[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Rules and Regulations]
[Page 30258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10435]


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DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Part 4

[Docket No. 060518134-6246-02]
RIN 0605-AA22


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

AGENCY: Department of Commerce.

ACTION: Final rule.

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SUMMARY: The Department of Commerce (Commerce) publishes this action to 
finalize its interim final rule that established 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 enjoined it from 
further use of its regulations.

DATES: This rule is effective on May 31, 2007.

FOR FURTHER INFORMATION CONTACT: Brenda Dolan, 202-482-3258.

SUPPLEMENTARY INFORMATION: On June 1, 2006, the Department of Commerce 
published and requested comments on an interim final rule that amended 
its regulations to establish the date that the Department uses in 
identifying those records that it may consider when responding to a 
Freedom of Information Act request (71 FR 31073). The interim final 
rule revised the regulations to state that the records that are 
considered responsive to a FOIA request include those records that are 
within the Department's possession and control as of the date the 
Department begins its search for those records. We received no public 
comments on the interim final rule. Therefore, the provisions of the 
interim final rule published on June 1, 2006 are adopted without 
change.

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 30-day delay in 
effectiveness required by 5 U.S.C. 553(d)(3). 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 
waives the 30-day delay in effectiveness. If the Department delayed the 
effectiveness of this action, the Department would violate an April 24, 
2006 court order that requires the Department to no longer use the 
regulations. To ensure timely compliance with the Court's order, the 
Department makes this rule effective upon publication.

    Dated: May 23, 2007.
Brenda Dolan,
Departmental Freedom of Information and Privacy Act Officer.

List of Subjects in 15 CFR Part 4

    Freedom of Information and Privacy.

0
For the reasons set forth above, the Department adopts without change 
the provisions in the interim final rule published on June 1, 2006 (71 
FR 31073).

[FR Doc. E7-10435 Filed 5-30-07; 8:45 am]
BILLING CODE 3510-17-P