Request for Comments on Revisions to Uniform Freedom of Information Act Fee Schedule and Guidelines, 26499-26500 [2020-09432]

Download as PDF Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Notices see the related notice published in the Federal Register on November 7, 2019 (84 FR 60114). This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless the OMB approves it and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid OMB Control Number. See 5 CFR 1320.5(a) and 1320.6. DOL seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOL notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review. Agency: DOL–ETA. Title of Collection: PreImplementation Planning Checklist Report for State Unemployment Insurance Information Technology Modernization Projects. OMB Control Number: 1205–0527. Affected Public: State, Local, and Tribal Governments. Total Estimated Number of Respondents: 24. Total Estimated Number of Responses: 24. Total Estimated Annual Time Burden: 576 hours. Total Estimated Annual Other Costs Burden: $0. Authority: 44 U.S.C. 3507(a)(1)(D). Dated: April 27, 2020. Anthony May, Acting Departmental Clearance Officer. [FR Doc. 2020–09367 Filed 5–1–20; 8:45 am] BILLING CODE 4510–FW–P DEPARTMENT OF LABOR Office of the Secretary jbell on DSKJLSW7X2PROD with NOTICES Agency Information Collection Activities; Submission for OMB Review; Comment Request; Agricultural Recruitment System Forms Affecting Migratory Farm Workers Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting this Employment and Training Administration (ETA)sponsored information collection SUMMARY: VerDate Sep<11>2014 19:03 May 01, 2020 Jkt 250001 request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before June 3, 2020. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Comments are invited on: (1) Whether the collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (2) if the information will be processed and used in a timely manner; (3) the accuracy of the agency’s estimates of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (4) ways to enhance the quality, utility and clarity of the information collection; and (5) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology. FOR FURTHER INFORMATION CONTACT: Crystal Rennie by telephone at 202– 693–0456 (this is not a toll-free number) or by email at DOL_PRA_PUBLIC@ dol.gov. SUPPLEMENTARY INFORMATION: State Workforce Agencies (SWAs) are required by Federal regulations at 20 CFR 653.500 to participate in the intrastate and interstate clearance system for the orderly recruitment and movement of agricultural workers. Regulations 653.501(a), (b), (c) and (d) enumerate the contents of these orders. As required by Federal regulations, the Employment and Training Administration (ETA) created the Agricultural Clearance Order (ETA Form 790) for the recruitment of workers beyond the local commuting area (20 CFR 653.501). In order to participate in the temporary alien agricultural worker (H–2A) program, employers are required to submit to the SWA a job order (ETA Form 790) in the area of intended employment between 60 and 75 days before the date of need for workers. For additional substantive information about this ICR, see the related notice published in the Federal PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 26499 Register on March 15, 2019 (84 FR 9561). This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless the OMB approves it and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid OMB Control Number. See 5 CFR 1320.5(a) and 1320.6. DOL seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOL notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review. Agency: DOL–ETA. Title of Collection: Agricultural Recruitment System Forms Affecting Migratory Farm Workers. OMB Control Number: 1205–0134. Affected Public: Private Sector: Businesses or other for-profits, Farms, Not-for-profits institutions; State, Local, and Tribal Governments. Total Estimated Number of Respondents: 3,600. Total Estimated Number of Responses: 3,600. Total Estimated Annual Time Burden: 3,150 hours. Total Estimated Annual Other Costs Burden: $0. Authority: 44 U.S.C. 3507(a)(1)(D). Dated: April 29, 2020. Anthony W. May, Acting Departmental Clearance Officer. [FR Doc. 2020–09410 Filed 5–1–20; 8:45 am] BILLING CODE 4510–FN–P OFFICE OF MANAGEMENT AND BUDGET Request for Comments on Revisions to Uniform Freedom of Information Act Fee Schedule and Guidelines Office of Management and Budget. ACTION: Notice of availability; request for comments. AGENCY: The Office of Management and Budget (OMB) is proposing revisions to sections of its Uniform Freedom of Information Act Fee Schedule and Guidelines (‘‘Guidelines’’) last published in 1987. This action is SUMMARY: E:\FR\FM\04MYN1.SGM 04MYN1 jbell on DSKJLSW7X2PROD with NOTICES 26500 Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Notices necessary to conform the Guidelines with statutory amendments to the Freedom of Information Act (FOIA), to provide clarity in light of evolving judicial interpretation, and to clarify the scope of the Guidelines. This action is intended to provide Federal agencies with guidance on the appropriate and uniform application of FOIA processing fees. DATES: Comments are due by June 3, 2020. ADDRESSES: All comments should be submitted via https:// www.regulations.gov. Please include your name, organization name (if any), and cite ‘‘Revisions to Uniform Freedom of Information Act Fee Schedule and Guidelines’’ in all correspondence. Comments submitted in response to this notice may be made available to the public. For this reason, please do not include in your comments information of a confidential nature, such as sensitive personal information or proprietary information. Please note that responses to this public comment request containing any routine notice about the confidentiality of the communication will be treated as public comments that may be made available to the public notwithstanding the inclusion of the routine notice. FOR FURTHER INFORMATION CONTACT: Jonathan Hill, Office of Information and Regulatory Affairs, OMB, at oira_pb_ comments@omb.eop.gov. SUPPLEMENTARY INFORMATION: The Freedom of Information Reform Act of 1986, Public Law 99–570 (1986), required OMB to promulgate a uniform schedule of fees and guidelines, pursuant to notice and public comment, for agencies to use when processing FOIA requests. 