Freedom of Information Act Administration, 19816-19820 [2014-07178]
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19816
Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Rules and Regulations
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
NADA
Product name
PEACE CORPS
099–468 1
Waynextra for Swine (tylosin
phosphate).
TYLAN Sulfa-G (tylosin phosphate and sulfamethazine).
Ban-A-Worm II (pyrantel tartrate).
22 CFR Part 303
Food and Drug Administration
131–958 1
21 CFR Parts 510 and 558
132–136 ...
[Docket No. FDA–2014–N–0002]
Withdrawal of Approval of New Animal
Drug Applications; Bambermycins;
Hygromycin B; Lincomycin; Pyrantel;
Tylosin; Tylosin and Sulfamethazine;
Virginiamycin
AGENCY:
Food and Drug Administration,
• Provimi North America, Inc., 6531
State Rte. 503, Lewisburg, OH 45338:
NADA
Proprietary name
103–089 1
TYLAN 5, 10, 20, or 40 (tylosin
phosphate).
WORM–BAN 5 or 10 (pyrantel
tartrate).
HYGROMIX 0.6 (hygromycin B).
FLAVOMYCIN
0.4
or
2
(bambermycins).
STAFAC 10 (virginiamycin).
HHS.
ACTION:
118–814 ...
Notification of withdrawal.
The Food and Drug
Administration (FDA) is withdrawing
approval of 19 new animal drug
applications (NADAs) for certain Type
A medicated articles and Type B
medicated feeds. This action is being
taken at the sponsors’ request because
these products are no longer
manufactured or marketed.
DATES: Withdrawal of approval is
effective April 21, 2014.
FOR FURTHER INFORMATION CONTACT: John
Bartkowiak, Center for Veterinary
Medicine (HFV–212), Food and Drug
Administration, 7519 Standish Pl.,
Rockville, MD 20855, 240–276–9079,
john.bartkowiak@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: The
following 5 sponsors have requested
that FDA withdraw approval of the 19
NADAs listed in the following tables
because the products are no longer
manufactured or marketed:
• ADM Alliance Nutrition, Inc., 1000
North 30th St., Quincy, IL 62305–3115:
SUMMARY:
NADA
091–582 1
108–484 1
110–045 1
110–439 1
128–411 1
133–333 1
• Virbac AH, Inc., 3200 Meacham
Blvd., Fort Worth, TX 76137:
NADA
Proprietary name
013–214 1
PURINA
HYGROMIX
(hygromycin B) for Swine.
PURINA Pork-Plus (tylosin phosphate and sulfamethazine).
PURINA Hog Plus II (tylosin
phosphate).
PURINA TYLAN 40 (tylosin)
Plus Sulfamethazine.
PURINA Check-R-Ton Ll (lincomycin hydrochloride).
042–660 1
043–387 1
099–767 1
132–574 1
Therefore, under authority delegated
to the Commissioner of Food and Drugs
and redelegated to the Center for
Veterinary Medicine, and in accordance
with § 514.116 Notice of withdrawal of
Product name
approval of application (21 CFR
Gilt Edge TYLAN (tylosin phos- 514.116), notice is given that approval
phate) Mix.
of the NADAs listed in this document,
HFA Tylosin-10 Plus Sulfa and all supplements and amendments
(tylosin
phosphate
and thereto, is hereby withdrawn.
sulfamethazine).
Elsewhere in this issue of the Federal
Good Life TYLAN 10 (tylosin
Register, FDA is amending the animal
phosphate) Premix.
HFA
HYGROMIX
0.48 drug regulations to reflect the voluntary
(hygromycin B) Medicated withdrawal of approval of these
Premix.
applications.
TYLAN 5 Sulfa (tylosin phosphate and sulfamethazine)
Premix.
• Micro Beef Technologies LTD, P.O.
Box 9262, Amarillo, TX 79105:
NADA
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127–508 1
131–413 ...
TYLAN 40 or 100 (tylosin phosphate).
[FR Doc. 2014–08010 Filed 4–9–14; 8:45 am]
BILLING CODE 4160–01–P
Product name
138–187 1
Dated: April 4, 2014.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
• Ridley USA, Inc. d/b/a Ridley Feed
Ingredients, 1609 1st Ave., P.O. Box
110, Mendota, IL 61342:
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1 The NADAs listed were identified as being
affected by guidance for industry (GFI) #213, ‘‘New
Animal Drugs and New Animal Drug Combination
Products Administered in or on Medicated Feed or
Drinking Water of Food-Producing Animals:
Recommendations for Drug Sponsors for
Voluntarily Aligning Product Use Conditions With
GFI #209’’, December 2013.
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RIN 0420–AA29
Freedom of Information Act
Administration
Peace Corps.
Final rule.
AGENCY:
ACTION:
The final rule updates Peace
Corps regulations on the Freedom of
Information Act (FOIA) to implement
guidance given by the President and the
Attorney General regarding
discretionary disclosures of records or
information exempt from disclosure
under the FOIA, whenever disclosure
would not foreseeably harm an interest
protected by a FOIA exemption. The
final rule is based on language used by
Department of Justice in its FOIA
regulations. The Peace Corps received
comments from the National Archives
and Records Administration’s Office of
Government Information Services
(OGIS).
SUMMARY:
This final rule is effective May
12, 2014.
FOR FURTHER INFORMATION CONTACT:
Anne Hughes, Office of the General
Counsel, Policy and Program Analyst,
1111 20th Street NW., Washington, DC
20526, and 202–692–2164.
SUPPLEMENTARY INFORMATION: The
revisions to the Peace Corps’ Freedom of
Information Act (‘‘FOIA’’) regulations
would incorporate the disclosure
principles contained in President
Obama’s January 21, 2009 Memorandum
regarding FOIA, the Attorney General’s
FOIA Guidelines to Favor Disclosure
and Transparency dated March 19,
2009, and the Guide to the Freedom of
Information Act promulgated by the
Department of Justice’s Office of
Information Policy. The final rule
deletes unnecessary and superfluous
language and ensures the rule is
consistent with current law. The final
rule inserts additional contact
information for the filing of initial FOIA
requests; inserts additional contact
information for the filing of
administrative appeals; and adds two
FOIA exemptions: 5 U.S.C. 552(b)8,
Contained in or related to examination,
operating, or condition reports prepared
by, on behalf of, or for the use of an
agency responsible for the regulation or
supervision of financial institutions;
and (b)9, Geological and geophysical
information and data, including maps,
concerning wells. The Peace Corps
FOIA regulations were last revised May
14, 2007 (72 FR 27055).
