Freedom of Information Act Regulations, 43209-43211 [E7-14818]
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Federal Register / Vol. 72, No. 149 / Friday, August 3, 2007 / Proposed Rules
(2) Threatening or placing the victim
in fear that the victim, or any other
person, will be harmed;
(3) Rendering the victim unconscious
and thereby engaging in conduct of a
sexual nature with the victim;
(4) Administering to the victim, by
force or threat of force, or without the
knowledge or permission of the victim,
a drug, intoxicant, or other similar
substance, and thereby substantially
impairing the ability of the victim to
appraise or control conduct;
(5) Engaging in such conduct with a
victim who is incapable of appraising
the nature of the conduct, or physically
or mentally incapable of declining
participation in, or communicating
unwillingness to engage in, that
conduct; or
(b) Engaging in any conduct of a
sexual nature with another person with
knowledge of having tested positive for
the human immunodeficiency virus
(HIV), or other potentially lifethreatening sexually-transmissible
disease, without the informed consent
of the other person to be potentially
exposed to that sexually transmissible
disease.
§ 549.73
Definition of ‘‘child molestation.’’
For purposes of this subpart, ‘‘child
molestation’’ includes any unlawful
conduct of a sexual nature with, or
sexual exploitation of, a person under
the age of 18 years.
§ 549.74 Definition of ‘‘sexually dangerous
to others.’’
For purposes of this subpart,
‘‘sexually dangerous to others’’ means
that a person suffers from a serious
mental illness, abnormality, or disorder
as a result of which he or she would
have serious difficulty in refraining
from sexually violent conduct or child
molestation if released.
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§ 549.75 Determining ‘‘serious difficulty in
refraining from sexually violent conduct or
child molestation if released.’’
In determining whether a person will
have ‘‘serious difficulty in refraining
from sexually violent conduct or child
molestation if released,’’ Bureau, or
Bureau-contracted, mental health
professionals may consider, but are not
limited to, evidence:
(a) Of the person’s repeated contact,
or attempted contact, with one or more
victims;
(b) Of the person’s denial of or
inability to appreciate the wrongfulness,
harmfulness, or likely consequences of
engaging or attempting to engage in
sexually violent conduct or child
molestation;
(c) Established through interviewing
and testing of the person, or other risk
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assessment tools, that are relied upon by
mental health professionals;
(d) Established by forensic indicators
of inability to control conduct, such as:
(1) Offending while under
supervision;
(2) Engaging in offense(s) when likely
to get caught;
(3) Statement(s) of intent to re-offend;
or
(4) Admission of inability to control
behavior; or
(e) Indicating successful completion
of, or failure to successfully complete, a
sex offender treatment program.
[FR Doc. E7–14943 Filed 8–2–07; 8:45 am]
BILLING CODE 4410–05–P
FEDERAL MEDIATION AND
CONCILIATION SERVICE
29 CFR Part 1401
RIN 3076–AA06
Freedom of Information Act
Regulations
Federal Mediation and
Conciliation Service.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Federal Mediation and
Conciliation Service (FMCS) proposes to
amend its rules under the Freedom of
Information Act (FOIA) primarily to
effectuate various provisions under the
1996 Electronic FOIA Amendments.
Previously, FMCS had issued a
proposed rule on November 3, 1999. 64
FR 59697, Nov. 3, 1999. FMCS received
no comments when the proposed rule
was published in 1999. FMCS is now
withdrawing that proposed rule and
issuing a new revised proposed rule.
The proposed revisions include a new
response time for FOIA requests,
procedures for requesting expedited
processing, the availability of certain
public information on FMCS’s Web site,
and express inclusion of electronic
records and automated searches along
with paper records and manual
searches. In addition, FMCS’s proposed
amendments would update its fee
schedule. FMCS is also updating the
names and addresses of the various
offices within the agency responsible for
FOIA related activities.
DATES: Written comments must be
submitted to the office listed in the
addresses section below on or before
October 2, 2007.
ADDRESSES: Send comments to Michael
J. Bartlett, Office of the General Counsel,
Federal Mediation and Conciliation
Service, 2100 K Street, NW.,
Washington, DC 20427.
