Freedom of Information Act, 8629-8632 [E8-2254]
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Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules
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Low altitude RNAV routes are
published in paragraph 6011 of FAA
Order 7400.9R signed August 15, 2007
and effective September 15, 2007, which
is incorporated by reference in 14 CFR
71.1. The low altitude RNAV routes
listed in this document would be
published subsequently in the Order.
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current.
Therefore, this proposed regulation: (1)
Is not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this proposed rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart I, Section
40103. Under that section, the FAA is
charged with prescribing regulations to
assign the use of the airspace necessary
to ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority as
it establishes RNAV T-Routes in
Southwest Oregon.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 311a, 311b, and 311k. This
airspace action is not expected to cause
any potentially significant
environmental impacts, and no
extraordinary circumstances exist that
warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
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The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9R,
Airspace Designations and Reporting
Points, signed August 15, 2007 and
effective September 15, 2007, is
amended as follows:
Paragraph 6011 Contiguous United
States Area Navigation Routes
*
*
*
*
*
T–274 Newport, OR (OPN) to CRAAF
[New]
Newport, OR (ONP) VORTAC
(Lat. 44°34′31″ N., long. 124°03′38″
W.)
CRAAF Fix
(Lat. 44°45′37″ N., long.
123°21′06″ W.)
*
*
*
*
*
Issued in Washington, DC, on February 7,
2008.
Ellen Crum,
Acting Manager, Airspace and Rules Group.
[FR Doc. E8–2759 Filed 2–13–08; 8:45 am]
BILLING CODE 4910–13–P
EXECUTIVE OFFICE OF THE
PRESIDENT
Office of the United States Trade
Representative
15 CFR Part 2004
Freedom of Information Act
Office of the United States
Trade Representative, Executive Office
of the President.
ACTION: Proposed rule.
AGENCY:
SUMMARY: The Office of the United
States Trade Representative (USTR) is
issuing a proposed rule to update its
Freedom of Information Act regulations.
USTR’s last made changes to its FOIA
regulations in 1975. Since that time the
information relating to USTR has
changed and there have been several
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changes to the Freedom of Information
Act, which needed to be reflected in the
regulations.
DATES: Public comments on this
proposed rule are invited and must be
received on or before Wednesday, April
14, 2008.
ADDRESSES: Comments should be
submitted electronically to Gloria Blue
at FR0804@ustr.eop.gov and should
contain in the subject-line ‘‘Attn:
Freedom of Information Act Rules’’.
FOR FURTHER INFORMATION CONTACT:
David Apol, USTR, telephone (202)
395–9633, Fax (202) 395–3640.
SUPPLEMENTARY INFORMATION: USTR last
made changes to its FOIA regulations in
1975. 40 FR 30934, July 24, 1975. The
current regulations are published at 15
CFR part 2004 and are available on
USTR’s Web site at https://www.ustr.gov.
Since that time, pertinent information
relating to USTR has changed and USTR
has made changes in the way it
implements the FOIA. In addition,
Executive Order 13392 mandated
changes in federal agency FOIA
practices to ensure prompt and effective
response to the public’s requests for
information. 70 FR 75373, Dec. 19,
2005. Finally, Public Law 110–175, the
OPEN Government Act of 2007,
amended the definition of
‘‘representative of the news media’’ and
made other changes to the Freedom of
Information Act.
In response to Executive Order 13392,
USTR created a FOIA plan requiring it
to revise its FOIA regulations and to
improve the efficiency of information
disclosure under the FOIA. The
proposed rule will update USTR’s FOIA
regulations to provide current
information about USTR and will more
accurately reflect its FOIA practices.
Further, the proposed rule will also
bring USTR’s fee structure into
conformity with the Office of
Management and Budget’s (OMB’s)
Uniform Freedom of Information Act
Fee Schedule and Guidelines, 52 FR
10012, Mar. 27, 1987. The proposed rule
also incorporates changes made by the
OPEN Government Act of 2007.
Executive Order 12866
The United States Trade
Representative certifies that the
proposed rule is not significant for
purposes of Executive Order 12866, 58
FR 51735, Oct. 4, 1993. Therefore, OMB
has not reviewed the proposed rule
under that Executive Order.
Regulatory Flexibility Act
The United States Trade
Representative certifies that this
proposed rule is not subject to the
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Regulatory Flexibility Act, 5 U.S.C. 601,
because it will not have a significant
economic impact on a substantial
number of small entities. For this
reason, USTR has not prepared a
Regulatory Flexibility Statement and
Analysis.
Paperwork Reduction Act
The United States Trade
Representative certifies that the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq., does not apply because the
proposed rule does not seek to collect
information. Therefore, it does not
require OMB approval.
For the reasons stated in the
preamble, USTR proposes to revise 15
CFR Part 2004 as follows:
advise and assist the President,
represent the United States in
international trade negotiations, and
provide policy guidance to federal
agencies on international trade matters.
