Freedom of Information Act and Privacy Act Procedures, 38171-38173 [2012-15665]
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38171
Rules and Regulations
Federal Register
Vol. 77, No. 124
Wednesday, June 27, 2012
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
SPECIAL INSPECTOR GENERAL FOR
AFGHANISTAN RECONSTRUCTION
regulations, 5 CFR Chapter LXXXIII part
9301, establishing procedures for the
public to obtain information from the
Special Inspector General for
Afghanistan Reconstruction under the
Freedom of Information Act (FOIA) and
the Privacy Act of 1974.
Unfortunately, SIGAR inadvertently
omitted several amendments which
specifically addressed several public
comments the agency received during
the interim rule phase.
List of Subjects in 5 CFR Part 9301
Administrative practice and
procedure, Freedom of information,
Privacy.
5 CFR Part 9301
RIN 3460–AA00
Freedom of Information Act and
Privacy Act Procedures
Special Inspector General for
Afghanistan Reconstruction.
ACTION: Correcting amendments.
Accordingly, 5 CFR part 9301 is
corrected by making the following
correcting amendments:
PART 9301—[AMENDED]
AGENCY:
On June 11, 2012 (77 FR
34179) the Special Inspector General for
Afghanistan Reconstruction published a
final rule, revising its regulations
establishing procedures for the public to
obtain information from the Special
Inspector General for Afghanistan
Reconstruction under the Freedom of
Information Act (FOIA) and the Privacy
Act of 1974. These procedures will
facilitate public interaction with SIGAR.
The June 11, 2012 final rule
inadvertently omitted several
amendments in response to the public
comments SIGAR received. The purpose
of this document is to make the
necessary corrections.
DATES: This final rule is effective June
27, 2012.
FOR FURTHER INFORMATION CONTACT: Kate
Gastner, Public Information Manager, at
(703) 545–5993, email: mary.k.gastner.
civ@mail.mil.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
I. Background
On January 28, 2008, the President
signed into law the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181), which created the
Special Inspector General for
Afghanistan Reconstruction (SIGAR). In
order to establish procedures to
facilitate public interaction with SIGAR,
the agency is issuing final regulations
under the FOIA and the Privacy Act.
On June 11, 2012 (77 FR 34179)
SIGAR published a final rule revising its
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1. The authority citation for part 9301
continues to read as follows:
■
Authority: 5 U.S.C. 552; Pub. L. 110–175,
121 Stat. 2524 (2007); 5 U.S.C. 301 and 552;
Exec. Order 12600, 52 FR 23781, 3 CFR, 1987
Comp., p. 235; Exec. Order No. 13392, 70 FR
75373–75377, 3 CFR, 2006 Comp., pp. 216–
200.
2. Section 9301.1 is revised to read as
follows:
■
§ 9301.1
In general.
This information is furnished for the
guidance of the public and in
compliance with the requirements of the
Freedom of Information Act (FOIA), 5
U.S.C. 552, as amended. This subpart
should be read in conjunction with the
FOIA. The Freedom of Information Act
applies to third-party requests for
documents concerning the general
activities of the government and of
SIGAR in particular. When a U.S.
citizen or an individual lawfully
admitted for permanent residence
requests access to his or her own
records, it is considered a Privacy Act
request. Such records are maintained by
SIGAR under the individual’s name or
personal identifier. Although requests
are considered either FOIA requests for
Privacy Act requests, agencies process
requests in accordance with both laws,
which provides the greatest degree of
lawful access while safeguarding an
individual’s privacy.
3. Section 9301.4 is revised to read as
follows:
■
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§ 9301.4
Availability of records.
SIGAR provides records to individual
requesters in response to FOIA requests.
Records that are required by the FOIA
to be made available for public
inspection and copying are accessible
on SIGAR’s Web site, https://www.sigar.
mil. SIGAR will also identify records of
interest to the public that are
appropriate for public disclosure, and
then post these records.
