[Federal Register Volume 63, Number 235 (Tuesday, December 8, 1998)]
[Rules and Regulations]
[Pages 67576-67577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32511]
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UNITED STATES INFORMATION AGENCY
22 CFR Part 503
Freedom of Information Act Regulation
AGENCY: United States Information Agency.
ACTION: Final rule.
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SUMMARY: This document amends the Agency's current regulation
implementing the Freedom of Information Act (FOIA) to conform with
requirements made by the Electronic Freedom of Information Act (EFOIA)
of 1996 as amended.
EFFECTIVE DATE: January 7, 1999.
ADDRESSES: Freedom of Information Office, United States Information
Agency, Room M-29, 301 4th Street, SW, Washington, D.C. 20547.
FOR FURTHER INFORMATION CONTACT:
Lola L. Secora, Chief, FOIA/PA Unit, (202) 619-5499.
SUPPLEMENTARY INFORMATION: The United States Information Agency last
published a Final Rule to revise its Freedom of Information Act (FOIA)
regulations on February 8, 1994, 59 FR 5708, 22 CFR Ch. V (4-1-96
Edition). This new amendment to USIA's regulation implementing the FOIA
is required by the EFOIA of 1996 as amended by Pub. L. 104-231. The
amendments are made to address and explain how records of USIA will be
reviewed and released when the records are maintained in electronic
format. However, documentation not previously subject to the FOIA when
maintained in a non-electronic format is not made subject to FOIA by
this new amendment. It has been determined that this addition is not a
significant regulatory action and it will not:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof;
(4) Have a significant economic impact on a substantial number of
small entities; or
(5) Impose any reporting or record keeping requirements under the
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).
List of Subjects in 22 CFR Part 503
Freedom of information.
Accordingly, 22 CFR part 503 is amended as set forth below:
PART 503--FREEDOM OF INFORMATION ACT REGULATION
1. The authority citation for part 503 reads as follows:
Authority: 5 U.S.C. 301, 552; 13 U.S.C. 8; 22 U.S.C. 503, 2658;
E.O. 10477, 18 FR 4540, 3 CFR, 1949-1953 Comp., p. 958; E.O. 10822,
24 FR 4159, 3 CFR, 1959-1963 Comp., p. 355; E.O. 12292, 46 FR 13967,
3 CFR, 1981 Comp., p. 134; E.O. 12356, 47 FR 14874 and 15557, 3 CFR,
1982 Comp., p. 166; E.O. 12958, 60 FR 19825, 3 CFR, 1995 Comp., p.
333.
2. In Sec. 503.1, revise the definition for ``Records'' in
paragraph (b) to read as follows:
Sec. 503.1 Introduction and definitions.
* * * * *
(b) Definitions * * *
Records (and any other term used in this section in reference to
information) includes any information that would be an agency record
subject to the requirements of this section when maintained by the
Agency in any format, including an electronic format. Records also
include any handwritten, typed or printed documents (such as memoranda,
books, brochures, studies, writings, drafts, letters, transcripts, and
minutes) and documentary material in other forms (such as punchcards;
magnetic tapes, cards, or discs; paper tapes; audio or video
recordings; maps; photographs; slides; microfilm; and motion pictures).
It does not include objects or articles such as exhibits, models;
equipment, and duplication machines or audiovisual processing
materials. Nor does it include books, magazines, pamphlets, or other
reference material in formally organized and officially designated USIA
libraries, where such materials are available under the rules of the
particular library.
* * * * *
3. In Sec. 503.2, paragraph (b) is revised, the undesignated text
at the end of the section is removed, and paragraph (e)(2) is revised
to read as follows:
Sec. 503.2 Making a request.
* * * * *
[[Page 67577]]
(b) Details in your letter. Your request for documents should
provide as many details as possible that will help us find the records
you are requesting. If there is insufficient information, we will ask
you for more. Include your telephone number(s) to help us reach you if
we have questions. If you are not sure how to write your request or
what details to include, you may call the FOIA Office to request a copy
of the Agency's booklet ``Guide and Index of Records,'' or access the
same information via the Internet on USIA's World Wide Web site (http:/
/www.usia.gov). The more specific the request for documents, the faster
the Agency will be able to respond to your request(s).