PO 00000
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43209
FOR FURTHER INFORMATION CONTACT:
Michael J. Bartlett, (202) 606–3737.
SUPPLEMENTARY INFORMATION: In this
rulemaking, FMCS proposes to amend
its regulations at 29 CFR part 1401,
subpart B under FOIA, 5 U.S.C. 552.
The primary focus of these proposed
amendments is to effectuate for this
Agency various provisions under the
1996 Electronic FOIA Amendments,
Public Law No. 104–231. Significant
new provisions implementing the
amendments are found at § 1401.21(a)
(electronic reading room), (d)
(pamphlets distribution), (e) (records
disposition), § 1401.22 (deletion
marking), § 1401.34(a), (b), (c), (d)
(timing of responses), § 1401.34(d)
(volume estimation), § 1401.36 (a)
(definitions), (b) (fee schedules, lack of
fees, fee waivers).
Proposed revisions to the FMCS fee
schedule can be found at § 1401.36(b)(1)
(i), (ii), (iv), (3)(v). The duplication
charge will remain the same at twenty
cents per page, while document search
and review charges will increase to
$4.00 per each quarter hour or portion
thereof for clerical time and $10.00 per
each quarter hour or portion thereof for
professional time. The amount at or
below which the Service will not charge
a fee will decrease from $50.00 to
$14.00.
Sections such as § 1401.32,
§ 1401.34(d), § 1401.35,
§ 1401.36(b)(2)(ii) are being revised to
reflect minor language or organizational
name changes within FMCS. Sections
1401.24 and 1401.37 are being removed
because they are neither required by
Law nor necessary to interpret the law.
List of Subjects in 29 CFR Part 1401,
Subpart B
Administrative practice and
procedure, Freedom of information.
For the reasons stated in the
preamble, FMCS proposes to amend 29
CFR part 1401, Subpart B as follows:
PART 1401—PUBLIC INFORMATION
1. The authority citation for part 1401,
Subpart B continues to read as follows:
Authority: Sec. 202, 61 Stat. 136, as
amended; 5 U.S.C. 552.
2. Revise § 1401.20 to read as follows:
§ 1401.20
Purpose and scope.
This subpart contains the regulations
of the Federal Mediation and
Conciliation Service providing for
public access to information under the
Freedom of Information Act, 5 U.S.C.
552. It is the policy of the FMCS to
disseminate information on matters of
interest to the public and to disclose
upon request information contained in
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Federal Register / Vol. 72, No. 149 / Friday, August 3, 2007 / Proposed Rules
agency records insofar as such
disclosure is compatible with the
discharge of its responsibilities and the
principle of confidentiality and
neutrality of dispute resolution by third
party neutrals.
3. Amend § 1401.21 by revising
paragraphs (c), (d) and (e) to read as
follows:
§ 1401.21
Information policy.
*
*
*
*
*
(c) FMCS maintains a public reading
room that contains the records required
by the FOIA to be made readily
available for public inspection and
copying. FMCS shall maintain and make
available for public inspection and
copying a current subject-matter index
of its reading room records. Each index
shall be updated regularly, at least
quarterly, with respect to newly
included records. FMCS shall also make
reading room records created on or after
November 1, 1996, available
electronically through FMCS’s World
Wide Web Site (which can be found at
https://www.fmcs.gov).
(d) Records or documents prepared by
FMCS for routine public distribution,
e.g., pamphlets and brochures, will be
furnished upon request to Office of the
Director of Public Affairs, Federal
Mediation and Conciliation Service,
2100 K Street, NW., Washington, DC
20427, as long as the supply lasts. The
provisions of § 1401.36 (fees) are not
applicable to such requests except when
the supply of such material is exhausted
and it is necessary to reproduce
individual copies upon specific request.
(e) All existing FMCS records are
subject to disposition according to
agency record retention schedules and
General Records Schedules promulgated
by the National Archives and Records
Administration.
4. Revise § 1401.22 to read as follows:
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§ 1401.22
Partial disclosure of records.
(a) If a record contains both
disclosable and nondisclosable
information, the nondisclosable
information will be deleted and the
remaining record will be disclosed
unless the two are so inextricably
intertwined that it is not possible to
separate them.
