NARA Records Subject to FOIA, 8901-8903 [2017-00329]
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Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Rules and Regulations
testimony of a current or former NMB
employee should be addressed to the
General Counsel, National Mediation
Board, 1301 K Street NW., Suite 250E,
Washington, DC 20005. No other official
or employee of the NMB is authorized
to accept service of a demand or
subpoena on behalf of the Agency.
(b) No current or former employee
may produce official records or
information or provide testimony in
response to a demand or subpoena
unless authorized by the General
Counsel.
(c) The General Counsel may grant an
employee permission to testify or
produce official records or information
in response to a demand or subpoena.
In making this determination, the
General Counsel shall consider whether:
(1) Release of the requested records or
testimony is prohibited under § 1208.5;
(2) The disclosure is appropriate
under the rules of procedure governing
the case or matter;
(3) The requested testimony or
records are privileged under the
relevant substantive law concerning
privilege;
(4) Disclosure would violate a statute
or regulation;
(5) Disclosure would reveal trade
secrets without the owner’s consent;
and
(6) Allowing testimony or production
of records would be in the best interest
of the NMB or the United States.
Dated: January 27, 2017.
Mary Johnson,
General Counsel, National Mediation Board.
[FR Doc. 2017–02103 Filed 1–31–17; 8:45 am]
BILLING CODE 7550–01–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1910, 1915, and 1926
[Docket No. OSHA–H005C–2006–0870]
RIN 1218–AB76
Occupational Exposure to Beryllium:
Delay of Effective Date
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Final rule; delay of effective
date.
pmangrum on DSK3GDR082PROD with RULES
AGENCY:
In accordance with the
Presidential directive as expressed in
the memorandum of January 20, 2017,
from the Assistant to the President and
Chief of Staff, entitled ‘‘Regulatory
SUMMARY:
VerDate Sep<11>2014
15:00 Jan 31, 2017
Jkt 241001
Freeze Pending Review,’’ this action
temporarily delays until March 21, 2017
the effective date of the rule entitled
Occupational Exposure to Beryllium,
published in the Federal Register on
January 9, 2017 (82 FR 2470), to allow
OSHA officials the opportunity for
further review and consideration of new
regulations.
DATES: This regulation is effective on
February 1, 2017. The effective date of
the regulation entitled Occupational
Exposure to Beryllium published in the
Federal Register on January 9, 2017 (82
FR 2470) is delayed to a new effective
date of March 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Frank Meilinger, Director, Office of
Communications, Room N–3647, OSHA,
U.S. Department of Labor, 200
Constitution Avenue NW., Washington,
DC 20210; telephone (202) 693–1999;
email meilinger.francis2@dol.gov.
SUPPLEMENTARY INFORMATION: OSHA
bases this action on the Presidential
directive as expressed in the
memorandum of January 20, 2017, from
the Assistant to the President and Chief
of Staff, entitled ‘‘Regulatory Freeze
Pending Review.’’ (82 FR 8346 (January
24, 2017)). That memorandum directed
the heads of Executive Departments and
Agencies to temporarily postpone for 60
days from the date of the memorandum
the effective dates of all regulations that
had been published in the Federal
Register but had not yet taken effect.
The memorandum also noted certain
exceptions that do not apply here.
OSHA is therefore delaying the effective
date for the rule entitled ‘‘Occupational
Exposure to Beryllium’’ to March 21,
2017.
The Agency’s implementation of this
action without opportunity for public
comment is based on the good cause
exception in 5 U.S.C. 553(b)(B), in that
seeking public comment is
impracticable, unnecessary and contrary
to the public interest. The temporary
delay in effective date until March 21,
2017, will give Agency officials the
opportunity for review and
consideration of new regulations, as
required by the memorandum of the
Assistant to the President and Chief of
Staff, dated January 20, 2017. Given the
imminence of this effective date,
seeking prior public comment on this
temporary delay would have been
impractical, as well as contrary to the
public interest in the orderly
promulgation and implementation of
regulations. In addition, since the
Occupational Exposure to Beryllium
rule would not have taken effect until
March 10, 2017, as a practical matter the
new effective date for this regulation
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8901
would extend by only 11 days the
original effective date. Thus, the good
cause exception in 5 U.S.C. 553(b)(B)
applies to OSHA’s decision to extend
the effective date of the beryllium rule
without first going through notice and
comment. This extension of the effective
date will not impact the compliance
dates of the Beryllium rule.