■ 4. Section 9301.6 is amended by
revising paragraphs (c)(1) and (d) to read
as follows:
§ 9301.6
Requesting records.
*
*
*
*
*
(c) Response to requests—(1)
Processing. SIGAR will provide an
individualized tracking number, and
estimated date of completion, and a
brief description of the subjects of the
request in an acknowledgement letter to
the requester. The FOIA Officer shall
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 once 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,
either in-full or in-part, the FOIA Officer
shall promptly provide the requester
written notice of the decision. The FOIA
Officer shall include with the notice
both the requested records and a copy
of the decision. The notice shall also
describe the procedure for filing an
appeal.
(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. SIGAR will
indicate, if technically feasible, the
amount of information deleted and the
exemption under which the deletion is
made at the place in the record where
the deletion was made. SIGAR will also
indicate the exemption under which a
deletion is made on the released portion
of the record, unless including that
indication would harm an interest
protected by the exemptions. The notice
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38172
Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Rules and Regulations
shall also describe the procedure for
filing an appeal.
(iii) Consultations and referrals:
When SIGAR receives a request for a
record in its possession, it will
determine whether another agency of
the Federal Government, is better able to
determine whether the record is exempt
from disclosure under the FOIA and, if
so, whether it should be disclosed as a
matter of administrative discretion. If
SIGAR determines that it is best able to
process the record in response to the
request, then it will do so. If SIGAR
determines that it is not best able to
process the record, then it will either:
(A) Respond to the request regarding
that record, after consulting with the
agency best able to determine whether
to disclose it and with any other agency
that has a substantial interest in it; or
(B) Refer the responsibility for
responding to the request regarding that
record to the agency that originated the
record (but only if that agency is subject
to the FOIA). Ordinarily, the agency that
originated a record will be presumed to
be best able to determine whether to
disclose it.
*
*
*
*
*
(d) Appeals—(1) Initiating appeals.
Requesters not satisfied with the FOIA
Officer’s written decision may request
SIGAR’s FOIA Appellate Authority to
review the decision. Appeals must be
delivered in writing within 60 days of
the date of the decision and should be
addressed to the FOIA Appellate
Authority, Office of Privacy, Records &
Disclosure, Special Inspector General
for Afghanistan Reconstruction, 2530
Crystal Drive, Arlington, VA 22202. As
there may be delays in mail delivery, it
is advisable to Fax appeals to (703) 601–
3804 or email to sigar.pentagon.gencoun.mbx.foia@mail.mil. An appeal
shall include a statement specifying the
records that are the subject of the appeal
and explaining why the Appellate
Authority should grant the appeal.
(2) Appeal decisions. The Appellate
Authority shall decide the appeal
within 20 days (except Saturdays,
Sundays and federal holidays) from the
date it receives the appeal. If the
Appellate Authority denies the appeal
in full or part, the Appellate Authority
shall promptly notify the requester in
writing of the Appellate Authority’s
decision and the provisions for judicial
review. If the Appellate Authority grants
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 SIGAR assesses under
§§ 9301.8 through 9301.10.
(3) Mediation. A response to an
appeal will advise the requester that the
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2007 FOIA amendments created the
Office of Government Information
Services (OGIS) to offer mediation
services to resolve disputes between
FOIA requesters and Federal agencies as
a non-exclusive alternative to litigation.
A requester may contact OGIS in any of
the following ways: Office of
Government Information Services,
National Archives and Records
Administration, 8601 Adelphi Road,
College Park, MD 20740; Email: ogis@
nara.gov; Telephone: 202–741–5770;
Facsimile: 202–741–5769; Toll-free:
1–877–684–6448.
■ 5. Section 9301.7 is revised as follows:
§ 9301.7
Definitions.
For purposes of this subpart:
(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) Fee category means one of the
three categories that agencies place
requesters in for the purpose of
determining whether a requester will be
charged fees for search, review and
duplication.
(f) Fee waiver means the waiver or
reduction of processing fees if a
requester can demonstrate that certain
statutory standards are satisfied.