(b) Records disclosed in part shall be
marked or annotated to show both the
amount and the location of the
information deleted and the applicable
exemption.
§ 1401.24
[Removed]
5. Remove § 1401.24
6. Revise § 1401.31 as follows:
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§ 1401.31
Filing a request for records.
(a) Any person who desires to inspect
or copy an Agency record should submit
a written request to the Office of the
General Counsel, Federal Mediation and
Conciliation Service, 2100 K Street,
NW., Washington, DC 20427. The
envelope [or cover sheet] should be
marked ‘‘Freedom of Information Act
request.’’ Electronic mail requests
should be sent to foia@fmcs.gov.
(b) Each request should reasonably
describe the records being sought, so
that the records requested may be
located and identified. If the description
is insufficient to locate the requested
records, the officer processing the
request will notify the requester and ask
for additional information.
§ 1401.32
[Amended]
7. Amend § 1401.32 by removing the
words ‘‘Legal Services Office’’ in
paragraphs (a) and (b) and by adding in
their place the words ‘‘Office of the
General Counsel.’’
8. Amend § 1401.34 as follows:
A. Revise paragraph (a) and paragraph
(b) introductory text.
B. Remove paragraphs (b)(3) and (4).
C. Revise paragraph (c).
D. Remove the paragraph designation
(b) in the last paragraph of the section
and redesignate that paragraph as
paragraph (d).
E. Amend newly redesignated
paragraph (d) by Removing the term
‘‘Deputy Director’’ and adding the term
‘‘Chief of Staff’’ in its place.
F. Add paragraphs (e) and (f) to read
as follows:
§ 1401.34
Time for processing requests.
(a) All time limitations established
pursuant to this section shall begin as of
the time a request for records is received
by the Office of the General Counsel.
(b) The officer or employee
responsible for responding to the
request shall, within twenty (20)
working days following receipt of the
request, respond in writing to the
requester, determining whether, or the
extent to which, the Agency shall
comply with the request.
(1) * * *
(2) * * *
(c) Where the time limits for
processing a request cannot be met
because of unusual circumstances and
FMCS determines to extend the time
limit on that basis, FMCS will, as soon
as practicable, notify the requester in
writing of the unusual circumstances
and the date by which the processing
can be expected to be completed. Where
the extension is for more than 10
working days, FMCS will provide the
requester with an opportunity either to
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modify the request so that it may be
processed within the time limits or to
arrange an alternative time period for
processing the request or a modified
request. If FMCS reasonably believes
that multiple requests submitted by a
requester, or by a group of requesters
acting in concert, constitute a single
request that would otherwise involve
unusual circumstances, and the requests
involve clearly related matters, they
may be aggregated.
(d) If any request for records is denied
in whole or in part, the response
required by paragraph (b) of this section
shall notify the requester of the denial.
Such denial shall specify the reason and
also advise that the denial may be
appealed to the Office of the Chief of
Staff of the Agency as specified in
§ 1401.35. In addition, such denial shall
include an estimate of the volume of
records or information withheld, in
numbers of pages or in some other
reasonable form of estimation. This
estimate does not need to be provided
if the volume is otherwise indicated
through deletions on records disclosed
in part, or if providing an estimate
would harm an interest protected by an
applicable estimation.
(e) FMCS offices may use two or more
processing tracks by distinguishing
between simple and more complex
requests based on the amount of work
and or time needed to process the
request. A person making a request that
does not qualify for the fastest
multitrack processing should be given
an opportunity to limit the scope of the
request in order to qualify for faster
processing.
(f) Requests and appeals will be taken
out of order and given expedited
processing in cases where the requester
demonstrates a compelling need.
(1) Compelling need means:
(i) Circumstances in which failure to
obtain copies of the 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
(ii) An urgency to inform the public
about an actual or alleged Federal
Government activity, if the request is
made by a person primarily engaged in
disseminating information.
(2) A requester seeking expedited
processing should so indicate in the
initial request, and should state all the
facts supporting the need to obtain the
requested records quickly. The requester
must also certify in writing that these
facts are true and correct to the best of
the requester’s knowledge and belief.