5 U.S.C. 552(a)(4)(A)(i). OMB issued the Uniform Freedom of Information Act Fee Schedule and Guidelines, 52 FR 10012 (available at https://www.justice.gov/sites/default/ files/oip/legacy/2014/07/23/foia_fee_ schedule_1987.pdf) on March 27, 1987. In the ensuing years, the FOIA has been amended, notably by the OPEN Government Act of 2007, Public Law 110–175 (2007), and the FOIA Improvement Act of 2016, Public Law 114–185 (2016). Likewise, judicial interpretation of the statute has and continues to evolve. As a result, OMB is proposing and seeking comment on changes to the Guidelines, in order to ensure they reflect these legislative changes and leading judicial decisions, and also to improve the clarity of Guidelines’ scope. Specifically: (1) OMB proposes to revise Section 2. Scope to indicate that the Guidelines do not address the waiver or reduction of VerDate Sep<11>2014 19:03 May 01, 2020 Jkt 250001 fees if disclosure is in the public interest; (2) OMB proposes to remove Section 6f, which defines ‘‘representative of the news media,’’ given that this term is now defined in statute; (3) OMB proposes to revise Section 8b. Educational and Non-commercial Scientific Institution Requesters to clarify that both teachers and students may be eligible for inclusion in this fee category; and (4) OMB proposes to add a subsection to Section 9. Administrative Actions to Improve Assessment and Collection of Fees to indicate that agencies may not charge certain fees when they fail to comply with the FOIA’s time limits, except under certain circumstances provided in the statute. In addition, OMB proposes to revise Section 4. Inquiries to update contact information for questions about the Guidelines. OMB invites public comment on the revisions to the Guidelines proposed in this notice and only those revisions. Such comments may include, but are not limited to: Whether or not these proposed revisions clearly communicate agency requirements and policy, whether and how these proposed revisions can be improved, and whether and where these proposed revisions might be more effectively located within the Guidelines. OMB will not accept nor consider comments on revisions to the Guidelines other than those proposed in this notice. For the reasons discussed in the Preamble, and under the authority of 5 U.S.C. 552(a)(4)(A)(i) and 44 U.S.C. chapter 35, OMB proposes to amend the Uniform Freedom of Information Act Fee Schedule and Guidelines, 52 FR 10012, by removing Section 6j, adding Section 9f, and revising Sections 2, 4, and 8b to read as follows: Uniform Freedom of Information Act Fee Schedule and Guidelines * * * * * 2. Scope—* * * This Fee Schedule and Guidelines, including Sections 6 and 8, does not address the waiver or reduction of fees if the disclosure of the information is in the public interest, as provided in 5 U.S.C. 552(a)(4)(A)(iii). * * * * * 4. Inquiries—Inquiries should be directed to the Office of Information and Regulatory Affairs, Office of Management and Budget, at oira_pb_ comments@omb.eop.gov. * * * * * 8. Fees to be Charged—Categories of Requesters. * * * b. Educational and Non-commercial Scientific Institution Requesters—* * * PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 To be eligible for inclusion in this category, requesters—whether teachers or students—must show that the request is being made in connection with their role at the institution, and that the records are not sought for a commercial use, but are sought in furtherance of scholarly (if the request is from an educational institution) or scientific (if the request is from a non-commercial scientific institution) research. * * * * * * * * 9. Administrative Actions to Improve Assessment and Collection of Fees— * * * f. Failure to Comply with Time Limits—An agency may not charge search fees (or in the case of educational or non-commercial scientific institution requesters, or representatives of the news media, duplication fees) if it has failed to comply with any time limit under 5 U.S.C. 552(a)(6), except as provided in 5 U.S.C. 552(a)(4)(A)(viii). Paul J. Ray, Administrator, Office of Information and Regulatory Affairs. [FR Doc. 2020–09432 Filed 5–1–20; 8:45 am] BILLING CODE 3110–01–P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION [NARA–2020–033] Records Management; General Records Schedule (GRS); GRS Transmittal 31 National Archives and Records Administration (NARA). ACTION: Notice of new General Records Schedule (GRS) Transmittal 31. AGENCY: NARA is issuing revisions to the General Records Schedule (GRS). The GRS provides mandatory disposition instructions for administrative records common to several or all Federal agencies. Transmittal 31 includes only changes we have made to the GRS since we published Transmittal 30 in December 2019. Additional GRS schedules remain in effect that we are not issuing via this transmittal. DATES: This transmittal is effective May 4, 2020. ADDRESSES: You can find all GRS schedules, crosswalks, and FAQs at http://www.archives.gov/records-mgmt/ grs.html (in Word, PDF, and CSV formats). You can download the complete current GRS, in PDF format, from the same location. FOR FURTHER INFORMATION CONTACT: For more information about this notice or to SUMMARY: E:\FR\FM\04MYN1.SGM 04MYN1

