24128 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Rules and Regulations

10 44 U.S.C. 3501 et seq. (Supp. II 1996).

11 5 U.S.C. 601 et seq. (1994 and Supp. II 1996).

12 5 U.S.C. 605(b) (1994).

13 5 U.S.C. 553(d) (1994).

rulemaking, the Commission does

intend to consider this issue in the near

future.

In light of the comments received, the

Commission is adopting the

amendments to Rule 4.5(a)(4) as

proposed.

III. Related Matters

A. Paperwork Reduction Act

When publishing proposed rules, the

Paperwork Reduction Act of 1995

(‘‘PRA’’) 10 imposes certain

requirements on Federal agencies

(including the Commission) in

connection with their conducting or

sponsoring any collection of

information as defined by the PRA. In

compliance with the PRA, the

Commission previously has submitted

Rule 4.5 in proposed form and its

associated information collection

requirements to the Office of

Management and Budget. The Office of

Management and Budget has approved

the collection of information of which

this proposed rule is a part through

September 30, 2001, OMB Control

Number 3038–0005: Rules Relating to

the Operations and Activities of

Commodity Pool Operators and

Commodity Trading Advisors and to

Monthly Reporting by Futures

Commission Merchants. While this

proposed rule has no burden, the group

of rules (3038–0005) of which it is a part

has the following burden:

Average Burden Hours Per Response:

7.49.

Number of Respondents: 6,949.

Frequency of Response: Monthly,

Quarterly, Annually, On Occasion.

Copies of the OMB approved

information collection package

associated with this rule are available

from the Desk Officer, CFTC, Office of

Management and Budget, Room 10202,

NEOB, Washington, DC, 20503, (202)

395–7340.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act

(‘‘RFA’’) 11 requires each federal agency

to consider in the course of proposing

substantive rules the effect of those

rules on small entities. The definitions

of small entities that the Commission

has established for this purpose do not

address the persons and qualifying

entities set forth in Rule 4.5 because, by

the very nature of the rule, the

operations and activities of such

persons and entities generally are

regulated by Federal and State

authorities other than the Commission.

Assuming, arguendo, that Church Plans

would be small entities for purposes of

the RFA, the Commission believes that

the amendment to Rule 4.5(a)(4) would

not have a significant economic impact

on them because it would not require

the filing of a notice containing

specified operating criteria with the

Commission to claim the relief available

under the rule. Moreover, the

Commission notes that the amendment

potentially would relieve a greater

number of persons (i.e., the operators of

Church Plans) from the requirement to

register as a CPO and from the

disclosure, reporting and recordkeeping

requirements applicable to registered

CPOs.

Accordingly, the Chairman, on behalf

of the Commission, certifies pursuant to

Section 3(a) of the RFA 12 that amended

Rule 4.5(a)(4) will not have a significant

economic impact on a substantial

number of small entities.

C. Administrative Procedure Act.

The Administrative Procedure Act

provides that the required publication of

a substantive rule shall be made not less

than 30 days before its effective date,

but provides an exception for ‘‘a

substantive rule which grants or

recognizes an exemption or relieves a

restriction.’’ 13 Because Rule 4.5(a)(4)(v)

provides that Church Plans shall not be

construed to be pools, the operators of

Church Plans are not CPOs and they are

not subject to regulation as CPOs under

the Act. Accordingly, the Commission

has determined to make the proposed

amendments to Rule 4.5 effective

immediately.

List of Subjects in 17 CFR Part 4

Commodity pool operators,

Commodity futures.

In consideration of the foregoing and

pursuant to the authority contained in

the Commodity Exchange Act and, in

particular, sections 1a(4), 4k, 4l, 4m, 4n,

4o and 8a, 7 U.S.C. 1a(4), 6k, 6l, 6m, 6n,

6o and 12a, the Commodity Futures

Trading Commission hereby amends

Chapter I of Title 17 of the Code of

Federal Regulations as follows:

PART 4—COMMODITY POOL

OPERATORS AND COMMODITY

TRADING ADVISORS

1. The authority citation for Part 4

continues to read as follows:

Authority: 7 U.S.C. 1a, 2, 4, 6b, 6c, 6l, 6m,

6n, 6o, 12a and 23.