(3) Within 10 calendar days of its
receipt of a request for expedited
processing, FMCS will notify the
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Federal Register / Vol. 72, No. 149 / Friday, August 3, 2007 / Proposed Rules
requester of its decision. If a request for
expedited treatment is granted, the
request shall be given priority and shall
be processed as soon as practicable. If a
request for expedited processing is
denied, any appeal of that decision will
be acted on expeditiously.
§ 1401.35
[Amended].
9. Amend § 1401.35 by removing the
term ‘‘Deputy Director’’ wherever it
appears in paragraphs (a), (b), and (c)
and by adding the term ‘‘Chief of Staff’’
in its place.
10. Amend § 1401.36 as follows:
A. Remove the word ‘‘the’’ between
‘‘forgoing’’ and ‘‘scheduling’’ and add
the words ‘‘other than those related to
arbitration’’ between ‘‘services’’ and
‘‘which’’ in § 1401.36(b)(2)(i).
B. Revise paragraphs (a)(2), (3) and
(4), (b)(1)(i), (ii), (iv), (b)(2)(ii), (b)(3)(v)
and (b)(4) as follows:
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§ 1401.36 Freedom of Information Act fee
schedules.
(a) * * *
(2) Search means the process of
looking for and retrieving records or
information responsive to a request. It
includes page-by-page or line-by-line
identification of information within
records and also includes reasonable
efforts to locate and retrieve information
from records maintained in electronic
form or format.
(3) Duplication refers to the process of
making a copy of a document necessary
to respond to a FOIA request. Copies
may be in various forms including
machine-readable documentation (e.g.
magnetic tape or disk) among others. A
requester’s specified preference of form
or format of disclosure will be honored
if the record is readily reproducible
with reasonable efforts in the requested
form or format.
(4) Review refers to the process of
examining documents located in
response to a request that is for
commercial use, to determine whether a
document or any portion of any
document located is permitted to be
withheld. It includes processing any
documents for disclosure to the
requester, e.g., doing all that is
necessary to excise them or otherwise
prepare them for release. It does not
include time spent resolving general
legal or policy issues regarding the
applicability of particular exemptions or
reviewing on appeal exemptions that are
applied. However, records or portions
withheld in full under an exemption
that is subsequently determined not to
apply may be reviewed again to
determine the applicability of other
exemptions not previously considered.
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16:54 Aug 02, 2007
Jkt 211001
The costs for such a subsequent review
is assessable.
*
*
*
*
*
(b) Fee schedules and waivers.
*
*
*
*
*
(1) * * *
(i) Clerical time. For each one-quarter
hour or portion thereof of clerical time,
$4.00.
(ii) Professional time. For each onequarter hour or portion thereof of
profession time, $10.00.
(iii) * * *
(iv) Computer time. For computer
searches of records, requestors will be
charged the direct costs of conducting
the search (as provided in paragraph
(b)(3)(i)), although certain requestors
will be charged no search fee (as
provided in paragraph (b)(3)(ii) and
(iii)), and certain other requestors will
be entitled to the cost equivalent of two
hours of manual search time without
charge (as provided in paragraph
(b)(3)(iv)). These direct costs will
include the cost of operating a central
processing unit for that portion of
operating time that is directly
attributable to the searching for
responsive records, as well as the costs
of operator/programmer salary
attributable to the search. Computer
time expressed in fractions of minutes
will be rounded to the next whole
minute.
*
*
*
*
*
(2) * * *
(ii) For those matters coming within
the scope of this regulation, the FMCS
will look to the provisions of the
guidance published by in the Office of
Management and Budget’s Uniform Fee
Schedule and Guidelines (available at
https://www.whitehouse.gov/omb/
inforeg/infopoltech.html) and the
Department of Justice Attorney
General’s Memorandum on the 1986
Amendments to the Freedom of
Information Act (available at https://
www.usdoj.gov/04foia/04_7.html) for
making such interpretations as
necessary.
(3) * * *
(v) In no event shall fees be charged
when the total charges are less than
$14.00, which is the Agency cost of
collecting and processing the fee itself.