(g) 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.
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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.
(i) 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.
(j) 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.
■ 6. Section 9301.8 is amended by
revising the introductory text and
paragraph (d) to read as follows:
§ 9301.8
Fees in general.
SIGAR shall charge reasonable fees
that recoup the full allowable direct
costs it incurs in responding to FOIA
requests. SIGAR will provide an
estimated amount of fees, including a
breakdown of the fees for search,
review, and/or duplication. SIGAR may
assess charges for time spent searching
for records even if SIGAR is unable to
locate the records or if the records are
located and determined to be exempt
from disclosure. In general, SIGAR shall
apply the following fee schedule,
subject to §§ 9301.9 through 9301.11:
*
*
*
*
*
(d) Duplication. Fees for copying
paper records or for printing electronic
records shall be assessed at a rate of $.10
per page. For other types of copies such
as disks or audio visual tapes, SIGAR
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.
*
*
*
*
*
■ 7. Section 9301.10 is amended by
revising paragraph (c) as follows:
§ 9301.10
Other charges.
*
*
*
*
*
(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 within
a 30-day period for the purpose of
avoiding fees, the FOIA Officer shall
aggregate those requests and charge
accordingly.
■ 8. Section 9301.11 is amended by
revising paragraph (b) to read as follows:
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§ 9301.11
Payment and waiver.
*
*
*
*
*
(b) Waiver. SIGAR may waive all or
part of any fee provided for in §§ 9301.8
through 9301.9 when the FOIA Officer
deems that as a matter of administrative
discretion or 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.
Requesters may request a waiver in their
initial FOIA request letter. Requests for
a fee waiver should explain how the
information requested contributes to the
public’s understanding of the operations
or activities of the government. 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.
Federal Register of March 23, 2012 (77
FR 16923), a direct final rule making
technical changes to update a
requirement that many of its written
agreements and memoranda of
understanding with other departments,
Agencies, and organizations be
published in the Federal Register. The
comment period closed June 6, 2012.
FDA is withdrawing the direct final rule
because the Agency received significant
adverse comment.
The direct final rule published at
77 FR 16923, March 23, 2012, is
withdrawn, effective June 27, 2012.
DATES:
FOR FURTHER INFORMATION CONTACT:
Daniel W. Sigelman, Office of the
Commissioner, Food and Drug
Administration, 10903 New Hampshire
Ave., Silver Spring, MD 20993–0002,
301–796–4706, FAX: 301–847–8616,
email: daniel.sigelman@fda.hhs.gov.
Authority: Therefore, under the Federal
Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of
Food and Drugs, the direct final rule
published in the Federal Register on March
23, 2012 (77 FR 16923) is withdrawn.
DEPARTMENT OF LABOR
29 CFR Part 570
21 CFR Part 20
In Title 29 of the Code of Federal
Regulations, Parts 500 to 899, revised as
of July 1, 2011, on page 302, the section
heading for § 570.65 is corrected to read
as follows:
[Docket No. FDA–2012–N–0205]
§ 570.65
Agreements and Memoranda of
Understanding Between the Food and
Drug Administration and Other
Departments, Agencies, and
Organizations; Withdrawal
§ 570.65 Occupations involving the
operation of circular saws, band saws,
guillotine shears, chain saws, reciprocating
saws, wood chippers, and abrasive cutting
discs (Order 14).
■
emcdonald on DSK67QTVN1PROD with RULES
HHS.
ACTION:
[CORRECTED]
[FR Doc. 2012–15868 Filed 6–26–12; 8:45 am]
BILLING CODE 1505–01–D
Direct final rule; withdrawal.
The Food and Drug
Administration (FDA) published in the
SUMMARY:
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RIN 0720–AB43
TRICARE Reimbursement Revisions
Office of the Secretary,
Department of Defense.
ACTION: Final rule.