The United States Trade Representative,
a cabinet officer, serves as a Vice
Chairman of the Overseas Private
Investment Corporation, a Board
member of the Millennium Challenge
Corporation, a non-voting member of
the Export-Import Bank, and a member
of the National Advisory Council on
International Monetary and Financial
Policies.
§ 2004.3
Organization.
USTR’s main office is located in
Washington, DC. It also maintains a
mission in Geneva, Switzerland.
PART 2004—FREEDOM OF
INFORMATION POLICIES AND
PROCEDURES
Procedures
Organization
USTR’s publicly accessible records
are available through USTR’s public
reading room or its Web site. USTR also
provides records to individual
requesters in response to FOIA requests.
USTR generally withholds
predecisional, deliberative documents
and classified trade negotiating and
policy documents under 5 U.S.C. 552(b).
Sec.
2004.1
2004.2
2004.3
§ 2004.4
In general.
Authority and functions.
Organization.
Procedures
2004.4 Availability of records.
2004.5 Accessing records without request.
2004.6 Requesting records.
Costs
2004.7 Definitions.
2004.8 Fees in general.
2004.9 Fees for categories of requesters.
2004.10 Other charges.
2004.11 Payment and waiver.
Authority: 5 U.S.C. 552; Uniform Freedom
of Information Act Fee Schedule and
Guidelines, 52 FR 10012, Mar. 27, 1987.
Organization
§ 2004.1
In general.
This information is furnished for the
guidance of the public and in
compliance with the requirements of the
Freedom of Information Act, 5 U.S.C.
552, as amended (FOIA). This regulation
should be read in conjunction with the
FOIA.
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§ 2004.2
Authority and functions.
The Office of the United States Trade
Representative (USTR) negotiates
directly with foreign governments to
conclude trade agreements, resolve
trade disputes, and participate in global
trade policy organizations. USTR
consults with governments, business
groups, legislators, and public interest
groups to obtain their views on trade
issues and explain the President’s trade
policy positions. The general functions
of USTR, as provided by statute, are to
develop and coordinate international
trade and direct investment policy,
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Availability of records.
§ 2004.5 Accessing records without
request.
(a) Public reading room. USTR
maintains and makes available for
public inspection and copying USTR
records pertaining to matters within the
scope of 5 U.S.C. 552(a)(2), as amended.
Most records in USTR’s public reading
room comprise responses to Federal
Register notices that USTR has issued.
USTR’s public reading room is located
at 1724 F Street, NW., Washington, DC.
Access to the reading room is by
appointment only. Contact USTR’s
FOIA Officer at (202) 395–6186 to set up
an appointment.
(b) Electronic resources. Certain USTR
records, including press releases and
other public issuances, are available
electronically from USTR’s homepage at
https://www.ustr.gov. USTR encourages
requesters to visit its Web site before
making a request for records under
§ 2004.6.
§ 2004.6
Requesting records.
(a) Written requests required. For
records not available as described under
§ 2004.5, requesters wishing to obtain
information from USTR must submit a
written request to USTR’s FOIA Officer.
Requests should be addressed to FOIA
Officer, Office of the United States
Trade Representative, 600 17th Street
NW., Washington, DC 20508. As there
may be delays in mail delivery, it is
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advisable to send request via facsimile
to (202) 395–9458.
(b) Contents of requests. Requests
shall be as specific as possible and shall
reasonably describe the records sought
so that the records can be located with
a reasonable amount of effort. The
request should identify the desired
record or reasonably describe it and
should include information such as the
date, title or name, author, recipient,
and subject matter of the record.
(c) Response to requests—(1)
Processing. The FOIA Officer shall
ordinarily determine within 20 days
(except Saturdays, Sundays, and federal
holidays) after receiving a request for
records, whether it is appropriate to
grant or deny the request. The 20-day
period may be tolled one time if the
FOIA Officer requests information from
the requestor or if additional time is
necessary to clarify issues with the
requestor regarding a fee assessment.
(i) Request granted. If the FOIA
Officer decides to grant the request, the
FOIA Officer shall promptly provide the
requester written notice of the decision.
The FOIA Officer shall normally
include with the notice both the
requested records and a copy of the
decision.
(ii) Request denied. If the FOIA
Officer denies the request, in full or
part, the FOIA Officer shall provide the
requester written notice of the denial
together with the approximate number
of pages of information withheld and
the exemption under which the
information was withheld. The notice
shall also describe the procedure for
filing an appeal.
(2)(i) Expedited processing. At the
time a requester submits an initial
request for records the requester may
ask the FOIA Officer in writing to
expedite processing of the request. The
request for expedited processing must
be accompanied by a written statement,
true and correct to the best of the
requester’s knowledge and belief,
explaining why expedited processing is
warranted. The FOIA Officer shall
generally grant requests for expedited
processing of requests for records, and
appeals of denials under paragraph
(d)(2) of this section, whenever the
FOIA Officer determines that:
(A) Failure to obtain the requested
records on an expedited basis could
reasonably pose an imminent threat to
a person’s life or physical safety; or
(B) With respect to a request made by
a person primarily engaged in
disseminating information, there is an
urgency to inform the public about
government activity that is the specific
subject of the FOIA request.