If the request is expected to involve an
assessed fee in excess of $14.00, the
response shall specify or estimate the
fee involved before the records are made
available.
(4) Waiver or reduction of charge. A
fee waiver must be requested at the
same time that a request for records is
made. The requester should provide an
explanation of why the waiver is
appropriate. If the request for a waiver
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43211
or reduction is denied, the denial may
be appealed to FMCS’ Chief of Staff. In
the appeal letter, the requester should
discuss whatever reasons are given in
the denial letter. Documents may be
furnished without charge or at reduced
levels if FMCS determines that
disclosure of the information is in the
public interest; that is, because it is
likely to contribute significantly to
public understanding of the operations
or activities of the Government and is
not primarily in the commercial interest
of the requester.
*
*
*
*
*
§ 1401.37
[Removed]
11. Remove § 1401.37.
Dated: July 26, 2007.
Michael J. Bartlett,
Deputy General Counsel.
[FR Doc. E7–14818 Filed 8–2–07; 8:45 am]
BILLING CODE 6732–01–P
ARCHITECTURAL AND
TRANSPORTATION BARRIERS
COMPLIANCE BOARD
36 CFR Parts 1193 and 1194
Telecommunications Act Accessibility
Guidelines; Electronic and Information
Technology Accessibility Standards
Architectural and
Transportation Barriers Compliance
Board.
ACTION: Notice of meeting.
AGENCY:
SUMMARY: The Architectural and
Transportation Barriers Compliance
Board (Access Board) has established a
Telecommunications and Electronic and
Information Technology Advisory
Committee (Committee) to assist it in
revising and updating accessibility
guidelines for telecommunications
products and accessibility standards for
electronic and information technology.
This notice announces the dates, times,
and location of two upcoming
conference calls.
DATES: The conference calls are
scheduled for August 21 and August 28,
2007 (beginning at 1 p.m. and ending at
3 p.m. Eastern time each day).
ADDRESSES: Individuals can participate
in the conference calls by dialing into
the teleconference numbers which will
be posted on the Access Board’s Web
site at: https://www.access-board.gov/
sec508/update-index.htm. Individuals
may also participate in the conference
calls at the Access Board’s offices at
1331 F Street, NW., suite 1000,
Washington, DC 20004–1111.
E:\FR\FM\03AUP1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 149 (Friday, August 3, 2007)]
[Proposed Rules]
[Pages 43209-43211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14818]
=======================================================================
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FEDERAL MEDIATION AND CONCILIATION SERVICE
29 CFR Part 1401
RIN 3076-AA06
Freedom of Information Act Regulations
AGENCY: Federal Mediation and Conciliation Service.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Federal Mediation and Conciliation Service (FMCS) proposes
to amend its rules under the Freedom of Information Act (FOIA)
primarily to effectuate various provisions under the 1996 Electronic
FOIA Amendments. Previously, FMCS had issued a proposed rule on
November 3, 1999. 64 FR 59697, Nov. 3, 1999. FMCS received no comments
when the proposed rule was published in 1999. FMCS is now withdrawing
that proposed rule and issuing a new revised proposed rule. The
proposed revisions include a new response time for FOIA requests,
procedures for requesting expedited processing, the availability of
certain public information on FMCS's Web site, and express inclusion of
electronic records and automated searches along with paper records and
manual searches. In addition, FMCS's proposed amendments would update
its fee schedule. FMCS is also updating the names and addresses of the
various offices within the agency responsible for FOIA related
activities.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before October 2, 2007.
ADDRESSES: Send comments to Michael J. Bartlett, Office of the General
Counsel, Federal Mediation and Conciliation Service, 2100 K Street,
NW., Washington, DC 20427.
FOR FURTHER INFORMATION CONTACT: Michael J. Bartlett, (202) 606-3737.
SUPPLEMENTARY INFORMATION: In this rulemaking, FMCS proposes to amend
its regulations at 29 CFR part 1401, subpart B under FOIA, 5 U.S.C.
