Procedures for Disclosure of Information Under the Freedom of Information Act, 47564-47568 [E8-18450]
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Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Proposed Rules
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(AIR–4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
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Docket: The index to the docket for
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at EPA Region IX, 75 Hawthorne Street,
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documents in the docket are listed in
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some may not be publicly available in
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hard copy materials, please schedule an
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FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Mae
Wang, EPA Region IX, (415) 947–4124,
wang.mae@epa.gov.
SUPPLEMENTARY INFORMATION: This
document concerns the delegation of
unchanged NESHAP to the Arizona
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and the Pima County Department of
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direct final rule and address the
comments in subsequent action based
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on this proposed rule. Please note that
if we receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
Authority: This action is issued under the
authority of Section 112 of the Clean Air Act,
as amended, 42 U.S.C. 7412.
Dated: July 25, 2008.
Amy Zimpfer,
Acting Director, Air Division, Region IX.
[FR Doc. E8–18747 Filed 8–13–08; 8:45 am]
2996d(g).1 LSC has implemented FOIA
procedures through the adoption of
regulations found at 45 CFR Part 1602.
On December 31, 2007, President
Bush signed the Openness Promotes
Effectiveness in our National
Government Act of 2007 (‘‘OPEN
Government Act’’ or ‘‘Act’’) into law.
The OPEN Government Act amends
FOIA in an effort to improve media and
public access to government records. In
order to bring LSC’s FOIA regulations
into conformance with the changes to
FOIA made by the OPEN Government
Act provisions, the LSC Board of
Directors initiated a rulemaking on
August 2, 2008 and approved this
Notice of Proposed Rulemaking (NPRM)
for publication. The proposed changes
to Part 1602 are discussed in greater
detail below.
Section-by-Section Analysis
BILLING CODE 6560–50–P
Definitions—45 CFR 1602.2
LEGAL SERVICES CORPORATION
45 CFR Part 1602
Procedures for Disclosure of
Information Under the Freedom of
Information Act
Legal Services Corporation.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: LSC is proposing a number of
revisions to its regulations on
procedures for disclosure of information
under the Freedom of Information Act
to implement changes in that law made
by the OPEN Government Act of 2007.
LSC is also proposing to designate the
Office of Inspector General as a separate
component for receiving requests for its
records and to make two technical
amendments.
DATES: Comments on this NPRM are due
on September 15, 2008.
ADDRESSES: Written comments may be
submitted by mail, fax or e-mail to
Mattie Cohan, Senior Assistant General
Counsel, Office of Legal Affairs, Legal
Services Corporation, 3333 K St., NW.,
Washington, DC 20007; 202–295–1624
(phone); 202–337–6519 (fax);
mcohan@lsc.gov (e-mail).
FOR FURTHER INFORMATION CONTACT:
Mattie Cohan, Senior Assistant General
Counsel, Office of Legal Affairs, Legal
Services Corporation, 3333 K St., NW.,
Washington, DC 20007; 202–295–1624
(phone); 202–337–6519 (fax);
mcohan@lsc.gov (e-mail).
SUPPLEMENTARY INFORMATION: LSC is
subject to the Freedom of Information
Act (FOIA) by the terms of the Legal
Services Corporation Act. 42 U.S.C.
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§ 1602.2(g)—Records
Under LSC’s regulations, ‘‘records’’
are various materials ‘‘made or received
by the Corporation in connection with
the transaction of the Corporation’s
business and preserved by the
Corporation.’’ 45 CFR 1602.2(g). Section
9 of the OPEN Government Act expands
the statutory definition of ‘‘record’’ to
include any information that is
maintained for an agency by an entity
under Government contract, for the
purposes of records management. LSC
proposes to amend § 1602.2(g) to
include conform the regulation with the
expanded statutory definition to
specifically reference information
maintained by LSC under contract for
the purposes of records management.
Accordingly, LSC proposes to revise
§ 1602.2(g) to read ‘‘Records means
books, papers, maps, photographs, or
other documentary materials, regardless
of whether the format is physical or
electronic, made or received by the
Corporation in connection with the
transaction of the Corporation’s
business and preserved by the
Corporation (either directly or
maintained by a third party under
contract to the Corporation) for records
management purposes, as evidence of
the organization, functions, policies,
decisions procedures, operations, or
other activities of the Corporation, or
because of the informational value of
data in them. The term does not
include, inter alia, books, magazines, or
1 Absent this authority, LSC would not otherwise
be subject to FOIA since LSC is not an agency,
department or instrumentality of the Federal
government. 42 U.S.C. 2996d(e)(1).
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other materials acquired solely for
library purposes.’’
§ 1602.2(h)—Representatives of News
Media
FOIA provides that ‘‘representatives
of the news media’’ may not be charged
fees for search and review time
associated with responding to their
FOIA requests. 5 U.S.C.
552(a)(4)(A)(ii)(II). The term
‘‘representative of the news media’’ is
not defined in FOIA, but LSC’s FOIA
regulation at Part 1602 currently defines
‘‘representative of the news media’’ as
‘‘any person actively gathering news for
an entity that is organized and operated
to publish or broadcast news to the
public. The term ‘‘news’’ means
information that is about current events
or that would be of current interest to
the public. Examples of news media
entities include television or radio
stations broadcasting to the public at
large and publishers of periodicals (but
only in those instances when they can
qualify as disseminators of ‘‘news’’) who
make their products available for
purchase or subscription by the general
public. These examples are not intended
to be all-inclusive. Moreover, as
traditional methods of news delivery
evolve (e.g., electronic dissemination of
newspapers through
telecommunications services), such
alternative media would be included in
this category. In the case of ‘‘freelance’’
journalists, they will be regarded as
working for a news organization if they
can demonstrate a solid basis for
expecting publication through that
organization, even though not actually
employed by it.’’ 45 CFR 1602.2(h). This
definition is based on a definition of
that term appearing in guidance
published by the Office of Management
and Budget. See, 53 FR 6151 (March 1,
1988); 52 F 10012 (March 27, 1987).
The OPEN Government Act of 2007
clarifies that ‘‘freelance’’ journalists and
‘‘alternative media’’ news sources (such
as online news sources) are
‘‘representatives of the news media’’ for
the purposes of the fee structure.
Specifically, section 3 of the OPEN
Government Act defines ‘‘representative
of the news media’’ as ‘‘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.’’ That section goes on to
provide:
In this clause, the term ‘‘news’’ means
information that is about current events or
that would be of current interest to the
public. Examples of news-media entities are
television or radio stations broadcasting to
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the public at large and publishers of
periodicals (but only if such entities qualify
as disseminators of ‘‘news’’) who make their
products available for purchase by or
subscription by or free distribution to the
general public. These examples are not allinclusive. Moreover, as methods of news
delivery evolve (for example, the adoption of
the electronic dissemination of newspapers
through telecommunications services), such
alternative media shall be considered to be
news-media entities. A freelance journalist
shall be regarded as working for a newsmedia entity if the journalist can demonstrate
a solid basis for expecting publication
through that entity, whether or not the
journalist is actually employed by the entity.