In taking this action, the Agency also
invokes the good cause exception in 5
U.S.C. 553(d)(3), which allows the
action to be immediately effective for
‘‘good cause’’ rather than subject to the
requirement in the Administrative
Procedure Act (5 U.S.C. 553(d)) that a
minimum of 30 days is required before
a rule may become effective. The nature
of this action, which is to extend by 11
days a final rule that otherwise becomes
effective on March 10, 2017, makes it
unnecessary and impractical to delay
the effectiveness of this action by 30
days.
Signed at Washington, DC, on January 26,
2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2017–02149 Filed 1–31–17; 8:45 am]
BILLING CODE 4510–26–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
36 CFR Part 1250
[FDMS No. NARA–17–0001; Agency No.
NARA–2017–019]
RIN 3095–AB93
NARA Records Subject to FOIA
National Archives and Records
Administration.
ACTION: Direct final rule.
AGENCY:
We are amending our
Freedom of Information Act (FOIA)
regulations on access to NARA’s
archival holdings and our operational
records to make them consistent with
the FOIA Improvement Act of 2016, and
a few small administrative changes to
remain current. The rule affects
individuals and organizations that file
FOIA requests for access to NARA
operational records and archival
holdings.
SUMMARY:
This rule is effective on March 3,
2017 without further notice, unless we
receive adverse written comment by
February 21, 2017. If we receive such
comments, we will withdraw the rule.
FOR FURTHER INFORMATION CONTACT:
Kimberly Keravuori, by telephone at
301–837–3151, by email at regulation_
DATES:
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8902
Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Rules and Regulations
comments@nara.gov, or by mail at
Kimberly Keravuori, External Policy
Program Manager; Strategy Division
(MP), Suite 4100; NARA; 8601 Adelphi
Road; College Park, MD 20740–6001.
SUPPLEMENTARY INFORMATION: We are
revising our FOIA regulations to make
them consistent with the FOIA
Improvement Act of 2016 (Pub. L. 114–
185) and to keep them up to date with
small administrative changes. The
revisions include: (a) Changing the
appeal period from 60 to 90 calendar
days; (b) clarifying access procedures to
records of NARA’s Office of Inspector
General; (c) clarifying procedures for
sending in FOIA requests; (d) deleting
language that civilian personnel records
transfer 62 years after date of separation
from Federal service because not all
civilian personnel folders are permanent
and some thus do not transfer; (e)
changing the General Records Schedule
(GRS) number from 14 to 4.2 to reflect
GRS revisions; (f) updating references
from ‘‘twentieth-century’’ records to
‘‘twentieth- and twenty-first-century’’
records; and (g) reflecting the Office of
Government Information Services’
expanded role in the process.
Regulatory Review Information
This rule is not a significant
regulatory action for the purposes of
E.O. 12866 and has been reviewed by
the Office of Management and Budget
(OMB). It is also not a major rule as
defined in 5 U.S.C. Chapter 8,
Congressional Review of Agency
Rulemaking. As required by the
Regulatory Flexibility Act, we certify
that this rule will not have a significant
impact on a substantial number of small
entities. It only clarifies the alreadyexisting processes by which individuals
or entities request access to NARA
records, and updates them to reflect
changes in Federal requirements to
make access easier.
This rule is effective upon publication
for good cause as permitted by the
Administrative Procedure Act (5 U.S.C.
553(d)(3)). NARA believes a public
comment period is unnecessary as this
rule implements statutory requirements
and makes only minor updates. This
rule also does not have any Federalism
implications.
pmangrum on DSK3GDR082PROD with RULES
List of Subjects in 36 CFR Part 1250
Administrative practice and
procedure, Archives and records,
Confidential business information,
Freedom of information, Information,
Records, Reporting and recordkeeping
requirements.
For the reasons stated in the
preamble, the National Archives and
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15:00 Jan 31, 2017
Jkt 241001
Records Administration amends 36 CFR
part 1250 as follows:
PART 1250—NARA RECORDS
SUBJECT TO FOIA
1. Revise the authority to read as
follows:
■
Authority: 44 U.S.C. 2104(a) and 2204
(3)(c)(1); 5 U.S.C. 552; Public Law 114–185;
E.O. 13526; E.O. 12600; 52 FR 23781; 3 CFR,
1987 Comp., p. 235.
2. In § 1250.8, revise paragraphs (a),
(b) introductory text, and (b)(1) to read
as follows:
■
§ 1250.8 Does NARA provide access under
FOIA to all the executive branch records
housed at NARA facilities?