DATES:
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Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Rules and Regulations
Summary of Comments
The proposed rule was published for
comments (78 FR 48083, August 7,
2013). The comment period closed
September 6, 2013. The Peace Corps
received comments about the proposed
rule from the National Archives and
Records Administration’s Office of
Government Information Services
(OGIS) dated September 5, 2013. In
general, OGIS commended the Peace
Corps for updating its FOIA policies and
procedures to reflect discretionary
disclosure and to ensure consistency
with current law. In accordance with its
statutory mandate under FOIA, OGIS
reviewed and commented on the Peace
Corps’ proposed changes to the rule and
other sections of the existing rule. The
Peace Corps addresses OGIS’ comments
on the proposed rule in more detail in
the following section.
Analysis of Comments
§ 303.2
Definitions.
Comment: Suggested the Peace Corps
consider adding several terms,
including requester category and fee
waiver, to the glossary.
Response: The Peace Corps has added
the terms as suggested.
§ 303.3
Policy.
Comment: Suggested a minor edit in
the interest of clarity as noted in italics
in the following sentence: ‘‘As a matter
of policy, the Peace Corps makes
discretionary disclosures of records or
information that may be exempt from
disclosure under FOIA whenever
disclosure would not foreseeably harm
an interest protected by a FOIA
exemption, but this policy does not
create any right enforceable in court.’’
Response: The Peace Corps made the
suggested change.
§ 303.9 Exemptions for withholding
records.
Comment: Regarding subsection (b),
recommends the Peace Corps more fully
address the requirements in 5 U.S.C.
552 § (b) that agencies shall (1) indicate,
if technically feasible, the precise
amount of information deleted and the
exemption under which the deletion is
made at the place in the record where
the deletion is made, and (2) 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
exemption.
Response: The Peace Corps concluded
this comment does not require our
comment. We add the word ‘‘precise’’ as
suggested.
§ 303.10
Responsibilities and authorities.
Comment: Suggests that the agency
also provide requesters with a point of
contact within the receiving agency to
whom the requester can speak regarding
the referral.
Response: The Peace Corps has
incorporated OGIS’ suggestion in this
section.
§ 303.12
Appeals.
Comment: Suggested adding
clarifying language to this section so as
not to inadvertently indicate that FOIA
requests may be made by telephone.
Specifically, suggests the following
change, noted in italics: ‘‘Persons
submitting a request by telephone for a
record in the public reading room will
be notified whether a written request
would be advisable to aid in the
identification and expeditious
processing of the records sought.’’
Response: The Peace Corps made the
suggested change.
Comment: Subsection (a), suggest the
Peace Corps allow 30 or even 45 or 60
days for requesters to appeal. OGIS has
observed that mail screening by Federal
agencies may slow the amount of time
it takes appeals to reach their
destination. Thirty to 60 day deadlines
are in line with other Federal agencies.
Response: The Peace Corps will allow
30 days for requesters to appeal.
Comment: With regard to subsection
(b), suggests that the Peace Corps add
language in accordance with the 2007
amendments to FOIA (5 U.S.C. § 552
(h)), regarding OGIS and its services.
Response: Peace Corps has
incorporated language regarding OGIS
and its services as suggested.
§ 303.8
§ 303.13
§ 303.6 Procedures for use of public
reading room.
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request’ ’’ to ‘‘should be clearly marked
‘Freedom of Information Act request.’ ’’
Response: The Peace Corps made the
suggested change.
Comment: Regarding subsection (h),
suggested the Peace Corps provide
requesters with an individualized
tracking number and a brief description
of the subject of the request.
Response: The Peace Corps provides
an individualized tracking number to
each requester and uses brief
descriptions when appropriate. We will
update the rule to reflect this.
Requests for records.
Comment: Regarding subsection (b),
suggested changing ‘‘shall be clearly
marked ‘Freedom of Information Act
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Fees.
Comments: Regarding subsection (h),
suggest providing requesters with an
estimated amount of fees, including a
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19817
breakdown of the fees for search, review
and/or duplication. Also recommended
that the Peace Corps allow documents to
be released generally without any
charge or at a reduced charge at its
discretion and/or if disclosure of the
information is in the public 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.
Response: The Peace Corps concluded
that the comment does not require a
response or change to the final rule.
Preservation of Records and Records
Management (This Not A Section in
Current Rule)
Comment: Suggests agencies include
information about the preservation of
records and records management in its
FOIA regulations.
Response: The Peace Corps concluded
that such additional elaboration of a
program objective would be duplicative
of our current records management
policy and unnecessary.
Executive Order 12866
This regulation has been determined
to be non-significant within the
meaning of Executive Order 12866.
Regulatory Flexibility Act of 1980 (5
U.S.C. 605(b))
This regulatory action will not have a
significant adverse impact on a
substantial number of small entities.
Unfunded Mandates Act of 1995 (Sec.
202, Pub. L. 104–4)
This regulatory action does not
contain a Federal mandate that will
result in the expenditure by State, local,
and tribal governments, in aggregate, or
by the private sector, of $100 or more in
any one year.
Paperwork Reduction Act of 1995 (44
U.S.C., Chapter 35)
This regulatory action will not impose
any additional reporting or
recordkeeping requirements under the
Paperwork Reduction Act.
Federalism (Executive Order 13132)
This regulatory action does not have
Federalism implications, as set forth in
Executive Order 13132. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
List of Subjects in 22 CFR Part 303
Administrative practice and
procedure, Freedom of information.
