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.

Proposed Rules Federal Register

51610

Vol. 62, No. 191

Thursday, October 2, 1997

1Pub. L. No. 104–231, 110 Stat. 3048 (1996).

2 5 U.S.C. 552.

3H.R. Rep. No. 104–795, at 11 (1996).

4Pub. L. No. 104–231, Secs. 3, 4 and 5, 110 Stat.

3048, 3049–50, 5 U.S.C. 552 (a)(2), (a)(3)(B),

(a)(3)(C) and (f)(2), as amended.

5Pub. L. No. 104–231, Sec. 4, 110 Stat. 3048,

3049, 5 U.S.C. 552(a)(2)(D) and (E), as amended.

6Pub. L. No. 104–231, Secs. 7 and 8, 110 Stat.

3048, 3050–52, 5 U.S.C. 552(a)(6)(A)(1) and (6)(B),

as amended, effective October 2, 1997.

7Pub. L. No. 104–231, Sec. 7, 110 Stat. 3048,

3050–51, 5 U.S.C. 552(a)(6)(D), as amended,

effective October 2, 1997.

8See Pub. L. No. 104–231, Sec. 8, 110 Stat. 3048,

3051–52, 5 U.S.C. 552(a)(6)(E), as amended,

effective October 2, 1997; and H.R. Rep., supra note

3, at 26.

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 388

[Docket No. RM97–8–000]

Information and Requests

September 25, 1997.

AGENCY: Federal Energy Regulatory

Commission, DOE.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Federal Energy

Regulatory Commission (Commission)

proposes to amend its regulations

governing information and requests to

reflect the requirements and

specifications of the Electronic Freedom

of Information Act Amendments of

1996. The Commission also proposes to

correct minor editorial inconsistencies

in its regulations.

DATES: Written comments must be

received by the Commission by

November 3, 1997.

ADDRESSES: Office of the Secretary,

Federal Energy Regulatory Commission,

888 First Street, N.E., Washington, DC

20426.

FOR FURTHER INFORMATION CONTACT:

Charles A. Beamon, Office of the

General Counsel, Federal Energy

Regulatory Commission, 888 First

Street, N.E., Washington, DC 20426,

(202) 208–0780.

SUPPLEMENTARY INFORMATION: In

addition to publishing the full text of

this document in the Federal Register,

the Commission also provides all

interested persons an opportunity to

inspect or copy the contents of this

document during normal business hours

in the Public Reference Room at 888

First Street, N.E., Washington, D.C.

20426.

The Commission Issuance Posting

System (CIPS), an electronic bulletin

board service, provides access to the

texts of formal documents issued by the

Commission. CIPS is available at no

charge to the user and may be accessed

using a personal computer with a

modem by dialing 202–208–1397 if

dialing locally or 1–800–856–3920 if

dialing long distance. To access CIPS,

set your communications software to

19200, 14400, 12000, 9600, 7200, 4800,

2400, or 1200 bps, full duplex, no

parity, 8 data bits and 1 stop bit. The

full text of this order will be available

on CIPS in ASCII and WordPerfect 6.1

format. CIPS user assistance is available

at 202–208–2474.

CIPS is also available on the Internet.

Telnet software is required. To access

CIPS via the Internet, point your

browser to the URL address: http://

www.ferc.fed.us and select the Bulletin

Board System. Read instructions on the

next page, select FedWorld Dialup/

Telnet. A screen will appear presenting

you with several options, select option

1. There will be a welcome message

from FedWorld and a log on prompt.

Enter your user ID and password (if you

already have an account). To establish

an account, type the word NEW and

answer the questions which follow.

Upon establishing an account, the

FedWorld Main Menu will appear.

From the Main Menu, type /go ferc.

Finally, the complete text on diskette

in WordPerfect format may be

purchased from the Commission’s copy

contractor, La Dorn Systems

Corporation. La Dorn Systems

Corporation is located in the Public

Reference Room at 888 First Street, N.E.,

Washington, D.C. 20426.

I. Introduction

This proposed rule amends 18 CFR

part 388 to implement the provisions of

the Electronic Freedom of Information

Act Amendments of 1996 (the Act).1

The Act amended the Freedom of

Information Act (FOIA) 2 by imposing a

number of new requirements governing

the public availability of information,

including electronic information. The

proposed rule also clarifies minor

discrepancies in part 388.

