Availability of Records, 9129-9131 [2017-02239]
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Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
2. Certification of qualifying status as a cogeneration facility. (18 CFR 381.505(a)) ...................................................................
9129
24,960
* This fee has not been changed.
AFRICAN DEVELOPMENT
FOUNDATION
Anton C. Porter,
Executive Director.
1. The authority citation for part 381
continues to read as follows:
■
Authority: 15 U.S.C. 717–717w; 16 U.S.C.
791–828c, 2601–2645; 31 U.S.C. 9701; 42
U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App.
U.S.C. 1–85.
[Amended]
2. In § 381.302, paragraph (a) is
amended by removing ‘‘$ 24,980’’ and
adding ‘‘$ 25,640’’ in its place.
■
[Amended]
3. In § 381.303, paragraph (a) is
amended by removing ‘‘$ 36,460’’ and
adding ‘‘$ 37,430’’ in its place.
■
§ 381.304
[Amended]
4. In § 381.304, paragraph (a) is
amended by removing ‘‘$ 19,120’’ and
adding ‘‘$ 19,630’’ in its place.
■
§ 381.305
[Amended]
5. In § 381.305, paragraph (a) is
amended by removing ‘‘$ 7,160’’ and
adding ‘‘$ 7,350’’ in its place.
[Amended]
6. Section 381.403 is amended by
removing ‘‘$ 12,430’’ and adding ‘‘$
12,760’’ in its place.
■
§ 381.505
[Amended]
asabaliauskas on DSK3SPTVN1PROD with RULES
Section 1502.7
This final rule is effective April
4, 2017.
FOR FURTHER INFORMATION CONTACT: June
B. Brown, 202–233–8882.
SUPPLEMENTARY INFORMATION:
Section 1502.8
The rule amends § 1502.9 to revise
paragraphs (a), (b), and (c), and to add
paragraphs (d) and (e) to read as set
forth in the regulatory text.
DATES:
The U.S. African Development
Foundation (USADF) is revising its
regulations on the availability of records
under the Freedom of Information Act
(FOIA), 5 U.S.C. 552, to conform to
requirements of the FOIA Improvement
Act of 2016, Public Law 114–185, and
to make minor technical amendments
and corrections to the regulations.
II. Section-by-Section Analysis
In § 1502.1(a) the rule adds ‘‘United
States’’ before ‘‘African Development
Foundation’’, adds ‘‘(FOIA)’’ after
‘‘Freedom of Information Act’’, and
otherwise revises the section to read as
set forth in the regulatory text.
In § 1502.1(c) the rule removes
‘‘Director of Administration and
Finance (A&F)’’ and adds in its place
‘‘Chief FOIA Officer’’.
Section 1502.2
7. In § 381.505, paragraph (a) is
amended by removing ‘‘$ 21,480’’ and
adding ‘‘$ 22,050’’ in its place and by
removing ‘‘$ 24,310’’ and adding ‘‘$
24,960’’ in its place.
■
[FR Doc. 2017–02308 Filed 2–2–17; 8:45 am]
BILLING CODE 6717–01–P
In § 1502.2(b) the rule adds ‘‘United
States’’ before ‘‘African Development
Foundation’’.
Section 1502.3
The rule revises § 1502.3 to read as set
forth in the regulatory text.
Section 1502.4
In § 1502.4 the rule revises paragraphs
(a) and (c), and in paragraph (b) removes
the sentence: ‘‘Blanket requests or
requests for ‘the entire file of’ or ‘all
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The rule revises the first sentence of
§ 1502.6 to read as set forth in the
regulatory text.
The U.S. African
Development Foundation (USADF) is
revising its regulations on the
availability of records in accordance
with the FOIA Improvement Act of
2016, Public Law 114–185, and to make
minor technical amendments and
corrections.
SUMMARY:
Section 1502.1
■
§ 381.403
Section 1502.6
U.S. African Development
Foundation.
ACTION: Final rule.
AGENCY:
I. Background
PART 381—FEES
§ 381.303
Section § 1502.5 is revised as set forth
in the regulatory text.
Availability of Records
In consideration of the foregoing, the
Commission amends part 381, chapter I,
title 18, Code of Federal Regulations, as
set forth below.