2. In § 4.5, in paragraph (a)(4)

introductory text, the proviso text is

republished and paragraph (a)(4) is

amended by removing the word ‘‘and’’

at the end of paragraph (a)(4)(ii), by

removing the period and adding a semicolon at the end of paragraph (a)(4)(iii),

by removing the period at the end of

paragraph (a)(4)(iv) and adding ‘‘; and’’

in its place, and by adding paragraph

(a)(4)(v) to read as follows:

§ 4.5 Exclusion for certain otherwise

regulated persons from the definition of the

term ‘‘commodity pool operator.’’

(a) * * *

(4) * * * Provided, however, That for

purposes of this § 4.5 the following

employee benefit plans shall be

construed to be pools:

* * * * *

(v) A plan defined as a church plan

in Section 3(33) of title I of the

Employee Retirement Income Security

Act of 1974 with respect to which no

election has been made under 26 U.S.C.

410(d).

* * * * *

Issued in Washington, D.C. on April 18,

2000, by the Commission.

Catherine D. Dixon,

Assistant Secretary of the Commission.

[FR Doc. 00–10087 Filed 4–25–00; 8:45 am]

BILLING CODE 6351–01–M

OCCUPATIONAL SAFETY AND

HEALTH REVIEW COMMISSION

29 CFR Part 2201

Regulations Implementing the

Electronic Freedom of Information Act

AGENCY: Occupational Safety and Health

Review Commission.

ACTION: Interim final rule.

SUMMARY: The Occupational Safety and

Health Review Commission is revising

its Freedom of Information Act (FOIA)

regulations to conform with the

Electronic Freedom of Information Act

Amendments of 1996 (EFOIA). The

EFOIA specifies how the FOIA applies

to records maintained in hard copy or

electronic format. The rule implements

statutory provisions that broaden public

access to government information by

making more records available in

electronic format. The rule implements

provisions that recognize the difficulty

in responding to requests in the 10

working days formerly required and

extends that time to 20 working days. It

also provides procedures for discussing

with FOIA requesters ways of tailoring

requests to improve responsiveness.

This interim rule amends the Review

Commission’s FOIA regulations to

comply with the requirements of the

new statute. Certain other changes have

Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Rules and Regulations 24129

been made to correct administrative

errors and to update or remove obsolete

information.

DATES: This interim final rule is

effective on May 22, 2000. Comments

must be submitted on or before June 26,

2000.

ADDRESSES: Written comments should

be submitted to Linda A. Whitsett,

Freedom of Information Act Officer,

Occupational Safety and Health Review

Commission, 1120 20th St., NW, Ninth

Floor, Washington, DC 20036–3419.

FOR FURTHER INFORMATION CONTACT:

Linda A. Whitsett, Freedom of

Information Act Officer, (202) 606–5398.

SUPPLEMENTARY INFORMATION:

Background Information

EFOIA requires agencies to

promulgate regulations implementing

certain of its requirements, including

the tracking of FOIA requests, the

aggregation of FOIA requests and the

expedited processing of FOIA requests.

EFOIA also changes the time limit for

responding to FOIA requests from 10 to

20 working days, the requirements for

reporting to Congress, and the instances

in which an agency may extend the time

within which it will respond to a FOIA

request. In addition, EFOIA includes

provisions regarding the availability of

documents in electronic form, the

treatment of electronic records and the

establishment of ‘‘electronic reading

rooms.’’

The Review Commission has

determined that compelling reasons

exist to promulgate this interim rule

without prior opportunity for public

comment. This rule is necessary for

immediate implementation of EFOIA.

Comments received in response to the

publication of this interim final rule

will be considered prior to the

promulgation of a final rule.

New Provisions

A. Electronic Records

At 5 U.S.C. 552(f)(2), EFOIA defines

‘‘record,’’ for purposes of FOIA, as ‘‘any

information that would be an agency

record subject to the requirements of [5

U.S.C. 552] when maintained by an

agency in any format, including an

electronic format.’’ Section 552(f)

clarifies that the term ‘‘agency record’’

includes information stored in any

computer readable format as well as

traditional paper documents. This

interim final rule amends 29 CFR

2201.4(a) to specifically include

information in an electronic format

within the definition of the agency’s

‘‘General Policy, Non-exempt records

available to the public.’’