(a) NARA provides access under FOIA
to the records NARA creates
(operational records) and records
originating in the executive branch that
have been transferred to the legal
custody of the Archivist of the United
States (archival records). The NARA
Office of Inspector General (OIG) is an
independent unit within NARA that
controls access under FOIA to the
operational records that OIG creates.
NARA OIG handles FOIA requests it
receives separately and independently
from FOIA requests to NARA.
(b) NARA’s National Personnel
Records Center (NPRC), located in St.
Louis, Missouri, is the repository for
twentieth- and twenty-first-century
personnel and medical records of former
members of the military and personnel
records of former civilian employees of
the Federal Government.
(1) Those official personnel and
medical files that have been transferred
to NARA’s legal custody are processed
by NARA according to this part, at
§§ 1250.20 through 1250.32.
*
*
*
*
*
§ 1250.14
[Amended]
3. In § 1250.14, remove ‘‘General
Records Schedule 14’’ and add in its
place ‘‘General Records Schedule 4.2.’’
■ 4. In § 1250.20, revise the introductory
text to read as follows:
■
§ 1250.20
request?
What do I include in my FOIA
In your FOIA request, which must be
submitted in writing:
*
*
*
*
*
§ 1250.22
[Amended]
5. § 1250.22(a), amend the table by
removing the heading ‘‘Mail/submit
request to or call:’’ and add in its place
the heading, ‘‘Mail or email request to:’’.
■ 6. In § 1250.26, revise paragraph (h) to
read as follows:
■
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§ 1250.26 How does NARA process my
FOIA request?
*
*
*
*
*
(h) Complex processing schedule. If
NARA needs to extend the deadline for
more than an additional 10 working
days due to the complexity of a request
or as a result of unusual circumstances,
we ask if you wish to modify your
request so that we can answer the
request sooner. If you do not wish to
modify your request, we work with you
to arrange an alternative schedule for
review and release. We will also notify
you that the Office of Government
Information Services (OGIS) is available
to provide dispute resolution services,
and how to contact them.
*
*
*
*
*
■ 7. In § 1250.30, revise paragraph (b) to
read as follows:
§ 1250.30
request?
How does NARA respond to my
*
*
*
*
*
(b) If we deny any part of your
request, our response will explain the
reasons for the denial, which FOIA
exemptions apply to withhold records,
your right to appeal that determination,
and your right to seek dispute resolution
services from the FOIA Public Liaison
or OGIS.
*
*
*
*
*
■ 8. In § 1250.32, revise paragraph (a) to
read as follows:
§ 1250.32 How may I request assistance
with the FOIA process?
(a) For assistance at any point in the
FOIA process, you may contact the
NARA FOIA Public Liaison. That
individual is responsible for assisting
you to reduce delays, increase
transparency and understanding of the
status of requests, and resolve any FOIA
disputes. You can find a list of our FOIA
Public Liaisons at https://
www.archives.gov/foia/contacts.html.
*
*
*
*
*
■ 9. In § 1250.72, revise paragraphs (a)
introductory text and (b)
§ 1250.72
How do I file an appeal?
(a) You may submit your appeal via
mail or electronically. All appeals must
be in writing and received by NARA
within 90 calendar days from the date
of our determination letter.
*
*
*
*
*
(b) In your appeal correspondence,
clearly identify NARA’s initial
determination letter (including the
assigned request number, if known)
from which you are appealing. Please
explain why you believe our response
does not meet the requirements of the
FOIA, including why we should release
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Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Rules and Regulations
the records, grant your fee waiver
request, or expedite the processing of
your request. If we were not able to find
the records you wanted, explain why
you believe NARA’s search was
inadequate. If we denied you access to
records and told you that those records
were not subject to FOIA, please explain
why you believe the records are subject
to FOIA.
■ 10. In § 1250.74, revise paragraphs (a)
introductory text, (a)(2) and (c)
introductory text to read as follows:
§ 1250.74
appeals?
How does NARA process
(a) We respond to your appeal within
20 working days after the appeal official
designated in 36 CFR 1250.72(a)(1)(i)
and (ii) receives it. NARA has adopted
the practice of generally handling
backlogged appeals on a first-in, firstout basis.
*
*
*
*
*
(2) In the event you decide to file a
FOIA lawsuit, NARA will
administratively close your request.
