Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Rules and Regulations 48757

November 8, 1996, the Commissioner

delegated to the Deputy Commissioner

for Policy and the Associate

Commissioner for Policy Coordination

his authority, as head of the agency

under the Regulatory Flexibility Act (5

U.S.C. 605(b)), to certify that a proposed

or final rule, if issued, will not have a

significant economic impact on a

substantial number of small entities.

The Commissioner authorized the

Deputy Commissioner for Policy and the

Associate Commissioner for Policy

Coordination to redelegate this

authority.

Moreover, in a memorandum dated

June 25, 1997, the Deputy

Commissioner for Policy redelegated to

certain FDA officials authorized to issue

Federal Register documents the

authority to make a certification under

5 U.S.C. 605(b) for any notice of

proposed rulemaking and for any final

rule that such official is authorized to

issue. Authority delegated to a position

by title may be exercised by a person

officially designated to serve in such

position in an acting capacity or on a

temporary basis.

List of Subjects in 21 CFR Part 5

Authority delegations (Government

agencies), Imports, Organization and

functions (Government agencies).

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs, 21 CFR part 5 is

amended as follows:

PART 5—DELEGATIONS OF

AUTHORITY AND ORGANIZATION

1. The authority citation for 21 CFR

part 5 continues to read as follows:

Authority: 5 U.S.C. 504, 552, App. 2; 7

U.S.C. 138a, 2271; 15 U.S.C. 638, 1261–1282,

3701–3711a; secs. 2–12 of the Fair Packaging

and Labeling Act (15 U.S.C. 1451–1461); 21

U.S.C. 41–50, 61–63, 141–149, 467f, 679(b),

801–886, 1031–1309; secs. 201–903 of the

Federal Food, Drug, and Cosmetic Act (21

U.S.C. 321–394); 35 U.S.C. 156; secs. 301,

302, 303, 307, 310, 311, 351, 352, 361, 362,

1701–1706, 2101 of the Public Health Service

Act (42 U.S.C. 241, 242, 242a, 242l, 242n,

243, 262, 263, 264, 265, 300u-300u-5, 300aa1); 42 U.S.C. 1395y, 3246b, 4332, 4831(a),

10007–10008; E.O. 11490, 11921, and 12591.

2. Section 5.20 is amended by adding

paragraph (f)(4) to read as follows:

§ 5.20 General redelegations of authority

from the Commissioner to other officers of

the Food and Drug Administration.

(f) * * *

(4) The Deputy Commissioner for

Policy and the Associate Commissioner

for Policy Coordination are authorized

under the Regulatory Flexibility Act (5

U.S.C. 605(b)) to certify that a proposed

or final rule, if issued, will not have a

significant economic impact on a

substantial number of small entities.

The delegation excludes the authority to

submit reports to Congress.

* * * * *

3. Section 5.100 is added to subpart

C to read as follows:

§ 5.100 Officials authorized to make

certification under 5 U.S.C. 605(b) for any

proposed and final rules.

The following officials are authorized

to perform all the functions of the

Commissioner of Food and Drugs with

regard to decisions made under the

Regulatory Flexibility Act (5 U.S.C.

605(b)), to certify that a proposed or

final rule, if issued, will not have a

significant economic impact on a

substantial number of small entities:

(a) The Associate Commissioner for

Regulatory Affairs (ACRA).

(b) The Director, Center for Biologics

Evaluation and Research (CBER).

(c) The Director, Center for Drug

Evaluation and Research (CDER).

(d) The Director, Center for Devices

and Radiological Health (CDRH).

(e) The Director, Center for Food

Safety and Applied Nutrition (CFSAN).

(f) The Director, Center for Veterinary

Medicine (CVM).

(g) Other FDA Officials Authorized to

Issue Federal Register Documents.

Dated: September 9, 1997.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 97–24582 Filed 9–16–97; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF STATE

22 CFR Part 171

[Public Notice No. 2588]

Office of Information Resources

Management Programs and Services;

Access to Information—Freedom of

Information Provisions

AGENCY: Office of Information Resources

Management Programs and Services,

Department of State.