Agencies

[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
[Notices]
[Pages 26499-26500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09432]


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OFFICE OF MANAGEMENT AND BUDGET


Request for Comments on Revisions to Uniform Freedom of 
Information Act Fee Schedule and Guidelines

AGENCY: Office of Management and Budget.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of Management and Budget (OMB) is proposing 
revisions to sections of its Uniform Freedom of Information Act Fee 
Schedule and Guidelines (``Guidelines'') last published in 1987. This 
action is

[[Page 26500]]

necessary to conform the Guidelines with statutory amendments to the 
Freedom of Information Act (FOIA), to provide clarity in light of 
evolving judicial interpretation, and to clarify the scope of the 
Guidelines. This action is intended to provide Federal agencies with 
guidance on the appropriate and uniform application of FOIA processing 
fees.

DATES: Comments are due by June 3, 2020.

ADDRESSES: All comments should be submitted via https://www.regulations.gov. Please include your name, organization name (if 
any), and cite ``Revisions to Uniform Freedom of Information Act Fee 
Schedule and Guidelines'' in all correspondence. Comments submitted in 
response to this notice may be made available to the public. For this 
reason, please do not include in your comments information of a 
confidential nature, such as sensitive personal information or 
proprietary information. Please note that responses to this public 
comment request containing any routine notice about the confidentiality 
of the communication will be treated as public comments that may be 
made available to the public notwithstanding the inclusion of the 
routine notice.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill, Office of Information 
and Regulatory Affairs, OMB, at [email protected].

