[Federal Register Volume 64, Number 73 (Friday, April 16, 1999)]
[Rules and Regulations]
[Pages 18799-18800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9622]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 64, No. 73 / Friday, April 16, 1999 / Rules 
and Regulations  

[[Page 18799]]


-----------------------------------------------------------------------

FEDERAL LABOR RELATIONS AUTHORITY

5 CFR Part 2411


Revision of Freedom of Information Act Regulations

AGENCY: Federal Labor Relations Authority.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Labor Relations Authority, the General Counsel of 
the Federal Labor Relations Authority, and the Federal Service Impasses 
Panel (collectively ``FLRA'') amend the FLRA's regulations relating to 
the Freedom of Information Act (FOIA), in order to implement certain 
changes mandated by the Electronic Freedom of Information Act 
Amendments of 1996 (EFOIA). The regulatory changes in this rule will 
provide for expedited processing of information requests, as required 
by the EFOIA.

EFFECTIVE DATE: The regulation shall become effective May 17, 1999.

FOR FURTHER INFORMATION CONTACT: Pamela Johnson, Attorney-Advisor, 
Office of the Solicitor, Federal Labor Relations Authority, (202) 482-
6620.

SUPPLEMENTARY INFORMATION: The Federal Labor Relations Authority 
proposed revisions to Parts 2411 of its FOIA regulations (5 CFR part 
2411), which were published in the Federal Register on November 14, 
1997 (62 FR 61035). Public comment was solicited on the proposed 
changes. However, no written comments were received in response to the 
notice of proposed rulemaking.
    Through the EFOIA, Public Law 104-231, 110 Stat. 3048, 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, and mandated 
that agencies grant such requests upon a showing of compelling need.
    Pursuant to the EFOIA, the FLRA's amended regulations provide for 
expedited processing of initial requests that demonstrate a compelling 
need, and allow for expedited processing in other cases when the agency 
determines it is warranted. Additionally, the amended regulations 
instruct FOIA officers to 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 amended 
regulations will reflect these changes through modifications to 
Sec. 2411.8, including a retitling of the section and the addition of a 
new paragraph (b).

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 regulation, as 
amended, 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.

Unfunded Mandates Reform Act of 1995

    This rule change will not result in the expenditure by state, 
local, and tribal governments, in the aggregate, or by the private 
sector, of $100,000,000 or more in any one year, and it will not 
significantly or uniquely affect small governments. Therefore, no 
actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This action is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

Paperwork Reduction Act of 1995

    The amended regulations contain no additional information 
collection or record keeping requirements 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 5 CFR part 
2411, 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. Section 2411.8 is revised 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.

[[Page 18800]]

    (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 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: April 13, 1999.
Solly Thomas,
Executive Director.
[FR Doc. 99-9622 Filed 4-15-99; 8:45 am]
BILLING CODE 6727-01-P