ACTION: Interim rule with request for

comment.

SUMMARY: The Department of State is

hereby promulgating interim rules and

soliciting comments prior to adoption of

final rules to implement its obligations

under the Freedom of Information Act

relating to requests for expeditious

processing of requests.

DATES: The interim rule is effective on

October 2, 1997. Comments must be

submitted on or before November 17,

1997.

ADDRESSES: Written comments may be

mailed or delivered to the Information

and Privacy Coordinator, Office of

Information Resources Management

Programs and Services, Room 1239,

Department of State, 2201 C Street,

N.W., Washington, D.C. 20520–1239.

FOR FURTHER INFORMATION CONTACT:

Margaret P. Grafeld, Acting Director,

Office of Information Resources

Management Programs and Services,

Room 1239, Department of State, 2201

C Street, NW, Washington, D.C. 20520–

1239; telephone (202) 647–7740;

facsimile (202) 647–5094.

SUPPLEMENTARY INFORMATION: This

document promulgates interim rules

and seeks public comment. The agency

is compelled to comply with the

mandates of the Electronic Freedom of

Information Act (E–FOIA) Amendments

of 1996 legislation, and applicable

deadlines, which require new

procedures to become effective October

2, 1997. This interim rule revises 22

CFR 171.12 to bring these regulations

into conformity with the new statutory

provisions set forth in the (E–FOIA)

Amendments related to time limits for

response and consideration of requests

for expedited processing of Freedom of

Information Act inquiries. Therefore,

the agency waives publication of a

proposed rule in accordance with the

‘‘good cause’’ provision of the

Administrative Procedure Act, 5 U.S.C.

553. The rule is not expected to have a

significant impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

Nor does it impose unfunded mandates

under the Unfunded Mandates Reform

Act. This rule does not alter

substantially any existing rights of

members of the public. In addition, the

rule does not impose information

collection requirements under the

provisions of the Paperwork Reduction

Act of 1980. The rule is exempt from

review under E.O. 12866, but has been

reviewed internally by the Department

to ensure consistency with the

objectives thereof.

List of Subjects in 22 CFR Part 171

Administrative practice and

procedure, Classified information,

Confidential business information,

Freedom of information, Privacy.

For the reasons set forth in the

preamble, 22 CFR part 171 is amended

as follows:
48758 Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Rules and Regulations

PART 171—AVAILABILITY OF

INFORMATION AND RECORDS TO

THE PUBLIC

1. The authority citation for Part 171

is revised to read as follows:

Authority: 5 U.S.C. 551 et seq., 552, 552a;

5 U.S.C. App. 201; E.O.12600, 52 FR 23781,

3 CFR, 1987 Comp., p. 235; E.O.12958, 60 FR

19825, 3 CFR, 1995 Comp., p. 333.

Subpart B—Freedom of Information

Provisions

2. Section 171.12 is revised to read as

follows:

§ 171.12 Time limits/expedited processing.

(a) Whenever possible, the

Department will furnish the requested

records within 20 days (excluding

Saturdays, Sundays, and legal public

holidays), except as cited in § 171.4.

(b) A separate queue shall be

established for requests meeting the test

for expeditious processing. Requests for

expedited processing shall be granted to

the requester after the requester has

demonstrated that a compelling need

exists. A notice of the determination as

to whether to grant expedited

processing shall be provided to the

requester within ten (10) days of the

date of the request. The request for

expedited processing shall set forth with

specificity the relevant facts upon

which the requester relies and

demonstrate to the Department that

substantive records relevant to the

stated needs may exist and be deemed

releasable.

(c) A ‘‘compelling need’’ is deemed to

exist where the requester can

demonstrate one of the following:

(1) Failure to obtain requested

information on an expedited basis could

reasonably be expected to pose an

imminent threat to the life or physical

safety of an individual;

(2) The information is urgently

needed by an individual primarily

engaged in disseminating information in

order to inform the public concerning

actual or alleged Federal Government

activity. News media requesters would

normally qualify; however, other

persons must demonstrate that their

primary activity involves publishing or

otherwise disseminating information to

the public, not just a particular segment

or group.