B. Electronic Reading Room

5 U.S.C. 552(a)(2) broadens the

requirement for agencies to make

available for public inspection and

copying certain information, such as

agency opinions, policy statements and

interpretations not published in the

Federal Register, administrative staff

manuals and staff instructions that

affect a member of the public. EFOIA

expands section 552(a)(2) to include

agency records that have been made

publicly available and are likely to be

the subject of repetitive public requests,

as well as a general index of these

frequently sought documents. The

amendments also provide that section

552(a)(2) records created on or after

November 1, 1996 must be made

available by computer

telecommunications within one year

after such date, or if computer

telecommunications have not been

established, by other electronic means.

The general index of these records is to

be available by computer

telecommunications by December 31,

1999. These new requirements, as well

as the on-line address for the Review

Commission’s homepage on the

Internet, are incorporated in 29 CFR

2201.4(d).

EFOIA also requires that where

materials have been withheld in records

made available to the public, the extent

of those deletions must be indicated on

the portion of the record made available

and, where technically possible, must

be indicated at the place in the record

where the deletion occurred. This new

requirement is included at 29 CFR

2201.7(f).

C. Honoring Form or Format Requests

At 5 U.S.C. 552(a)(3), EFOIA requires

that agencies make records available to

the public ‘‘in any form or format

requested by the person if the record is

readily reproducible by the agency’’ in

the requested form or format. This new

requirement is included in 29 CFR

2201.6(b). EFOIA makes it clear, at 5

U.S.C. 552(a)(3)(C), that agencies should

search for records in their electronic

form, and in hard copy form, in

response to FOIA requests, except when

such searching would significantly

interfere with the operation of the

agency’s automated information system.

Also under the EFOIA amendments,

‘‘search’’ means to look for agency

records manually ‘‘or by automated

means’’ to locate records responsive to

a request. This requirement is included

in 29 CFR 2201.4(a).

D. Time Limits for Responding to

Requests

5 U.S.C. 552(a)(6)(A)(I) extends the

time to respond to a request to 20

working days from 10 working days,

effective October 2, 1997. 29 CFR

2201.7(a) is amended to reflect this

change.

E. Multitrack Processing of Requests

Congress recognized that even with

lengthening the time to respond to

requests, many agencies may fail to

meet the 20 working day deadline for

some requests. Therefore, 5 U.S.C.

552(a)(6)(D) authorizes agencies to

establish ‘‘multitrack processing.’’

Under this system, requests are

categorized based on the amount of

agency effort involved in processing the

request. This new multitrack system of

course still requires the exercise of due

diligence by agencies. It also requires

that requesters have the opportunity to

limit the scope of their requests to

qualify for the processing of their

request under a faster track. These new

provisions are incorporated in

Commission’s two-track system

described at 29 CFR 2201.7(d).

F. Unusual Circumstances

Congress recognized that even with

multitrack processing, in some

circumstances the statutory response

time will be exceeded. The EFOIA

retains the provisions for agencies to

extend the initial 20 working day

response time for an initial request, or

the 20 working day response time for an

appeal, by an additional 10 working

days in ‘‘unusual circumstances.’’

Agencies must provide the requester

with written justification for the

extension and include the date of the

expected response. The amendments at

29 U.S.C. 552(a)(6)(B)(iii) define

‘‘unusual circumstances’’ as time

needed to search for and collect the

requested records from field facilities or

other establishments that are separate

from the office processing the request;

the need to search for, collect, and

appropriately examine a voluminous

amount of material sought in a single

request; or the need for consultation

with another agency having a

substantial interest in the determination

of the request or among two or more

parts of the agency having substantial

interest in the request. These new

provisions are incorporated at 29 CFR

2201.7(b).

In addition, 5 U.S.C. 552(a)(6)(B)(ii),

authorizes agencies to negotiate a

response time with a requester that may

exceed the statutory maximum (20

working days plus a 10 working day

24130 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Rules and Regulations

extension) for those FOIA requests that

the agency determines cannot be

processed within the statutory time

limits. The agency must offer the

requester an opportunity to limit the

scope of the request so that it may be

processed within the prescribed 20

working days or arrange an alternative

time frame for processing the request or

a modified request. These new

provisions are also incorporated at 29

CFR 2201.7(c).