552. The primary focus of these proposed amendments is to effectuate
for this Agency various provisions under the 1996 Electronic FOIA
Amendments, Public Law No. 104-231. Significant new provisions
implementing the amendments are found at Sec. 1401.21(a) (electronic
reading room), (d) (pamphlets distribution), (e) (records disposition),
Sec. 1401.22 (deletion marking), Sec. 1401.34(a), (b), (c), (d)
(timing of responses), Sec. 1401.34(d) (volume estimation), Sec.
1401.36 (a) (definitions), (b) (fee schedules, lack of fees, fee
waivers).
Proposed revisions to the FMCS fee schedule can be found at Sec.
1401.36(b)(1) (i), (ii), (iv), (3)(v). The duplication charge will
remain the same at twenty cents per page, while document search and
review charges will increase to $4.00 per each quarter hour or portion
thereof for clerical time and $10.00 per each quarter hour or portion
thereof for professional time. The amount at or below which the Service
will not charge a fee will decrease from $50.00 to $14.00.
Sections such as Sec. 1401.32, Sec. 1401.34(d), Sec. 1401.35,
Sec. 1401.36(b)(2)(ii) are being revised to reflect minor language or
organizational name changes within FMCS. Sections 1401.24 and 1401.37
are being removed because they are neither required by Law nor
necessary to interpret the law.
List of Subjects in 29 CFR Part 1401, Subpart B
Administrative practice and procedure, Freedom of information.
For the reasons stated in the preamble, FMCS proposes to amend 29
CFR part 1401, Subpart B as follows:
PART 1401--PUBLIC INFORMATION
1. The authority citation for part 1401, Subpart B continues to
read as follows:
Authority: Sec. 202, 61 Stat. 136, as amended; 5 U.S.C. 552.
2. Revise Sec. 1401.20 to read as follows:
Sec. 1401.20 Purpose and scope.
This subpart contains the regulations of the Federal Mediation and
Conciliation Service providing for public access to information under
the Freedom of Information Act, 5 U.S.C. 552. It is the policy of the
FMCS to disseminate information on matters of interest to the public
and to disclose upon request information contained in
[[Page 43210]]
agency records insofar as such disclosure is compatible with the
discharge of its responsibilities and the principle of confidentiality
and neutrality of dispute resolution by third party neutrals.
3. Amend Sec. 1401.21 by revising paragraphs (c), (d) and (e) to
read as follows:
Sec. 1401.21 Information policy.
* * * * *
(c) FMCS maintains a public reading room that contains the records
required by the FOIA to be made readily available for public inspection
and copying. FMCS shall maintain and make available for public
inspection and copying a current subject-matter index of its reading
room records. Each index shall be updated regularly, at least
quarterly, with respect to newly included records. FMCS shall also make
reading room records created on or after November 1, 1996, available
electronically through FMCS's World Wide Web Site (which can be found
at https://www.fmcs.gov).
(d) Records or documents prepared by FMCS for routine public
distribution, e.g., pamphlets and brochures, will be furnished upon
request to Office of the Director of Public Affairs, Federal Mediation
and Conciliation Service, 2100 K Street, NW., Washington, DC 20427, as
long as the supply lasts. The provisions of Sec. 1401.36 (fees) are
not applicable to such requests except when the supply of such material
is exhausted and it is necessary to reproduce individual copies upon
specific request.
(e) All existing FMCS records are subject to disposition according
to agency record retention schedules and General Records Schedules
promulgated by the National Archives and Records Administration.
4. Revise Sec. 1401.22 to read as follows:
Sec. 1401.22 Partial disclosure of records.
(a) If a record contains both disclosable and nondisclosable
information, the nondisclosable information will be deleted and the
remaining record will be disclosed unless the two are so inextricably
intertwined that it is not possible to separate them.
(b) Records disclosed in part shall be marked or annotated to show
both the amount and the location of the information deleted and the
applicable exemption.
Sec. 1401.24 [Removed]
5. Remove Sec. 1401.24
6. Revise Sec. 1401.31 as follows:
Sec. 1401.31 Filing a request for records.