*
*
*
*
*
(c) We also inform you that OGIS
offers dispute resolution services to
resolve disputes between FOIA
requesters and Federal agencies as a
non-exclusive alternative to litigation.
Dispute resolution is a voluntary
process. If we agree to participate in the
dispute resolution services provided by
OGIS, we will actively engage as a
partner to the process in an attempt to
resolve the dispute. You may contact
OGIS in any of the following ways:
*
*
*
*
*
Dated: January 3, 2017.
David S. Ferriero,
Archivist of the United States.
and revising its rules regarding
presentation of evidence in Commission
proceedings.
DATES: Effective January 26, 2017, the
effective date for the final rule
published December 22, 2016, at 81 FR
93831, and corrected on January 3,
2017, at 82 FR 46, is delayed until April
3, 2017.
FOR FURTHER INFORMATION CONTACT:
Rachel E. Dickon, Assistant Secretary,
Federal Maritime Commission, 800
North Capitol Street NW., Washington,
DC 20573–0001, Phone: (202) 523–5725,
Email: secretary@fmc.gov.
SUPPLEMENTARY INFORMATION: The
Commission has determined to delay
the effective date of the final rule
regarding its Rules of Practice and
Procedure until 60 days from the date of
this publication.
By the Commission.
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2017–02072 Filed 1–26–17; 4:15 pm]
BILLING CODE 6731–AA–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 380, 383, and 384
[FMCSA–2007–27748]
RIN 2126–AB66
Minimum Training Requirements for
Entry-Level Commercial Motor Vehicle
Operators
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule; delay of effective
date.
AGENCY:
[FR Doc. 2017–00329 Filed 1–31–17; 8:45 am]
BILLING CODE 7515–01–P
AGENCY:
In accordance with the
Presidential directive as expressed in
the memorandum of January 20, 2017,
from the Assistant to the President and
Chief of Staff, entitled ‘‘Regulatory
Freeze Pending Review,’’ this action
temporarily delays until March 21,
2017, the effective date of the final rule
titled ‘‘Minimum Training
Requirements for Entry-Level
Commercial Motor Vehicle Operators,’’
initially effective February 6, 2017, is
delayed.
ACTION:
DATES:
SUMMARY:
FEDERAL MARITIME COMMISSION
46 CFR Part 502
[Docket No. 16–08]
RIN 3072–AC64
pmangrum on DSK3GDR082PROD with RULES
Rules of Practice and Procedure;
Presentation of Evidence in
Commission Proceedings
Federal Maritime Commission.
Final rule, delay of effective
date.
The Federal Maritime
Commission is temporarily delaying the
effective date of its December 22, 2016
final rule reorganizing several subparts
of its Rules of Practice and Procedure
SUMMARY:
VerDate Sep<11>2014
15:00 Jan 31, 2017
Jkt 241001
The effective date of the final
rule published on December 8, 2016 (81
FR 88732), is delayed until March 21,
2017.
FMCSA, 1200 New Jersey Ave. SE.,
Washington, DC 20590–0001, by
telephone at 202–366–4325, or by email
at MCPSD@dot.gov.
FMCSA
bases this action on the Presidential
directive as expressed in the
memorandum of January 20, 2017, from
the Assistant to the President and Chief
of Staff, entitled ‘‘Regulatory Freeze
Pending Review.’’ That memorandum
directed the heads of Executive
Departments and Agencies to
temporarily postpone for 60 days from
the date of the memorandum the
effective dates of certain regulations that
had been published in the Federal
Register, but had not yet taken effect.
Because the original effective date of the
final rule published on December 8,
2016, falls within that 60-day window,
the effective date of the rule is delayed
until March 21, 2017.
The Agency’s implementation of this
action without opportunity for public
comment is based on the good cause
exceptions in 5 U.S.C. 553(b)(B) and
553(d)(3), in that seeking public
comment is impracticable, unnecessary
and contrary to the public interest. The
temporary delay in the effective date
until March 21, 2017, is necessary to
give Agency officials the opportunity for
further review and consideration of this
new regulation, consistent with the
memorandum of the Assistant to the
President and Chief of Staff, dated
January 20, 2017. Given the imminence
of the effective date of the ‘‘Minimum
Training Requirements for Entry-Level
Commercial Motor Vehicle Operators’’
final rule, seeking prior public comment
on this temporary delay would have
been impractical, as well as contrary to
the public interest in the orderly
promulgation and implementation of
regulations.