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(ii) The FOIA Officer shall ordinarily
decide within ten days after receiving a
request for expedited processing
whether to grant it and shall notify the
requester of the decision. If the FOIA
Officer grants a request for expedited
processing, the FOIA Officer shall
process the request as soon as
practicable. If the FOIA Officer denies a
request for expedited processing, USTR
shall act expeditiously on any appeal of
the denial.
(3) Extension for unusual
circumstances—(i) In general. If the
FOIA Officer determines that unusual
circumstances exist, the FOIA Officer
may extend for no more than ten days
(except Saturdays, Sundays, and federal
holidays) the time limits described in
paragraph (1) of this section by
providing written notice of the
extension to the requester. The FOIA
Officer shall include with the notice a
brief statement of the reason for the
extension and the date the FOIA Officer
expects to make the determination.
(ii) Additional procedures. The FOIA
Officer shall provide written notice to
the requester if the FOIA Officer decides
that the determination cannot be made
within the time limit described in
subparagraph (i). The notice shall afford
the requester an opportunity to limit the
scope of the request to the extent
necessary for the FOIA Officer to
process it within that time limit or an
opportunity to arrange a longer period
for processing the request.
(d) Appeals—(1) Initiating appeals.
Requesters not satisfied with the FOIA
Officer’s written decision may request
USTR’s FOIA Appeals Committee to
review the decision. Appeals must be
delivered in writing within 60 days of
the date of the decision and shall be
addressed to the FOIA Appeals
Committee, Office of the United States
Trade Representative, 600 17th Street,
NW., Washington, DC 20508. As there
may be delays in mail delivery, it is
advisable to FAX appeals to (202) 395–
9458. An appeal shall include a
statement specifying the records that are
the subject of the appeal and explaining
why the Committee should sustain the
appeal.
(2) Appeal decisions. The Committee
shall ordinarily decide the appeal
within 20 working days from the date it
receives the appeal. If the Committee
denies the appeal in full or part, the
Committee shall promptly notify the
requester in writing of the Committee’s
decision and the provisions for judicial
review. If the Committee sustains the
appeal, the FOIA Officer shall notify the
requester in writing and shall make
available to the requester copies of the
releasable records once the requester
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pays any fees that USTR assesses under
§§ 2004.8 through 2004.10.
Costs
§ 2004.7
Definitions.
For purposes of these regulations:
(a) ‘‘Commercial use request’’ means a
request from or on behalf of a person
who seeks information for a use or
purpose that furthers the requester’s or
other person’s commercial, trade, or
profit interests.
(b) ‘‘Direct costs’’ means those costs
incurred in searching for and
duplicating (and, in the case of
commercial use requests, reviewing)
documents to respond to a FOIA
request. Direct costs include, for
example, salaries of employees who
perform the work and costs of
conducting large-scale computer
searches.
(c) ‘‘Duplicate’’ means to copy records
to respond to a FOIA request. Copies
can take the form of paper, audio-visual
materials, or electronic records, among
others.
(d) ‘‘Educational institution’’ means a
preschool, a public or private
elementary or secondary school, an
institution of graduate higher education,
an institution of undergraduate higher
education, an institution of professional
education, and an institution of
vocational education, that operates a
program or programs of scholarly
research.
(e) ‘‘Non-commercial scientific
institution’’ means an institution that is
not operated on a commercial basis and
that operates solely for the purpose of
conducting scientific research the
results of which are not intended to
promote any particular product or
industry.
(f) ‘‘Representative of the news
media’’ means any person or entity that
gathers information of potential interest
to a segment of the public, uses its
editorial skills to turn the raw materials
into a distinct work, and distributes that
work to an audience.
(g) ‘‘Review’’ means to examine a
record to determine whether any
portion of the record may be withheld
and to process a record for disclosure,
including by redacting it.
(h) ‘‘Search for’’ means look for and
retrieve records covered by a FOIA
request, including by looking page-bypage or line-by-line to identify
responsive material within individual
records.
§ 2004.8
Fees in general.
USTR shall charge fees that recoup
the full allowable direct costs it incurs
in responding to FOIA requests. USTR
may assess charges for time spent
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searching for records even if USTR fails
to locate the records or if the records are
located and determined to be exempt
from disclosure. In general, USTR shall
apply the following fee schedule,
subject to §§ 2004.9 through 2004.11:
(a) Manual searches. Time devoted to
manual searches shall be charged on the
basis of the salary of the employee(s)
conducting the search (basic hourly
rate(s) of pay for the employee(s), plus
16 percent).