II. Background

The underlying goal of the Act is to

encourage the electronic distribution of

information.3 The Act expands FOIA’s

definition of a record to include

information maintained in electronic

format; requires agencies to

accommodate requesters’ reasonable

format preferences; and to conduct

reasonable agency searches for

electronic records. It also provides for

the electronic availability of all ‘‘public

reading room’’ materials created as of

November 1, 1996.4

In addition, the Act requires an

agency to place in its public reading

room certain documents that are subject

to repeated requests. Agencies must

maintain a public index of such

documents.5 The Act grants agencies 20

working days to process FOIA requests

instead of the current 10 days, allows

extensions beyond the former 10-day

deadline in limited circumstances, and

expressly gives requesters the

opportunity to avoid extensions by

limiting the scope of their requests.6

Moreover, the Act allows multitrack

processing of FOIA requests. Multitrack

processing creates a fast track for

requests capable of resolution with a

limited amount of time and effort, and

slower tracks for requests that demand

a more intensive effort.7 In addition to

optional multitrack processing, the Act

mandates expedited treatment for

requesters who (1) demonstrate an

imminent threat to life or safety, or (2)

are engaged in disseminating

information, and demonstrate an

urgency to inform the public concerning

Federal Government activity.8

The Act requires agencies to

promulgate regulations to implement

expedited processing. This proposed

rule responds to the Act’s mandate

regarding expedited processing, and

other changes wrought by the Act. It

also makes several minor grammatical

and technical changes for the sake of

clarity.
Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Proposed Rules 51611

9This time limit does not apply to requests for

expedited processing, which are explained below.

10H.R. Rep., supra note 3, at 26.

11 Id.

12 Id.

13 Id.

III. Discussion

Part 388—Information and Requests

Authority

The proposed rule revises the

Authority for Part 388 to reflect that the

FOIA, 5 U.S.C. 552, should be cited ‘‘as

amended.’’

Sections 388.101–388.105

No changes.

Section 388.106

This section is revised to expand the

categories of information that are

available in the Commission’s Public

Reference Room, and to inform the

public of the electronic availability of

information created after November 1,

1996 (proposed para. (a)(2), and (b)). In

addition to making electronic records

available, information will, of course,

continue to remain available through

‘‘in person’’ visits or written requests.

The new categories of information to

be available are copies of records

released under FOIA that are likely to be

requested again, an index of such

records, and reference materials and

guides to further enhance the public’s

access to Commission information. The

proposed definition of the term

‘‘Commission correspondence’’ is

amended to include information in

electronic format, consistent with

Commission practice (proposed para.

(c)(1)).

The section is also revised to

explicitly include statements of policy

and interpretations which have been

adopted by the Commission and are not

published in the Federal Register; and

administrative staff manuals and

instructions to staff that affect a member

of the public (proposed paras. (b)(19)

and (b)(20)). These information

categories were required to be made

available under FOIA even before the

1996 amendments.

Section 388.107

The proposed language corrects a

typographical error. The term ‘‘natural

defense’’ in paragraph (a)(1) is changed

to ‘‘national defense.’’

Section 388.108

The proposed revisions to this section

implement multitrack processing, as

allowed by the Act, and expedited

processing, as required by the Act.

Multitrack processing establishes a fast

track for requests requiring a limited

amount of time and effort, and slower

tracks for requests requiring a more

intensive effort. The Commission

proposes to adopt a three part

multitracking system that should

increase efficiency (proposed para.

(b)(1)). Under the proposed approach,

the Director, Office of External Affairs,

will place a newly received request into

one of three tracks for processing: track

one—records that are readily

identifiable and were previously cleared

for release (including those capable of

multiple requests and placed in the

Public Reference Room); track two—

records that are readily identifiable, or

are not voluminous, and require limited

review; and track three—complex and/

or voluminous records requiring a

significant search and/or review.

Although the Commission has

sometimes employed multitracking in

the past, its regular use should be

advantageous to the public and the

Commission as simple requests are

sometimes backlogged because of

earlier-filed complex requests. The

proposed rule specifies that each track

will be processed on a first in, first out

basis. Requesters are permitted to

modify their requests to obtain

processing on a faster track.