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Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Rules and Regulations
For the reasons set out in the
preamble, the Peace Corps proposes to
amend 22 CFR Part 303 as follows:
PART 303—PROCEDURES FOR
DISCLOSURE OF INFORMATION
UNDER THE FREEDOM OF
INFORMATION ACT
1. The authority citation for part 303
continues to read as follows:
■
Authority: 5 U.S.C. 552; 22 U.S.C. 2501, et
seq.; E.O. 12137, 44 FR 29023, 3 CFR, 1979
Comp., p. 389; E.O. 12600, 52 FR 23781, 3
CFR, 1987 Comp., p. 235.
2. Amend § 303.2 by:
a. Redesignating paragraphs (d)
through (g) as paragraphs (g) through (j),
paragraph (h) as paragraph (l), and
paragraph (i) as paragraph (m);
■ b. Adding new paragraphs (d), (e), and
(f), and paragraphs (k) and (n); and
■ c. Revising newly redesignated
paragraph (h).
The revisions read as follows:
■
■
§ 303.2
Definitions.
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*
*
*
*
*
(d) Expedited processing means the
process set forth in the FOIA that allows
requesters to ask for expedited
processing of their FOIA request if they
can demonstrate a compelling need.
(e) Fee waiver means the waiver or
reduction of processing fees if a
requester can demonstrate that certain
statutory standards are satisfied
including that the information is in the
public interest and is not requested for
a commercial interest.
(f) FOIA Public Liaison means an
agency official who is responsible for
assisting in reducing delays, increasing
transparency and understanding of the
status of requests, and assisting in the
resolution of disputes.
*
*
*
*
*
(h) OIG records means those records
as defined generally in this section
which originated with or are in the
possession and control of the Office of
Inspector General (OIG) of the Peace
Corps which have been compiled for
law enforcement, audit, and
investigative functions and/or any other
purpose authorized under the IG Act of
1978, as amended.
*
*
*
*
*
(k) Requester 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, including commercial
requesters; non-commercial scientific or
educational institutions or news media
requesters, and all other requesters.
*
*
*
*
*
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(n) Submitter means any person or
entity providing potentially confidential
commercial information to an agency,
which information may be subject to a
FOIA request. The term submitter
includes, but is not limited to,
individuals, corporations, state
governments, and foreign governments.
*
*
*
*
*
■ 3. Revise § 303.3 to read as follows:
§ 303.3
Policy.
The Peace Corps will make its records
concerning its operations, activities, and
business available to the public
consistent with the requirements of the
FOIA. As a matter of policy, the Peace
Corps makes discretionary disclosures
of records or information that may be
exempt from disclosure under the FOIA
whenever disclosure would not
foreseeably harm an interest protected
by a FOIA exemption, but this policy
does not create any right enforceable in
court.
■ 4. Amend § 303.5 by:
■ a. Revising paragraphs (a), (b)
introductory text, and (d); and
■ b. Removing paragraph (e).
The revisions read as follows:
§ 303.5
Public reading room.
(a) The Peace Corps maintains a
public reading room at its headquarters
at 1111 20th Street NW., Washington DC
20526. This room is supervised and is
open to the public during Peace Corps’
regular business hours for inspecting
and copying records described in
paragraph (b) of this section.
(b) Subject to the limitation stated in
paragraph (c) of this section, the Peace
Corps makes the following records
available in the public reading room:
*
*
*
*
*
(d) Electronic reading room. Records
required by the FOIA to be maintained
and made available in the public
reading room created by the Peace Corps
on or after November 1, 1996, are made
available electronically on the Peace
Corps Web site at https://
www.peacecorps.gov.
■
5. Revise § 303.6 to read as follows:
§ 303.6 Procedures for use of public
reading room.
Any member of the public may
inspect or copy records described in
§ 303.5(b) in the public reading room
during regular business hours. Because
it will sometimes be impossible to
produce records or copies of records on
short notice, a person who wishes to
inspect or copy records shall arrange a
time in advance, by telephone or letter
request made to the Peace Corps FOIA
Officer. Persons submitting a request by
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telephone for a record in the public
reading room will be notified whether a
written request would be advisable to
aid in the identification and expeditious
processing of the records sought.
Written requests should identify the
records sought in the manner described
in § 303.8(b) and should request a
specific date for inspecting the records.
The requester will be advised as
promptly as possible if, for any reason,
it may not be possible to make the
records sought available on the date
requested.
6. Amend § 303.8 by revising
paragraphs (a), (b), (c), (h)(1), and
(l)(1)(iv) to read as follows:
■
§ 303.8
Requests for records.
(a) Except for records required by the
FOIA to be published in the Federal
Register or to be made available in the
public reading room, the Peace Corps
will make its records promptly
available, upon request, to any person in
accordance with this section, unless it is
determined that such records should be
withheld and are exempt from
mandatory disclosure under the FOIA.
(b) Requests. Requests for records
under this section shall be made in
writing via regular mail, email,
facsimile, or online web portal and, as
applicable, the envelope and the letter
or other form of request should be
clearly marked ‘‘Freedom of Information
Request.’’ All requests shall be
addressed to the FOIA Officer. Requests
by letter shall use the address given in
§ 303.5(a). Requests by email must be
sent to the FOIA electronic mailbox,
foia@peacecorps.gov. Regarding
requests submitted via online web
portal (accessible on the agency Web
site, www.peacecorps.gov), requesters
shall fill in all of the fields as required.
Any request not marked and addressed
as specified in this paragraph will be so
marked by Peace Corps personnel as
soon as the request is properly
identified. The request will be
forwarded immediately to the FOIA
Officer. A request improperly addressed
will not be deemed to have been
received for purposes of the time period
set out in paragraph (h) of this section
until it has been received by the FOIA
Officer. Upon receipt of an improperly
addressed request, the FOIA Officer
shall notify the requester of the date on
which the time period began. Requests
by letter shall be stamped ‘‘received’’ on
the date received by the FOIA Office.
Requests by email shall be ‘‘received’’
on the date the email arrived, if a
business day, or on the next business
day. Requests by online web portal will
be entered automatically in the FOIA
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tracking system. Requests sent via mail
or email will be entered manually in the
FOIA tracking system. Requesters may
utilize the online web portal for purpose
of checking status of requests (open/
closed) for requests from all sources.