G. Requests for Expedited Processing

At 5 U.S.C. 552(a)(6)(E)(I)(I), EFOIA

requires agencies to promulgate

regulations to provide for expedited

processing in instances where the

requester demonstrates a ‘‘compelling

need’’ and in other cases where the

agency determines expedited processing

is warranted. A ‘‘compelling need’’

exists (1) where 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 (2) with

respect to a request made by a person

primarily engaged in disseminating

information, there is an urgency to

inform the public concerning actual or

alleged Federal Government activity.

The House Committee report explaining

the legislation (H.R. Rep. No. 795, 104th

Cong., 2d Sess. (1996) ) states that a

person ‘‘primarily engaged’’ in the

business of information dissemination

‘‘should not include individuals who

are engaged only incidentally in the

dissemination of information,’’ but

requires that ‘‘information

dissemination be the main activity of

the requester, although it need not be

their sole occupation.’’ A requester who

is ‘‘only incidentally’’ involved in

information dissemination, in addition

to other activities, would not satisfy this

requirement.

The House Committee report further

explains that the term ‘‘urgency to

inform,’’ one of the qualifying elements

for expedited processing, must involve

a matter of ‘‘current exigency to the

American public’’ such that any

reasonable person could conclude that

delaying a response to a FOIA request

would compromise a ‘‘significant

recognized interest.’’ The public’s right

to know, while ‘‘significant and

important,’’ would not stand alone as

sufficient to satisfy this standard.

Agencies must make both ‘‘factual and

subjective judgments’’ about situations

cited by requesters as reasons for

expedited processing and must

demonstrate ‘‘fairness and diligence’’ in

exercising their discretion.

Section 552(a)(6)(E)(ii)(I) requires that

requesters must receive written notice

within 10 calendar days after the date of

the request regarding the determination

of expedited processing. Once expedited

processing is granted, agencies must

process the request ‘‘as soon as

practicable’’ under 5 U.S.C.

552(a)(6)(E)(iii) and administrative

appeals of a denial of an expedited

processing request must be handled

with ‘‘expeditious consideration’’ under

5 U.S.C. 552(a)(6)(E)(ii)(II). If an agency

denies the request for expedited

processing or fails to act upon the

request within the prescribed 10

calendar days, a petitioner may seek

judicial review. The Commission has

implemented these EFOIA requirements

regarding expedited processing at 29

CFR 2201.7(e).

H. Estimates of the Volume of Materials

Denied

At 5 U.S.C. 552(a)(6)(F), EFOIA

requires agencies to make a reasonable

effort to estimate the volume of any

requested matter the provision of which

is denied in whole or in part, and to

inform the requester unless providing

such information would harm an

interest protected by a FOIA exemption

on which the denial is based. This new

requirement is implemented at 29 CFR

2201.7(f).

I. Annual Report to Congress

At 5 U.S.C. 552(e), EFOIA amends the

annual requirements for reporting

agency FOIA activities to Congress by

expanding the amount of information

for inclusion in the report and requiring

agencies to make these reports available

to the public by computer access or

other electronic means. The

Commission annual report is on its

website at: http://www.oshrc.gov. The

report is also available in the

Commission Information Office. The

Commission has implemented these

amended EFOIA reporting requirements

at 29 CFR 2201.10.

List of Subjects in 29 CFR Part 2201

Freedom of information.

For the reasons set forth in the

preamble, 29 CFR part 2201 is amended

as follows:

PART 2201—REGULATIONS

IMPLEMENTING THE FREEDOM OF

INFORMATION ACT

1. The authority citation for part 2201

continues to read as follows:

Authority: 29 U.S.C. 661(g); 5 U.S.C. 552.

2. Section 2201.4 is amended by

revising paragraphs (a) and (c) and

adding paragraph (d) to read as follows:

§ 2201.4 General policy.

* * * * *

(a) Non-exempt records available to

public. Except for records and

information exempted from disclosure

by 5 U.S.C. 553(b) or published in the

Federal Register under 5 U.S.C.