Pursuant to the Act, the proposed rule

changes the time for processing requests

from 10 to 20 working days (proposed

para. (c)(1)); 9 and clarifies the

Commission’s obligation to specify the

information that is denied under a

request, including the volume of

withheld materials and the extent and

location of redactions in partially

released materials (proposed para.

(c)(3)).

The proposed rule makes expedited

processing available where the requester

demonstrates a compelling need: (1)

Due to an imminent threat to an

individual’s life or physical safety, or (2)

in the case of requesters who are

primarily engaged in disseminating

information, where the requester

demonstrates an urgency to inform the

public concerning Federal Government

activity (proposed para. (d)(1)). The

proposed rule emphasizes that a request

for expedited processing must be

supported with credible documentation

and a statement certified to be true and

correct (proposed para. (d)(2)). The

proposed rule states that only the

compelling circumstances indicated

will qualify a requester for expedited

processing. A denial of expedited

processing will be subject to appeal.

Accordingly, the appeal procedure for

denial of records is amended to include

denial of expedited treatment (proposed

para. (e)).

For purposes of this proposed rule, a

‘‘requester primarily engaged in the

dissemination of information’’ does not

include an individual or organization

engaged only incidentally in the

dissemination of information.10 The

requester’s main business must be the

dissemination of information.11 Thus, a

bona fide member of the news media

would likely qualify. An organization

that periodically distributes information

to its members would not likely qualify.

In addition to meeting the

dissemination requirement, the

requester must credibly demonstrate

that expedited processing is needed to

avoid a likely, significant adverse

consequence to a recognized interest.12

The public’s right to know, standing

alone, is not sufficient to satisfy this

standard.13

Under the proposed rule, the Director,

Office of External Affairs, will rule on

a request for expedited processing

within 10 calendar days from the date

the request is received (proposed para.

(d)(3)). A denial of expedited processing

will be explained, and the requester will

be provided notice of administrative

appeal rights.

Other proposed revisions to the

section include a formal codification of

the Commission’s practice of not

processing a request until after fee

issues have been resolved, unless the

requester has provided a written

statement agreeing to pay some or all

applicable fees pending the resolution

of fee issues (proposed para. (a)(5)). The

purpose of this rule is to avoid an

expenditure of Commission resources to

process a request before the requester

has agreed to pay all applicable

processing fees. The proposed rule also

makes minor revisions in terminology in

the interest of clarity.

Section 388.109

Paragraph (b)(2)(iii), as currently

drafted, charges some non-commercial

requesters for review time. The

proposed revision to this section deletes

charges for review time from noncommercial requesters, consistent with

5 U.S.C. § 552(a)(4), the applicable

Office of Management and Budget’s

(OMB) Guidelines and Fee Schedule for

FOIA, and actual Commission practice.

Similarly, proposed revisions to

paragraph (b)(2)(iv) remove ordinary

postage fees, consistent with OMB

guidelines and Commission practice.

Requesters remain responsible for

special delivery fees such as express

mail provided in accordance with their

specifications.

Paragraph (b)(2)(vii), as currently

drafted, authorizes the Commission to
51612 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Proposed Rules

14 5 U.S.C. 601–602.

15Order No. 486, 52 FR 47897 (Dec. 17, 1987);

FERC Stats. & Regs. Regs. (Preambles 1986–90)

¶ 30,783 (Dec. 10, 1987) (codified at 18 CFR part

380).

16 18 CFR 380.4(a)(5).

17 5 CFR part 1320.

aggregate multiple requests on related

topics that are subdivided to avoid an

assessment of fees. As allowed by the

Act, proposed paragraph (b)(2)(vii)

expands the instances where the

Commission may aggregate one or more

requests for joint processing. The

proposed language allows aggregation

anytime the Commission reasonably

believes that such multiple requests

constitute a single request, and notes

that aggregated requests may qualify for

an extension of time under § 388.110(b).

The proposed revisions further clarify

that the Commission has no obligation

to process a request under § 388.108

where there is no assurance or

agreement of payment.

Section 388.110

Pursuant to the Act, the proposed rule

makes the administrative appeal rights

in paragraph (a)(1) applicable to a denial

of expedited processing. Proposed

paragraph (a)(2) provides that such

appeals will be considered as

expeditiously as possible within the 20

working day period specified for

appeals, and that a requester denied

expedited processing in an appeal will

be notified of judicial review provisions.