(c) A request must reasonably
describe the records requested so that
employees of the Peace Corps who are
familiar with the subject area of the
request are able, with a reasonable
amount of effort, to determine which
particular records are within the scope
of the request. If it is determined that a
request does not reasonably describe the
records sought, the requester shall be so
informed and provided an opportunity
to confer with Peace Corps personnel in
order to attempt to reformulate the
request in a manner that will meet the
needs of the requester and the
requirements of this paragraph (c). If the
Agency cannot identify the requested
records after a 2 hour search, it may
determine that the records were not
adequately described and ask the
requester to provide a more specific
request.
*
*
*
*
*
(h) Initial response/delays. (1) The
FOIA Officer, upon request for any
records made in accordance with this
section, except in the case of a request
for OIG records, shall assign a tracking
number to each individual request and
send an acknowledgement letter or
email to each requester. The
acknowledgement letter or email will
inform the requester of the assigned
tracking number. The FOIA Officer will
make an initial determination of
whether to comply with or deny such
request and dispatch such
determination to the requester within 20
business days after receipt of such
request. Peace Corps will acknowledge
all FOIA requests within 20 working
days, except for unusual circumstances,
in which case the time limit may be
extended for up to 10 business 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.
*
*
*
*
*
(l) * * *
(1) * * *
(iv) A matter of widespread and
exceptional media interest in which
there exist possible questions about the
Peace Corps’ or the Federal
government’s integrity which affect
public confidence.
*
*
*
*
*
■ 6. Amend § 303.9 by adding
paragraphs (a)(8) and (9) and revising
paragraph (b) to read as follows:
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§ 303.9 Exemptions for withholding
records.
(a) * * *
(8) Contained in or related to
examination, operating, or condition
reports prepared by, on behalf of, or for
the use of an agency responsible for the
regulation or supervision of financial
institutions; or
(9) Geological and geophysical
information and data, including maps,
concerning wells.
(b) In the event that one or more of the
above 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
Peace Corps shall indicate, if technically
feasible, the precise amount of
information deleted and the exemption
under which the deletion is made at the
place in the record where the deletion
is made, and 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 exemption.
At the discretion of the Peace Corps
officials authorized to grant or deny a
request for records, it may be possible
to provide a requester with:
(1) A summary of information in the
exempt portion of a record; or
(2) An oral description of the exempt
portion of a record.
*
*
*
*
*
■ 7. Amend § 303.10 by revising
paragraphs (a), (c)(1)(i) and (ii), (c)(2)(ii),
and (c)(3) to read as follows:
§ 303.10
Responsibilities and authorities.
(a) Legal counsel. The General
Counsel (GC) shall furnish legal advice
to Peace Corps officials and staff as to
their obligations under this part and
shall take such other actions as may be
necessary or appropriate to assure a
consistent and equitable application of
the provisions of this part by and within
the Peace Corps. The OIG Legal Counsel
will coordinate with GC, as appropriate
and necessary, when furnishing legal
advice to the OIG FOIA Officer and
Inspector General.
*
*
*
*
*
(c) * * *
(1) * * *
(i) Consult with the other agency
before responding to the request; or
(ii) Refer the responsibility for
responding to the request for the record
to the other agency (but only if the
agency is subject to FOIA). Ordinarily,
the agency that originated a record will
be presumed to be best able to
determine whether to disclose it.
(2) * * *
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19819
(ii) Whenever a request is made for a
record containing information that has
been classified by another agency or
may be appropriate for classification
under Executive Order 13525 or any
other executive order concerning the
classification of records, the Peace
Corps shall refer the responsibility for
responding to the request regarding that
information to the agency that classified
the information, should consider the
information for classification, or has the
primary interest in the information, as
appropriate.
(3) Notice of referral. Whenever the
Peace Corps refers all or any part of the
responsibility for responding to a
request to another agency, it ordinarily
shall notify the requester of the referral
and inform the requester of the name of
the agency to which the request has
been referred and the part of the request
that has been referred and provide the
requester with a point of contact within
the receiving agency to whom the
requester can speak regarding the
referral.
*
*
*
*
*
■ 8. Amend § 303.12 by:
■ a. Revising paragraph (a);
■ b. Redesignating paragraph (b) as
paragraph (c); and
■ c. Adding new paragraph (b).
The addition read as follows.
§ 303.12
Appeals.
*
*
*
*
*
(a) Any person whose written request
has been denied is entitled to appeal the
denial within 30 business days by
writing to the Associate Director of the
Office of Management or, in the case of
a denial of a request for OIG Records,
the Inspector General, at the address
given in 303.5(a). An appeal need not be
in any particular form, but should
adequately identify the denial, if
possible, by describing the requested
record, identifying the official who
issued the denial, and providing the
date on which the denial was issued. If
the appeal is sent via mail, the envelope
and the letter should be clearly marked
‘‘Freedom of Information Appeal’’ and
the appeal shall be addressed to the
Associate Director, Office of
Management. Appeals by letter shall use
the address given in § 303.5(a). Appeals
are accepted via email. Appeals by
email must be sent to the FOIA
electronic mailbox, foia@
peacecorps.gov. In appeals submitted
via online web portal (accessible on the
agency Web site, www.peacecorps.gov),
requesters shall fill in all of the fields as
required. Appeals by online web portal
will be entered automatically in the
FOIA tracking system. Persons
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submitting an appeal may utilize the
online web portal for purpose of
checking status of requests (open/
closed) for requests from all sources.
(b) 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—OGIS, College Park,
MD 20740, ogis.archives.gov, Email:
ogis@nara.gov, Telephone: 202–741–
5770, Facsimile: 202–741–5769, Tollfree: 1–877–684–6448.
*
*
*
*
*
9. Amend § 303.13 by revising
paragraph (b) to read as follows:
■
§ 303.13
Fees.
*
*
*
*
*
(b) For each commercial use request,
fees will be limited to reasonable
standard charges for document search,
review, and duplication.
