[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