552(a)(1), all records of the Commission

or in its custody are available to any

person who requests them in

accordance with § 2201.6. Records

include any information that would be

a record subject to the requirements of

5 U.S.C. 552 when maintained by the

Review Commission in any format,

including electronic format. In

searching for records, the Review

Commission will look for records

manually or by automated means. The

Review Commission will search for

records in their electronic form and in

hard copy form, in response to FOIA

requests, except when such searching

would significantly interfere with the

operation of the Commission’s

automated information system.

* * * * *

(c) Record availability. The records of

Review Commission activities are

publicly available for inspection and

copying at the OSHRC Information

Office, 1120 20th St., NW, 9th Floor,

Washington, DC. These records include:

(1) Final opinions including

concurring and dissenting opinions as

well as orders issued as a result of

adjudication of cases.

(2) OSHRC Rules of Procedure and

Guides to those procedures.

(3) Copies of records that have been

released to a person under the Freedom

of Information Act (FOIA) that, because

of the subject matter, the Review

Commission determines that the records

have become or are likely to become the

subject of subsequent requests for

substantially the same records.

(4) A general index of records released

under the FOIA.

(d) Materials created on or after

November 1, 1996 under paragraphs (c)

(1), (2), (3) and (4) of this section may

also be accessed through the Internet at

the Review Commission’s World Wide

Web site at http://www.oshrc.gov

3. In § 2201.6, paragraph (b) is revised

to read as follows:

§ 2201.6 Procedure for requesting records.

* * * * *

(b) Other information. Persons

wishing to obtain copies of documents

(including the hearing transcript filed in

a case before the Review Commission or

a Judge, and information that is freely

available under paragraph (a) of this

section), shall submit a request in

writing to the Freedom of Information

Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Rules and Regulations 24131

Act Officer at the address in § 2201.5(a).

The request shall be clearly identified as

a request for information under the

Freedom of Information Act. The

envelope or cover enclosing or covering

the request shall have the phrase

‘‘INFORMATION REQUEST’’ in capital

letters on it. The agency will make

information available in any form or

format requested by the person if the

record is readily reproducible by the

agency in that form or format.

* * * * *

4. § 2201.7 is amended by revising

paragraph (a), redesignating paragraph

(b) as paragraph (f) and revising it,

redesignating paragraph (c) as paragraph

(g); and adding paragraphs (b), (c), (d),

(e) and (h). The revised and added text

reads as follows:

§ 2201.7 Responses to requests.

(a) Responses within 20 working days.

The Review Commission Freedom of

Information Act Officer will either grant

or deny a request for records within 20

working days after receiving the request.

(b) Extensions of response time in

unusual circumstances. In unusual

circumstances, the Review Commission

may extend the time limit prescribed in

paragraph (a) of this section by not more

than 10 working days. The extension

may be made by written or telephonic

notice to the requester and will include

an explanation of the reasons for the

extension and will indicate the date on

which a determination is expected to be

made. ‘‘Unusual circumstances’’ exists,

but only to the extent reasonably

necessary to the proper processing of

the particular request, when there is a

need to:

(1) Search for and collect the

requested records from field facilities or

other establishments separate from the

office processing the request;

(2) Search for, collect, and

appropriately examine a voluminous

amount of separate and distinct records

which are demanded in a single request;

or

(3) Consult, with all practicable

speed, with another agency having a

substantial interest in the determination

of the request or among two or more

components within the Review

Commission having substantial subjectmatter interest therein.

(c) Additional extension. A requester

shall be notified when it appears that a

request cannot be completed within the

allowable time (20 working days plus a

10 working day extension). In such

instances, the requester will be provided

an opportunity to limit the scope of the

request so that it may be processed in

the time limit, or to agree to a

reasonable alternative time frame for

processing.

(d) Multitrack processing. To ensure

the most equitable treatment possible

for all requesters, the Commission will

process requests on a first-in, first-out

basis using a two track processing

system based upon the estimated time it

will take to process the request.

(1) The first track is for requests of

simple to moderate complexity that are

expected to be completed within 20

working days.

(2) The second track is for requests

involving ‘‘unusual circumstances’’ that

are expected to take between 21 to 30

working days to complete and those

that, because of their unusual volume or

other complexity, are expected to take

more than 30 working days to complete.