*
*
*
*
*
10. Amend § 303.14 by revising
paragraphs (a)(5)(i) and (ii) to read as
follows:
■
§ 303.14 Procedures for responding to a
subpoena.
ehiers on DSK2VPTVN1PROD with RULES
(a) * * *
(5) * * *
(i) Congressional requests or
subpoenas for testimony or documents;
(ii) Employees or former employees
making appearances solely in their
private capacity in legal or
administrative proceedings that do not
relate to the Agency (such as cases
arising out of traffic accidents or
domestic relations). Any question
regarding whether the appearance
relates solely to the employee’s or
former employee’s private capacity
should be referred to the Office of the
General Counsel.
*
*
*
*
*
Dated: March 25, 2014.
Garry W. Stanberry,
Deputy Associate Director, Management.
[FR Doc. 2014–07178 Filed 4–9–14; 8:45 am]
BILLING CODE 6051–01–P
VerDate Mar<15>2010
15:09 Apr 09, 2014
Jkt 232001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2012–0942; FRL–9908–23–
Region 10]
Approval and Promulgation of
Implementation Plans; State of Alaska;
Revised Format of 40 CFR Part 52 for
Materials Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
The Environmental Protection
Agency (EPA) is revising the format for
materials submitted by the State of
Alaska that are incorporated by
reference (IBR) into the Alaska State
Implementation Plan (SIP). The
regulations affected by this format
change have all been previously
submitted by Alaska and approved by
the EPA. This format revision will
primarily affect the ‘‘Identification of
plan’’ section, as well as the format of
the SIP materials that will be available
for public inspection at the National
Archives and Records Administration
(NARA), the Air and Radiation Docket
and Information Center located at the
EPA Headquarters in Washington, DC,
and the EPA Regional Office. The EPA
is also adding a table in the
‘‘Identification of plan’’ section which
summarizes the approval actions that
the EPA has taken on the non-regulatory
and quasi-regulatory portions of the
Alaska SIP.
DATES: This action is effective April 10,
2014.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations:
• US Environmental Protection
Agency, Region 10, Office of Air, Waste,
and Toxics (OAWT–107), 1200 Sixth
Avenue, Seattle, Washington 98101;
• Air and Radiation Docket and
Information Center, EPA Headquarters
Library, Infoterra Room (Room Number
3334), EPA West Building, 1301
Constitution Ave. NW., Washington, DC
20460; and
• National Archives and Records
Administration (NARA).
If you wish to obtain materials from
a docket in the EPA Headquarters
Library, please call the Office of Air and
Radiation (OAR) Docket/Telephone
number: 202–566–1742. For information
on the availability of this material at
NARA, call 202–741–6030, or go to:
https://www.archives.gov/federalregister/cfr/ibr-locations.html.
SUMMARY:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Kristin Hall, EPA Region 10, (206) 553–
6357, hall.kristin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Information is organized as follows:
Table of Contents
I. Background
A. What a SIP Is
B. How the EPA Enforces SIPs
C. How the State and the EPA Update the
SIP
D. How the EPA Compiles the SIPs
E. How the EPA Organizes the SIP
Compilation
F. Where You Can Find a Copy of the SIP
Compilation
G. The Format of the New Identification of
Plan Section
H. When a SIP Revision Becomes Federally
Enforceable
I. The Historical Record of SIP Revision
Approvals
II. What the EPA Is Doing in This Action
III. Statutory and Executive Order Review
I. Background
A. What a SIP Is
Each state has a SIP containing the
control measures and strategies used to
attain and maintain the national
ambient air quality standards (NAAQS).
The SIP is extensive, containing such
elements as air pollution control
regulations, emission inventories,
monitoring network, attainment
demonstrations, and enforcement
mechanisms.
B. How the EPA Enforces SIPs
Each state must formally adopt the
control measures and strategies in the
SIP after the public has had an
opportunity to comment on them. They
are then submitted to the EPA as SIP
revisions upon which the EPA must
formally act. Once these control
measures and strategies are approved by
the EPA, after notice and comment, they
are incorporated into the Federallyapproved SIP and are identified in part
52 (Approval and Promulgation of
Implementation Plans), title 40 of the
Code of Federal Regulations (40 CFR
part 52). The actual state regulations
approved by the EPA are not
reproduced in their entirety in 40 CFR
part 52, but are ‘‘incorporated by
reference’’ (IBR’d) which means that the
EPA has approved a given state
regulation with a specific effective date.
This format allows both the EPA and the
public to know which measures are
contained in a given SIP and ensures
that the state is enforcing the
regulations. It also allows the EPA and
the public to take enforcement action,
E:\FR\FM\10APR1.SGM
10APR1
]]>Agencies
[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Rules and Regulations]
[Pages 19816-19820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07178]
-----------------------------------------------------------------------
PEACE CORPS
22 CFR Part 303
RIN 0420-AA29
Freedom of Information Act Administration
AGENCY: Peace Corps.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The final rule updates Peace Corps regulations on the Freedom
of Information Act (FOIA) to implement guidance given by the President
and the Attorney General regarding discretionary disclosures of records
or information exempt from disclosure under the FOIA, whenever
disclosure would not foreseeably harm an interest protected by a FOIA
exemption. The final rule is based on language used by Department of
Justice in its FOIA regulations. The Peace Corps received comments from
the National Archives and Records Administration's Office of Government
Information Services (OGIS).
DATES: This final rule is effective May 12, 2014.
FOR FURTHER INFORMATION CONTACT: Anne Hughes, Office of the General
Counsel, Policy and Program Analyst, 1111 20th Street NW., Washington,
DC 20526, and 202-692-2164.