(b) Electronic searches. Fees shall
reflect the direct cost of conducting the
search. This will include the cost of
operating the central processing unit for
that portion of operating time that is
directly attributable to searching for and
printing records responsive to the FOIA
request and operator/programmer salary
attributable to the search.
(c) Record reviews. Time devoted to
reviewing records shall be charged on
the same basis as under paragraph (a) of
this section, but shall only be applicable
to the initial review of records located
in response to commercial use requests.
(d) Duplication. Fees for copying
paper records or for printing electronic
records shall be assessed at a rate of $.15
per page. For other types of copies such
as disks or audio visual tapes, USTR
shall charge the direct cost of producing
the document(s). If duplication charges
are expected to exceed $25, the FOIA
Officer shall notify the requester, unless
the requester has indicated in advance
a willingness to pay fees as high as
those anticipated. If a requester wishes
to limit costs, the FOIA Officer shall
provide the requester an opportunity to
reformulate the request in order to
reduce costs. If the requester
reformulates a request, it shall be
considered a new request and the 20day period described in § 2004.6(c)(1)
shall be deemed to begin when the
FOIA Officer receives the request.
(e) Advance payments required. The
FOIA Officer may require a requester to
make an advance deposit of up to the
amount of the entire anticipated fee
before the FOIA Officer begins to
process the request if:
(1) The FOIA Officer estimates that
the fee will exceed $250; or
(2) The requester has previously failed
to pay a fee in a timely fashion.
When the FOIA Officer requires a
requester to make an advance payment,
the 20-day period described in
§ 2004.6(c)(1) shall begin when the
FOIA Officer receives the payment.
(f) No assessment of fee. USTR shall
not charge a fee to any requester if:
(1) The cost of collecting the fee
would be equal to or greater than the fee
itself; or
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(2) After December 31, 2008, USTR
fails to comply with any time limit
under the Freedom of Information Act
for responding to a request for records
where no unusual or exceptional
circumstances apply.
§ 2004.9
Fees for categories of requesters.
USTR shall assess fees for certain
categories of requesters as follows:
(a) Commercial use requesters. In
responding to commercial use requests,
USTR shall assess fees that recover the
full direct costs of searching for,
reviewing, and duplicating records.
(b) Educational institutions. USTR
shall provide records to requesters in
this category for the cost of duplication
alone, excluding charges for the first 100
pages. To qualify for inclusion in this
fee category, a requester must show that
the request is authorized by and is made
under the auspices of a qualifying
institution and that the records are
sought to further scholarly research, not
an individual goal.
(c) Representatives of the news media.
USTR shall provide records to
requesters in this category for the cost
of duplication alone, excluding charges
for the first 100 pages.
(d) All other requesters. USTR shall
charge requesters who do not fall within
paragraphs (a) through (c) of this section
fees that recover the full direct cost of
searching for and duplicating records,
excluding charges for the first 100 pages
of reproduction and the first two hours
of search time.
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§ 2004.10
Other charges.
USTR may apply other charges,
including the following:
(a) Special charges. USTR shall
recover the full cost of providing special
services, such as sending records by
express mail, to the extent that USTR
elects to provide them.
(b) Interest charges. USTR may begin
assessing interest charges on an unpaid
bill starting on the 31st day following
the day on which the FOIA Officer sent
the billing. Interest shall be charged at
the rate prescribed in 31 U.S.C. 3717
and will accrue from the date of billing.
(c) Aggregating requests. When the
FOIA Officer reasonably believes that a
requester or a group of requesters acting
in concert is attempting to divide a
request into a series of requests for the
purpose of avoiding fees, the FOIA
Officer shall aggregate those requests
and charge accordingly.
§ 2004.11
Payment and waiver.
(a) Remittances. Payment shall be
made in the form of check or money
order made payable to the Treasury of
the United States. At the time the FOIA
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Officer notifies a requester of the
applicable fees, the Officer shall inform
the requester of where to send the
payment.
(b) Waiver. USTR may waive all or
part of any fee provided for in §§ 2004.8
through 2004.9 when the FOIA Officer
deems that disclosure of the information
is in the general public’s interest
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. In
determining whether a fee should be
waived, the FOIA Officer may consider
whether:
(1) The subject matter specifically
concerns identifiable operations or
activities of the government;
(2) The information is already in the
public domain;
(3) Disclosure of the information
would contribute to the understanding
of the public-at-large as opposed to a
narrow segment of the population;
(4) Disclosure of the information
would significantly enhance the
public’s understanding of the subject
matter;
(5) Disclosure of the information
would further a commercial interest of
the requester; and
(6) The public’s interest is greater
than any commercial interest of the
requester.
Dated: January 31, 2008.
Ambassador Susan C. Schwab,
United States Trade Representative.
