Rule2023-15641
Technical Amendment: Freedom of Information Act Policies and Procedures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 25, 2023
Effective
July 25, 2023
Issuing agencies
Trade Representative, Office of United States
Abstract
This rule makes a minor technical change to the USTR Freedom of Information Act (FOIA) regulation.
Full Text
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<title>Federal Register, Volume 88 Issue 141 (Tuesday, July 25, 2023)</title>
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[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Rules and Regulations]
[Page 47772]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15641]
[[Page 47772]]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
15 CFR Part 2004
RIN 0350-AA13
Technical Amendment: Freedom of Information Act Policies and
Procedures
AGENCY: Office of the United States Trade Representative (USTR).
ACTION: Interim final rule with request for comments.
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SUMMARY: This rule makes a minor technical change to the USTR Freedom
of Information Act (FOIA) regulation.
DATES: The interim final rule is effective on July 25, 2023. The
deadline for the submission of written comments is August 24, 2023.
ADDRESSES: You should submit written comments to <a href="/cdn-cgi/l/email-protection#a2e4edebe3e2d7d1d6d08cc7cdd28cc5cdd4"><span class="__cf_email__" data-cfemail="3d7b72747c7d484e494f1358524d135a524b">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Janice Kaye or Monique Ricker at
<a href="/cdn-cgi/l/email-protection#64222b2d2524111710164a010b144a030b12"><span class="__cf_email__" data-cfemail="efa9a0a6aeaf9a9c9b9dc18a809fc1888099">[email protected]</span></a> or 202-395-3150.
SUPPLEMENTARY INFORMATION:
I. Technical Change
On December 15, 2016, USTR published a final rule comprehensively
revising its FOIA regulation. See 81 FR 90715. This rule makes a
technical change to Sec. 2004.6 to align the USTR rule with the
statute and Office of Information Policy guidance about the compelling
circumstances under which an agency must grant expedited processing. 5
U.S.C. 552(a)(6)(E); <a href="https://www.justice.gov/oip/oip-guidance/guidance-agency-foia-regulations">https://www.justice.gov/oip/oip-guidance/guidance-agency-foia-regulations</a>. More specifically, USTR is revising the
instances in which a requester demonstrates a ``compelling need'' in
Sec. 2004.6(d)(2) to include when USTR determines that a failure to
obtain requested records on an expedited basis could reasonably be
expected to pose an imminent threat to the life or physical safety of
an individual; or with respect to a request made by a person primarily
engaged in disseminating information, there is urgency to inform the
public concerning actual or alleged Federal Government activity.
II. Regulatory Flexibility Act
USTR has considered the impact of the interim final rule and
determined that it is not likely to have a significant economic impact
on a substantial number of small business entities because it is
applicable only to USTR's internal operations and legal obligations.
See 5 U.S.C. 601 et seq.
III. Paperwork Reduction Act
The interim final rule does not contain any information collection
requirement that requires the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
IV. Administrative Procedure Act (APA)
The interim final rule makes a technical, conforming amendment to a
procedural rule applicable only to USTR's internal operations and legal
obligations. Publication of a proposed rule is not required under 5
U.S.C. 553(b)(3)(A). For these reasons, USTR finds good cause for the
rule to become effective upon publication. Because USTR values public
input, it will accept comments on the interim final rule for 30 days,
and will make changes to the final rule if warranted.
List of Subjects in 15 CFR Part 2004
Administrative practice and procedure, Courts, Disclosure,
Exemptions, Freedom of information, Government employees, Privacy,
Records, Subpoenas, Testimony.
For the reasons stated in the preamble, USTR is amending chapter XX
of title 15 of the Code of Federal Regulations as follows:
PART 2004--DISCLOSURE OF RECORDS AND INFORMATION
0
1. Add an authority citation for part 2004 to read as follows:
Authority: 19 U.S.C. 2171(e)(3).
Subpart B--Freedom of Information Act Policies and Procedures
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2. The authority citation for subpart B of part 2004 continues to read
as follows:
Authority: 5 U.S.C. 552; 19 U.S.C. 2171(e)(3); Uniform Freedom
of Information Act Fee Schedule and Guidelines, 52 FR 10012, Mar.
27, 1987.
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3. Amend Sec. 2004.6 by:
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a. Revising paragraphs (d)(2)(i) and (ii); and
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b. Removing paragraphs (d)(2)(iii) and (iv).
The revisions read as follows:
Sec. 2004.6 When will we respond to your FOIA request?
* * * * *
(d) * * *
(2) * * *
(i) Failure to obtain the records on an expedited basis could
reasonably be expected to pose an imminent threat to the life or
physical safety of an individual; or
(ii) With respect to a request made by a person primarily engaged
in disseminating information, there is an urgency to inform the public
about a specific actual or alleged Federal Government activity that is
the subject of the request or appeal that extends beyond the public's
right to know about government activity generally.
* * * * *
Janice Kaye,
Chief FOIA Officer, Office of the United States Trade Representative.
[FR Doc. 2023-15641 Filed 7-24-23; 8:45 am]
BILLING CODE 3390-F3-P
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</html>Indexed from Federal Register on July 25, 2023.
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