AGENCY:
This final rule provides
several necessary revisions to the
regulation in order for TRICARE to be
consistent with Medicare. These
revisions affect: Hospice periods of care;
reimbursement of physician assistants
and assistant-at-surgery claims; and
diagnosis-related group values,
removing references to specific numeric
diagnosis-related group values and
replacing them with their narrative
description.
SUMMARY:
Effective Date: This rule is
effective July 27, 2012.
DATES:
FOR FURTHER INFORMATION CONTACT:
I. Hospice
CFR Correction
Food and Drug Administration,
[DOD–2011–HA–0007]
Background
Child Labor Regulations, Orders and
Statements of Interpretation
AGENCY:
32 CFR Part 199
BILLING CODE 4160–01–P
[FR Doc. 2012–15665 Filed 6–26–12; 8:45 am]
Food and Drug Administration
Office of the Secretary
[FR Doc. 2012–15713 Filed 6–26–12; 8:45 am]
Dated: June 22, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
Wage and Hour Division
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
DEPARTMENT OF DEFENSE
Ms.
Ann N. Fazzini, TRICARE Management
Activity, Medical Benefits and
Reimbursement Systems, telephone
(303) 676–3803.
SUPPLEMENTARY INFORMATION:
Dated: June 21, 2012.
Steven J. Trent,
Acting Inspector General, Special Inspector
General for Afghanistan Reconstruction.
BILLING CODE 3710–L9–P
38173
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This final rule revises the regulation
for hospice periods of care. The Defense
Authorization Act for FY 1992–1993,
Public Law 102–190, directed TRICARE
to provide hospice care in the manner
and under the conditions provided in
section 1861(dd) of the Social Security
Act (42 U.S.C. 1395x(dd)). Congress’
intent was for TRICARE to establish a
benefit in the same manner as Medicare.
TRICARE originally had the same
periods of hospice care used by
Medicare; however, over time the
Medicare benefit changed, but
TRICARE’s regulation has not. The
TRICARE regulation currently provides
for an initial period of 90 days, a
subsequent period of 90 days, a second
subsequent period of 30 days, and a
final period of unlimited duration.
Rather than maintaining this level of
specificity in the regulation and to
ensure that TRICARE and Medicare’s
benefit periods are equal, we are
revising the regulation to state that the
distinct periods of care available under
the hospice benefit shall be the same as
those offered under Medicare’s hospice
program. Currently under Medicare,
patients are entitled to two 90-day
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]]>Agencies
- SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION
[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Rules and Regulations]
[Pages 38171-38173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15665]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 /
Rules and Regulations
[[Page 38171]]
SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION
5 CFR Part 9301
RIN 3460-AA00
Freedom of Information Act and Privacy Act Procedures
AGENCY: Special Inspector General for Afghanistan Reconstruction.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: On June 11, 2012 (77 FR 34179) the Special Inspector General
for Afghanistan Reconstruction published a final rule, revising its
regulations establishing procedures for the public to obtain
information from the Special Inspector General for Afghanistan
Reconstruction under the Freedom of Information Act (FOIA) and the
Privacy Act of 1974. These procedures will facilitate public
interaction with SIGAR. The June 11, 2012 final rule inadvertently
omitted several amendments in response to the public comments SIGAR
received. The purpose of this document is to make the necessary
corrections.
DATES: This final rule is effective June 27, 2012.
FOR FURTHER INFORMATION CONTACT: Kate Gastner, Public Information
Manager, at (703) 545-5993, email: mary.k.gastner.civ@mail.mil.
SUPPLEMENTARY INFORMATION:
I. Background
On January 28, 2008, the President signed into law the National
Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), which
created the Special Inspector General for Afghanistan Reconstruction
(SIGAR). In order to establish procedures to facilitate public
interaction with SIGAR, the agency is issuing final regulations under
the FOIA and the Privacy Act.
On June 11, 2012 (77 FR 34179) SIGAR published a final rule
revising its regulations, 5 CFR Chapter LXXXIII part 9301, establishing
procedures for the public to obtain information from the Special
Inspector General for Afghanistan Reconstruction under the Freedom of
Information Act (FOIA) and the Privacy Act of 1974.