[FR Doc. E8–2254 Filed 2–13–08; 8:45 am]
BILLING CODE 3190–W8–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 702
[REG–149475–07]
RIN 1545–BH36
Payments From the Presidential
Primary Matching Payment Account
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
by cross-reference to temporary
regulations.
AGENCY:
SUMMARY: In the Rules and Regulations
section of this issue of the Federal
Register, the IRS is issuing temporary
regulations under Part 702, Presidential
Primary Matching Payment Account, of
title 26 of the CFR, relating to the
financing of presidential primary
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campaigns. The temporary regulations
amend Treasury procedures for making
payments from the Presidential Primary
Matching Payment Account (Primary
Account) to eligible primary candidates.
The text of those regulations also serves
as the text for these proposed
regulations.
DATES: Written or electronic comments
and requests for a public hearing must
be received by May 14, 2008.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–149475–07), room
5203, Internal Revenue Service, PO Box
7604, Ben Franklin Station, Washington,
DC 20044. Submissions may be hand
delivered Monday through Friday
between the hours of 8 a.m. and 4 p.m.
to CC:PA:LPD:PR (REG–149475–07),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC. Alternatively,
taxpayers may submit comments
electronically via the Federal
eRulemaking Portal at
www.regulations.gov (IRS REG–149475–
07).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Karla M. Meola, (202) 622–4930 (not a
toll-free number); concerning the
submission of comments and/or to
request a public hearing,
Oluwafunmilayo Taylor of the
Publications and Regulation Branch at
(202) 622–7180 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background and Explanation of
Provisions
Temporary regulations in the Rules
and Regulations section of this issue of
the Federal Register amend 26 CFR part
702 relating to section 9037 of the
Internal Revenue Code (Code). The
temporary regulations authorize the
Treasury Department to devise
procedures that ensure payments from
the Primary Account are made promptly
to eligible primary candidates. The text
of the temporary regulations also serves
as the text for these proposed
regulations. The preamble to the
temporary regulations explains the
amendment.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
in Executive Order 12866. Therefore, a
regulatory assessment is not required. It
has also been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations, and because the
regulation does not impose a collection
of information on small entities, the
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]]>Agencies
[Federal Register Volume 73, Number 31 (Thursday, February 14, 2008)]
[Proposed Rules]
[Pages 8629-8632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2254]
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EXECUTIVE OFFICE OF THE PRESIDENT
Office of the United States Trade Representative
15 CFR Part 2004
Freedom of Information Act
AGENCY: Office of the United States Trade Representative, Executive
Office of the President.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Office of the United States Trade Representative (USTR) is
issuing a proposed rule to update its Freedom of Information Act
regulations. USTR's last made changes to its FOIA regulations in 1975.
Since that time the information relating to USTR has changed and there
have been several changes to the Freedom of Information Act, which
needed to be reflected in the regulations.
DATES: Public comments on this proposed rule are invited and must be
received on or before Wednesday, April 14, 2008.
ADDRESSES: Comments should be submitted electronically to Gloria Blue
at FR0804@ustr.eop.gov and should contain in the subject-line ``Attn:
Freedom of Information Act Rules''.
FOR FURTHER INFORMATION CONTACT: David Apol, USTR, telephone (202) 395-
9633, Fax (202) 395-3640.
SUPPLEMENTARY INFORMATION: USTR last made changes to its FOIA
regulations in 1975. 40 FR 30934, July 24, 1975. The current
regulations are published at 15 CFR part 2004 and are available on
USTR's Web site at https://www.ustr.gov.
Since that time, pertinent information relating to USTR has changed
and USTR has made changes in the way it implements the FOIA. In
addition, Executive Order 13392 mandated changes in federal agency FOIA
practices to ensure prompt and effective response to the public's
requests for information. 70 FR 75373, Dec. 19, 2005. Finally, Public
Law 110-175, the OPEN Government Act of 2007, amended the definition of
``representative of the news media'' and made other changes to the
Freedom of Information Act.
In response to Executive Order 13392, USTR created a FOIA plan
requiring it to revise its FOIA regulations and to improve the
efficiency of information disclosure under the FOIA. The proposed rule
will update USTR's FOIA regulations to provide current information
about USTR and will more accurately reflect its FOIA practices.
Further, the proposed rule will also bring USTR's fee structure into
conformity with the Office of Management and Budget's (OMB's) Uniform
Freedom of Information Act Fee Schedule and Guidelines, 52 FR 10012,
Mar. 27, 1987. The proposed rule also incorporates changes made by the
OPEN Government Act of 2007.
Executive Order 12866
The United States Trade Representative certifies that the proposed
rule is not significant for purposes of Executive Order 12866, 58 FR
51735, Oct. 4, 1993. Therefore, OMB has not reviewed the proposed rule
under that Executive Order.
Regulatory Flexibility Act
The United States Trade Representative certifies that this proposed
rule is not subject to the
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Regulatory Flexibility Act, 5 U.S.C. 601, because it will not have a
significant economic impact on a substantial number of small entities.
