[Federal Register: June 1, 2006 (Volume 71, Number 105)]
[Rules and Regulations]
[Page 31073]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn06-3]
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DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 4
[Docket No. 060518134-6134-01]
RIN 0605-AA22
Disclosure of Government Information; Responsibility for
Responding to Freedom of Information Act Requests
AGENCY: Department of Commerce.
ACTION: Interim final rule; request for comments.
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SUMMARY: The Department of Commerce publishes this interim final rule
to amend its regulations that establishes the date that the Department
uses in identifying those records that it may consider when responding
to a Freedom of Information Act request. The Department takes this
action pursuant to a court order that enjoins it from further use of
its current regulations.
DATES: This rule is effective on June 1, 2006. Comments must be
submitted on July 3, 2006.
ADDRESSES: The public may submit comments to: Brenda Dolan,
Departmental Freedom of Information and Privacy Act Officer, U.S.
Department of Commerce, Office of Management and Organization, Room
5327, Washington, DC 20230, 202-482-3258.
FOR FURTHER INFORMATION CONTACT: Brenda Dolan, Departmental Freedom of
Information and Privacy Act Officer, U.S. Department of Commerce,
Office of Management and Organization, Room 5327, Washington, DC 20230,
202-482-3258.
SUPPLEMENTARY INFORMATION: On April 24, 2006, the United States
District Court, District of Oregon determined that the Department of
Commerce violated the Freedom of Information Act for failing to make a
timely determination on an information request, which subsequently
resulted in an improper withholding under the Act. The court ordered
the Department to refrain from using ``the day that the proper
component receives the request'' as the cut-off date for determining
those records that are responsive to a FOIA request. Pursuant to the
court's order, the Department amends paragraph 4.5(a) of 15 CFR Part 4
to establish a new cut-off date for records that are to be considered
in a FOIA request. Upon the effectiveness of this rule, the records
that are considered responsive to a FOIA request will include those
records that are within the Department's possession and control as of
the date that the Department begins its search for them. This policy is
consistent with that adopted by other agencies including the U.S.
Department of Justice.
Classification
It has been determined that this notice is not significant for
purposes of E.O. 12866.
The Department finds good cause to waive the rulemaking
requirements of 5 U.S.C. 553 because it is impracticable and contrary
to the public interest. In order to implement, in a timely manner, the
Department's new regulation that establishes the date that the
Department uses in identifying those records that it may consider when
responding to a request for records, the Department finds that it is
impracticable and contrary to the public interest to allow for prior
notice and opportunity for public comment. If the Department delayed
the effectiveness of this action, the Department would violate the
April 24, 2006 order to refrain from further use of the regulations.
Therefore, in order to ensure timely compliance with the Court's order,
the Department makes this rule effective upon publication.
Because notice and opportunity for comment are not required
pursuant to 5 U.S.C. 553 or any other law, the analytical requirements
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are
inapplicable. Therefore, a regulatory flexibility analysis is not
required and has not been prepared.
Dated: May 26, 2006.
Brenda Dolan,
Departmental Freedom of Information and Privacy Act Officer.
List of Subjects in 15 CFR Part 4
Freedom of Information and Privacy.
0
For the reasons set forth above, the Department amends 15 CFR part 4 as
follows:
PART 4--DISCLOSURE OF GOVERNMENT INFORMATION
0
1. The authority citation for part 4 continues to read:
Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C.
553; 31 U.S.C. 3717; 44 U.S.C. 3101; Reorganization Plan No. 5 of
1950.
0
2. Revise paragraph (a) of section 4.5 to read as follows:
Sec. 4.5 Responsibility for responding to requests.
(a) In general. Except as stated in paragraph (b) of this section,
the proper component of the Department to respond to a request for
records is the component that first receives the request and has
responsive records, or the component to which the Departmental Freedom
of Information Officer assigns lead responsibility for responding to
the request. Records responsive to a request shall include those
records within the Department's possession and control as of the date
the Department begins its search for them.
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[FR Doc. E6-8479 Filed 5-31-06; 8:45 am]
BILLING CODE 3510-17-P