A publication contract would present a solid
basis for such an expectation; the
Government may also consider the past
publication record of the requester in making
such a determination.
Although LSC’s existing definition of
‘‘representative of the news media’’ is
not substantively inconsistent with or
contrary to the newly clarified
definition in the OPEN Government Act,
LSC believes that it is prudent to amend
its regulatory definition to reflect the
revised statutory language. LSC believes
that substituting the clarified definition
for the existing one will ensure that
LSC’s regulation reflects the full intent
of Congress. Accordingly, LSC proposes
to amend § 1602.2(h) to read
‘‘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. In this clause, the term
‘news’ means information that is about
current events or that would be of
current interest to the public. Examples
of news media entities are television or
radio stations broadcasting to the public
at large and publishers of periodicals
(but only if such entities qualify as
disseminators of ‘news’) who make their
products available for purchase by or
subscription by or free distribution to
the general public. These examples are
not all-inclusive. Moreover, as methods
of news delivery evolve (for example,
the adoption of the electronic
dissemination of newspapers through
telecommunications services), such
alternative media shall be considered to
be news media entities. A freelance
journalist shall be regarded as working
for a news media entity if the journalist
can demonstrate a solid basis for
expecting publication through that
entity, whether or not the journalist is
actually employed by the entity. A
publication contract would present a
solid basis for such an expectation; the
Corporation may also consider the past
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publication record of the requester in
making such a determination.’’
Requests for Records—45 CFR 1602.8
Agencies are required to make
determinations on whether to comply
with FOIA requests within twenty (20)
business days of receipt of a request. 5
U.S.C 552(a)(6)(A)(i). LSC has
incorporated this requirement into its
regulations at 45 CFR 1602.8(i). The
OPEN Government Act provides
additional instruction to clarify when
the time limit begins to run.
Specifically, § 6 of the OPEN
Government Act provides that:
The 20-day period under clause [5 U.S.C
552(a)(6)(A)(i)] shall commence on the date
on which the request is first received by the
appropriate component of the agency, but in
any event not later than ten days after the
request is received by any component of the
agency that is designated in the agency’s
regulations under this section to receive
requests under this section. [sic] The 20-day
period shall not be tolled by the agency
except:
(I) That the agency may make one request
to the requester for information and toll the
20-day period while it is awaiting such
information that it has reasonably requested
from the requester under this section; or
(II) If necessary to clarify with the requester
issues regarding fee assessment. In either
case, the agency’s receipt of the requester’s
response to the agency’s request for
information or clarification ends the tolling
period.
Unlike some agencies subject to FOIA,
LSC has had only one component
designated to receive requests, the
Office of Legal Affairs. The Office of
Inspector General (OIG) is not a separate
component designated to receive FOIA
requests under LSC’s regulations,
although the General Counsel or
designee forwards requests for records
maintained by the OIG for processing
and response. Under the current
regulation, when FOIA requests are for
OIG records and they are referred over
to the OIG, the 20-day time limit for
response only starts for the OIG when
the OIG receives the request upon
referral from the Office of Legal Affairs.
However, under the new statutory
requirements, the OIG’s 20-day time
limit will commence when the OIG
receives the request from the Office of
Legal Affairs, but in no event later than
10 working days from when the Office
of Legal Affairs receives the request.
Thus, if for some reason the referral is
not made on a timely basis, the OIG
could lose some or all of its response
time before its response would be
deemed late through no action on
inaction on the part of the OIG.
Designating the OIG as a separate
component authorized to receive
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requests directly would ameliorate,
although not entirely eliminate, this
potential problem. In addition, LSC
notes that it is typical practice in other
agencies with Inspectors General for
those Offices of Inspector General to be
separately designated components
authorized to receive and process FOIA
request directly. Accordingly, LSC
proposes to amend 45 CFR Part
1602.8(i) to incorporate the provisions
of the OPEN Government Act discussed
above and to designate the Office of
Inspector General as a component
authorized to receive FOIA requests for
its records. Specifically, LSC proposes
to redesignate paragraph (i)(1) as (i)(1)(i)
to read as follows ‘‘The General Counsel
or designee, upon request for any
records made in accordance with this
section, except in the case of a request
for Office of Inspector General records,
shall make an initial determination of
whether to comply with or deny such
request and dispatch such
determination to the requester within 20
days (excepting Saturdays, Sundays and
legal public holidays) after receipt of
such request, except for unusual
circumstances, in which case the time
limit may be extended for up to 10
working days by written notice to the
requester setting forth the reasons for
such extension and the date on which
a determination is expected to be
dispatched.’’ LSC also proposed to add
a new paragraph (i)(1)(ii) to read as
follows ‘‘In the case of a request for any
Office of Inspector General records
made in accordance with this section,
the Counsel to the Inspector General or
designee shall make an initial
determination of whether to comply
with or deny such request and dispatch
such determination to the requester
within 20 days (excepting Saturdays,
Sundays and legal public holidays) after
receipt of such request, except for
unusual circumstances, in which case
the time limit may be extended for up
to 10 working days by written notice to
the requester setting forth the reasons
for such extension and the date on
which a determination is expected to be
dispatched.’’
In addition, LSC is proposing to
redesignate paragraph (i)(2) as (i)(2)(i),
amend that paragraph to read as follows:
‘‘If the General Counsel or designee
determines that a request or portion
thereof is for the Office of Inspector
General records, the General Counsel or
designee shall promptly refer the
request or portion thereof to the Office
of Inspector General and send notice of
such referral to the requester. If the
Counsel to the Inspector General or
designee determines that a request or
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portion thereof is for Corporation
records not maintained by the Office of
Inspector General, the Counsel to the
Inspector General or designee shall
promptly refer the request or portion
thereof to the Office of Legal Affairs and
send notice of such referral to the
requester.’’ LSC also proposes to and
add a new paragraph (i)(2)(ii) to read as
follows ‘‘The 20-day period under
paragraph (i)(1) shall commence on the
date on which the request is first
received by the appropriate Office (the
Office of Legal Affairs or the Office of
Inspector General), but in no event later
than 10 working days after the request
has been received by either the Office of
Legal Affairs or the Office of Inspector
General. The 20-day period shall not be
tolled by the Office processing the
request except that the processing Office
may make one request to the requester
for information pursuant to paragraph
(c) of this section and toll the 20-day
period while it is awaiting such
information that it has reasonably
requested from the requester under this
section; or, if necessary to clarify with
the requester issues regarding fee
assessment. In either case, the
processing Office’s receipt of the
requester’s response to such a request
for information or clarification ends the
tolling period.’’