(3) Requesters should assume, unless

notified by the Review Commission,

that their request is in the first track.

The Review Commission will notify

requesters when their request is placed

in the second track for processing and

that notification will include the

estimated time for completion. Should

subsequent information substantially

change the estimated time to process a

request, the requester will be notified

telephonically or in writing. In the case

of a request expected to take more than

30 working day for action, a requester

may modify the request to allow it to be

processed faster or to reduce the cost of

processing. Partial responses may be

sent to requesters as documents are

obtained by the FOIA office from the

supplying offices.

(e) Expedited processing. (1) The

Commission may place a person’s

request at the front of the queue for the

appropriate track for that request upon

receipt of a written request that clearly

demonstrates a compelling need for

expedited processing. Requesters must

provide detailed explanations to

support their expedited requests. For

purposes of determining expedited

processing, the term compelling need

means:

(i) 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 any individual; or

(ii) That a request is made by a person

primarily engaged in disseminating

information, and that person establishes

that there is an urgency to inform the

public concerning actual or alleged

Federal Government activity.

(2) A person requesting expedited

processing must include a statement

certifying the compelling need given to

be true and correct to the best of his or

her knowledge and belief. The

certification requirement may be waived

by the Review Commission as a matter

of agency discretion.

(3) The FOIA Officer will make the

initial determination whether to grant or

deny a request for expedited processing

and will notify a requester within 10

calendar days after receiving the request

whether its processing will be

expedited.

(4) Administrative appeals of a denial

of an expedited processing request will

be handled with expeditious

consideration.

(f) Content of denial. When the

Freedom of Information Act Officer

denies a request, the notice of the denial

shall state the reason for it and that the

denial may be appealed as specified in

paragraph (g) of this section. A refusal

by the Freedom of Information Act

Officer to process the request because

the requester has not made advance

payment or given a satisfactory

assurance of full payment required

under § 2201.8(f) may be treated as a

denial of the request and appealed

under paragraph (g) of this section.

When release of entire records is denied

in whole or in part, a reasonable effort

will be made to estimate the volume of

any requested matter that is denied,

unless providing such an estimate

would harm an interest protected by the

exemption(s) under which the matter

has been denied.

* * * * *

(h) Deletions. The amount of

information deleted from records shall

be indicated on the released portion of

the record, unless including that

indication would harm an interest

protected by the exemption under

which the deletion is made. If

technically feasible, the amount of the

information deleted shall be indicated at

the place in the record where the

deletion is made.

§ 2201.10 is revised to read as follows:

§ 2201.10 Maintenance of statistics.

(a) The Freedom of Information Act

Officer shall maintain records of:

(1) The number of determinations

made by the agency not to comply with

the requests for records made to the

agency and the reasons for those

determinations;

(2) The number of appeals made by

persons, the results of those appeals,

and the reason for the action upon each

appeal that results in a denial of

information;

(3) A complete list of all statutes that

the agency used to authorize the

withholding of information under 5

U.S.C. 552(b)(3), which exempts

information that is specifically

exempted from disclosure by other

statutes;

24132 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Rules and Regulations

(4) A description of whether a court

has upheld the decision of the agency to

withhold information under each of

those statutes cited, and a concise

description of the scope of any

information upheld;

(5) The number of requests for records

pending before the agency as of

September 30 of the preceding year and

the median number of days that these

requests had been pending before the

agency as of that date;

(6) The number of requests for records

received by the agency and the number

of requests the agency processed;

(7) The median number of days taken

by the agency to process different types

of requests;

(8) The total amount of fees collected

by the agency for processing requests;

(9) The average amount of time that

the agency estimates as necessary, based

on the past experience of the agency, to

comply with different types of requests;

(10) The number of full-time staff of

the agency devoted to the processing of

requests for records under this section;

and

(11) The total amount expended by

the agency for processing these requests.

(b) The Freedom of Information Act

Officer shall annually, on or before

February 1 of each year, prepare and

submit to the Attorney General an

annual report covering each of the

categories of records to be maintained in

accordance with paragraph (a) of this

section, for the previous fiscal year. A

copy of the report will be available for

public inspection and copying at the

Commission Information Office and a

copy will accessible through the

Internet at OSHRC’s World Wide Web

site at http://www.oshrc.gov.