SUPPLEMENTARY INFORMATION: The revisions to the Peace Corps' Freedom of
Information Act (``FOIA'') regulations would incorporate the disclosure
principles contained in President Obama's January 21, 2009 Memorandum
regarding FOIA, the Attorney General's FOIA Guidelines to Favor
Disclosure and Transparency dated March 19, 2009, and the Guide to the
Freedom of Information Act promulgated by the Department of Justice's
Office of Information Policy. The final rule deletes unnecessary and
superfluous language and ensures the rule is consistent with current
law. The final rule inserts additional contact information for the
filing of initial FOIA requests; inserts additional contact information
for the filing of administrative appeals; and adds two FOIA exemptions:
5 U.S.C. 552(b)8, Contained in or related to examination, operating, or
condition reports prepared by, on behalf of, or for the use of an
agency responsible for the regulation or supervision of financial
institutions; and (b)9, Geological and geophysical information and
data, including maps, concerning wells. The Peace Corps FOIA
regulations were last revised May 14, 2007 (72 FR 27055).
[[Page 19817]]
Summary of Comments
The proposed rule was published for comments (78 FR 48083, August
7, 2013). The comment period closed September 6, 2013. The Peace Corps
received comments about the proposed rule from the National Archives
and Records Administration's Office of Government Information Services
(OGIS) dated September 5, 2013. In general, OGIS commended the Peace
Corps for updating its FOIA policies and procedures to reflect
discretionary disclosure and to ensure consistency with current law. In
accordance with its statutory mandate under FOIA, OGIS reviewed and
commented on the Peace Corps' proposed changes to the rule and other
sections of the existing rule. The Peace Corps addresses OGIS' comments
on the proposed rule in more detail in the following section.
Analysis of Comments
Sec. 303.2 Definitions.
Comment: Suggested the Peace Corps consider adding several terms,
including requester category and fee waiver, to the glossary.
Response: The Peace Corps has added the terms as suggested.
Sec. 303.3 Policy.
Comment: Suggested a minor edit in the interest of clarity as noted
in italics in the following sentence: ``As a matter of policy, the
Peace Corps makes discretionary disclosures of records or information
that may be exempt from disclosure under FOIA whenever disclosure would
not foreseeably harm an interest protected by a FOIA exemption, but
this policy does not create any right enforceable in court.''
Response: The Peace Corps made the suggested change.
Sec. 303.6 Procedures for use of public reading room.
Comment: Suggested adding clarifying language to this section so as
not to inadvertently indicate that FOIA requests may be made by
telephone. Specifically, suggests the following change, noted in
italics: ``Persons submitting a request by telephone for a record in
the public reading room will be notified whether a written request
would be advisable to aid in the identification and expeditious
processing of the records sought.''
Response: The Peace Corps made the suggested change.
Sec. 303.8 Requests for records.
Comment: Regarding subsection (b), suggested changing ``shall be
clearly marked `Freedom of Information Act request' '' to ``should be
clearly marked `Freedom of Information Act request.' ''
Response: The Peace Corps made the suggested change.
Comment: Regarding subsection (h), suggested the Peace Corps
provide requesters with an individualized tracking number and a brief
description of the subject of the request.
Response: The Peace Corps provides an individualized tracking
number to each requester and uses brief descriptions when appropriate.
We will update the rule to reflect this.
Sec. 303.9 Exemptions for withholding records.
Comment: Regarding subsection (b), recommends the Peace Corps more
fully address the requirements in 5 U.S.C. 552 Sec. (b) that agencies
shall (1) indicate, if technically feasible, the precise amount of
information deleted and the exemption under which the deletion is made
at the place in the record where the deletion is made, and (2) 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 exemption.
Response: The Peace Corps concluded this comment does not require
our comment. We add the word ``precise'' as suggested.
Sec. 303.10 Responsibilities and authorities.
Comment: Suggests that the agency also provide requesters with a
point of contact within the receiving agency to whom the requester can
speak regarding the referral.
Response: The Peace Corps has incorporated OGIS' suggestion in this
section.
Sec. 303.12 Appeals.
Comment: Subsection (a), suggest the Peace Corps allow 30 or even
45 or 60 days for requesters to appeal. OGIS has observed that mail
screening by Federal agencies may slow the amount of time it takes
appeals to reach their destination. Thirty to 60 day deadlines are in
line with other Federal agencies.
Response: The Peace Corps will allow 30 days for requesters to
appeal.
Comment: With regard to subsection (b), suggests that the Peace
Corps add language in accordance with the 2007 amendments to FOIA (5
U.S.C. Sec. 552 (h)), regarding OGIS and its services.
Response: Peace Corps has incorporated language regarding OGIS and
its services as suggested.
Sec. 303.13 Fees.
Comments: Regarding subsection (h), suggest providing requesters
with an estimated amount of fees, including a breakdown of the fees for
search, review and/or duplication. Also recommended that the Peace
Corps allow documents to be released generally without any charge or at
a reduced charge at its discretion and/or if disclosure of the
information is in the public 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.
Response: The Peace Corps concluded that the comment does not
require a response or change to the final rule.
Preservation of Records and Records Management (This Not A Section in
Current Rule)
Comment: Suggests agencies include information about the
preservation of records and records management in its FOIA regulations.
Response: The Peace Corps concluded that such additional
elaboration of a program objective would be duplicative of our current
records management policy and unnecessary.
Executive Order 12866
This regulation has been determined to be non-significant within
the meaning of Executive Order 12866.
Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))
This regulatory action will not have a significant adverse impact
on a substantial number of small entities.
Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4)
This regulatory action does not contain a Federal mandate that will
result in the expenditure by State, local, and tribal governments, in
aggregate, or by the private sector, of $100 or more in any one year.
Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35)
This regulatory action will not impose any additional reporting or
recordkeeping requirements under the Paperwork Reduction Act.
Federalism (Executive Order 13132)
This regulatory action does not have Federalism implications, as
set forth in Executive Order 13132. It will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
List of Subjects in 22 CFR Part 303
Administrative practice and procedure, Freedom of information.