§ 381.302
Section 1502.5
RIN 3005–AA01
Electric power plants, Electric
utilities, Natural gas, Reporting and
recordkeeping requirements.
matters relating to’ a specified subject
will not be accepted.’’
22 CFR Part 1502
List of Subjects in 18 CFR Part 381
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The rule amends § 1502.7 to add a
new paragraph (a), to remove paragraph
(c), to redesignate paragraphs (a) and (b)
as paragraphs (b) and (c), and to revise
paragraphs (b), (c)(2), (c)(3) and (c)(4) set
forth in the regulatory text.
The rule revises § 1502.8 to read as set
forth in the regulatory text.
Section 1502.9
III. Matters of Regulatory Procedure
Executive Order 12866
The regulations have been determined
to be non-significant within the
meaning of Executive Order 12866.
Regulatory Flexibility Act
The USADF President, in accordance
with the Regulatory Flexibility Act, 5
U.S.C. 605(b), has reviewed the
regulations and by approving them
certifies that they will not have a
significant economic impact on a
substantial number of small entities.
The regulations pertain to the
availability of USADF records under the
Freedom of Information Act.
Unfunded Mandates Reform Act of 1995
These regulations will not result in
the expenditure by State, local, and
tribal governments, in the aggregate, or
by the private sector, of $100,000,000 or
more in any one year, and they will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
List of Subjects in 22 CFR Part 1502
Freedom of information.
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9130
Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
Approved: January 30, 2017.
June B. Brown,
Interim General Counsel, U.S. African
Development Foundation.
For the reasons set forth in the
preamble, USADF revises 22 CFR part
1502 to read as follows:
■
PART 1502—AVAILABILITY OF
RECORDS
Sec.
1502.1 Introduction.
1502.2 Definitions.
1502.3 Access to Foundation records.
1502.4 Written requests.
1502.5 Records available at the Foundation.
1502.6 Records of other departments and
agencies.
1502.7 Fees.
1502.8 Exemptions.
1502.9 Processing of requests.
1502.10 Judicial review.
Authority: Title V of the International
Security and Development Cooperation Act
of 1980, 22 U.S.C. 290h; 5 U.S.C. 552; FOIA
Improvement Act of 2016, Public Law 114–
185.
§ 1502.1
Introduction.
(a) The United States African
Development Foundation makes
information about its operations,
procedures, and records freely available
to the public in accordance with the
provisions of the Freedom of
Information Act (FOIA).
(b) The Foundation will make the
fullest possible disclosure of its
information and identifiable records
consistent with the provisions of the Act
and the regulations in this part.
(c) The Chief FOIA Officer shall be
responsible for the Foundation’s
compliance with the processing
requirements of the Freedom of
Information Act.
asabaliauskas on DSK3SPTVN1PROD with RULES
§ 1502.2
Definitions.
As used in this part, the following
words have the meanings set forth
below:
(a) Act means the Act of June 5, 1967,
sometimes referred to as the ‘‘Freedom
of Information Act’’ or the Public
Information Section of the
Administrative Procedure Act, as
amended, Public Law 90–23, 81 Stat. 54,
codified at 5 U.S.C. 552.
(b) Foundation means the United
States African Development
Foundation.
(c) President means the President of
the Foundation.
(d) Record(s) includes all books,
papers, or other documentary materials
made or received by the Foundation in
connection with the transaction of its
business which have been preserved or
are appropriate for preservation by the
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21:08 Feb 02, 2017
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Foundation as evidence of its
organization, functions, policies,
decisions, procedures, operations, or
other activities, or because of the
informational value of the data
contained therein. Library or other
material acquired and preserved solely
for reference or exhibition purposes,
and stocks of publications and other
documents provided by the Foundation
to the public in the normal course of
doing business are not included within
the definition of the word ‘‘records.’’
The latter will continue to be made
available to the public without charge.
§ 1502.3
Access to Foundation records.
Any person desiring to have access to
Foundation records may call or apply in
person between the hours of 10 a.m. and
4 p.m. on weekdays (holidays excluded)
at the Foundation offices or mail a
request to the Foundation at 1400 I
Street NW., Suite 1000, Washington, DC
20005, or submit a request by email to
‘‘info@usadf.gov’’ on the Foundation’s
Web site, www.usadf.gov. Requests for
access under the Freedom of
Information Act should be made to the
Chief FOIA Officer at the Foundation
offices. If a request is made for copies
of any record, the Chief FOIA Officer
will assist the person making such
request in seeing that such copies are
provided according to the rules in this
part.