(i) Urgently needed. The information

has a particular value that will be lost

if not disseminated quickly. Ordinarily

this means a breaking news story of

general public interest. However,

information of historical interest only,

or information sought for litigation or

commercial activities would not qualify,

nor would a news media publication or

broadcast deadline unrelated to the

newsbreaking nature of the information;

(ii) Actual or alleged Federal

Government activity. The information

concerns some actions taken,

contemplated, or alleged by or about the

government of the United States, or one

of its components or agencies, including

the Congress;

(3) Substantial due process rights of

the requester would be impaired by the

failure to process immediately; or

(4) Substantial humanitarian concerns

would be harmed by the failure to

process immediately.

(d) A demonstration of compelling

need by a requester shall be made by a

statement certified by the requester to be

true and correct to the best of their

knowledge. This statement must

accompany the request in order to be

considered and responded to within the

ten (10) days required for decisions on

expedited access.

(e)(1) The Department’s decision to

deny expedition may be appealed to the

Chief of the Requester Liaison Division,

Room 1512, Department of State, 2201

C Street, NW., Washington, D.C. 20520.

Appeals should contain as much

information and documentation as

possible to support the request for

expedited processing in accordance

with the criteria set forth in paragraph

(c) of this section.

(2) The Requester Liaison Division

Chief will issue a final decision in

writing within ten (10) days from the

date on which the Department received

the appeal.

Dated: September 3, 1997.

Patrick F. Kennedy,

Assistant Secretary for the Bureau of

Administration.

[FR Doc. 97–24654 Filed 9–16–97; 8:45 am]

BILLING CODE 4710–24–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 946

[VA–106–FOR]

Virginia Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving with

exceptions a proposed amendment to

the Virginia permanent regulatory

program (hereinafter referred to as the

Virginia program) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of regulatory

changes to implement the standards of

the Federal Energy Policy Act of 1992,

and the Code of Virginia. The

amendment is intended to revise the

State program to be consistent with the

Federal regulations as amended on

March 31, 1995 (60 FR 16772)

concerning subsidence damage.

EFFECTIVE DATE: September 17, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert A. Penn, Director, Big Stone Gap

Field Office, Office of Surface Mining

Reclamation and Enforcement, 1941

Neeley Road, Suite 201, Compartment

116, Big Stone Gap, Virginia 24219,

Telephone: (540) 523–4303.

SUPPLEMENTARY INFORMATION:

I. Background on the Virginia Program.

II. Submission of the Amendment.

III. Director’s Findings.

IV. Summary and Disposition of Comments.

V. Director’s Decision.

VI. Procedural Determinations.

I. Background on the Virginia Program

On December 15, 1981, the Secretary

of the Interior conditionally approved

the Virginia program. Background

information on the Virginia program

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the December 15, 1981, Federal Register

(46 FR 61085–61115). Subsequent

actions concerning the conditions of

approval and program amendments are

identified at 30 CFR 946.11, 946.12,

946.13, 946.15, and 946.16.

II. Submission of the Amendment

By letter dated May 21, 1996

(Administrative Record No. VA–882),

Virginia submitted amendments to the

Virginia program concerning subsidence

damage. The amendments are intended

to make the Virginia program consistent

with the Federal regulations as amended

on March 31, 1995 (60 FR 16722).

Virginia stated that the proposed

amendments implement the standards

of the Federal Energy Policy Act of

1992, and sections 45.1–243 and 45.1–

258 of the Code of Virginia.

Virginia also noted that the state has

adopted a revised system for numbering

the Virginia regulations. For the Virginia

program, the prefix ‘‘480–03–19.’’ has

been replaced with ‘‘4 VAC 25–130–.’’

The part of the existing Virginia

numbering system that corresponds to

the Federal number remains the same.

For example, old ‘‘480–03–19.700.5’’

has become ‘‘4 VAC 25–130–700.5.’’

The Virginia Division of Mines,