[[Page 19818]]
For the reasons set out in the preamble, the Peace Corps proposes
to amend 22 CFR Part 303 as follows:
PART 303--PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE
FREEDOM OF INFORMATION ACT
0
1. The authority citation for part 303 continues to read as follows:
Authority: 5 U.S.C. 552; 22 U.S.C. 2501, et seq.; E.O. 12137, 44
FR 29023, 3 CFR, 1979 Comp., p. 389; E.O. 12600, 52 FR 23781, 3 CFR,
1987 Comp., p. 235.
0
2. Amend Sec. 303.2 by:
0
a. Redesignating paragraphs (d) through (g) as paragraphs (g) through
(j), paragraph (h) as paragraph (l), and paragraph (i) as paragraph
(m);
0
b. Adding new paragraphs (d), (e), and (f), and paragraphs (k) and (n);
and
0
c. Revising newly redesignated paragraph (h).
The revisions read as follows:
Sec. 303.2 Definitions.
* * * * *
(d) Expedited processing means the process set forth in the FOIA
that allows requesters to ask for expedited processing of their FOIA
request if they can demonstrate a compelling need.
(e) Fee waiver means the waiver or reduction of processing fees if
a requester can demonstrate that certain statutory standards are
satisfied including that the information is in the public interest and
is not requested for a commercial interest.
(f) FOIA Public Liaison means an agency official who is responsible
for assisting in reducing delays, increasing transparency and
understanding of the status of requests, and assisting in the
resolution of disputes.
* * * * *
(h) OIG records means those records as defined generally in this
section which originated with or are in the possession and control of
the Office of Inspector General (OIG) of the Peace Corps which have
been compiled for law enforcement, audit, and investigative functions
and/or any other purpose authorized under the IG Act of 1978, as
amended.
* * * * *
(k) Requester 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,
including commercial requesters; non-commercial scientific or
educational institutions or news media requesters, and all other
requesters.
* * * * *
(n) Submitter means any person or entity providing potentially
confidential commercial information to an agency, which information may
be subject to a FOIA request. The term submitter includes, but is not
limited to, individuals, corporations, state governments, and foreign
governments.
* * * * *
0
3. Revise Sec. 303.3 to read as follows:
Sec. 303.3 Policy.
The Peace Corps will make its records concerning its operations,
activities, and business available to the public consistent with the
requirements of the FOIA. As a matter of policy, the Peace Corps makes
discretionary disclosures of records or information that may be exempt
from disclosure under the FOIA whenever disclosure would not
foreseeably harm an interest protected by a FOIA exemption, but this
policy does not create any right enforceable in court.
0
4. Amend Sec. 303.5 by:
0
a. Revising paragraphs (a), (b) introductory text, and (d); and
0
b. Removing paragraph (e).
The revisions read as follows:
Sec. 303.5 Public reading room.
(a) The Peace Corps maintains a public reading room at its
headquarters at 1111 20th Street NW., Washington DC 20526. This room is
supervised and is open to the public during Peace Corps' regular
business hours for inspecting and copying records described in
paragraph (b) of this section.
(b) Subject to the limitation stated in paragraph (c) of this
section, the Peace Corps makes the following records available in the
public reading room:
* * * * *
(d) Electronic reading room. Records required by the FOIA to be
maintained and made available in the public reading room created by the
Peace Corps on or after November 1, 1996, are made available
electronically on the Peace Corps Web site at https://www.peacecorps.gov.
0
5. Revise Sec. 303.6 to read as follows:
Sec. 303.6 Procedures for use of public reading room.
Any member of the public may inspect or copy records described in
Sec. 303.5(b) in the public reading room during regular business
hours. Because it will sometimes be impossible to produce records or
copies of records on short notice, a person who wishes to inspect or
copy records shall arrange a time in advance, by telephone or letter
request made to the Peace Corps FOIA Officer. Persons submitting a
request by telephone for a record in the public reading room will be
notified whether a written request would be advisable to aid in the
identification and expeditious processing of the records sought.
Written requests should identify the records sought in the manner
described in Sec. 303.8(b) and should request a specific date for
inspecting the records. The requester will be advised as promptly as
possible if, for any reason, it may not be possible to make the records
sought available on the date requested.
0
6. Amend Sec. 303.8 by revising paragraphs (a), (b), (c), (h)(1), and
(l)(1)(iv) to read as follows:
Sec. 303.8 Requests for records.
(a) Except for records required by the FOIA to be published in the
Federal Register or to be made available in the public reading room,
the Peace Corps will make its records promptly available, upon request,
to any person in accordance with this section, unless it is determined
that such records should be withheld and are exempt from mandatory
disclosure under the FOIA.
(b) Requests. Requests for records under this section shall be made
in writing via regular mail, email, facsimile, or online web portal
and, as applicable, the envelope and the letter or other form of
request should be clearly marked ``Freedom of Information Request.''
All requests shall be addressed to the FOIA Officer. Requests by letter
shall use the address given in Sec. 303.5(a). Requests by email must
be sent to the FOIA electronic mailbox, foia@peacecorps.gov. Regarding
requests submitted via online web portal (accessible on the agency Web
site, www.peacecorps.gov), requesters shall fill in all of the fields
as required. Any request not marked and addressed as specified in this
paragraph will be so marked by Peace Corps personnel as soon as the
request is properly identified. The request will be forwarded
immediately to the FOIA Officer. A request improperly addressed will
not be deemed to have been received for purposes of the time period set
out in paragraph (h) of this section until it has been received by the
FOIA Officer. Upon receipt of an improperly addressed request, the FOIA
Officer shall notify the requester of the date on which the time period
began. Requests by letter shall be stamped ``received'' on the date
received by the FOIA Office. Requests by email shall be ``received'' on
the date the email arrived, if a business day, or on the next business
day. Requests by online web portal will be entered automatically in the
FOIA
[[Page 19819]]
tracking system. Requests sent via mail or email will be entered
manually in the FOIA tracking system. Requesters may utilize the online
web portal for purpose of checking status of requests (open/closed) for
requests from all sources.
(c) A request must reasonably describe the records requested so
that employees of the Peace Corps who are familiar with the subject
area of the request are able, with a reasonable amount of effort, to
determine which particular records are within the scope of the request.
If it is determined that a request does not reasonably describe the
records sought, the requester shall be so informed and provided an
opportunity to confer with Peace Corps personnel in order to attempt to
reformulate the request in a manner that will meet the needs of the
requester and the requirements of this paragraph (c). If the Agency
cannot identify the requested records after a 2 hour search, it may
determine that the records were not adequately described and ask the
requester to provide a more specific request.