§ 1502.4
Written requests.
In order to facilitate the processing of
written requests, every petitioner
should:
(a) Address his or her request to: Chief
FOIA Officer, United States African
Development Foundation, 1400 I Street
NW., Suite 1000, Washington, DC
20005.
Both the envelope and the request
itself, or the email, should be clearly
marked: ‘‘Freedom of Information Act
Request.’’
(b) Identify the desired record by
name, title, author, a brief description,
or number, and date, as applicable. The
identification should be specific enough
so that a record can be identified and
found without unreasonably burdening
or disrupting the operations of the
Foundation. If the Foundation
determines that a request does not
reasonably describe the records sought,
the requestor shall be advised what
additional information is needed or
informed why the request is
insufficient.
(c) Include a check or money order to
the order of the ‘‘United States African
Development Foundation’’ covering the
appropriate search and copying fees, or
a request for determination of the fee, or
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Fmt 4700
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a specified amount that the requestor is
willing to pay in connection with the
FOIA request.
§ 1502.5 Records available at the
Foundation.
Records that the FOIA requires be
made available for public inspection in
an electronic format may be accessed
through the Foundation’s Web site.
§ 1502.6 Records of other departments
and agencies.
Responsive records located by the
Foundation which have been originated
by, or are primarily the concerns of,
another U.S. department or agency will
be forwarded to the particular
department or agency involved, and the
requestor so notified. In response to
requests for records or publications
published by the Government Printing
Office or other government printing
activity, the Foundation will refer the
petitioner to the appropriate sales office
and refund any fee payments which
accompanied the request.
§ 1502.7
Fees.
(a) Authority. USADF charges for
processing FOIA requests in accordance
with the Uniform Freedom of
Information Act Fee Schedule and
Guidelines of the Office of Management
and Budget, 52 FR 10012–10020 (March
17, 1987).
(b) When charged. Fees shall be
charged in accordance with the
schedules contained in paragraph (c) of
this section for services rendered in
responding to requests for Foundation
records under this subpart. Requestors
may seek a waiver of fees by submitting
a written application demonstrating
how disclosure of the requested
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 requestor.
Fees shall also not be charged where
they would amount, in the aggregate, for
a request or series of related requests, to
$25 or less.
(c) Services charged for and amount
charged. For the services listed below
expended in locating or making
available records or copies thereof, the
following charges shall be assessed:
(1) Copies. For copies, $.10 per copy
of each page.
(2) Clerical searches. For each one
quarter hour spent by clerical personnel
in excess of the first quarter hour in
searching for and producing requested
records, $4.75.
(3) Non-routine, non-clerical searches.
Where the task of determining which
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Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
records fall within a request and
collecting them requires the time of
professional or managerial personnel,
and where the time required is
substantial, for each one quarter hour
spent in excess of the first quarter hour,
$10.00. No charge shall be made for the
time spent in resolving legal or policy
issues affecting access to records of
known contents.
(4) Other charges. When a response to
a request requires services or materials
other than those described in
paragraphs (c)(1) through (3) of this
section, the direct cost of such services
to the Foundation may be charged,
providing the requestor has been given
an estimate of such cost before it is
incurred.
§ 1502.8
Exemptions.
The categories of records maintained
by the Foundation which may be
exempted from disclosure are described
in 5 U.S.C. 552(b).
asabaliauskas on DSK3SPTVN1PROD with RULES
§ 1502.9
Processing of requests.
(a) Processing. A person who has
made a written request for records
which meets the requirements of
§ 1502.4 shall be informed by the Chief
FOIA Officer within 20 working days
after receipt of the request of the
Foundation’s decision whether to deny
or grant access to the records and the
right of the requestor to seek assistance
from the Foundation’s Chief Public
Liaison.
(b) Denials. If the Chief FOIA Officer,
with the concurrence of the General
Counsel, denies a request for records,
the requestor will be informed of the
name and title of the official responsible
for the denial, the reasons for it, and the
right to appeal the decision to the
President of the Foundation within 90
calendar days of receipt of the denial.
The President shall determine any
appeal within 20 days of receipt and
notify the requestor within the time
period of the decision. If the decision is
to uphold the denial, the requestor will
be informed of the reasons for the
decision, of the right to a judicial review
of the decision in the federal courts, and
of the dispute resolution services
offered by the FOIA Public Liaison of
the Foundation or the Office of
Government Information Services of the
National Archives and Records
Administration as a non-exclusive
alternative to litigation.
(c) Extension of time. In unusual
circumstances, as defined by the FOIA,
to the extent reasonably necessary to the
proper processing of requests, the time
required to respond to a FOIA request
or an appeal may be extended for an
additional 10 working days upon
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Jkt 241001
written notification to the requestor
providing the reasons for the extension.
If the extension goes beyond 10 working
days, USADF will notify the requestor
of services provided by the FOIA Public
Liaison and the Office of Government
Information Services.
(d) Expedited processing. USADF
shall process requests and appeals on an
expedited basis where the requestor
demonstrates a compelling need for the
records, as defined in 5 U.S.C.
552(a)(6)(E)(v). USADF shall make a
determination of whether to provide
expedited processing, and shall notify
the requestor of the determination,
within 10 calendar days after the receipt
of the request. USADF shall provide
expeditious consideration of
administrative appeals of
determinations of whether to provide
expedited processing.
(e) Confidential commercial
information. Whenever records
containing confidential commercial
information are requested under the
FOIA and USADF determines that it
may be required to disclose the records,
USADF shall promptly provide written
notice to the submitter of the
confidential commercial information, in
conformity with the procedures set forth
in Executive Order 12600, Predisclosure
Notification Procedures for Confidential
Commercial Information, 3 CFR, 1987
Comp., p. 235.
§ 1502.10
Judicial review.
On complaint, the district court of the
United States in the district in which
the complainant resides, or has his/her
principal place of business, or in which
the agency records are situated, or in the
District of Columbia, has jurisdiction to
enjoin the Foundation from withholding
Foundation records, and to order the
production of any agency records
improperly withheld from the
complainant (5 U.S.C. 552(a)(4)(B)).
[FR Doc. 2017–02239 Filed 2–2–17; 8:45 am]
BILLING CODE 6117–01–P
DEPARTMENT OF JUSTICE
28 CFR Part 85
[Docket No. OAG 156; AG Order No. 3823–
2017]
Civil Monetary Penalties Inflation
Adjustment for 2017
Department of Justice.
Final rule.
AGENCY:
ACTION:
The Department of Justice is
adjusting for inflation the civil monetary
penalties assessed or enforced by
components of the Department, in
SUMMARY:
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9131
accordance with the provisions of the
Bipartisan Budget Act of 2015, for
penalties assessed after February 3,
2017, whose associated violations
occurred after November 2, 2015.
DATES: Effective date: This rule is
effective February 3, 2017.
Applicability date: The adjusted civil
penalty amounts are applicable only to
civil penalties assessed after February 3,
2017, whose associated violations
occurred after November 2, 2015.
FOR FURTHER INFORMATION CONTACT:
Robert Hinchman, Senior Counsel,
Office of Legal Policy, U.S. Department
of Justice, Room 4252 RFK Building,
950 Pennsylvania Avenue NW.,
Washington, DC 20530, telephone (202)
514–8059 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Statutory Process for Implementing
Annual Inflation Adjustments
Section 701 of the Bipartisan Budget
Act of 2015, Public Law 114–74 (Nov.
2, 2015), titled the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (the ‘‘2015
Amendments’’), 28 U.S.C. 2461 note,
substantially revised the prior
provisions of the Federal Civil Monetary
Penalties Inflation Adjustment Act of
1990, Public Law 101–410 (the
‘‘Inflation Adjustment Act’’), and
substituted a different statutory formula
for calculating inflation adjustments on
an annual basis.
In accordance with the provisions of
the 2015 Amendments, on June 30, 2016
(81 FR 42491), the Department of Justice
published an interim rule (‘‘2016
interim rule’’) to adjust for inflation the
civil monetary penalties assessed by
components of the Department after
August 1, 2016, whose associated
violations occurred after November 2,
2015 (the so-called ‘‘catch-up’’
adjustments). See 28 CFR 85.5. Readers
may refer to the Supplementary
Information (also known as the
preamble) of the Department’s 2016
interim rule for additional background
information regarding the statutory
authority for adjustments of civil
monetary penalty amounts to take
account of inflation and the
Department’s past implementation of
inflation adjustments. After considering
the public comments submitted in
response to the 2016 interim rule, the
Department will finalize the 2016
interim rule.