For this reason, USTR has not prepared a Regulatory Flexibility
Statement and Analysis.
Paperwork Reduction Act
The United States Trade Representative certifies that the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq., does not apply because the
proposed rule does not seek to collect information. Therefore, it does
not require OMB approval.
For the reasons stated in the preamble, USTR proposes to revise 15
CFR Part 2004 as follows:
PART 2004--FREEDOM OF INFORMATION POLICIES AND PROCEDURES
Organization
Sec.
2004.1 In general.
2004.2 Authority and functions.
2004.3 Organization.
Procedures
2004.4 Availability of records.
2004.5 Accessing records without request.
2004.6 Requesting records.
Costs
2004.7 Definitions.
2004.8 Fees in general.
2004.9 Fees for categories of requesters.
2004.10 Other charges.
2004.11 Payment and waiver.
Authority: 5 U.S.C. 552; Uniform Freedom of Information Act Fee
Schedule and Guidelines, 52 FR 10012, Mar. 27, 1987.
Organization
Sec. 2004.1 In general.
This information is furnished for the guidance of the public and in
compliance with the requirements of the Freedom of Information Act, 5
U.S.C. 552, as amended (FOIA). This regulation should be read in
conjunction with the FOIA.
Sec. 2004.2 Authority and functions.
The Office of the United States Trade Representative (USTR)
negotiates directly with foreign governments to conclude trade
agreements, resolve trade disputes, and participate in global trade
policy organizations. USTR consults with governments, business groups,
legislators, and public interest groups to obtain their views on trade
issues and explain the President's trade policy positions. The general
functions of USTR, as provided by statute, are to develop and
coordinate international trade and direct investment policy, advise and
assist the President, represent the United States in international
trade negotiations, and provide policy guidance to federal agencies on
international trade matters. The United States Trade Representative, a
cabinet officer, serves as a Vice Chairman of the Overseas Private
Investment Corporation, a Board member of the Millennium Challenge
Corporation, a non-voting member of the Export-Import Bank, and a
member of the National Advisory Council on International Monetary and
Financial Policies.
Sec. 2004.3 Organization.
USTR's main office is located in Washington, DC. It also maintains
a mission in Geneva, Switzerland.
Procedures
Sec. 2004.4 Availability of records.
USTR's publicly accessible records are available through USTR's
public reading room or its Web site. USTR also provides records to
individual requesters in response to FOIA requests. USTR generally
withholds predecisional, deliberative documents and classified trade
negotiating and policy documents under 5 U.S.C. 552(b).
Sec. 2004.5 Accessing records without request.
(a) Public reading room. USTR maintains and makes available for
public inspection and copying USTR records pertaining to matters within
the scope of 5 U.S.C. 552(a)(2), as amended. Most records in USTR's
public reading room comprise responses to Federal Register notices that
USTR has issued. USTR's public reading room is located at 1724 F
Street, NW., Washington, DC. Access to the reading room is by
appointment only. Contact USTR's FOIA Officer at (202) 395-6186 to set
up an appointment.
(b) Electronic resources. Certain USTR records, including press
releases and other public issuances, are available electronically from
USTR's homepage at https://www.ustr.gov. USTR encourages requesters to
visit its Web site before making a request for records under Sec.
2004.6.
Sec. 2004.6 Requesting records.
(a) Written requests required. For records not available as
described under Sec. 2004.5, requesters wishing to obtain information
from USTR must submit a written request to USTR's FOIA Officer.
Requests should be addressed to FOIA Officer, Office of the United
States Trade Representative, 600 17th Street NW., Washington, DC 20508.
As there may be delays in mail delivery, it is advisable to send
request via facsimile to (202) 395-9458.
(b) Contents of requests. Requests shall be as specific as possible
and shall reasonably describe the records sought so that the records
can be located with a reasonable amount of effort. The request should
identify the desired record or reasonably describe it and should
include information such as the date, title or name, author, recipient,
and subject matter of the record.
(c) Response to requests--(1) Processing. The FOIA Officer shall
ordinarily determine within 20 days (except Saturdays, Sundays, and
federal holidays) after receiving a request for records, whether it is
appropriate to grant or deny the request. The 20-day period may be
tolled one time if the FOIA Officer requests information from the
requestor or if additional time is necessary to clarify issues with the
requestor regarding a fee assessment.
(i) Request granted. If the FOIA Officer decides to grant the
request, the FOIA Officer shall promptly provide the requester written
notice of the decision. The FOIA Officer shall normally include with
the notice both the requested records and a copy of the decision.
(ii) Request denied. If the FOIA Officer denies the request, in
full or part, the FOIA Officer shall provide the requester written
notice of the denial together with the approximate number of pages of
information withheld and the exemption under which the information was
withheld. The notice shall also describe the procedure for filing an
appeal.