Exemptions for Withholding Records—
45 CFR 1602.9
Under FOIA, entire documents or
portions thereof may be withheld from
disclosure if one or more specified
exemptions apply. 5 U.S.C. 552(b). If a
particular document contains
information that can be withheld from
disclosure which may reasonably be
segregated from the material which
must be released, the agency must (with
limited exception) release the segregable
portion of the record and indicate the
amount of information which has been
deleted. Id. Section 12 of the OPEN
Government Act imposes a further
requirement that the agency inform
requesters of the exemption under
which redacted information is being
withheld. LSC proposes incorporating
this new requirement into its
regulations by amending § 1602.9(b) to
insert the words ‘‘and the exemption
under which the deletion is made’’ after
the words ‘‘amount of information
deleted’’ where they appear in the
second and third sentences of that
paragraph. As proposed, § 1602.9(b)
would read as follows ‘‘In the event that
one or more of the exemptions in
paragraph (a) of this section apply, any
reasonably segregable portion of a
record shall be provided to the requester
after deletion of the portions that are
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exempt. The amount of information
deleted and the exemption under which
the deletion is being made shall be
indicated on the released portion of the
record, unless doing so would harm the
interest protected by the exemption
under which the deletion is made. If
technically feasible, the amount of
information deleted and the exemption
under which the deletion is being made
shall be indicated at the place in the
record where the deletion occurs’’
Officials Authorized to Grant or Deny
Requests for Records—45 CFR 1602.10
Under the current regulation, because
the OIG is not separately designated to
receive its own FOIA requests, the
Counsel to the Inspector General or
designee is required to consult with the
Office of the General Counsel prior to
granting or denying requests for records
which have been referred to the OIG. 45
CFR 1602.10(b). With the proposed
changed, discussed elsewhere herein, to
designate the OIG as a unit authorized
to receive FOIA requests directly, this
requirement is obsolete. Accordingly,
LSC is proposing to delete this
requirement from the regulation by
deleting the last sentence of
§ 1602.10(b).
In addition, under the current
regulation, the Office of the General
Counsel is required to consult with the
OIG in cases in which a requester has
requested a record which originated
with the OIG but which is now
maintained elsewhere within the
Corporation. 45 CFR 1602.10(b). This
ensures that the OIG has notice and an
opportunity to participate in the
potential release of OIG records by the
Office of General Counsel. With the
proposed change, discussed elsewhere
herein, to designate the OIG as a unit to
receive FOIA requests directly, it is
appropriate to adopt a parallel provision
requiring the OIG to consult with the
Office of the General Counsel prior to
granting or denying a request for a
record which originated in a component
of the Corporation other than the OIG
but which is being maintained by the
OIG. Accordingly, LSC proposes to add
the following language as a new last
sentence of § 1602.10(b) ‘‘The Counsel
to the Inspector General or designee
shall consult with the Office of the
General Counsel prior to granting or
denying any request for records or
portions of records which originated
with any component of the Corporation
other than the Office of Inspector
General, or which contain information
which originated with a component of
the Corporation other than the Office of
Inspector General, but which are
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maintained by the Office of Inspector
General.’’
Fees—45 CFR 1602.13
FOIA provides for the assessment of
fees on requesters associated with the
processing of their FOIA requests. 5
U.S.C. 552(a)(4). Prior to the adoption of
the OPEN Government Act, applicable
fees could be assessed when authorized
under FOIA, regardless of the timeliness
of the response to the requester. Section
6 of the OPEN Government Act has
changed that, providing now that an
agency which fails to provide a timely
response may not assess search fees on
requesters, except in cases involving
unusual or exceptional circumstances.
In the case of requesters who are
representatives of the news media, since
they are already not subject to search
charges, the OPEN Government Act
provides that applicable duplication
fees will not be charged when the
agency provides an untimely response.
LSC proposes to implement this
statutory change by amending § 1602.13,
Fees, by redesignating paragraph (b) as
a paragraph (b)(1) and adding a new
paragraph (b)(2) to read as follows ‘‘If no
unusual circumstances, as set forth in
§ 1602.8 apply, if LSC has failed to
comply with the time limits set forth in
that section, otherwise applicable search
fees will not be charged to a requester.
In the case of a requester who is a
representative of the news media,
otherwise applicable duplication fees
will not be charged.’’
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Technical Changes—References to
LSC’s Address
Although not required by the OPEN
Government Act, LSC is taking this
opportunity to propose two technical
changes to the regulation, both
referencing addresses for the submission
of FOIA requests.
Public Reading Room (§ 1602.5)
When the Corporation last amended
Part 1602 in 2003, the Corporation was
in the process of moving its offices from
750 First St. NE., Washington, DC to its
current location at 3333 K St., NW.
Washington, DC Section 1602.5, which
sets forth the address of LSC’s public
reading room and is also the address
referenced in the instructions for the
submission of FOIA requests in
§ 1602.8(b), was amended at that time to
include both addresses. The reference to
the First St. NE. address is now
obsolete. Accordingly, LSC is proposing
to delete the reference to that obsolete
address and amend the first sentence of
§ 1602.5(a) to read as follows: ‘‘The
Corporation will maintain a public
reading room at its office at 3333 K St.,
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NW., Washington, DC 20007.’’ As
proposed, the rest of that paragraph will
remain unchanged.
Requests for Records (§ 1602.8)
LSC is proposing a technical change
to § 1602.8(b) to update the e-mail
address requesters are required to use to
submit FOIA requests. The current
regulation lists an e-mail address of
info@smtp.lsc.gov, which is a general
information e-mail address. LSC has
since established a dedicated FOIA email address to ensure that FOIA
requests are identified and processed
separately from other general
information requests submitted to the
Corporation in order to improve
handling and processing of FOIA
requests. Accordingly, LSC is proposing
to amend paragraph (b) to delete the old
e-mail address, and substitute the
correct dedicated FOIA e-mail address:
FOIA@lsc.gov in the third sentence of
paragraph (b). As proposed, the rest of
paragraph (b) would remain unchanged.
List of Subjects in 45 CFR Part 1602
Freedom of information, Reporting
and recordkeeping requirements.
For reasons set forth above, LSC
proposes to amend 45 CFR part 1602 as
follows:
PART 1602—PROCEDURES FOR
DISCLOSURE OF INFORMATION
UNDER THE FREEDOM OF
INFORMATION ACT
1. The authority citation for part 1602
continues to read as follows:
Authority: 42 U.S.C. 2996d(g); 5 U.S.C.
552.
2. Paragraphs (g) and (h) of § 1602.2
are revised to read as follows:
§ 1602.2
Definitions.