II. Inflation Adjustments Made by This
Rule
The 2015 Amendments also provide
for agencies to adjust for inflation their
civil penalty amounts by January 15,
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]]>Agencies
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Rules and Regulations]
[Pages 9129-9131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02239]
=======================================================================
-----------------------------------------------------------------------
AFRICAN DEVELOPMENT FOUNDATION
22 CFR Part 1502
RIN 3005-AA01
Availability of Records
AGENCY: U.S. African Development Foundation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. African Development Foundation (USADF) is revising
its regulations on the availability of records in accordance with the
FOIA Improvement Act of 2016, Public Law 114-185, and to make minor
technical amendments and corrections.
DATES: This final rule is effective April 4, 2017.
FOR FURTHER INFORMATION CONTACT: June B. Brown, 202-233-8882.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. African Development Foundation (USADF) is revising its
regulations on the availability of records under the Freedom of
Information Act (FOIA), 5 U.S.C. 552, to conform to requirements of the
FOIA Improvement Act of 2016, Public Law 114-185, and to make minor
technical amendments and corrections to the regulations.
II. Section-by-Section Analysis
Section 1502.1
In Sec. 1502.1(a) the rule adds ``United States'' before ``African
Development Foundation'', adds ``(FOIA)'' after ``Freedom of
Information Act'', and otherwise revises the section to read as set
forth in the regulatory text.
In Sec. 1502.1(c) the rule removes ``Director of Administration
and Finance (A&F)'' and adds in its place ``Chief FOIA Officer''.
Section 1502.2
In Sec. 1502.2(b) the rule adds ``United States'' before ``African
Development Foundation''.
Section 1502.3
The rule revises Sec. 1502.3 to read as set forth in the
regulatory text.
Section 1502.4
In Sec. 1502.4 the rule revises paragraphs (a) and (c), and in
paragraph (b) removes the sentence: ``Blanket requests or requests for
`the entire file of' or `all matters relating to' a specified subject
will not be accepted.''
Section 1502.5
Section Sec. 1502.5 is revised as set forth in the regulatory
text.
Section 1502.6
The rule revises the first sentence of Sec. 1502.6 to read as set
forth in the regulatory text.
Section 1502.7
The rule amends Sec. 1502.7 to add a new paragraph (a), to remove
paragraph (c), to redesignate paragraphs (a) and (b) as paragraphs (b)
and (c), and to revise paragraphs (b), (c)(2), (c)(3) and (c)(4) set
forth in the regulatory text.
Section 1502.8
The rule revises Sec. 1502.8 to read as set forth in the
regulatory text.
Section 1502.9
The rule amends Sec. 1502.9 to revise paragraphs (a), (b), and
(c), and to add paragraphs (d) and (e) to read as set forth in the
regulatory text.
III. Matters of Regulatory Procedure
Executive Order 12866
The regulations have been determined to be non-significant within
the meaning of Executive Order 12866.
Regulatory Flexibility Act
The USADF President, in accordance with the Regulatory Flexibility
Act, 5 U.S.C. 605(b), has reviewed the regulations and by approving
them certifies that they will not have a significant economic impact on
a substantial number of small entities. The regulations pertain to the
availability of USADF records under the Freedom of Information Act.
Unfunded Mandates Reform Act of 1995
These regulations will not result in the expenditure by State,
local, and tribal governments, in the aggregate, or by the private
sector, of $100,000,000 or more in any one year, and they will not
significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
List of Subjects in 22 CFR Part 1502
Freedom of information.
[[Page 9130]]
Approved: January 30, 2017.
June B. Brown,
Interim General Counsel, U.S. African Development Foundation.
0
For the reasons set forth in the preamble, USADF revises 22 CFR part
1502 to read as follows:
PART 1502--AVAILABILITY OF RECORDS
Sec.