(a) Any person who desires to inspect or copy an Agency record
should submit a written request to the Office of the General Counsel,
Federal Mediation and Conciliation Service, 2100 K Street, NW.,
Washington, DC 20427. The envelope [or cover sheet] should be marked
``Freedom of Information Act request.'' Electronic mail requests should
be sent to foia@fmcs.gov.
(b) Each request should reasonably describe the records being
sought, so that the records requested may be located and identified. If
the description is insufficient to locate the requested records, the
officer processing the request will notify the requester and ask for
additional information.
Sec. 1401.32 [Amended]
7. Amend Sec. 1401.32 by removing the words ``Legal Services
Office'' in paragraphs (a) and (b) and by adding in their place the
words ``Office of the General Counsel.''
8. Amend Sec. 1401.34 as follows:
A. Revise paragraph (a) and paragraph (b) introductory text.
B. Remove paragraphs (b)(3) and (4).
C. Revise paragraph (c).
D. Remove the paragraph designation (b) in the last paragraph of
the section and redesignate that paragraph as paragraph (d).
E. Amend newly redesignated paragraph (d) by Removing the term
``Deputy Director'' and adding the term ``Chief of Staff'' in its
place.
F. Add paragraphs (e) and (f) to read as follows:
Sec. 1401.34 Time for processing requests.
(a) All time limitations established pursuant to this section shall
begin as of the time a request for records is received by the Office of
the General Counsel.
(b) The officer or employee responsible for responding to the
request shall, within twenty (20) working days following receipt of the
request, respond in writing to the requester, determining whether, or
the extent to which, the Agency shall comply with the request.
(1) * * *
(2) * * *
(c) Where the time limits for processing a request cannot be met
because of unusual circumstances and FMCS determines to extend the time
limit on that basis, FMCS will, as soon as practicable, notify the
requester in writing of the unusual circumstances and the date by which
the processing can be expected to be completed. Where the extension is
for more than 10 working days, FMCS will provide the requester with an
opportunity either to modify the request so that it may be processed
within the time limits or to arrange an alternative time period for
processing the request or a modified request. If FMCS reasonably
believes that multiple requests submitted by a requester, or by a group
of requesters acting in concert, constitute a single request that would
otherwise involve unusual circumstances, and the requests involve
clearly related matters, they may be aggregated.
(d) If any request for records is denied in whole or in part, the
response required by paragraph (b) of this section shall notify the
requester of the denial. Such denial shall specify the reason and also
advise that the denial may be appealed to the Office of the Chief of
Staff of the Agency as specified in Sec. 1401.35. In addition, such
denial shall include an estimate of the volume of records or
information withheld, in numbers of pages or in some other reasonable
form of estimation. This estimate does not need to be provided if the
volume is otherwise indicated through deletions on records disclosed in
part, or if providing an estimate would harm an interest protected by
an applicable estimation.
(e) FMCS offices may use two or more processing tracks by
distinguishing between simple and more complex requests based on the
amount of work and or time needed to process the request. A person
making a request that does not qualify for the fastest multitrack
processing should be given an opportunity to limit the scope of the
request in order to qualify for faster processing.
(f) Requests and appeals will be taken out of order and given
expedited processing in cases where the requester demonstrates a
compelling need.
(1) Compelling need means:
(i) Circumstances in which failure to obtain copies of the
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
(ii) An urgency to inform the public about an actual or alleged
Federal Government activity, if the request is made by a person
primarily engaged in disseminating information.
(2) A requester seeking expedited processing should so indicate in
the initial request, and should state all the facts supporting the need
to obtain the requested records quickly. The requester must also
certify in writing that these facts are true and correct to the best of
the requester's knowledge and belief.
(3) Within 10 calendar days of its receipt of a request for
expedited processing, FMCS will notify the
[[Page 43211]]
requester of its decision. If a request for expedited treatment is
granted, the request shall be given priority and shall be processed as
soon as practicable. If a request for expedited processing is denied,
any appeal of that decision will be acted on expeditiously.
Sec. 1401.35 [Amended].
9. Amend Sec. 1401.35 by removing the term ``Deputy Director''
wherever it appears in paragraphs (a), (b), and (c) and by adding the
term ``Chief of Staff'' in its place.