*
*
*
*
*
(g) Records means books, papers,
maps, photographs, or other
documentary materials, regardless of
whether the format is physical or
electronic, made or received by the
Corporation in connection with the
transaction of the Corporation’s
business and preserved by the
Corporation (either directly or
maintained by a third party under
contract to the Corporation for records
management purposes), as evidence of
the organization, functions, policies,
decisions procedures, operations, or
other activities of the Corporation, or
because of the informational value of
data in them. The term does not
include, inter alia, books, magazines, or
other materials acquired solely for
library purposes.
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(h) 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. In this clause, the term
‘news’ means information that is about
current events or that would be of
current interest to the public. Examples
of news media entities are television or
radio stations broadcasting to the public
at large and publishers of periodicals
(but only if such entities qualify as
disseminators of ‘news’) who make their
products available for purchase by or
subscription by or free distribution to
the general public. These examples are
not all-inclusive. Moreover, as methods
of news delivery evolve (for example,
the adoption of the electronic
dissemination of newspapers through
telecommunications services), such
alternative media shall be considered to
be news media entities. A freelance
journalist shall be regarded as working
for a news media entity if the journalist
can demonstrate a solid basis for
expecting publication through that
entity, whether or not the journalist is
actually employed by the entity. A
publication contract would present a
solid basis for such an expectation; the
Corporation may also consider the past
publication record of the requester in
making such a determination.
*
*
*
*
*
3. Paragraph (a) of § 1602.5 is revised
to read as follows:
§ 1602.5
Public reading room.
(a) The Corporation will maintain a
public reading room its office at 3333 K
St., NW., Washington, DC 20007. This
room will be supervised and will be
open to the public during the regular
business hours of the Corporation for
inspecting and copying records
described in paragraph (b) of this
section.
*
*
*
*
*
4. Paragraph (b) and paragraphs (i)(1)
and (2) of § 1602.8 are revised to read
as follows:
§ 1602.8
Requests for records.
*
*
*
*
*
(b) Requests. Requests for records
under this section shall be made in
writing, with the envelope and the letter
or e-mail request clearly marked
Freedom of Information Act Request.
All such requests shall be addressed to
the Corporation’s Office of Legal Affairs
or, in the case of requests for records
maintained by the Office of Inspector
General, to the Office of Inspector
General. Requests by letter shall use the
address given in § 1602.5(a). E-mail
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47568
Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Proposed Rules
requests shall be addressed to
FOIA@lsc.gov or, in the case of requests
for records maintained by the Office of
Inspector General, FOIA@oig.lsc.gov.
Any request not marked and addressed
as specified in this paragraph will be so
marked by Corporation personnel as
soon as it is properly identified, and
will be forwarded immediately to the
Office of Legal Affairs, or as appropriate,
the Office of Inspector General. A
request improperly addressed will only
be deemed to have been received as in
accordance with paragraph (i) of this
section. Upon receipt of an improperly
addressed request, the General Counsel
or designee (or Counsel to the Inspector
General or designee) shall notify the
requester of the date on which the time
period began.
*
*
*
*
*
(i)(1)(i) The General Counsel or
designee, upon request for any records
made in accordance with this section,
except in the case of a request for Office
of Inspector General records, shall make
an initial determination of whether to
comply with or deny such request and
dispatch such determination to the
requester within 20 days (excepting
Saturdays, Sundays and legal public
holidays) after receipt of such request,
except for unusual circumstances, in
which case the time limit may be
extended for up to 10 working days by
written notice to the requester setting
forth the reasons for such extension and
the date on which a determination is
expected to be dispatched.
(ii) In the case of a request for any
Office of Inspector General records
made in accordance with this section,
the Counsel to the Inspector General or
designee shall make an initial
determination of whether to comply
with or deny such request and dispatch
such determination to the requester
within 20 days (excepting Saturdays,
Sundays and legal public holidays) after
receipt of such request, except for
unusual circumstances, in which case
the time limit may be extended for up
to 10 working days by written notice to
the requester setting forth the reasons
for such extension and the date on
which a determination is expected to be
dispatched.
(2)(i) If the General Counsel or
designee determines that a request or
portion thereof is for the Office of
Inspector General records, the General
Counsel or designee shall promptly refer
the request or portion thereof to the
Office of Inspector General and send
notice of such referral to the requester.
If the Counsel to the Inspector General
or designee determines that a request or
portion thereof is for Corporation
VerDate Aug<31>2005
14:48 Aug 13, 2008
Jkt 214001
records not maintained by the Office of
Inspector General, the Counsel to the
Inspector General or designee shall
promptly refer the request or portion
thereof to the Office of Legal Affairs and
send notice of such referral to the
requester.
(ii) The 20-day period under
paragraph (i)(1) of this section shall
commence on the date on which the
request is first received by the
appropriate Office (the Office of Legal
Affairs or the Office of Inspector
General), but in no event later than 10
working days after the request has been
received by either the Office of Legal
Affairs or the Office of Inspector
General. The 20-day period shall not be
tolled by the Office processing the
request except that the processing Office
may make one request to the requester
for information pursuant to paragraph
(c) of this section and toll the 20-day
period while it is awaiting such
information that it has reasonably
requested from the requester under this
section; or, if necessary to clarify with
the requester issues regarding fee
assessment. In either case, the
processing Office’s receipt of the
requester’s response to such a request
for information or clarification ends the
tolling period.
*
*
*
*
*
5. Paragraph (b) of § 1602.9 is revised
to read as follows:
§ 1602.9 Exemptions for withholding
records.
*
*
*
*
*
(b) In the event that one or more of the
exemptions in paragraph (a) of this
section apply, any reasonably segregable
portion of a record shall be provided to
the requester after deletion of the
portions that are exempt. The amount of
information deleted and the exemption
under which the deletion is being made
shall be indicated on the released
portion of the record, unless doing so
would harm the interest protected by
the exemption under which the deletion
is made. If technically feasible, the
amount of information deleted and the
exemption under which the deletion is
being made shall be indicated at the
place in the record where the deletion
occurs.
*
*
*
*
*
6. Paragraph (b) of § 1602.10 is revised
to read as follows:
§ 1602.10 Officials authorized to grant or
deny requests for records.
*
*
*
*
*
(b) The General Counsel or designee
and the Counsel to the Inspector
General or designee are authorized to
grant or deny requests under this part.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
In the absence of a Counsel to the
Inspector General, the Inspector General
shall name a designee who will be
authorized to grant or deny requests
under this part and who will perform all
other functions of the Counsel to the
Inspector General under this part. The
General Counsel or designee shall
consult with the Office of the Counsel
to the Inspector General or designee
prior to granting or denying any request
for records or portions of records which
originated with the Office of Inspector
General, or which contain information
which originated Office of Inspector
General, but which are maintained by
other components of the Corporation.
The Counsel to the Inspector General or
designee shall consult with the Office of
the General Counsel prior to granting or
denying any request for records or
portions of records which originated
with any component of the Corporation
other than the Office of Inspector
General, or which contain information
which originated with a component of
the Corporation other than the Office of
Inspector General, but which are
maintained by the Office of Inspector
General.
7. Section 1602.13 is amended by
designating paragraph (b) as (b)(1) and
adding a paragraph (b)(2) to read as
follows:
§ 1602.13
Fees.
*
*
*
*
*
(b) * * *
(2) If no unusual circumstances, as set
forth in § 1602.8 apply, if LSC has failed
to comply with the time limits set forth
in that section, otherwise applicable
search fees will not be charged to a
requester. In the case of a requester who
is a representative of the news media,
otherwise applicable duplication fees
will not be charged.
*
*
*
*
*
Victor M. Fortuno,
Vice President & General Counsel.
[FR Doc. E8–18450 Filed 8–13–08; 8:45 am]
BILLING CODE 7050–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 10
[PS Docket No. 07–287; FCC 08–164]
Commercial Mobile Alert System
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: In this document, the Federal
Communications Commission
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[Federal Register Volume 73, Number 158 (Thursday, August 14, 2008)]
[Proposed Rules]
[Pages 47564-47568]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18450]
=======================================================================
-----------------------------------------------------------------------
LEGAL SERVICES CORPORATION
45 CFR Part 1602
Procedures for Disclosure of Information Under the Freedom of
Information Act
AGENCY: Legal Services Corporation.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: LSC is proposing a number of revisions to its regulations on
procedures for disclosure of information under the Freedom of
Information Act to implement changes in that law made by the OPEN
Government Act of 2007. LSC is also proposing to designate the Office
of Inspector General as a separate component for receiving requests for
its records and to make two technical amendments.
DATES: Comments on this NPRM are due on September 15, 2008.
ADDRESSES: Written comments may be submitted by mail, fax or e-mail to
Mattie Cohan, Senior Assistant General Counsel, Office of Legal
Affairs, Legal Services Corporation, 3333 K St., NW., Washington, DC
20007; 202-295-1624 (phone); 202-337-6519 (fax); mcohan@lsc.gov (e-
mail).
FOR FURTHER INFORMATION CONTACT: Mattie Cohan, Senior Assistant General
Counsel, Office of Legal Affairs, Legal Services Corporation, 3333 K
St., NW., Washington, DC 20007; 202-295-1624 (phone); 202-337-6519
(fax); mcohan@lsc.gov (e-mail).
SUPPLEMENTARY INFORMATION: LSC is subject to the Freedom of Information
Act (FOIA) by the terms of the Legal Services Corporation Act. 42
U.S.C. 2996d(g).\1\ LSC has implemented FOIA procedures through the
adoption of regulations found at 45 CFR Part 1602.
---------------------------------------------------------------------------
\1\ Absent this authority, LSC would not otherwise be subject to
FOIA since LSC is not an agency, department or instrumentality of
the Federal government. 42 U.S.C. 2996d(e)(1).
---------------------------------------------------------------------------
On December 31, 2007, President Bush signed the Openness Promotes
Effectiveness in our National Government Act of 2007 (``OPEN Government
Act'' or ``Act'') into law. The OPEN Government Act amends FOIA in an
effort to improve media and public access to government records. In
order to bring LSC's FOIA regulations into conformance with the changes
to FOIA made by the OPEN Government Act provisions, the LSC Board of
Directors initiated a rulemaking on August 2, 2008 and approved this
Notice of Proposed Rulemaking (NPRM) for publication. The proposed
changes to Part 1602 are discussed in greater detail below.
Section-by-Section Analysis
Definitions--45 CFR 1602.2
Sec. 1602.2(g)--Records
Under LSC's regulations, ``records'' are various materials ``made
or received by the Corporation in connection with the transaction of
the Corporation's business and preserved by the Corporation.'' 45 CFR
1602.2(g). Section 9 of the OPEN Government Act expands the statutory
definition of ``record'' to include any information that is maintained
for an agency by an entity under Government contract, for the purposes
of records management. LSC proposes to amend Sec. 1602.2(g) to include
conform the regulation with the expanded statutory definition to
specifically reference information maintained by LSC under contract for
the purposes of records management. Accordingly, LSC proposes to revise
Sec. 1602.2(g) to read ``Records means books, papers, maps,
photographs, or other documentary materials, regardless of whether the
format is physical or electronic, made or received by the Corporation
in connection with the transaction of the Corporation's business and
preserved by the Corporation (either directly or maintained by a third
party under contract to the Corporation) for records management
purposes, as evidence of the organization, functions, policies,
decisions procedures, operations, or other activities of the
Corporation, or because of the informational value of data in them. The
term does not include, inter alia, books, magazines, or
[[Page 47565]]
other materials acquired solely for library purposes.''
Sec. 1602.2(h)--Representatives of News Media
FOIA provides that ``representatives of the news media'' may not be
charged fees for search and review time associated with responding to
their FOIA requests. 5 U.S.C. 552(a)(4)(A)(ii)(II). The term
``representative of the news media'' is not defined in FOIA, but LSC's
FOIA regulation at Part 1602 currently defines ``representative of the
news media'' as ``any person actively gathering news for an entity that
is organized and operated to publish or broadcast news to the public.
The term ``news'' means information that is about current events or
that would be of current interest to the public. Examples of news media
entities include television or radio stations broadcasting to the
public at large and publishers of periodicals (but only in those
instances when they can qualify as disseminators of ``news'') who make
their products available for purchase or subscription by the general
public. These examples are not intended to be all-inclusive. Moreover,
as traditional methods of news delivery evolve (e.g., electronic
dissemination of newspapers through telecommunications services), such
alternative media would be included in this category. In the case of
``freelance'' journalists, they will be regarded as working for a news
organization if they can demonstrate a solid basis for expecting
publication through that organization, even though not actually
employed by it.'' 45 CFR 1602.2(h). This definition is based on a
definition of that term appearing in guidance published by the Office
of Management and Budget. See, 53 FR 6151 (March 1, 1988); 52 F 10012
(March 27, 1987).
The OPEN Government Act of 2007 clarifies that ``freelance''
journalists and ``alternative media'' news sources (such as online news
sources) are ``representatives of the news media'' for the purposes of
the fee structure. Specifically, section 3 of the OPEN Government Act
defines ``representative of the news media'' as ``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.'' That section
goes on to provide:
In this clause, the term ``news'' means information that is
about current events or that would be of current interest to the
public. Examples of news-media entities are television or radio
stations broadcasting to the public at large and publishers of
periodicals (but only if such entities qualify as disseminators of
``news'') who make their products available for purchase by or
subscription by or free distribution to the general public. These
examples are not all-inclusive. Moreover, as methods of news
delivery evolve (for example, the adoption of the electronic
dissemination of newspapers through telecommunications services),
such alternative media shall be considered to be news-media
entities. A freelance journalist shall be regarded as working for a
news-media entity if the journalist can demonstrate a solid basis
for expecting publication through that entity, whether or not the
journalist is actually employed by the entity. A publication
contract would present a solid basis for such an expectation; the
Government may also consider the past publication record of the
requester in making such a determination.
Although LSC's existing definition of ``representative of the news
media'' is not substantively inconsistent with or contrary to the newly
clarified definition in the OPEN Government Act, LSC believes that it
is prudent to amend its regulatory definition to reflect the revised
statutory language. LSC believes that substituting the clarified
definition for the existing one will ensure that LSC's regulation
reflects the full intent of Congress. Accordingly, LSC proposes to
amend Sec. 1602.2(h) to read ``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. In this clause, the term `news' means information that is
about current events or that would be of current interest to the
public. Examples of news media entities are television or radio
stations broadcasting to the public at large and publishers of
periodicals (but only if such entities qualify as disseminators of
`news') who make their products available for purchase by or
subscription by or free distribution to the general public. These
examples are not all-inclusive. Moreover, as methods of news delivery
evolve (for example, the adoption of the electronic dissemination of
newspapers through telecommunications services), such alternative media
shall be considered to be news media entities. A freelance journalist
shall be regarded as working for a news media entity if the journalist
can demonstrate a solid basis for expecting publication through that
entity, whether or not the journalist is actually employed by the
entity. A publication contract would present a solid basis for such an
expectation; the Corporation may also consider the past publication
record of the requester in making such a determination.''
Requests for Records--45 CFR 1602.8
Agencies are required to make determinations on whether to comply
with FOIA requests within twenty (20) business days of receipt of a
request. 5 U.S.C 552(a)(6)(A)(i). LSC has incorporated this requirement
into its regulations at 45 CFR 1602.8(i). The OPEN Government Act
provides additional instruction to clarify when the time limit begins
to run. Specifically, Sec. 6 of the OPEN Government Act provides that:
The 20-day period under clause [5 U.S.C 552(a)(6)(A)(i)] shall
commence on the date on which the request is first received by the
appropriate component of the agency, but in any event not later than
ten days after the request is received by any component of the
agency that is designated in the agency's regulations under this
section to receive requests under this section. [sic] The 20-day
period shall not be tolled by the agency except:
(I) That the agency may make one request to the requester for
information and toll the 20-day period while it is awaiting such
information that it has reasonably requested from the requester
under this section; or
(II) If necessary to clarify with the requester issues regarding
fee assessment. In either case, the agency's receipt of the
requester's response to the agency's request for information or
clarification ends the tolling period.
Unlike some agencies subject to FOIA, LSC has had only one
component designated to receive requests, the Office of Legal Affairs.
The Office of Inspector General (OIG) is not a separate component
designated to receive FOIA requests under LSC's regulations, although
the General Counsel or designee forwards requests for records
maintained by the OIG for processing and response. Under the current
regulation, when FOIA requests are for OIG records and they are
referred over to the OIG, the 20-day time limit for response only
starts for the OIG when the OIG receives the request upon referral from
the Office of Legal Affairs. However, under the new statutory
requirements, the OIG's 20-day time limit will commence when the OIG
receives the request from the Office of Legal Affairs, but in no event
later than 10 working days from when the Office of Legal Affairs
receives the request. Thus, if for some reason the referral is not made
on a timely basis, the OIG could lose some or all of its response time
before its response would be deemed late through no action on inaction
on the part of the OIG.
Designating the OIG as a separate component authorized to receive
[[Page 47566]]
requests directly would ameliorate, although not entirely eliminate,
this potential problem. In addition, LSC notes that it is typical
practice in other agencies with Inspectors General for those Offices of
Inspector General to be separately designated components authorized to
receive and process FOIA request directly. Accordingly, LSC proposes to
amend 45 CFR Part 1602.8(i) to incorporate the provisions of the OPEN
Government Act discussed above and to designate the Office of Inspector
General as a component authorized to receive FOIA requests for its
records. Specifically, LSC proposes to redesignate paragraph (i)(1) as
(i)(1)(i) to read as follows ``The General Counsel or designee, upon
request for any records made in accordance with this section, except in
the case of a request for Office of Inspector General records, shall
make an initial determination of whether to comply with or deny such
request and dispatch such determination to the requester within 20 days
(excepting Saturdays, Sundays and legal public holidays) after receipt
of such request, except for unusual circumstances, in which case the
time limit may be extended for up to 10 working days by written notice
to the requester setting forth the reasons for such extension and the
date on which a determination is expected to be dispatched.'' LSC also
proposed to add a new paragraph (i)(1)(ii) to read as follows ``In the
case of a request for any Office of Inspector General records made in
accordance with this section, the Counsel to the Inspector General or
designee shall make an initial determination of whether to comply with
or deny such request and dispatch such determination to the requester
within 20 days (excepting Saturdays, Sundays and legal public holidays)
after receipt of such request, except for unusual circumstances, in
which case the time limit may be extended for up to 10 working days by
written notice to the requester setting forth the reasons for such
extension and the date on which a determination is expected to be
dispatched.''
In addition, LSC is proposing to redesignate paragraph (i)(2) as
(i)(2)(i), amend that paragraph to read as follows: ``If the General
Counsel or designee determines that a request or portion thereof is for
the Office of Inspector General records, the General Counsel or
designee shall promptly refer the request or portion thereof to the
Office of Inspector General and send notice of such referral to the
requester. If the Counsel to the Inspector General or designee
determines that a request or portion thereof is for Corporation records
not maintained by the Office of Inspector General, the Counsel to the
Inspector General or designee shall promptly refer the request or
portion thereof to the Office of Legal Affairs and send notice of such
referral to the requester.'' LSC also proposes to and add a new
paragraph (i)(2)(ii) to read as follows ``The 20-day period under
paragraph (i)(1) shall commence on the date on which the request is
first received by the appropriate Office (the Office of Legal Affairs
or the Office of Inspector General), but in no event later than 10
working days after the request has been received by either the Office
of Legal Affairs or the Office of Inspector General. The 20-day period
shall not be tolled by the Office processing the request except that
the processing Office may make one request to the requester for
information pursuant to paragraph (c) of this section and toll the 20-
day period while it is awaiting such information that it has reasonably
requested from the requester under this section; or, if necessary to
clarify with the requester issues regarding fee assessment. In either
case, the processing Office's receipt of the requester's response to
such a request for information or clarification ends the tolling
period.''
Exemptions for Withholding Records--45 CFR 1602.9
Under FOIA, entire documents or portions thereof may be withheld
from disclosure if one or more specified exemptions apply. 5 U.S.C.
552(b). If a particular document contains information that can be
withheld from disclosure which may reasonably be segregated from the
material which must be released, the agency must (with limited
exception) release the segregable portion of the record and indicate
the amount of information which has been deleted. Id. Section 12 of the
OPEN Government Act imposes a further requirement that the agency
inform requesters of the exemption under which redacted information is
being withheld. LSC proposes incorporating this new requirement into
its regulations by amending Sec. 1602.9(b) to insert the words ``and
the exemption under which the deletion is made'' after the words
``amount of information deleted'' where they appear in the second and
third sentences of that paragraph. As proposed, Sec. 1602.9(b) would
read as follows ``In the event that one or more of the exemptions in
paragraph (a) of this section apply, any reasonably segregable portion
of a record shall be provided to the requester after deletion of the
portions that are exempt. The amount of information deleted and the
exemption under which the deletion is being made shall be indicated on
the released portion of the record, unless doing so would harm the
interest protected by the exemption under which the deletion is made.
If technically feasible, the amount of information deleted and the
exemption under which the deletion is being made shall be indicated at
the place in the record where the deletion occurs''
Officials Authorized to Grant or Deny Requests for Records--45 CFR
1602.10
Under the current regulation, because the OIG is not separately
designated to receive its own FOIA requests, the Counsel to the
Inspector General or designee is required to consult with the Office of
the General Counsel prior to granting or denying requests for records
which have been referred to the OIG. 45 CFR 1602.10(b). With the
proposed changed, discussed elsewhere herein, to designate the OIG as a
unit authorized to receive FOIA requests directly, this requirement is
obsolete. Accordingly, LSC is proposing to delete this requirement from
the regulation by deleting the last sentence of Sec. 1602.10(b).
In addition, under the current regulation, the Office of the
General Counsel is required to consult with the OIG in cases in which a
requester has requested a record which originated with the OIG but
which is now maintained elsewhere within the Corporation. 45 CFR
1602.10(b). This ensures that the OIG has notice and an opportunity to
participate in the potential release of OIG records by the Office of
General Counsel. With the proposed change, discussed elsewhere herein,
to designate the OIG as a unit to receive FOIA requests directly, it is
appropriate to adopt a parallel provision requiring the OIG to consult
with the Office of the General Counsel prior to granting or denying a
request for a record which originated in a component of the Corporation
other than the OIG but which is being maintained by the OIG.
Accordingly, LSC proposes to add the following language as a new last
sentence of Sec. 1602.10(b) ``The Counsel to the Inspector General or
designee shall consult with the Office of the General Counsel prior to
granting or denying any request for records or portions of records
which originated with any component of the Corporation other than the
Office of Inspector General, or which contain information which
originated with a component of the Corporation other than the Office of
Inspector General, but which are
[[Page 47567]]
maintained by the Office of Inspector General.''
Fees--45 CFR 1602.13
FOIA provides for the assessment of fees on requesters associated
with the processing of their FOIA requests. 5 U.S.C. 552(a)(4). Prior
to the adoption of the OPEN Government Act, applicable fees could be
assessed when authorized under FOIA, regardless of the timeliness of
the response to the requester. Section 6 of the OPEN Government Act has
changed that, providing now that an agency which fails to provide a
timely response may not assess search fees on requesters, except in
cases involving unusual or exceptional circumstances. In the case of
requesters who are representatives of the news media, since they are
already not subject to search charges, the OPEN Government Act provides
that applicable duplication fees will not be charged when the agency
provides an untimely response. LSC proposes to implement this statutory
change by amending Sec. 1602.13, Fees, by redesignating paragraph (b)
as a paragraph (b)(1) and adding a new paragraph (b)(2) to read as
follows ``If no unusual circumstances, as set forth in Sec. 1602.8
apply, if LSC has failed to comply with the time limits set forth in
that section, otherwise applicable search fees will not be charged to a
requester. In the case of a requester who is a representative of the
news media, otherwise applicable duplication fees will not be
charged.''
Technical Changes--References to LSC's Address
Although not required by the OPEN Government Act, LSC is taking
this opportunity to propose two technical changes to the regulation,
both referencing addresses for the submission of FOIA requests.
Public Reading Room (Sec. 1602.5)
When the Corporation last amended Part 1602 in 2003, the
Corporation was in the process of moving its offices from 750 First St.
NE., Washington, DC to its current location at 3333 K St., NW.
Washington, DC Section 1602.5, which sets forth the address of LSC's
public reading room and is also the address referenced in the
instructions for the submission of FOIA requests in Sec. 1602.8(b),
was amended at that time to include both addresses. The reference to
the First St. NE. address is now obsolete. Accordingly, LSC is
proposing to delete the reference to that obsolete address and amend
the first sentence of Sec. 1602.5(a) to read as follows: ``The
Corporation will maintain a public reading room at its office at 3333 K
St., NW., Washington, DC 20007.'' As proposed, the rest of that
paragraph will remain unchanged.
Requests for Records (Sec. 1602.8)
LSC is proposing a technical change to Sec. 1602.8(b) to update
the e-mail address requesters are required to use to submit FOIA
requests. The current regulation lists an e-mail address of
info@smtp.lsc.gov, which is a general information e-mail address. LSC
has since established a dedicated FOIA e-mail address to ensure that
FOIA requests are identified and processed separately from other
general information requests submitted to the Corporation in order to
improve handling and processing of FOIA requests. Accordingly, LSC is
proposing to amend paragraph (b) to delete the old e-mail address, and
substitute the correct dedicated FOIA e-mail address: FOIA@lsc.gov in
the third sentence of paragraph (b). As proposed, the rest of paragraph
(b) would remain unchanged.
List of Subjects in 45 CFR Part 1602
Freedom of information, Reporting and recordkeeping requirements.
For reasons set forth above, LSC proposes to amend 45 CFR part 1602
as follows:
PART 1602--PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE
FREEDOM OF INFORMATION ACT
1. The authority citation for part 1602 continues to read as
follows:
Authority: 42 U.S.C. 2996d(g); 5 U.S.C. 552.
2. Paragraphs (g) and (h) of Sec. 1602.2 are revised to read as
follows:
Sec. 1602.2 Definitions.
* * * * *
(g) Records means books, papers, maps, photographs, or other
documentary materials, regardless of whether the format is physical or
electronic, made or received by the Corporation in connection with the
transaction of the Corporation's business and preserved by the
Corporation (either directly or maintained by a third party under
contract to the Corporation for records management purposes), as
evidence of the organization, functions, policies, decisions
procedures, operations, or other activities of the Corporation, or
because of the informational value of data in them. The term does not
include, inter alia, books, magazines, or other materials acquired
solely for library purposes.
