[Federal Register Volume 67, Number 48 (Tuesday, March 12, 2002)]
[Proposed Rules]
[Pages 11208-11210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5874]



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Part V





Department of Housing and Urban Development





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24 CFR Part 2002



Implementation of the Freedom of Information Act; Proposed Rule

  Federal Register / Vol. 67, No. 48 / Tuesday, March 12, 2002 / 
Proposed Rules  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 2002

[Docket No. FR-4716-P-01]
RIN 2508-AA12


Implementation of the Freedom of Information Act

AGENCY: Office of Inspector General (OIG), HUD.

ACTION: Proposed rule.

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SUMMARY: This proposed rule amends The Office of Inspector General's 
Freedom of Information Act (FOIA) (5 U.S.C. 552) regulation, and 
implements the statutory requirements of the Electronic Freedom of 
Information Act (EFOIA) (Pub. L. 104-231).

DATES: Comment due date: May 13, 2002.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposed rule to the Rules Docket Clerk, Office of General 
Counsel, Department of Housing and Urban Development, 451 Seventh 
Street, SW, Room 10278, Washington, DC 20410. Communications should 
refer to the above docket number and title. A copy of each 
communication submitted will be available for public inspection and 
copying between 7:30 a.m. and 5:30 p.m. weekdays at the above address.

FOR FURTHER INFORMATION CONTACT: Bryan Saddler, Counsel to the 
Inspector General, Department of Housing and Urban Development, 451 
Seventh Street, SW, Room 8260, Washington, DC 20410, (202) 708-1613. 
(This is not a toll free number.) A telecommunications device for 
hearing- and speech-impaired persons (TTY) is available at 1-800-877-
8339 (Federal Information Relay Services). (This is a toll-free 
number.)

SUPPLEMENTARY INFORMATION:

Background

    HUD's regulations at 24 CFR part 15 contain the policies and 
procedures governing public access to HUD records under the FOIA. The 
Inspector General Act of 1978 (5 U.S.C. App. 3) was enacted to ``create 
independent and objective units'' to perform various investigative and 
monitoring functions within Executive agencies of the Federal 
Government, including HUD. In furtherance of the goals of independence 
and objectivity, in 1984 the Inspector General implemented 24 CFR part 
2002, which explains the procedures for requesting information from the 
OIG under the FOIA. Part 2002 is generally similar to HUD's FOIA 
regulations at 24 CFR part 15, except that OIG officials, as opposed to 
HUD officials, make determinations concerning the release of OIG 
records. Congress amended the FOIA in 1996 with the passage of the 
EFOIA. In this proposed rule, the OIG would amend its FOIA regulations 
to implement the EFOIA. Accordingly, the proposed amendments provide 
for an electronic reading room, modify the FOIA timeframes, and 
establish multiple ``tracks'' for processing requests.

Findings and Certifications

Environmental Review

    This proposed rule does not direct, provide for assistance or loan 
and mortgage insurance for, or otherwise govern or regulate real 
property acquisition, disposition, leasing, rehabilitation, alteration, 
demolition, or new construction, or establish, revise, or provide for 
standards for construction or construction materials, manufactured 
housing or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this 
issuance is categorically excluded from environmental review under the 
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321).

Regulatory Flexibility Act

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed this proposed rule before publication and 
by approving it certifies that this rule does not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule contains no anti-competitive discriminatory aspects with 
regard to small entities nor are there any unusual procedures that 
would need to be complied with by small entities.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits, to the 
extent practicable and permitted by law, an agency from promulgating a 
regulation that has federalism implications and either imposes 
substantial direct compliance costs on State and local governments and 
is not required by statute, or preempts State law, unless the relevant 
requirements of section 6 of the Executive Order are met. This rule 
does not have federalism implications and does not impose substantial 
direct compliance costs on State and local governments or preempt State 
law within the meaning of the Executive Order. Rather, this rule would 
amend OIG's FOIA regulation and implement the statutory requirements of 
EFOIA.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538) establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. This proposed rule does not impose 
any Federal mandates on any State, local, or tribal governments or the 
private sector within the meaning of Unfunded Mandates Reform Act of 
1995.

List of Subjects in 24 CFR Part 2002

    Freedom of Information.

    Accordingly, 24 CFR chapter XII, Part 2002, is proposed to be 
amended as follows:

PART 2002--AVAILABILITY OF INFORMATION TO THE PUBLIC

    1. The authority citation for Part 2002 is revised to read as 
follows:

    Authority: 5 U.S.C. 552; Electronic Freedom of Information Act 
(Pub. L. 104-231); Freedom of Information Reform Act of 1986 (Pub. 
L. 99-579); 5 U.S.C. App. 3 (Inspector General Act of 1978); 42 
U.S.C. 3535(d); Delegation of Authority, Jan. 9, 1981 (46 FR, 2389).

    2. Section 2002.1 is revised to read as follows:


Sec. 2002.1  Scope of the part and applicability of other HUD 
regulations.

    (a) General. This part contains the regulations of the Office of 
Inspector General, which implements the Freedom of Information Act (5 
U.S.C. 552). It informs the public how to request records and 
information from the Office of Inspector General and explains the 
procedure to use if a request is denied. Requests for documents made by 
subpoena or other order are governed by procedures contained in part 
2004 of this chapter. In addition to the regulations in this part, the 
following provisions of part 15 of this title covering the production 
or disclosure of material or information apply (except as limited in 
paragraph (b) of this section) to the production or disclosure of 
material in the possession of the Office of Inspector General:

Sec. 15.2  What definitions apply to this part?
Sec. 15.3  What exemptions are authorized by 5 U.S.C. 552?
Sec. 15.108  What are HUD's policies concerning designating 
confidential commercial or financial information under Exemption 4 of 
the FOIA and responding to requests for business information?
Sec. 15.110  What fees will HUD charge?


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    (b) Limited applicability of Sec. 15.110 of this title. For 
purposes of this part, paragraphs (d) through (k) of Sec. 15.110 of 
this title are not applicable.
    (c) Use of the term ``HUD''. For purposes of this part, and when 
the words ``HUD'' or ``Department'' are used in this part or 
Secs. 15.2(b), 15.3, 15.108 and 15.110 of this title, the term means 
the Office of the Inspector General.
    (d) Request for declassification and release of classified 
material. Section 15.107 of this title contains provisions for 
requesting declassification and release of declassified material.
    3. Section 2002.3 is revised to read as follows:


Sec. 2002.3  OIG's overall policy concerning discloseable records and 
requests for OIG records.

    (a) The Office of Inspector General will fully and responsibly 
disclose its identifiable records and information consistent with 
competing public interests, such as national security, personal 
privacy, grand jury and investigative secrecy, complainant 
confidentiality, agency deliberative process, as are recognized by FOIA 
and other federal statutes.
    (b) A request for Office of Inspector General records may be made 
in person during normal business hours at any office where Office of 
Inspector General employees are permanently stationed. Although oral 
requests may be honored, a requester may be asked to submit the request 
in writing. A written request shall be addressed to: The Office of 
Inspector General, Department of Housing and Urban Development, 451 
Seventh Street, SW, Suite 8260, Washington, DC 20410.
    (c) Each request must reasonably describe the desired record 
including the name, subject matter, and number or date, where possible, 
so that the record may be identified and located. The request should 
also include the name, address and telephone number of the requester, 
and the format in which the requester would like the desired record to 
be reproduced. In order to enable the Office of Inspector General to 
comply with the time limitations set forth in Sec. 2002.17, both the 
envelope containing a written request and the letter itself should 
clearly indicate that the subject is a Freedom of Information Act 
request.
    (d) The request must be accompanied by the fee or an offer to pay 
the fee as determined in Sec. 15.110 of this title.
    (e) Copies of available records will be made as promptly as 
possible. Copying service will be limited to not more than 10 copies of 
any single page. Records that are published or available for sale need 
not be reproduced.
    (f) To the extent that records are readily reproducible, the Office 
of Inspector General will send records in the form requested, including 
electronic format.
    4. Section 2002.7 is revised to read as follows:


Sec. 2002.7  OIG processing of requests.

    (a) Multitracking. (1) The Office of Inspector General places each 
request in one of two tracks. The Office of Inspector General places 
requests in its simple or complex track based on the amount of work and 
time involved in processing the request. Factors the Office of 
Inspector General will consider in assigning a request in the simple or 
complex track will include whether the request involves the processing 
of voluminous documents and/or whether the request involves responsive 
documents from more than one organizational unit. Within each track, 
the Office of Inspector General processes requests in the order in 
which they are received.
    (2) For requests that have been sent to the wrong office, the 
Office of Inspector General will assign the request within each track 
using the earlier of either:
    (i) The date on which the request was referred to the appropriate 
office; or,
    (ii) The end of the ten (10) working day period in which the 
request should have been referred to the appropriate office.
    (b) Expedited processing. The Office of Inspector General may take 
your request or appeal out of normal order if the Office of Inspector 
General determines that you have a compelling need for the records or 
in other cases as determined by the Office of Inspector General. If the 
Office of Inspector General grants your request for expedited 
processing, the Office of Inspector General will give your request 
priority and will process it as soon as practicable. The Office of 
Inspector General will consider a compelling need to exist if:
    (1) Your failure to obtain the 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 a threatened loss of 
substantial due process rights; or,
    (2) You are primarily engaged in disseminating information and 
there is an urgency to inform the public concerning actual or alleged 
Federal Government activity.
    5. Section 2002.9 is revised to read as follows:


Sec. 2002.9  Where to review records.

    (a) You may inspect and copy hardcopy records that section 
552(a)(2) of FOIA requires the Office of Inspector General make 
available to the public in reading rooms. At the Headquarters and DC 
Offices, this would be at HUD's Library, Suite 8141, 451 Seventh St., 
SW, Washington, DC 20410, and should be coordinated through Counsel's 
Office to the Inspector General, Suite 8260. Local offices may 
coordinate for local requests.
    (b) For records created on or after November 1, 1996, this 
information is available to you through the Office of Inspector 
General's Internet website at http://www.hud.gov/oig/oigindex.html.
    6. In Sec. 2002.11, paragraph (a) is revised to read as follows:


Sec. 2002.11  Review of records, aggregating requests and waiving or 
reducing fees.

    (a) Review of records. Only requesters who are seeking documents 
for commercial use may be charged for the time HUD spends reviewing 
records to determine whether they are exempt from mandatory disclosure. 
Charges may be assessed only for the initial review; i.e., the review 
undertaken the first time HUD analyzes the applicability of a specific 
exemption to a particular record or portion of a record. HUD will not 
charge for review at the administrative appeal level of an exemption 
already applied. However, records or portions of records withheld in 
full under an exemption which is subsequently determined not to apply 
may be reviewed again to determine the applicability of other 
exemptions not previously considered. The costs for such a subsequent 
review would be properly assessable. Review time will be assessed at 
the same rates established for search time in Sec. 15.110 of this 
title.
* * * * *
    7. In Sec. 2002.15, paragraph (b) is revised to read as follows:


Sec. 2002.15  Advance Payments.

* * * * *
    (b) When HUD acts under paragraph (a)(1) or (a)(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 extensions of these time limits) will begin only after HUD 
has received fee payments described in paragraph (a) of this section.
    8. In Sec. 2002.17, paragraph (a) is revised to read as follows:


Sec. 2002.17  Time limitations.

    (a) Upon receipt of a request for records, the appropriate 
Assistant Inspector General or an appointed designee will determine 
within twenty

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(20) working days whether to grant the request. The Assistant Inspector 
General or designee will notify the requestor immediately in writing of 
the determination and the right of the person to request a review by 
the Inspector General of an adverse determination.
* * * * *
    9. Sections 2002.5, 2002.13, 2002.19, 2002.21, 2002.23 and 2002.25 
shall remain as they currently exist.

    Dated: February 4, 2002.
David C. Williams,
Acting Inspector General.
[FR Doc. 02-5874 Filed 3-11-02; 8:45 am]
BILLING CODE 4210-78-P