(2)(i) Expedited processing. At the time a requester submits an
initial request for records the requester may ask the FOIA Officer in
writing to expedite processing of the request. The request for
expedited processing must be accompanied by a written statement, true
and correct to the best of the requester's knowledge and belief,
explaining why expedited processing is warranted. The FOIA Officer
shall generally grant requests for expedited processing of requests for
records, and appeals of denials under paragraph (d)(2) of this section,
whenever the FOIA Officer determines that:
(A) Failure to obtain the requested records on an expedited basis
could reasonably pose an imminent threat to a person's life or physical
safety; or
(B) With respect to a request made by a person primarily engaged in
disseminating information, there is an urgency to inform the public
about government activity that is the specific subject of the FOIA
request.
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(ii) The FOIA Officer shall ordinarily decide within ten days after
receiving a request for expedited processing whether to grant it and
shall notify the requester of the decision. If the FOIA Officer grants
a request for expedited processing, the FOIA Officer shall process the
request as soon as practicable. If the FOIA Officer denies a request
for expedited processing, USTR shall act expeditiously on any appeal of
the denial.
(3) Extension for unusual circumstances--(i) In general. If the
FOIA Officer determines that unusual circumstances exist, the FOIA
Officer may extend for no more than ten days (except Saturdays,
Sundays, and federal holidays) the time limits described in paragraph
(1) of this section by providing written notice of the extension to the
requester. The FOIA Officer shall include with the notice a brief
statement of the reason for the extension and the date the FOIA Officer
expects to make the determination.
(ii) Additional procedures. The FOIA Officer shall provide written
notice to the requester if the FOIA Officer decides that the
determination cannot be made within the time limit described in
subparagraph (i). The notice shall afford the requester an opportunity
to limit the scope of the request to the extent necessary for the FOIA
Officer to process it within that time limit or an opportunity to
arrange a longer period for processing the request.
(d) Appeals--(1) Initiating appeals. Requesters not satisfied with
the FOIA Officer's written decision may request USTR's FOIA Appeals
Committee to review the decision. Appeals must be delivered in writing
within 60 days of the date of the decision and shall be addressed to
the FOIA Appeals Committee, Office of the United States Trade
Representative, 600 17th Street, NW., Washington, DC 20508. As there
may be delays in mail delivery, it is advisable to FAX appeals to (202)
395-9458. An appeal shall include a statement specifying the records
that are the subject of the appeal and explaining why the Committee
should sustain the appeal.
(2) Appeal decisions. The Committee shall ordinarily decide the
appeal within 20 working days from the date it receives the appeal. If
the Committee denies the appeal in full or part, the Committee shall
promptly notify the requester in writing of the Committee's decision
and the provisions for judicial review. If the Committee sustains the
appeal, the FOIA Officer shall notify the requester in writing and
shall make available to the requester copies of the releasable records
once the requester pays any fees that USTR assesses under Sec. Sec.
2004.8 through 2004.10.
Costs
Sec. 2004.7 Definitions.
For purposes of these regulations:
(a) ``Commercial use request'' means a request from or on behalf of
a person who seeks information for a use or purpose that furthers the
requester's or other person's commercial, trade, or profit interests.
(b) ``Direct costs'' means those costs incurred in searching for
and duplicating (and, in the case of commercial use requests,
reviewing) documents to respond to a FOIA request. Direct costs
include, for example, salaries of employees who perform the work and
costs of conducting large-scale computer searches.
(c) ``Duplicate'' means to copy records to respond to a FOIA
request. Copies can take the form of paper, audio-visual materials, or
electronic records, among others.
(d) ``Educational institution'' means a preschool, a public or
private elementary or secondary school, an institution of graduate
higher education, an institution of undergraduate higher education, an
institution of professional education, and an institution of vocational
education, that operates a program or programs of scholarly research.
(e) ``Non-commercial scientific institution'' means an institution
that is not operated on a commercial basis and that operates solely for
the purpose of conducting scientific research the results of which are
not intended to promote any particular product or industry.
(f) ``Representative of the news media'' means any person or entity
that gathers information of potential interest to a segment of the
public, uses its editorial skills to turn the raw materials into a
distinct work, and distributes that work to an audience.
(g) ``Review'' means to examine a record to determine whether any
portion of the record may be withheld and to process a record for
disclosure, including by redacting it.
(h) ``Search for'' means look for and retrieve records covered by a
FOIA request, including by looking page-by-page or line-by-line to
identify responsive material within individual records.
Sec. 2004.8 Fees in general.
USTR shall charge fees that recoup the full allowable direct costs
it incurs in responding to FOIA requests. USTR may assess charges for
time spent searching for records even if USTR fails to locate the
records or if the records are located and determined to be exempt from
disclosure. In general, USTR shall apply the following fee schedule,
subject to Sec. Sec. 2004.9 through 2004.11:
(a) Manual searches. Time devoted to manual searches shall be
charged on the basis of the salary of the employee(s) conducting the
search (basic hourly rate(s) of pay for the employee(s), plus 16
percent).