Unfortunately, SIGAR inadvertently omitted several amendments which
specifically addressed several public comments the agency received
during the interim rule phase.
List of Subjects in 5 CFR Part 9301
Administrative practice and procedure, Freedom of information,
Privacy.
Accordingly, 5 CFR part 9301 is corrected by making the following
correcting amendments:
PART 9301--[AMENDED]
0
1. The authority citation for part 9301 continues to read as follows:
Authority: 5 U.S.C. 552; Pub. L. 110-175, 121 Stat. 2524 (2007);
5 U.S.C. 301 and 552; Exec. Order 12600, 52 FR 23781, 3 CFR, 1987
Comp., p. 235; Exec. Order No. 13392, 70 FR 75373-75377, 3 CFR, 2006
Comp., pp. 216-200.
0
2. Section 9301.1 is revised to read as follows:
Sec. 9301.1 In general.
This information is furnished for the guidance of the public and in
compliance with the requirements of the Freedom of Information Act
(FOIA), 5 U.S.C. 552, as amended. This subpart should be read in
conjunction with the FOIA. The Freedom of Information Act applies to
third-party requests for documents concerning the general activities of
the government and of SIGAR in particular. When a U.S. citizen or an
individual lawfully admitted for permanent residence requests access to
his or her own records, it is considered a Privacy Act request. Such
records are maintained by SIGAR under the individual's name or personal
identifier. Although requests are considered either FOIA requests for
Privacy Act requests, agencies process requests in accordance with both
laws, which provides the greatest degree of lawful access while
safeguarding an individual's privacy.
0
3. Section 9301.4 is revised to read as follows:
Sec. 9301.4 Availability of records.
SIGAR provides records to individual requesters in response to FOIA
requests. Records that are required by the FOIA to be made available
for public inspection and copying are accessible on SIGAR's Web site,
https://www.sigar.mil. SIGAR will also identify records of interest to
the public that are appropriate for public disclosure, and then post
these records.
0
4. Section 9301.6 is amended by revising paragraphs (c)(1) and (d) to
read as follows:
Sec. 9301.6 Requesting records.
* * * * *
(c) Response to requests--(1) Processing. SIGAR will provide an
individualized tracking number, and estimated date of completion, and a
brief description of the subjects of the request in an acknowledgement
letter to the requester. The FOIA Officer shall 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 once 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, either in-full or in-part, the FOIA Officer shall promptly
provide the requester written notice of the decision. The FOIA Officer
shall include with the notice both the requested records and a copy of
the decision. The notice shall also describe the procedure for filing
an appeal.
(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. SIGAR will indicate, if technically feasible, the amount of
information deleted and the exemption under which the deletion is made
at the place in the record where the deletion was made. SIGAR will also
indicate the exemption under which a deletion is made on the released
portion of the record, unless including that indication would harm an
interest protected by the exemptions. The notice
[[Page 38172]]
shall also describe the procedure for filing an appeal.
(iii) Consultations and referrals: When SIGAR receives a request
for a record in its possession, it will determine whether another
agency of the Federal Government, is better able to determine whether
the record is exempt from disclosure under the FOIA and, if so, whether
it should be disclosed as a matter of administrative discretion. If
SIGAR determines that it is best able to process the record in response
to the request, then it will do so. If SIGAR determines that it is not
best able to process the record, then it will either:
(A) Respond to the request regarding that record, after consulting
with the agency best able to determine whether to disclose it and with
any other agency that has a substantial interest in it; or
(B) Refer the responsibility for responding to the request
regarding that record to the agency that originated the record (but
only if that agency is subject to the FOIA). Ordinarily, the agency
that originated a record will be presumed to be best able to determine
whether to disclose it.
