[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Proposed Rules]
[Pages 40316-40317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19709]


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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2


Paroling, Recommitting, and Supervising Federal Prisoners: 
Disclosure of Parole Commission Regional Office File

AGENCY: United States Parole Commission, Justice.

ACTION: Proposed rule.

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SUMMARY: U.S. Parole Commission is proposing to amend its regulations 
on disclosure of regional office files to comply with the ``Electronic 
Freedom of Information Act Amendments of 1996.''

DATES: Comments must be received by August 31, 1997.

ADDRESSES: Send comments to Office of General Counsel, U.S. Parole 
Commission, 5550 Friendship Boulevard, Chevy Chase, Maryland 20815.

FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General 
Counsel, U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase, 
Maryland 20815, telephone (301) 492-5959.

SUPPLEMENTARY INFORMATION: On October 2, 1996, the President signed

[[Page 40317]]

into law the Electronic Freedom of Information Act (FOIA) Amendments of 
1996. The FOIA amendments permit agencies to promulgate regulations 
providing for ``multitrack'' processing of FOIA requests. This 
establishes two separate tracks for FOIA requests. One track would 
contain more comprehensive requests (e.g., for complete file 
disclosure) and would be processed at the ordinary rate, whereas the 
second track would contain less burdensome requests and would be 
processed more quickly. This track (priority disclosure) will be 
reserved for hearing tape requests and requests for not more than two 
documents (e.g., the hearing summary and/or a presentence report). 
(Where multiple hearings are conducted before a decision is rendered, 
such hearings will be treated as a single hearing when a request is 
made for tape recordings.) The Commission is proposing to revise its 
regulations to include such multitrack processing.
    Further, the amendments require agencies to promulgate regulations 
that provide for expedited processing of certain types of requests. The 
Commission is adopting the language of the amendments regarding 
expedited processing for cases demonstrating ``compelling need.'' 
Although the amendments to the FOIA allow the Commission to define 
other cases which demonstrate compelling need, the Commission is not 
doing so because the majority of its FOIA requesters are federal 
inmates and parolees, and the Parole Commission Reorganization Act 
(PCRA) provides these sentenced offenders with a legally sufficient 
opportunity for disclosure prior to all types of parole hearings, 
independently of the FOIA. See 18 U.S.C. 4208 and 28 CFR 2.55.

Executive Order 12866 and Regulatory Flexibility Statement

    The U.S. Parole Commission has determined that this proposed rule 
is not a significant rule within the meaning of Executive Order 12866, 
and the proposed rule has, accordingly, not been reviewed by the Office 
of Management and Budget. The proposed rule, if adopted, will not have 
a significant economic impact upon a substantial number of small 
entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 
605(b).

List of Subjects in 28 CFR Part 2

    Administrative practice and procedure, Probation and parole, 
Prisoners.

The Proposed Amendment

    Accordingly, the U.S. Parole Commission proposes the following 
amendment to 28 CFR Part 2.

PART 2--[AMENDED]

    1. The authority citation for 28 CFR Part 2 continues to read as 
follows:

    Authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6).

    2. Section 2.56 is proposed to be amended by adding a new paragraph 
(b)(1), adding and reserving paragraph (b)(2), and by adding a new 
paragraph (i). These new provisions read as follows:


Sec. 2.56  Disclosure of Parole Commission regional office file.

* * * * *
    (b) Scope of disclosure. * * *
    (1) Requests that are only for a copy of the tape recording of a 
hearing will be processed ahead of requests seeking multiple documents 
from the regional office file (priority processing). A requester may 
limit the scope of the request to a tape recording only (or to a tape 
recording and/or up to two documents) and thereby qualify for priority 
processing. For example, a request for the tape recording and the 
examiner's summary of a hearing qualifies for priority processing.
    (2) [Reserved]
* * * * *
    (i) Expedited processing of Requests. (1) The Commission will 
provide expedited processing of a request when a requester has 
demonstrated a compelling need as defined in this section and has 
presented a statement certified by such person to be true and correct 
to the best of such person's knowledge and belief. A requester may 
demonstrate ``compelling need'' by establishing one of the following:
    (i) that failure to obtain the 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
    (ii) with respect to a request made by a person primarily engaged 
in disseminating information, urgency to inform the public concerning 
actual or alleged federal government activity.
    (2) A determination as to whether to provide expedited processing 
shall be made within ten days after the date of the request. However, 
the fact of lawful imprisonment in a correctional facility or 
revocation of parole shall not be deemed to pose an imminent threat to 
the life or physical safety of an individual. The Commission shall 
process as soon as practicable any request for records to which it has 
granted expedited processing. An administrative appeal of a denial of 
expedited processing may be made to the Chairman of the Commission 
within thirty days from the date of notice denying expedited 
processing.
    Dated: July 21, 1997.
Michael J. Gaines,
Chairman, U.S. Parole Commission.
[FR Doc. 97-19709 Filed 7-25-97; 8:45 am]
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