inspector General, General Services Administration, 
1800 F Street NW., Room 5324, Washington, DC 20405. For records located 
in the GSA regional offices, the requester must submit a request to the 
FOIA Officer for the relevant region, at the address listed in 
Sec. 105-60.303(a). Requests should include the words ``Freedom of 
Information Act Request'' prominently marked on both the face of the 
request letter and the envelope. The 20-workday time limit for agency 
decisions set forth in Sec. 105-60.402-2 begins with receipt of a 
request in the office of the official identified in this section, 
unless the provisions under Secs. 105-60.305-8 and 105-60.305-12(d) 
apply. Failure to include the words ``Freedom of Information Act 
Request'' or to submit a request to the official identified in this 
section will result in processing delays. A requester with questions 
concerning a FOIA request should contact the GSA FOIA Office, General 
Services Administration (CAI), 1800 F Street, NW., Washington, DC 
20405, (202) 501-2691.


Sec. 105-60.402-2  Response to initial requests.

    GSA will respond to an initial FOIA request that reasonably 
describes requested records, including a fee waiver request, within 20 
workdays (that is, excluding Saturdays, Sundays, and legal holidays) 
after receipt of a request by the office of the appropriate official 
specified in Sec. 105-60.402-1. This letter will provide the agency's 
decision with respect to disclosure or nondisclosure of the requested 
records, or, if appropriate, a decision on a request for a fee waiver. 
If the records to be disclosed are not provided with the initial 
letter, the records will be sent as soon as possible thereafter. In 
unusual circumstances, as described in Sec. 105-60.404, GSA will inform 
the requester of the agency's need to take an extension of time, not to 
exceed an additional 10 workdays.

    Dated: November 24, 1997.
David J. Barram,
Administrator.
[FR Doc. 97-31489 Filed 12-8-97; 8:45 am]
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