* * * * *
(d) Appeals--(1) Initiating appeals. Requesters not satisfied with
the FOIA Officer's written decision may request SIGAR's FOIA Appellate
Authority to review the decision. Appeals must be delivered in writing
within 60 days of the date of the decision and should be addressed to
the FOIA Appellate Authority, Office of Privacy, Records & Disclosure,
Special Inspector General for Afghanistan Reconstruction, 2530 Crystal
Drive, Arlington, VA 22202. As there may be delays in mail delivery, it
is advisable to Fax appeals to (703) 601-3804 or email to
sigar.pentagon.gen-coun.mbx.foia@mail.mil. An appeal shall include a
statement specifying the records that are the subject of the appeal and
explaining why the Appellate Authority should grant the appeal.
(2) Appeal decisions. The Appellate Authority shall decide the
appeal within 20 days (except Saturdays, Sundays and federal holidays)
from the date it receives the appeal. If the Appellate Authority denies
the appeal in full or part, the Appellate Authority shall promptly
notify the requester in writing of the Appellate Authority's decision
and the provisions for judicial review. If the Appellate Authority
grants 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 SIGAR assesses
under Sec. Sec. 9301.8 through 9301.10.
(3) Mediation. A response to an appeal will advise the requester
that the 2007 FOIA amendments created the Office of Government
Information Services (OGIS) to offer mediation services to resolve
disputes between FOIA requesters and Federal agencies as a non-
exclusive alternative to litigation. A requester may contact OGIS in
any of the following ways: Office of Government Information Services,
National Archives and Records Administration, 8601 Adelphi Road,
College Park, MD 20740; Email: ogis@nara.gov; Telephone: 202-741-5770;
Facsimile: 202-741-5769; Toll-free: 1-877-684-6448.
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5. Section 9301.7 is revised as follows:
Sec. 9301.7 Definitions.
For purposes of this subpart:
(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) Fee category means one of the three categories that agencies
place requesters in for the purpose of determining whether a requester
will be charged fees for search, review and duplication.
(f) Fee waiver means the waiver or reduction of processing fees if
a requester can demonstrate that certain statutory standards are
satisfied.
(g) 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.
(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.
(i) 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.
(j) 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.
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6. Section 9301.8 is amended by revising the introductory text and
paragraph (d) to read as follows:
Sec. 9301.8 Fees in general.
SIGAR shall charge reasonable fees that recoup the full allowable
direct costs it incurs in responding to FOIA requests. SIGAR will
provide an estimated amount of fees, including a breakdown of the fees
for search, review, and/or duplication. SIGAR may assess charges for
time spent searching for records even if SIGAR is unable to locate the
records or if the records are located and determined to be exempt from
disclosure. In general, SIGAR shall apply the following fee schedule,
subject to Sec. Sec. 9301.9 through 9301.11:
* * * * *
(d) Duplication. Fees for copying paper records or for printing
electronic records shall be assessed at a rate of $.10 per page. For
other types of copies such as disks or audio visual tapes, SIGAR 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.
* * * * *
0
7. Section 9301.10 is amended by revising paragraph (c) as follows:
Sec. 9301.10 Other charges.
* * * * *
(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 within a 30-
day period for the purpose of avoiding fees, the FOIA Officer shall
aggregate those requests and charge accordingly.
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8. Section 9301.11 is amended by revising paragraph (b) to read as
follows:
[[Page 38173]]
Sec. 9301.11 Payment and waiver.
* * * * *
(b) Waiver. SIGAR may waive all or part of any fee provided for in
Sec. Sec. 9301.8 through 9301.9 when the FOIA Officer deems that as a
matter of administrative discretion or 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. Requesters may request a waiver in their initial FOIA
request letter. Requests for a fee waiver should explain how the
information requested contributes to the public's understanding of the
operations or activities of the government. 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: June 21, 2012.
Steven J. Trent,
Acting Inspector General, Special Inspector General for Afghanistan
Reconstruction.
[FR Doc. 2012-15665 Filed 6-26-12; 8:45 am]
BILLING CODE 3710-L9-P