(b) Electronic searches. Fees shall reflect the direct cost of
conducting the search. This will include the cost of operating the
central processing unit for that portion of operating time that is
directly attributable to searching for and printing records responsive
to the FOIA request and operator/programmer salary attributable to the
search.
(c) Record reviews. Time devoted to reviewing records shall be
charged on the same basis as under paragraph (a) of this section, but
shall only be applicable to the initial review of records located in
response to commercial use requests.
(d) Duplication. Fees for copying paper records or for printing
electronic records shall be assessed at a rate of $.15 per page. For
other types of copies such as disks or audio visual tapes, USTR shall
charge the direct cost of producing the document(s). If duplication
charges are expected to exceed $25, the FOIA Officer shall notify the
requester, unless the requester has indicated in advance a willingness
to pay fees as high as those anticipated. If a requester wishes to
limit costs, the FOIA Officer shall provide the requester an
opportunity to reformulate the request in order to reduce costs. If the
requester reformulates a request, it shall be considered a new request
and the 20-day period described in Sec. 2004.6(c)(1) shall be deemed
to begin when the FOIA Officer receives the request.
(e) Advance payments required. The FOIA Officer may require a
requester to make an advance deposit of up to the amount of the entire
anticipated fee before the FOIA Officer begins to process the request
if:
(1) The FOIA Officer estimates that the fee will exceed $250; or
(2) The requester has previously failed to pay a fee in a timely
fashion.
When the FOIA Officer requires a requester to make an advance
payment, the 20-day period described in Sec. 2004.6(c)(1) shall begin
when the FOIA Officer receives the payment.
(f) No assessment of fee. USTR shall not charge a fee to any
requester if:
(1) The cost of collecting the fee would be equal to or greater
than the fee itself; or
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(2) After December 31, 2008, USTR fails to comply with any time
limit under the Freedom of Information Act for responding to a request
for records where no unusual or exceptional circumstances apply.
Sec. 2004.9 Fees for categories of requesters.
USTR shall assess fees for certain categories of requesters as
follows:
(a) Commercial use requesters. In responding to commercial use
requests, USTR shall assess fees that recover the full direct costs of
searching for, reviewing, and duplicating records.
(b) Educational institutions. USTR shall provide records to
requesters in this category for the cost of duplication alone,
excluding charges for the first 100 pages. To qualify for inclusion in
this fee category, a requester must show that the request is authorized
by and is made under the auspices of a qualifying institution and that
the records are sought to further scholarly research, not an individual
goal.
(c) Representatives of the news media. USTR shall provide records
to requesters in this category for the cost of duplication alone,
excluding charges for the first 100 pages.
(d) All other requesters. USTR shall charge requesters who do not
fall within paragraphs (a) through (c) of this section fees that
recover the full direct cost of searching for and duplicating records,
excluding charges for the first 100 pages of reproduction and the first
two hours of search time.
Sec. 2004.10 Other charges.
USTR may apply other charges, including the following:
(a) Special charges. USTR shall recover the full cost of providing
special services, such as sending records by express mail, to the
extent that USTR elects to provide them.
(b) Interest charges. USTR may begin assessing interest charges on
an unpaid bill starting on the 31st day following the day on which the
FOIA Officer sent the billing. Interest shall be charged at the rate
prescribed in 31 U.S.C. 3717 and will accrue from the date of billing.
(c) Aggregating requests. When the FOIA Officer reasonably believes
that a requester or a group of requesters acting in concert is
attempting to divide a request into a series of requests for the
purpose of avoiding fees, the FOIA Officer shall aggregate those
requests and charge accordingly.
Sec. 2004.11 Payment and waiver.
(a) Remittances. Payment shall be made in the form of check or
money order made payable to the Treasury of the United States. At the
time the FOIA Officer notifies a requester of the applicable fees, the
Officer shall inform the requester of where to send the payment.
(b) Waiver. USTR may waive all or part of any fee provided for in
Sec. Sec. 2004.8 through 2004.9 when the FOIA Officer deems that
disclosure of the information is in the general public's interest
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. In
determining whether a fee should be waived, the FOIA Officer may
consider whether:
(1) The subject matter specifically concerns identifiable
operations or activities of the government;
(2) The information is already in the public domain;
(3) Disclosure of the information would contribute to the
understanding of the public-at-large as opposed to a narrow segment of
the population;
(4) Disclosure of the information would significantly enhance the
public's understanding of the subject matter;
(5) Disclosure of the information would further a commercial
interest of the requester; and
(6) The public's interest is greater than any commercial interest
of the requester.
Dated: January 31, 2008.
Ambassador Susan C. Schwab,
United States Trade Representative.
[FR Doc. E8-2254 Filed 2-13-08; 8:45 am]
BILLING CODE 3190-W8-P