* * * * *
(e) Responding to your request. * * *
(2) Furnishing records. (i) The Agency is only required to furnish
copies of records which we have or can retrieve, we are not compelled
to create new records. The Agency will aid requesters by providing
records and information in the form requested, including electronic
format, if we can readily reproduce them in that form or format.
(ii) We may decide to conserve government resources and at the same
time supply the records you need by consolidating information from
various records, in paper form or electronically, rather than copying
them all. If the effort to produce records in electronic format would
significantly interfere with the operations of the Agency, we will
consider the effort to be an unreasonable search.
(iii) The Agency is required to furnish only one copy of a record.
If we are unable to make a legible copy of a record to be released, we
will not attempt to reconstruct it. Rather we will furnish the best
copy possible and note its poor quality in our reply or on the copy.
(iv) If we cannot accommodate the request for form or format, we
will provide responsive, nonexempt information in a reasonably
accessible form.
Sec. 503.3 [Amended]
4. In Sec. 503.3 revise ``partial of'' in the first sentence of
paragraph (d) to read ``partial or''.
5. In Sec. 503.4, revise paragraph (b)(1), redesignate paragraph
(b)(3) as paragraph (b)(3)(i), and add paragraphs (b)(3)(ii) and (b)(3)
(iii) to read as follows:
Sec. 503.4. Time limits.
* * * * *
(b) Time allowed. (1) We will decide whether to release records
within 20 working days after your request reaches the appropriate area
office that maintains the records you are requesting. When we decide to
release records, we will actually provide the records at that time, or
as soon as possible after that decision, or let you inspect them as
soon as possible thereafter.
* * * * *
(3)(i) * * *
(ii) If an extra ten days still does not provide sufficient time
for the Agency to deal with your request, we will inform you that the
request cannot be processed within the statutory time limit and provide
you with the opportunity to limit the scope of your request and/or
arrange with us a negotiated deadline for processing your request.
(iii) If you refuse to reasonably limit the scope of your request
or refuse to agree upon a time frame, the Agency will process your case
as it would have, had no modification been sought. We will make a
diligent, good-faith effort to complete our review within the statutory
time frame.
6. In Sec. 503.5, revise paragraphs (a) introductory text, (a)(4),
and (c) to read as follows: Sec. 503.5 Records available for public
inspection.
(a) To the extent that they exist, we will make the following
records of general interest available for you in paper form or
electronically for inspection or copying:
* * * * *
(4) In addition to such records as those described in this
paragraph (a), we will make available to any person a copy of all other
Agency records, in the format requested, if available, unless we
determine that such records should be withheld from disclosure under
subsection (b) of the Act and Sec. 503.8 and Sec. 503.9 of this part.
* * * * *
(c) The Agency's FOIA Guide and Index will be available
electronically via the Internet, or you may request a copy of it by
mail.
7. In Sec. 503.7, revise paragraphs (c)(2) and (e)(3) to read as
follows;
Sec. 503.7 Fees.
* * * * *
(c) * * *
(2) Computer searching and printing. Except in unusual cases, the
cost of computer time will not be a factor in calculating the two free
hours of search time. In those unusual cases, where the cost of
conducting a computerized search significantly detracts from the
Agency's ordinary operations, no more than the dollar equivalent of two
hours of manual search time shall be allowed. For searches conducted
beyond the first two hours, the Agency shall only charge the direct
costs of conducting such searches.
* * * * *
(e) Waiver or reduction of fees. * * *
(3) You must make your request for a waiver or reduction at the
same time you make your request for records. Only the FOIA Officer may
make the decision whether to waive or reduce the fees. If we do not
completely grant your request for a waiver or reduction, the denial
letter will designate the appeal official.
8. In Sec. 503.8, remove the period at the end of paragraph
(d)(5)(vi) and add a semicolon in its place, and add paragraph
(d)(5)(vii) to read as follows:
Sec. 503.8 Exemptions.
* * * * *
(d) Exemption four--Trade secrets and confidential commercial or
financial information
* * * **
(5) Exceptions to predisclosure notification. * * *
(vii) We withhold the information because another statute requires
its withholding.
* * * * *
Dated: December 1, 1998.
Les Jin,
General Counsel.
[FR Doc. 98-32511 Filed 12-7-98; 8:45 am]
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