The Agency may consider delaying
the effective date of the above
referenced regulation beyond March 21,
2017, consistent with the memorandum
of the Assistant to the President and
Chief of Staff.
SUPPLEMENTARY INFORMATION:
Issued under the authority of delegation in
49 CFR 1.87 on: January 27, 2017.
John Van Steenburg,
Chief Safety Officer.
[FR Doc. 2017–02150 Filed 1–31–17; 8:45 am]
BILLING CODE 4910–EX–P
Mr.
Richard Clemente, Driver and Carrier
Operations (MC–PSD) Division,
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
[Rules and Regulations]
[Pages 8901-8903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00329]
=======================================================================
-----------------------------------------------------------------------
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1250
[FDMS No. NARA-17-0001; Agency No. NARA-2017-019]
RIN 3095-AB93
NARA Records Subject to FOIA
AGENCY: National Archives and Records Administration.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending our Freedom of Information Act (FOIA)
regulations on access to NARA's archival holdings and our operational
records to make them consistent with the FOIA Improvement Act of 2016,
and a few small administrative changes to remain current. The rule
affects individuals and organizations that file FOIA requests for
access to NARA operational records and archival holdings.
DATES: This rule is effective on March 3, 2017 without further notice,
unless we receive adverse written comment by February 21, 2017. If we
receive such comments, we will withdraw the rule.
FOR FURTHER INFORMATION CONTACT: Kimberly Keravuori, by telephone at
301-837-3151, by email at regulation_
[[Page 8902]]
comments@nara.gov, or by mail at Kimberly Keravuori, External Policy
Program Manager; Strategy Division (MP), Suite 4100; NARA; 8601 Adelphi
Road; College Park, MD 20740-6001.
SUPPLEMENTARY INFORMATION: We are revising our FOIA regulations to make
them consistent with the FOIA Improvement Act of 2016 (Pub. L. 114-185)
and to keep them up to date with small administrative changes. The
revisions include: (a) Changing the appeal period from 60 to 90
calendar days; (b) clarifying access procedures to records of NARA's
Office of Inspector General; (c) clarifying procedures for sending in
FOIA requests; (d) deleting language that civilian personnel records
transfer 62 years after date of separation from Federal service because
not all civilian personnel folders are permanent and some thus do not
transfer; (e) changing the General Records Schedule (GRS) number from
14 to 4.2 to reflect GRS revisions; (f) updating references from
``twentieth-century'' records to ``twentieth- and twenty-first-
century'' records; and (g) reflecting the Office of Government
Information Services' expanded role in the process.
Regulatory Review Information
This rule is not a significant regulatory action for the purposes
of E.O. 12866 and has been reviewed by the Office of Management and
Budget (OMB). It is also not a major rule as defined in 5 U.S.C.
Chapter 8, Congressional Review of Agency Rulemaking. As required by
the Regulatory Flexibility Act, we certify that this rule will not have
a significant impact on a substantial number of small entities. It only
clarifies the already-existing processes by which individuals or
entities request access to NARA records, and updates them to reflect
changes in Federal requirements to make access easier.
This rule is effective upon publication for good cause as permitted
by the Administrative Procedure Act (5 U.S.C. 553(d)(3)). NARA believes
a public comment period is unnecessary as this rule implements
statutory requirements and makes only minor updates. This rule also
does not have any Federalism implications.
List of Subjects in 36 CFR Part 1250
Administrative practice and procedure, Archives and records,
Confidential business information, Freedom of information, Information,
Records, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, the National Archives and
Records Administration amends 36 CFR part 1250 as follows:
PART 1250--NARA RECORDS SUBJECT TO FOIA
0
1. Revise the authority to read as follows:
Authority: 44 U.S.C. 2104(a) and 2204 (3)(c)(1); 5 U.S.C. 552;
Public Law 114-185; E.O. 13526; E.O. 12600; 52 FR 23781; 3 CFR, 1987
Comp., p. 235.
0
2. In Sec. 1250.8, revise paragraphs (a), (b) introductory text, and
(b)(1) to read as follows:
Sec. 1250.8 Does NARA provide access under FOIA to all the executive
branch records housed at NARA facilities?
(a) NARA provides access under FOIA to the records NARA creates
(operational records) and records originating in the executive branch
that have been transferred to the legal custody of the Archivist of the
United States (archival records). The NARA Office of Inspector General
(OIG) is an independent unit within NARA that controls access under
FOIA to the operational records that OIG creates. NARA OIG handles FOIA
requests it receives separately and independently from FOIA requests to
NARA.
