21 October 1997
Source: http://www.access.gpo.gov/su_docs/aces/aces140.html

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[Federal Register: October 21, 1997 (Volume 62, Number 203)]
[Proposed Rules]               
[Page 54594-54595]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc97-16]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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[[Page 54594]]


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DEFENSE NUCLEAR FACILITIES SAFETY BOARD

10 CFR Part 1703

 
Rules Implementing the Freedom of Information Act

AGENCY: Defense Nuclear Facilities Safety Board.

ACTION: Proposed rule.

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SUMMARY: The Defense Nuclear Facilities Safety Board (Board) is 
proposing to amend its Freedom of Information Act (FOIA) rules to 
provide for expedited processing of certain requests, to conform 
response deadlines with those now provided in the statute, and to add a 
category of documents to be made available in the Public Reading Room. 
These changes result from new statutory provisions in the Electronic 
Freedom of Information Act Amendments of 1996, Pub. L. 104-231. A minor 
change is also made in the Board's fee provision.

DATES: Comments should be submitted no later than November 20, 1997.

ADDRESSES: Comments should be sent to Robert M. Andersen, General 
Counsel, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, 
NW, Suite 700, Washington, D.C. 20004-2901.

FOR FURTHER INFORMATION CONTACT:
Robert M. Andersen, General Counsel, Defense Nuclear Facilities Safety 
Board, 625 Indiana Ave. NW, Suite 700, Washington, D.C. 20004-2901, 
(202) 208-6387.

SUPPLEMENTARY INFORMATION: The Electronic Freedom of Information Act 
Amendments of 1996, Pub. L. 104-231, require that all Federal agencies 
promulgate new regulations on expedited processing of FOIA requests in 
cases of ``compelling need'' or other circumstances determined by the 
agency. 5 U.S.C. 552(a)(6)(E)(i). To implement this requirement, the 
Board is proposing to add a new paragraph (d) to 10 CFR 1703.105, 
``Requests for Board Records Not Available Through the Public Reading 
Room (FOIA Requests).'' The text of the new paragraph is self-
explanatory.
    The Board is also amending its rules to provide a twenty-working-
day time limit for response to initial requests. The Board notes, 
however, that it has provided documents in response to FOIA requests, 
during the eight years of Board operations, within ten working days in 
nearly every case. Regardless of the statutory changes, the Board will 
endeavor to provide requested documents promptly. This is usually 
within a few days unless an extensive search is required, a large 
number of documents must be reproduced, or national security concerns 
require a classification review of documents subject to the request. 
The Board provides a Public Reading Room with many documents 
immediately accessible to the public, computer access to the Board's 
electronic files, and is continuing to upload new categories of records 
to the Board's Internet home page, http://www.dnfsb.gov. These measures 
should ensure that the public continues to have speedy access to 
requested documents, generally within time less than the statutory 
requirements.
    The Board will maintain in its Public Reading Room documents 
released pursuant to a FOIA request, along with an index of documents 
so released. In view of the small number of requests received in the 
past, the Board will include all documents released, beginning in 
calendar year 1997.
    Finally, the Board is making one minor change to its fee provision, 
Sec. 1703.107, by removing paragraph (b)(2)(iv). The Board has never 
made it a practice to charge mailing fees responding to FOIA requests, 
so this provision is not reflective of actual practice.

Executive Order No. 12866

    These amendments do not meet the criteria for a significant 
regulatory action under Executive Order 12866. Thus, they were not 
subject to Office of Management and Budget review.

Regulatory Flexibility Act

    These amendments will not have a significant economic impact on a 
substantial number of small entities since these rules affect only 
individuals. Therefore, a regulatory flexibility analysis as provided 
in the Regulatory Flexibility Act, as amended, is not required.

Paperwork Reduction Act

    These regulations will impose no additional reporting and 
recordkeeping requirements subject to Office of Management and Budget 
clearance.

List of Subjects in 10 CFR Part 1703

    Freedom of information.

    For the reasons stated in the preamble, the Board proposes to amend 
10 CFR Part 1703 as follows:

Defense Nuclear Facilities Safety Board

PART 1703--PUBLIC INFORMATION AND REQUESTS

    1. The authority citation for part 1703 continues to read as 
follows:

    Authority: 5 U.S.C. 552 as amended, 42 U.S.C. 2286b(c).

    2. Section 1703.103 is proposed to be amended by adding paragraph 
(b)(12) to read as follows:


Sec. 1703.103  Requests for Board records available through the public 
reading room.

* * * * *
    (b) * * *
    (12) Copies of records released pursuant to FOIA requests, along 
with an index to these records. The format will generally be the same 
as the format of the released records.
    3. Section 1703.105 is proposed to be amended by adding a new 
paragraph (e) to read as follows:


Sec. 1703.105  Requests for Board records not available through the 
public reading room (FOIA requests).

* * * * *
    (e)(1) Expedited processing--A person may request expedited 
processing of a FOIA request when a compelling need for the requested 
records has been shown ``Compelling need'' means:
    (i) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (ii) An urgency to inform the public about an actual or alleged 
Federal Government activity, if the request is made by a person 
primarily engaged in disseminating information; or
    (iii) The records pertain to an immediate source of risk to the 
public health and safety or worker safety at a defense nuclear facility 
under the Board's jurisdiction.

[[Page 54595]]

    (2) A requester seeking expedited processing should so indicate in 
the initial request, and should state all facts supporting the need to 
obtain the requested records rapidly. The requester must also state 
that these facts are true and correct to the best of the requester's 
knowledge and belief.
    (3) When a request for expedited processing is received, the Board 
will respond within ten calendar days from the date of receipt of the 
request, stating whether or not the request has been granted. If the 
request for expedited processing is denied, any appeal of that decision 
will be acted upon expeditiously.


Sec. 1703.107  [Removed and Reserved]

    4. Section 1703.107(b)(2)(iv) is proposed to be removed and 
reserved.
    5. Section 1703.108 is proposed to be revised to read as follows:


Sec. 1703.108  Processing of FOIA requests

* * * * *
    (b) Action pursuant to this section to provide access to requested 
records shall be taken within twenty working days. This time period may 
be extended up to ten additional working days, in unusual 
circumstances, by written notice to the requester. If the Board will be 
unable to satisfy the request in this additional period of time, the 
requester will be so notified and given the opportunity to--
    (1) Limit the scope of the request so that it can be processed 
within the time limit, or
    (2) Arrange with the Designated FOIA Officer an alternative time 
frame for processing the original request or a modified request.
* * * * *
    Dated: October 14, 1997.
John T. Conway,
Chairman.
[FR Doc. 97-27704 Filed 10-20-97; 8:45 am]
BILLING CODE 3670-01-M



