[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Rules and Regulations]
[Page 47772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15641]



[[Page 47772]]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

15 CFR Part 2004

RIN 0350-AA13


Technical Amendment: Freedom of Information Act Policies and 
Procedures

AGENCY: Office of the United States Trade Representative (USTR).

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule makes a minor technical change to the USTR Freedom 
of Information Act (FOIA) regulation.

DATES: The interim final rule is effective on July 25, 2023. The 
deadline for the submission of written comments is August 24, 2023.

ADDRESSES: You should submit written comments to [email protected].

FOR FURTHER INFORMATION CONTACT: Janice Kaye or Monique Ricker at 
[email protected] or 202-395-3150.

SUPPLEMENTARY INFORMATION:

I. Technical Change

    On December 15, 2016, USTR published a final rule comprehensively 
revising its FOIA regulation. See 81 FR 90715. This rule makes a 
technical change to Sec.  2004.6 to align the USTR rule with the 
statute and Office of Information Policy guidance about the compelling 
circumstances under which an agency must grant expedited processing. 5 
U.S.C. 552(a)(6)(E); https://www.justice.gov/oip/oip-guidance/guidance-agency-foia-regulations. More specifically, USTR is revising the 
instances in which a requester demonstrates a ``compelling need'' in 
Sec.  2004.6(d)(2) to include when USTR determines 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 with respect to a request made by a person primarily 
engaged in disseminating information, there is urgency to inform the 
public concerning actual or alleged Federal Government activity.

II. Regulatory Flexibility Act

    USTR has considered the impact of the interim final rule and 
determined that it is not likely to have a significant economic impact 
on a substantial number of small business entities because it is 
applicable only to USTR's internal operations and legal obligations. 
See 5 U.S.C. 601 et seq.

III. Paperwork Reduction Act

    The interim final rule does not contain any information collection 
requirement that requires the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

IV. Administrative Procedure Act (APA)

    The interim final rule makes a technical, conforming amendment to a 
procedural rule applicable only to USTR's internal operations and legal 
obligations. Publication of a proposed rule is not required under 5 
U.S.C. 553(b)(3)(A). For these reasons, USTR finds good cause for the 
rule to become effective upon publication. Because USTR values public 
input, it will accept comments on the interim final rule for 30 days, 
and will make changes to the final rule if warranted.

List of Subjects in 15 CFR Part 2004

    Administrative practice and procedure, Courts, Disclosure, 
Exemptions, Freedom of information, Government employees, Privacy, 
Records, Subpoenas, Testimony.

    For the reasons stated in the preamble, USTR is amending chapter XX 
of title 15 of the Code of Federal Regulations as follows:

PART 2004--DISCLOSURE OF RECORDS AND INFORMATION

0
1. Add an authority citation for part 2004 to read as follows:

    Authority: 19 U.S.C. 2171(e)(3).

Subpart B--Freedom of Information Act Policies and Procedures

0
2. The authority citation for subpart B of part 2004 continues to read 
as follows:

    Authority: 5 U.S.C. 552; 19 U.S.C. 2171(e)(3); Uniform Freedom 
of Information Act Fee Schedule and Guidelines, 52 FR 10012, Mar. 
27, 1987.


0
3. Amend Sec.  2004.6 by:
0
a. Revising paragraphs (d)(2)(i) and (ii); and
0
b. Removing paragraphs (d)(2)(iii) and (iv).
    The revisions read as follows:


Sec.  2004.6  When will we respond to your FOIA request?

* * * * *
    (d) * * *
    (2) * * *
    (i) Failure to obtain the records on an expedited basis could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual; or
    (ii) With respect to a request made by a person primarily engaged 
in disseminating information, there is an urgency to inform the public 
about a specific actual or alleged Federal Government activity that is 
the subject of the request or appeal that extends beyond the public's 
right to know about government activity generally.
* * * * *

Janice Kaye,
Chief FOIA Officer, Office of the United States Trade Representative.
[FR Doc. 2023-15641 Filed 7-24-23; 8:45 am]
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