(b) NARA's National Personnel Records Center (NPRC), located in St.
Louis, Missouri, is the repository for twentieth- and twenty-first-
century personnel and medical records of former members of the military
and personnel records of former civilian employees of the Federal
Government.
(1) Those official personnel and medical files that have been
transferred to NARA's legal custody are processed by NARA according to
this part, at Sec. Sec. 1250.20 through 1250.32.
* * * * *
Sec. 1250.14 [Amended]
0
3. In Sec. 1250.14, remove ``General Records Schedule 14'' and add in
its place ``General Records Schedule 4.2.''
0
4. In Sec. 1250.20, revise the introductory text to read as follows:
Sec. 1250.20 What do I include in my FOIA request?
In your FOIA request, which must be submitted in writing:
* * * * *
Sec. 1250.22 [Amended]
0
5. Sec. 1250.22(a), amend the table by removing the heading ``Mail/
submit request to or call:'' and add in its place the heading, ``Mail
or email request to:''.
0
6. In Sec. 1250.26, revise paragraph (h) to read as follows:
Sec. 1250.26 How does NARA process my FOIA request?
* * * * *
(h) Complex processing schedule. If NARA needs to extend the
deadline for more than an additional 10 working days due to the
complexity of a request or as a result of unusual circumstances, we ask
if you wish to modify your request so that we can answer the request
sooner. If you do not wish to modify your request, we work with you to
arrange an alternative schedule for review and release. We will also
notify you that the Office of Government Information Services (OGIS) is
available to provide dispute resolution services, and how to contact
them.
* * * * *
0
7. In Sec. 1250.30, revise paragraph (b) to read as follows:
Sec. 1250.30 How does NARA respond to my request?
* * * * *
(b) If we deny any part of your request, our response will explain
the reasons for the denial, which FOIA exemptions apply to withhold
records, your right to appeal that determination, and your right to
seek dispute resolution services from the FOIA Public Liaison or OGIS.
* * * * *
0
8. In Sec. 1250.32, revise paragraph (a) to read as follows:
Sec. 1250.32 How may I request assistance with the FOIA process?
(a) For assistance at any point in the FOIA process, you may
contact the NARA FOIA Public Liaison. That individual is responsible
for assisting you to reduce delays, increase transparency and
understanding of the status of requests, and resolve any FOIA disputes.
You can find a list of our FOIA Public Liaisons at https://www.archives.gov/foia/contacts.html.
* * * * *
0
9. In Sec. 1250.72, revise paragraphs (a) introductory text and (b)
Sec. 1250.72 How do I file an appeal?
(a) You may submit your appeal via mail or electronically. All
appeals must be in writing and received by NARA within 90 calendar days
from the date of our determination letter.
* * * * *
(b) In your appeal correspondence, clearly identify NARA's initial
determination letter (including the assigned request number, if known)
from which you are appealing. Please explain why you believe our
response does not meet the requirements of the FOIA, including why we
should release
[[Page 8903]]
the records, grant your fee waiver request, or expedite the processing
of your request. If we were not able to find the records you wanted,
explain why you believe NARA's search was inadequate. If we denied you
access to records and told you that those records were not subject to
FOIA, please explain why you believe the records are subject to FOIA.
0
10. In Sec. 1250.74, revise paragraphs (a) introductory text, (a)(2)
and (c) introductory text to read as follows:
Sec. 1250.74 How does NARA process appeals?
(a) We respond to your appeal within 20 working days after the
appeal official designated in 36 CFR 1250.72(a)(1)(i) and (ii) receives
it. NARA has adopted the practice of generally handling backlogged
appeals on a first-in, first-out basis.
* * * * *
(2) In the event you decide to file a FOIA lawsuit, NARA will
administratively close your request.
* * * * *
(c) We also inform you that OGIS offers dispute resolution services
to resolve disputes between FOIA requesters and Federal agencies as a
non-exclusive alternative to litigation. Dispute resolution is a
voluntary process. If we agree to participate in the dispute resolution
services provided by OGIS, we will actively engage as a partner to the
process in an attempt to resolve the dispute. You may contact OGIS in
any of the following ways:
* * * * *
Dated: January 3, 2017.
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2017-00329 Filed 1-31-17; 8:45 am]
BILLING CODE 7515-01-P