SUPPLEMENTARY INFORMATION: The Freedom of Information Reform Act of 
1986, Public Law 99-570 (1986), required OMB to promulgate a uniform 
schedule of fees and guidelines, pursuant to notice and public comment, 
for agencies to use when processing FOIA requests. 5 U.S.C. 
552(a)(4)(A)(i). OMB issued the Uniform Freedom of Information Act Fee 
Schedule and Guidelines, 52 FR 10012 (available at https://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/foia_fee_schedule_1987.pdf) on March 27, 1987. In the ensuing years, 
the FOIA has been amended, notably by the OPEN Government Act of 2007, 
Public Law 110-175 (2007), and the FOIA Improvement Act of 2016, Public 
Law 114-185 (2016). Likewise, judicial interpretation of the statute 
has and continues to evolve. As a result, OMB is proposing and seeking 
comment on changes to the Guidelines, in order to ensure they reflect 
these legislative changes and leading judicial decisions, and also to 
improve the clarity of Guidelines' scope. Specifically:
    (1) OMB proposes to revise Section 2. Scope to indicate that the 
Guidelines do not address the waiver or reduction of fees if disclosure 
is in the public interest;
    (2) OMB proposes to remove Section 6f, which defines 
``representative of the news media,'' given that this term is now 
defined in statute;
    (3) OMB proposes to revise Section 8b. Educational and Non-
commercial Scientific Institution Requesters to clarify that both 
teachers and students may be eligible for inclusion in this fee 
category; and
    (4) OMB proposes to add a subsection to Section 9. Administrative 
Actions to Improve Assessment and Collection of Fees to indicate that 
agencies may not charge certain fees when they fail to comply with the 
FOIA's time limits, except under certain circumstances provided in the 
statute.
    In addition, OMB proposes to revise Section 4. Inquiries to update 
contact information for questions about the Guidelines.
    OMB invites public comment on the revisions to the Guidelines 
proposed in this notice and only those revisions. Such comments may 
include, but are not limited to: Whether or not these proposed 
revisions clearly communicate agency requirements and policy, whether 
and how these proposed revisions can be improved, and whether and where 
these proposed revisions might be more effectively located within the 
Guidelines. OMB will not accept nor consider comments on revisions to 
the Guidelines other than those proposed in this notice.
    For the reasons discussed in the Preamble, and under the authority 
of 5 U.S.C. 552(a)(4)(A)(i) and 44 U.S.C. chapter 35, OMB proposes to 
amend the Uniform Freedom of Information Act Fee Schedule and 
Guidelines, 52 FR 10012, by removing Section 6j, adding Section 9f, and 
revising Sections 2, 4, and 8b to read as follows:

Uniform Freedom of Information Act Fee Schedule and Guidelines

* * * * *
    2. Scope--* * * This Fee Schedule and Guidelines, including 
Sections 6 and 8, does not address the waiver or reduction of fees if 
the disclosure of the information is in the public interest, as 
provided in 5 U.S.C. 552(a)(4)(A)(iii).
* * * * *
    4. Inquiries--Inquiries should be directed to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, at 
[email protected].
* * * * *
    8. Fees to be Charged--Categories of Requesters. * * *
    b. Educational and Non-commercial Scientific Institution 
Requesters--* * * To be eligible for inclusion in this category, 
requesters--whether teachers or students--must show that the request is 
being made in connection with their role at the institution, and that 
the records are not sought for a commercial use, but are sought in 
furtherance of scholarly (if the request is from an educational 
institution) or scientific (if the request is from a non-commercial 
scientific institution) research. * * *
* * * * *
    9. Administrative Actions to Improve Assessment and Collection of 
Fees--* * *
    f. Failure to Comply with Time Limits--An agency may not charge 
search fees (or in the case of educational or non-commercial scientific 
institution requesters, or representatives of the news media, 
duplication fees) if it has failed to comply with any time limit under 
5 U.S.C. 552(a)(6), except as provided in 5 U.S.C. 552(a)(4)(A)(viii).

Paul J. Ray,
Administrator, Office of Information and Regulatory Affairs.
[FR Doc. 2020-09432 Filed 5-1-20; 8:45 am]
BILLING CODE 3110-01-P