Proposed paragraph (b)(2) allows an

extension of time not to exceed 10

working days beyond the standard

deadlines for processing initial requests

and appeals, as permitted by the Act. As

also provided by the Act, the proposed

rule specifies that an extension in

excess of 10 working days may be

available but only where the requester is

given the opportunity to limit the scope

of the request to allow processing

within 20 working days, or to arrange an

alternative time frame.

Proposed paragraph (b)(3) specifies

that requests aggregated under

§ 388.109(b)(2)(vii) qualify for an

extension of time when they satisfy the

unusual circumstances specified in this

section.

Section 388.111

No changes.

Section 388.112

The proposed language merely

reflects a correction of typographical

errors. Paragraph (c)(1)’s references to

paragraphs (b)(2) and (b)(3) are

corrected to (b)(1)(ii) and (b)(1)(iii),

respectively.

IV. Regulatory Flexibility Act

Certification

The Regulatory Flexibility Act of 1980

(RFA) 14 generally requires a description

and analysis of rules that will have

significant economic impact on a

substantial number of small entities.

Pursuant to section 605(b) of the RFA,

the Commission hereby certifies that

this rule will not have a significant

impact on a substantial number of small

entities. The proposed changes improve

the public’s access to information, and

impose additional obligations on the

Commission to ensure the availability of

such information. By comparison, the

public’s obligations would not

significantly increase.

V. Environmental Statement

Issuance of this proposed rule would

not represent a major federal action

having a significant adverse effect on

the human environment under the

Commission regulations implementing

the National Environmental Policy

Act.15 This proposed rule falls within

the regulatory exemption which

specifies that information gathering,

analysis, and dissemination are not

major federal actions that have a

significant effect on the human

environment.16 Thus, neither an

environmental impact statement nor an

environmental assessment is required.

VI. Information Collection Statement

OMB regulations require that OMB

approve certain information collection

requirements imposed by agency rule.17

This proposed rule contains no

information reporting requirements, and

is not subject to OMB approval.

VII. Written Comment Procedure

The Commission invites interested

persons to submit written comments or

other information concerning this

proposed rulemaking. All comments in

response to this notice should be

submitted to the Office of the Secretary,

Federal Energy Regulatory Commission,

888 First Street, N.E., Washington, D.C.

20426, and should refer to Docket No.

RM97–8–000. An original and fourteen

(14) copies of such comments should be

filed with the Commission on or before

November 3, 1997.

Lists of Subjects in 18 CFR Part 388

Freedom of Information; Public

Reference Materials.

By direction of the Commission.

Lois D. Cashell,

Secretary.

In consideration of the foregoing, the

Commission proposes to amend Part

388, Chapter I, Title 18, Code of Federal

Regulations, as set forth below.

PART 388—INFORMATION AND

REQUESTS

1. The authority citation for Part 388

is revised to read as follows:

Authority: 5 U.S.C. 301–305, 551, 552 (as

amended), 553–557; 42 U.S.C. 7101–7352.

2. In § 388.106, paragraph (a) is

redesignated as (a)(1); paragraph (a)(2) is

added; paragraph (b) introductory text is

revised; paragraph (b)(19) is

redesignated as (b)(23); new paragraphs

(b)(19) through (b)(22) are added; and

paragraph (c)(1) is revised to read as

follows:

§ 388.106 Requests for Commission

records available in the Public Reference

Room.

(a)(1) * * *

(2) Documents created on or after

November 1, 1996, or earlier in some

instances, also are electronically

available on the Commission’s World

Wide Web site, www.ferc.fed.us; the

Commission Issuance Posting System

(CIPS) (an electronic bulletin board); or

the Records Information Management

Systems (RIMS). These may be accessed

in person using a personal computer in

the Public Reference Room, or by using

a personal computer with a modem at

a remote location.