10. Amend Sec. 1401.36 as follows:
A. Remove the word ``the'' between ``forgoing'' and ``scheduling''
and add the words ``other than those related to arbitration'' between
``services'' and ``which'' in Sec. 1401.36(b)(2)(i).
B. Revise paragraphs (a)(2), (3) and (4), (b)(1)(i), (ii), (iv),
(b)(2)(ii), (b)(3)(v) and (b)(4) as follows:
Sec. 1401.36 Freedom of Information Act fee schedules.
(a) * * *
(2) Search means the process of looking for and retrieving records
or information responsive to a request. It includes page-by-page or
line-by-line identification of information within records and also
includes reasonable efforts to locate and retrieve information from
records maintained in electronic form or format.
(3) Duplication refers to the process of making a copy of a
document necessary to respond to a FOIA request. Copies may be in
various forms including machine-readable documentation (e.g. magnetic
tape or disk) among others. A requester's specified preference of form
or format of disclosure will be honored if the record is readily
reproducible with reasonable efforts in the requested form or format.
(4) Review refers to the process of examining documents located in
response to a request that is for commercial use, to determine whether
a document or any portion of any document located is permitted to be
withheld. It includes processing any documents for disclosure to the
requester, e.g., doing all that is necessary to excise them or
otherwise prepare them for release. It does not include time spent
resolving general legal or policy issues regarding the applicability of
particular exemptions or reviewing on appeal exemptions that are
applied. However, records or portions withheld in full under an
exemption that is subsequently determined not to apply may be reviewed
again to determine the applicability of other exemptions not previously
considered. The costs for such a subsequent review is assessable.
* * * * *
(b) Fee schedules and waivers.
* * * * *
(1) * * *
(i) Clerical time. For each one-quarter hour or portion thereof of
clerical time, $4.00.
(ii) Professional time. For each one-quarter hour or portion
thereof of profession time, $10.00.
(iii) * * *
(iv) Computer time. For computer searches of records, requestors
will be charged the direct costs of conducting the search (as provided
in paragraph (b)(3)(i)), although certain requestors will be charged no
search fee (as provided in paragraph (b)(3)(ii) and (iii)), and certain
other requestors will be entitled to the cost equivalent of two hours
of manual search time without charge (as provided in paragraph
(b)(3)(iv)). These direct costs will include the cost of operating a
central processing unit for that portion of operating time that is
directly attributable to the searching for responsive records, as well
as the costs of operator/programmer salary attributable to the search.
Computer time expressed in fractions of minutes will be rounded to the
next whole minute.
* * * * *
(2) * * *
(ii) For those matters coming within the scope of this regulation,
the FMCS will look to the provisions of the guidance published by in
the Office of Management and Budget's Uniform Fee Schedule and
Guidelines (available at https://www.whitehouse.gov/omb/inforeg/
infopoltech.html) and the Department of Justice Attorney General's
Memorandum on the 1986 Amendments to the Freedom of Information Act
(available at https://www.usdoj.gov/04foia/04_7.html) for making such
interpretations as necessary.
(3) * * *
(v) In no event shall fees be charged when the total charges are
less than $14.00, which is the Agency cost of collecting and processing
the fee itself. If the request is expected to involve an assessed fee
in excess of $14.00, the response shall specify or estimate the fee
involved before the records are made available.
(4) Waiver or reduction of charge. A fee waiver must be requested
at the same time that a request for records is made. The requester
should provide an explanation of why the waiver is appropriate. If the
request for a waiver or reduction is denied, the denial may be appealed
to FMCS' Chief of Staff. In the appeal letter, the requester should
discuss whatever reasons are given in the denial letter. Documents may
be furnished without charge or at reduced levels if FMCS determines
that disclosure of the information is in the public interest; that is,
because it is likely to contribute significantly to public
understanding of the operations or activities of the Government and is
not primarily in the commercial interest of the requester.
* * * * *
Sec. 1401.37 [Removed]
11. Remove Sec. 1401.37.
Dated: July 26, 2007.
Michael J. Bartlett,
Deputy General Counsel.
[FR Doc. E7-14818 Filed 8-2-07; 8:45 am]
BILLING CODE 6732-01-P