(h) 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. In this
clause, the term `news' means information that is about current events
or that would be of current interest to the public. Examples of news
media entities are television or radio stations broadcasting to the
public at large and publishers of periodicals (but only if such
entities qualify as disseminators of `news') who make their products
available for purchase by or subscription by or free distribution to
the general public. These examples are not all-inclusive. Moreover, as
methods of news delivery evolve (for example, the adoption of the
electronic dissemination of newspapers through telecommunications
services), such alternative media shall be considered to be news media
entities. A freelance journalist shall be regarded as working for a
news media entity if the journalist can demonstrate a solid basis for
expecting publication through that entity, whether or not the
journalist is actually employed by the entity. A publication contract
would present a solid basis for such an expectation; the Corporation
may also consider the past publication record of the requester in
making such a determination.
* * * * *
3. Paragraph (a) of Sec. 1602.5 is revised to read as follows:
Sec. 1602.5 Public reading room.
(a) The Corporation will maintain a public reading room its office
at 3333 K St., NW., Washington, DC 20007. This room will be supervised
and will be open to the public during the regular business hours of the
Corporation for inspecting and copying records described in paragraph
(b) of this section.
* * * * *
4. Paragraph (b) and paragraphs (i)(1) and (2) of Sec. 1602.8 are
revised to read as follows:
Sec. 1602.8 Requests for records.
* * * * *
(b) Requests. Requests for records under this section shall be made
in writing, with the envelope and the letter or e-mail request clearly
marked Freedom of Information Act Request. All such requests shall be
addressed to the Corporation's Office of Legal Affairs or, in the case
of requests for records maintained by the Office of Inspector General,
to the Office of Inspector General. Requests by letter shall use the
address given in Sec. 1602.5(a). E-mail
[[Page 47568]]
requests shall be addressed to FOIA@lsc.gov or, in the case of requests
for records maintained by the Office of Inspector General,
FOIA@oig.lsc.gov. Any request not marked and addressed as specified in
this paragraph will be so marked by Corporation personnel as soon as it
is properly identified, and will be forwarded immediately to the Office
of Legal Affairs, or as appropriate, the Office of Inspector General. A
request improperly addressed will only be deemed to have been received
as in accordance with paragraph (i) of this section. Upon receipt of an
improperly addressed request, the General Counsel or designee (or
Counsel to the Inspector General or designee) shall notify the
requester of the date on which the time period began.
* * * * *
(i)(1)(i) The General Counsel or designee, upon request for any
records made in accordance with this section, except in the case of a
request for Office of Inspector General records, shall make an initial
determination of whether to comply with or deny such request and
dispatch such determination to the requester within 20 days (excepting
Saturdays, Sundays and legal public holidays) after receipt of such
request, except for unusual circumstances, in which case the time limit
may be extended for up to 10 working days by written notice to the
requester setting forth the reasons for such extension and the date on
which a determination is expected to be dispatched.
(ii) In the case of a request for any Office of Inspector General
records made in accordance with this section, the Counsel to the
Inspector General or designee shall make an initial determination of
whether to comply with or deny such request and dispatch such
determination to the requester within 20 days (excepting Saturdays,
Sundays and legal public holidays) after receipt of such request,
except for unusual circumstances, in which case the time limit may be
extended for up to 10 working days by written notice to the requester
setting forth the reasons for such extension and the date on which a
determination is expected to be dispatched.
(2)(i) If the General Counsel or designee determines that a request
or portion thereof is for the Office of Inspector General records, the
General Counsel or designee shall promptly refer the request or portion
thereof to the Office of Inspector General and send notice of such
referral to the requester. If the Counsel to the Inspector General or
designee determines that a request or portion thereof is for
Corporation records not maintained by the Office of Inspector General,
the Counsel to the Inspector General or designee shall promptly refer
the request or portion thereof to the Office of Legal Affairs and send
notice of such referral to the requester.
(ii) The 20-day period under paragraph (i)(1) of this section shall
commence on the date on which the request is first received by the
appropriate Office (the Office of Legal Affairs or the Office of
Inspector General), but in no event later than 10 working days after
the request has been received by either the Office of Legal Affairs or
the Office of Inspector General. The 20-day period shall not be tolled
by the Office processing the request except that the processing Office
may make one request to the requester for information pursuant to
paragraph (c) of this section and toll the 20-day period while it is
awaiting such information that it has reasonably requested from the
requester under this section; or, if necessary to clarify with the
requester issues regarding fee assessment. In either case, the
processing Office's receipt of the requester's response to such a
request for information or clarification ends the tolling period.
* * * * *
5. Paragraph (b) of Sec. 1602.9 is revised to read as follows:
Sec. 1602.9 Exemptions for withholding records.
* * * * *
(b) In the event that one or more of the exemptions in paragraph
(a) of this section apply, any reasonably segregable portion of a
record shall be provided to the requester after deletion of the
portions that are exempt. The amount of information deleted and the
exemption under which the deletion is being made shall be indicated on
the released portion of the record, unless doing so would harm the
interest protected by the exemption under which the deletion is made.
If technically feasible, the amount of information deleted and the
exemption under which the deletion is being made shall be indicated at
the place in the record where the deletion occurs.
* * * * *
6. Paragraph (b) of Sec. 1602.10 is revised to read as follows:
Sec. 1602.10 Officials authorized to grant or deny requests for
records.
* * * * *
(b) The General Counsel or designee and the Counsel to the
Inspector General or designee are authorized to grant or deny requests
under this part. In the absence of a Counsel to the Inspector General,
the Inspector General shall name a designee who will be authorized to
grant or deny requests under this part and who will perform all other
functions of the Counsel to the Inspector General under this part. The
General Counsel or designee shall consult with the Office of the
Counsel to the Inspector General or designee prior to granting or
denying any request for records or portions of records which originated
with the Office of Inspector General, or which contain information
which originated Office of Inspector General, but which are maintained
by other components of the Corporation. The Counsel to the Inspector
General or designee shall consult with the Office of the General
Counsel prior to granting or denying any request for records or
portions of records which originated with any component of the
Corporation other than the Office of Inspector General, or which
contain information which originated with a component of the
Corporation other than the Office of Inspector General, but which are
maintained by the Office of Inspector General.
7. Section 1602.13 is amended by designating paragraph (b) as
(b)(1) and adding a paragraph (b)(2) to read as follows:
Sec. 1602.13 Fees.
* * * * *
(b) * * *
(2) If no unusual circumstances, as set forth in Sec. 1602.8
apply, if LSC has failed to comply with the time limits set forth in
that section, otherwise applicable search fees will not be charged to a
requester. In the case of a requester who is a representative of the
news media, otherwise applicable duplication fees will not be charged.
* * * * *
Victor M. Fortuno,
Vice President & General Counsel.
[FR Doc. E8-18450 Filed 8-13-08; 8:45 am]
BILLING CODE 7050-01-P