1502.1 Introduction.
1502.2 Definitions.
1502.3 Access to Foundation records.
1502.4 Written requests.
1502.5 Records available at the Foundation.
1502.6 Records of other departments and agencies.
1502.7 Fees.
1502.8 Exemptions.
1502.9 Processing of requests.
1502.10 Judicial review.
Authority: Title V of the International Security and
Development Cooperation Act of 1980, 22 U.S.C. 290h; 5 U.S.C. 552;
FOIA Improvement Act of 2016, Public Law 114-185.
Sec. 1502.1 Introduction.
(a) The United States African Development Foundation makes
information about its operations, procedures, and records freely
available to the public in accordance with the provisions of the
Freedom of Information Act (FOIA).
(b) The Foundation will make the fullest possible disclosure of its
information and identifiable records consistent with the provisions of
the Act and the regulations in this part.
(c) The Chief FOIA Officer shall be responsible for the
Foundation's compliance with the processing requirements of the Freedom
of Information Act.
Sec. 1502.2 Definitions.
As used in this part, the following words have the meanings set
forth below:
(a) Act means the Act of June 5, 1967, sometimes referred to as the
``Freedom of Information Act'' or the Public Information Section of the
Administrative Procedure Act, as amended, Public Law 90-23, 81 Stat.
54, codified at 5 U.S.C. 552.
(b) Foundation means the United States African Development
Foundation.
(c) President means the President of the Foundation.
(d) Record(s) includes all books, papers, or other documentary
materials made or received by the Foundation in connection with the
transaction of its business which have been preserved or are
appropriate for preservation by the Foundation as evidence of its
organization, functions, policies, decisions, procedures, operations,
or other activities, or because of the informational value of the data
contained therein. Library or other material acquired and preserved
solely for reference or exhibition purposes, and stocks of publications
and other documents provided by the Foundation to the public in the
normal course of doing business are not included within the definition
of the word ``records.'' The latter will continue to be made available
to the public without charge.
Sec. 1502.3 Access to Foundation records.
Any person desiring to have access to Foundation records may call
or apply in person between the hours of 10 a.m. and 4 p.m. on weekdays
(holidays excluded) at the Foundation offices or mail a request to the
Foundation at 1400 I Street NW., Suite 1000, Washington, DC 20005, or
submit a request by email to ``info@usadf.gov'' on the Foundation's Web
site, www.usadf.gov. Requests for access under the Freedom of
Information Act should be made to the Chief FOIA Officer at the
Foundation offices. If a request is made for copies of any record, the
Chief FOIA Officer will assist the person making such request in seeing
that such copies are provided according to the rules in this part.
Sec. 1502.4 Written requests.
In order to facilitate the processing of written requests, every
petitioner should:
(a) Address his or her request to: Chief FOIA Officer, United
States African Development Foundation, 1400 I Street NW., Suite 1000,
Washington, DC 20005.
Both the envelope and the request itself, or the email, should be
clearly marked: ``Freedom of Information Act Request.''
(b) Identify the desired record by name, title, author, a brief
description, or number, and date, as applicable. The identification
should be specific enough so that a record can be identified and found
without unreasonably burdening or disrupting the operations of the
Foundation. If the Foundation determines that a request does not
reasonably describe the records sought, the requestor shall be advised
what additional information is needed or informed why the request is
insufficient.
(c) Include a check or money order to the order of the ``United
States African Development Foundation'' covering the appropriate search
and copying fees, or a request for determination of the fee, or a
specified amount that the requestor is willing to pay in connection
with the FOIA request.
Sec. 1502.5 Records available at the Foundation.
Records that the FOIA requires be made available for public
inspection in an electronic format may be accessed through the
Foundation's Web site.
Sec. 1502.6 Records of other departments and agencies.
Responsive records located by the Foundation which have been
originated by, or are primarily the concerns of, another U.S.
department or agency will be forwarded to the particular department or
agency involved, and the requestor so notified. In response to requests
for records or publications published by the Government Printing Office
or other government printing activity, the Foundation will refer the
petitioner to the appropriate sales office and refund any fee payments
which accompanied the request.
Sec. 1502.7 Fees.
(a) Authority. USADF charges for processing FOIA requests in
accordance with the Uniform Freedom of Information Act Fee Schedule and
Guidelines of the Office of Management and Budget, 52 FR 10012-10020
(March 17, 1987).