Dated: April 18, 2000.

Patricia A. Randle,

Executive Director.

[FR Doc. 00–10275 Filed 4–24–00; 8:45 am]

BILLING CODE 7600–01–P

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1234

RIN 3095–AA94

Elimination of Requirement to Rewind

Computer Tapes

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Final rule.

SUMMARY: NARA is revising its

regulations to eliminate the requirement

that Federal agencies rewind under

controlled tension all computer tapes

containing unscheduled or permanent

records every 31⁄2 years. This change

will affect Federal agencies that store

unscheduled or permanent records on

computer open-reel tapes or tape

cartridges.

DATES: Effective May 25, 2000.

FOR FURTHER INFORMATION CONTACT:

Nancy Allard or Shawn Morton at (301)

713–7360.

SUPPLEMENTARY INFORMATION: This rule

was published as a proposed rule for

comment in the Federal Register on

February 3, 2000 (65 FR 5295). NARA

received 6 comments on the proposed

rule, all supporting the change. Four

comments were from Federal agencies

and two comments were from private

individuals.

This rule is not a significant

regulatory action for the purposes of

Executive Order 12866. As required by

the Regulatory Flexibility Act, it is

hereby certified that this rule will not

have a significant impact on a

substantial number of small entities

because it applies to Federal agencies.

This rule does not have any federalism

implications.

List of Subjects in 36 CFR Part 1234

Archives and records, Computer

technology.

For the reasons stated in the

preamble, the National Archives and

Records Administration is amending 36

CFR Part 1234 to read as follows:

PART 1234—ELECTRONIC RECORDS

MANAGEMENT

Subpart C—Standards for the Creation,

Use, Preservation, and Disposition of

Electronic Records

1. The authority citation for part 1234

continues to read as follows:

Authority: 44 U.S.C. 2904, 3101, 3102, and

3105.

§ 1234.30 [Amended]

2. In § 1234.30, remove paragraph

(g)(3) and redesignate paragraphs (g)(4)

through (g)(7) as paragraphs (g)(3)

through (g)(6) respectively.

Dated: April 19, 2000.

John W. Carlin,

Archivist of the United States.

[FR Doc. 00–10249 Filed 4–25–00; 8:45 am]

BILLING CODE 7515–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 222 and 223

[Docket No. 991207322–0107–03; I.D.

041300A]

RIN 0648–AN30

Sea Turtle Conservation; Shrimp

Trawling Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Temporary rule; request for

comments.

SUMMARY: NMFS is imposing, for a 30-

day period, an additional restriction on

shrimp trawlers required to have a turtle

excluder device (TED) installed in each

net that is rigged for fishing, operating

in Gulf of Mexico offshore waters

bounded by the line originating at the

tip of the south jetty at Port Mansfield

Channel and terminating at the tip of

the north jetty at Aransas Pass, Texas.

Shrimp vessels operating in this area

must use a TED with an escape opening

large enough to exclude leatherback

turtles, as specified in the regulations.

This action is necessary to reduce

mortality of endangered leatherback sea

turtles incidentally captured in shrimp

trawls.

DATES: This action is effective from

April 19, 2000 through May 19, 2000.

Comments on this action are requested,

and must be received at the appropriate

address or fax number (see ADDRESSES)

by May 19, 2000.

ADDRESSES: Comments on this action

should be addressed to the Chief,

Endangered Species Division, Office of

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD

20910. Comments may also be sent via

fax to 301–713–0376. Comments will

not be accepted if submitted via e-mail

or the Internet.

FOR FURTHER INFORMATION CONTACT:

Charles A. Oravetz (ph. 727–570–5312,

fax 727–570–5517, e-mail

Chuck.Oravetz@noaa.gov), or Barbara A.

Schroeder (ph. 301–713–1401, fax 301–

713–0376, e-mail

Barbara.Schroeder@noaa.gov).

For assistance in modifying TED

escape openings to exclude leatherback

sea turtles, fishermen may contact gear

specialists at the NMFS, Pascagoula, MS

laboratory by phone (228)–762 4591 or

by fax (228) 769–8699.

SUPPLEMENTARY INFORMATION: