[Federal Register Volume 71, Number 105 (Thursday, June 1, 2006)]
[Rules and Regulations]
[Page 31073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8479]


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DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Part 4

[Docket No. 060518134-6134-01]
RIN 0605-AA22


Disclosure of Government Information; Responsibility for 
Responding to Freedom of Information Act Requests

AGENCY: Department of Commerce.

ACTION: Interim final rule; request for comments.

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SUMMARY: The Department of Commerce publishes this interim final rule 
to amend its regulations that establishes the date that the Department 
uses in identifying those records that it may consider when responding 
to a Freedom of Information Act request. The Department takes this 
action pursuant to a court order that enjoins it from further use of 
its current regulations.

DATES: This rule is effective on June 1, 2006. Comments must be 
submitted on July 3, 2006.

ADDRESSES: The public may submit comments to: Brenda Dolan, 
Departmental Freedom of Information and Privacy Act Officer, U.S. 
Department of Commerce, Office of Management and Organization, Room 
5327, Washington, DC 20230, 202-482-3258.

FOR FURTHER INFORMATION CONTACT: Brenda Dolan, Departmental Freedom of 
Information and Privacy Act Officer, U.S. Department of Commerce, 
Office of Management and Organization, Room 5327, Washington, DC 20230, 
202-482-3258.

SUPPLEMENTARY INFORMATION: On April 24, 2006, the United States 
District Court, District of Oregon determined that the Department of 
Commerce violated the Freedom of Information Act for failing to make a 
timely determination on an information request, which subsequently 
resulted in an improper withholding under the Act. The court ordered 
the Department to refrain from using ``the day that the proper 
component receives the request'' as the cut-off date for determining 
those records that are responsive to a FOIA request. Pursuant to the 
court's order, the Department amends paragraph 4.5(a) of 15 CFR Part 4 
to establish a new cut-off date for records that are to be considered 
in a FOIA request. Upon the effectiveness of this rule, the records 
that are considered responsive to a FOIA request will include those 
records that are within the Department's possession and control as of 
the date that the Department begins its search for them. This policy is 
consistent with that adopted by other agencies including the U.S. 
Department of Justice.

Classification

    It has been determined that this notice is not significant for 
purposes of E.O. 12866.
    The Department finds good cause to waive the rulemaking 
requirements of 5 U.S.C. 553 because it is impracticable and contrary 
to the public interest. In order to implement, in a timely manner, the 
Department's new regulation that establishes the date that the 
Department uses in identifying those records that it may consider when 
responding to a request for records, the Department finds that it is 
impracticable and contrary to the public interest to allow for prior 
notice and opportunity for public comment. If the Department delayed 
the effectiveness of this action, the Department would violate the 
April 24, 2006 order to refrain from further use of the regulations. 
Therefore, in order to ensure timely compliance with the Court's order, 
the Department makes this rule effective upon publication.
    Because notice and opportunity for comment are not required 
pursuant to 5 U.S.C. 553 or any other law, the analytical requirements 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are 
inapplicable. Therefore, a regulatory flexibility analysis is not 
required and has not been prepared.

    Dated: May 26, 2006.
Brenda Dolan,
Departmental Freedom of Information and Privacy Act Officer.

List of Subjects in 15 CFR Part 4

    Freedom of Information and Privacy.

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For the reasons set forth above, the Department amends 15 CFR part 4 as 
follows:

PART 4--DISCLOSURE OF GOVERNMENT INFORMATION

0
1. The authority citation for part 4 continues to read:

    Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C. 
553; 31 U.S.C. 3717; 44 U.S.C. 3101; Reorganization Plan No. 5 of 
1950.


0
2. Revise paragraph (a) of section 4.5 to read as follows:


Sec.  4.5  Responsibility for responding to requests.

    (a) In general. Except as stated in paragraph (b) of this section, 
the proper component of the Department to respond to a request for 
records is the component that first receives the request and has 
responsive records, or the component to which the Departmental Freedom 
of Information Officer assigns lead responsibility for responding to 
the request. Records responsive to a request shall include those 
records within the Department's possession and control as of the date 
the Department begins its search for them.
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[FR Doc. E6-8479 Filed 5-31-06; 8:45 am]
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