* * * * *
(h) Initial response/delays. (1) The FOIA Officer, upon request for
any records made in accordance with this section, except in the case of
a request for OIG records, shall assign a tracking number to each
individual request and send an acknowledgement letter or email to each
requester. The acknowledgement letter or email will inform the
requester of the assigned tracking number. The FOIA Officer will make
an initial determination of whether to comply with or deny such request
and dispatch such determination to the requester within 20 business
days after receipt of such request. Peace Corps will acknowledge all
FOIA requests within 20 working days, except for unusual circumstances,
in which case the time limit may be extended for up to 10 business 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.
* * * * *
(l) * * *
(1) * * *
(iv) A matter of widespread and exceptional media interest in which
there exist possible questions about the Peace Corps' or the Federal
government's integrity which affect public confidence.
* * * * *
0
6. Amend Sec. 303.9 by adding paragraphs (a)(8) and (9) and revising
paragraph (b) to read as follows:
Sec. 303.9 Exemptions for withholding records.
(a) * * *
(8) Contained in or related to examination, operating, or condition
reports prepared by, on behalf of, or for the use of an agency
responsible for the regulation or supervision of financial
institutions; or
(9) Geological and geophysical information and data, including
maps, concerning wells.
(b) In the event that one or more of the above 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 Peace Corps shall indicate, if
technically feasible, the precise amount of information deleted and the
exemption under which the deletion is made at the place in the record
where the deletion is made, and 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
exemption. At the discretion of the Peace Corps officials authorized to
grant or deny a request for records, it may be possible to provide a
requester with:
(1) A summary of information in the exempt portion of a record; or
(2) An oral description of the exempt portion of a record.
* * * * *
0
7. Amend Sec. 303.10 by revising paragraphs (a), (c)(1)(i) and (ii),
(c)(2)(ii), and (c)(3) to read as follows:
Sec. 303.10 Responsibilities and authorities.
(a) Legal counsel. The General Counsel (GC) shall furnish legal
advice to Peace Corps officials and staff as to their obligations under
this part and shall take such other actions as may be necessary or
appropriate to assure a consistent and equitable application of the
provisions of this part by and within the Peace Corps. The OIG Legal
Counsel will coordinate with GC, as appropriate and necessary, when
furnishing legal advice to the OIG FOIA Officer and Inspector General.
* * * * *
(c) * * *
(1) * * *
(i) Consult with the other agency before responding to the request;
or
(ii) Refer the responsibility for responding to the request for the
record to the other agency (but only if the agency is subject to FOIA).
Ordinarily, the agency that originated a record will be presumed to be
best able to determine whether to disclose it.
(2) * * *
(ii) Whenever a request is made for a record containing information
that has been classified by another agency or may be appropriate for
classification under Executive Order 13525 or any other executive order
concerning the classification of records, the Peace Corps shall refer
the responsibility for responding to the request regarding that
information to the agency that classified the information, should
consider the information for classification, or has the primary
interest in the information, as appropriate.
(3) Notice of referral. Whenever the Peace Corps refers all or any
part of the responsibility for responding to a request to another
agency, it ordinarily shall notify the requester of the referral and
inform the requester of the name of the agency to which the request has
been referred and the part of the request that has been referred and
provide the requester with a point of contact within the receiving
agency to whom the requester can speak regarding the referral.
* * * * *
0
8. Amend Sec. 303.12 by:
0
a. Revising paragraph (a);
0
b. Redesignating paragraph (b) as paragraph (c); and
0
c. Adding new paragraph (b).
The addition read as follows.
Sec. 303.12 Appeals.
* * * * *
(a) Any person whose written request has been denied is entitled to
appeal the denial within 30 business days by writing to the Associate
Director of the Office of Management or, in the case of a denial of a
request for OIG Records, the Inspector General, at the address given in
303.5(a). An appeal need not be in any particular form, but should
adequately identify the denial, if possible, by describing the
requested record, identifying the official who issued the denial, and
providing the date on which the denial was issued. If the appeal is
sent via mail, the envelope and the letter should be clearly marked
``Freedom of Information Appeal'' and the appeal shall be addressed to
the Associate Director, Office of Management. Appeals by letter shall
use the address given in Sec. 303.5(a). Appeals are accepted via
email. Appeals by email must be sent to the FOIA electronic mailbox,
foia@peacecorps.gov. In appeals submitted via online web portal
(accessible on the agency Web site, www.peacecorps.gov), requesters
shall fill in all of the fields as required. Appeals by online web
portal will be entered automatically in the FOIA tracking system.
Persons
[[Page 19820]]
submitting an appeal may utilize the online web portal for purpose of
checking status of requests (open/closed) for requests from all
sources.
(b) 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--OGIS, College Park, MD
20740, ogis.archives.gov, Email: ogis@nara.gov, Telephone: 202-741-
5770, Facsimile: 202-741-5769, Toll-free: 1-877-684-6448.
* * * * *
0
9. Amend Sec. 303.13 by revising paragraph (b) to read as follows:
Sec. 303.13 Fees.
* * * * *
(b) For each commercial use request, fees will be limited to
reasonable standard charges for document search, review, and
duplication.
* * * * *
0
10. Amend Sec. 303.14 by revising paragraphs (a)(5)(i) and (ii) to
read as follows:
Sec. 303.14 Procedures for responding to a subpoena.
(a) * * *
(5) * * *
(i) Congressional requests or subpoenas for testimony or documents;
(ii) Employees or former employees making appearances solely in
their private capacity in legal or administrative proceedings that do
not relate to the Agency (such as cases arising out of traffic
accidents or domestic relations). Any question regarding whether the
appearance relates solely to the employee's or former employee's
private capacity should be referred to the Office of the General
Counsel.
* * * * *
Dated: March 25, 2014.
Garry W. Stanberry,
Deputy Associate Director, Management.
[FR Doc. 2014-07178 Filed 4-9-14; 8:45 am]
BILLING CODE 6051-01-P