(b) When charged. Fees shall be charged in accordance with the
schedules contained in paragraph (c) of this section for services
rendered in responding to requests for Foundation records under this
subpart. Requestors may seek a waiver of fees by submitting a written
application demonstrating how disclosure of the requested 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 requestor. Fees shall also not be charged where they would amount,
in the aggregate, for a request or series of related requests, to $25
or less.
(c) Services charged for and amount charged. For the services
listed below expended in locating or making available records or copies
thereof, the following charges shall be assessed:
(1) Copies. For copies, $.10 per copy of each page.
(2) Clerical searches. For each one quarter hour spent by clerical
personnel in excess of the first quarter hour in searching for and
producing requested records, $4.75.
(3) Non-routine, non-clerical searches. Where the task of
determining which
[[Page 9131]]
records fall within a request and collecting them requires the time of
professional or managerial personnel, and where the time required is
substantial, for each one quarter hour spent in excess of the first
quarter hour, $10.00. No charge shall be made for the time spent in
resolving legal or policy issues affecting access to records of known
contents.
(4) Other charges. When a response to a request requires services
or materials other than those described in paragraphs (c)(1) through
(3) of this section, the direct cost of such services to the Foundation
may be charged, providing the requestor has been given an estimate of
such cost before it is incurred.
Sec. 1502.8 Exemptions.
The categories of records maintained by the Foundation which may be
exempted from disclosure are described in 5 U.S.C. 552(b).
Sec. 1502.9 Processing of requests.
(a) Processing. A person who has made a written request for records
which meets the requirements of Sec. 1502.4 shall be informed by the
Chief FOIA Officer within 20 working days after receipt of the request
of the Foundation's decision whether to deny or grant access to the
records and the right of the requestor to seek assistance from the
Foundation's Chief Public Liaison.
(b) Denials. If the Chief FOIA Officer, with the concurrence of the
General Counsel, denies a request for records, the requestor will be
informed of the name and title of the official responsible for the
denial, the reasons for it, and the right to appeal the decision to the
President of the Foundation within 90 calendar days of receipt of the
denial. The President shall determine any appeal within 20 days of
receipt and notify the requestor within the time period of the
decision. If the decision is to uphold the denial, the requestor will
be informed of the reasons for the decision, of the right to a judicial
review of the decision in the federal courts, and of the dispute
resolution services offered by the FOIA Public Liaison of the
Foundation or the Office of Government Information Services of the
National Archives and Records Administration as a non-exclusive
alternative to litigation.
(c) Extension of time. In unusual circumstances, as defined by the
FOIA, to the extent reasonably necessary to the proper processing of
requests, the time required to respond to a FOIA request or an appeal
may be extended for an additional 10 working days upon written
notification to the requestor providing the reasons for the extension.
If the extension goes beyond 10 working days, USADF will notify the
requestor of services provided by the FOIA Public Liaison and the
Office of Government Information Services.
(d) Expedited processing. USADF shall process requests and appeals
on an expedited basis where the requestor demonstrates a compelling
need for the records, as defined in 5 U.S.C. 552(a)(6)(E)(v). USADF
shall make a determination of whether to provide expedited processing,
and shall notify the requestor of the determination, within 10 calendar
days after the receipt of the request. USADF shall provide expeditious
consideration of administrative appeals of determinations of whether to
provide expedited processing.
(e) Confidential commercial information. Whenever records
containing confidential commercial information are requested under the
FOIA and USADF determines that it may be required to disclose the
records, USADF shall promptly provide written notice to the submitter
of the confidential commercial information, in conformity with the
procedures set forth in Executive Order 12600, Predisclosure
Notification Procedures for Confidential Commercial Information, 3 CFR,
1987 Comp., p. 235.
Sec. 1502.10 Judicial review.
On complaint, the district court of the United States in the
district in which the complainant resides, or has his/her principal
place of business, or in which the agency records are situated, or in
the District of Columbia, has jurisdiction to enjoin the Foundation
from withholding Foundation records, and to order the production of any
agency records improperly withheld from the complainant (5 U.S.C.
552(a)(4)(B)).
[FR Doc. 2017-02239 Filed 2-2-17; 8:45 am]
BILLING CODE 6117-01-P