(b) The public records of the

Commission that are available for

inspection and copying upon request in

the Public Reference Room, or are

otherwise available under paragraph

(a)(2) of this section, include:

* * * * *

(19) Statements of policy and

interpretations which have been

adopted by the Commission and are not

published in the Federal Register;

(20) Administrative staff manuals and

instructions to staff that affect a member

of the public;

(21)(i) Copies of all records released

under § 388.108, which, because of their

nature and subject, the Director of the

Office of External Affairs has

determined are likely to be requested

again, and

(ii) An index of the records so

designated;

(22) Reference materials and guides

for requesting Commission records as

required by 5 U.S.C. 552(g), as amended;

and

(23) Commission correspondence

relating to the foregoing.

(c) * * *

(1) Commission correspondence

includes written communications and

enclosures, in hard copy or electronic

format, received from others outside the
Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Proposed Rules 51613

staff and intended for the Commission

or sent to others outside the staff and

signed by the Chairman, a

Commissioner, the Secretary, the

Executive Director, or other authorized

official, except those which are

personal.

* * * * *

§ 388.107 [Amended]

3. In § 388.107(a)(1), remove the word

‘‘natural’’ and add, in its place, the word

‘‘national.’’

4. In § 388.108, paragraphs (a)(1)

introductory text, (a)(1)(iii) and (a)(2)

through (a)(4) are revised; new

paragraph (a)(5) is added; paragraphs (b)

and (c) are redesignated as (c) and (e)

respectively and revised, and new

paragraphs (b) and (d) are added, to read

as follows:

§ 388.108 Requests for Commission

records not available through the Public

Reference Room (FOIA requests).

(a)(1) Except as provided in paragraph

(a)(2), of this section, a person may

request access to Commission records,

including records maintained in

electronic format, that are not available

through the Public Reference Room, by

using the following procedures:

* * * * *

(iii) The request must identify the fee

category of the request, consistent with

the provisions of § 388.109(b)(1) and (2).

(2) A request that fails to provide the

identification required in paragraph

(a)(1)(iii) of this section will not be

processed until the Director, Office of

External Affairs, can ascertain the

requester’s fee category.

(3) A request for records received by

the Commission not addressed and

marked as indicated in paragraph

(a)(1)(i) of this section will be so

addressed and marked by Commission

personnel as soon as it is properly

identified, and forwarded immediately

to the Director, Office of External

Affairs.

(4) Requests made pursuant to this

section will be considered to be

received upon actual receipt by the

Director, Office of External Affairs,

unless otherwise indicated in paragraph

(a)(5) of this section.

(5) Except for the purpose of making

a determination regarding expedited

processing under paragraph (d)(3) of

this section, no request will be deemed

received while there is an unresolved

fee waiver issue under § 388.109(b)(6),

unless the requester has provided a

written statement agreeing to pay some

or all fees pending the outcome of the

waiver question.

(b)(1) Multitrack processing. Upon

receipt of a request, the Director, Office

of External Affairs, will place the

request in one of three tracks for

processing:

(i) Track One—records that are readily

identifiable and were previously cleared

for release (including those subject to

multiple requests and placed in the

Public Reference Room);

(ii) Track Two—records that are

readily identifiable, and require limited

review; and

(iii) Track Three—complex and/or

voluminous records requiring a

significant search and/or review.

(2) Each track specified in paragraph

(b)(1) of this section will be processed

on a first in, first out basis, where

practicable. A requester may modify a

request to obtain processing on a faster

track.

(c) (1) Timing of response. Except as

provided in paragraphs (c)(4) and (d)(3)

of this section, within 20 working days

after receipt of the request for agency

records, the Director, Office of External

Affairs, will comply with the request or

deny the request in whole or in part,

and will notify the requester of the

determination, of the reasons for a

decision to withhold any part of a

requested document, and of the right of

the requester to appeal any adverse

determination in writing to the General

Counsel or General Counsel’s designee.

(2) The Director, Office of External

Affairs, will attempt to provide records

in the form or format requested, where

feasible, but will not provide more than

one copy of any record to a requester.

(3) Any determination by the Director,

Office of External Affairs, to withhold

information will, where feasible,

indicate the approximate volume of

information withheld, and will indicate,

for partially-released materials, where

redactions have been made, unless to do

so would harm an interest protected by

a FOIA exemption.

(4) The time limit for the initial

determination required by paragraph

(c)(1) of this section may be extended as

set forth in § 388.110(b).

(d)(1) Expedited processing. A

requester may seek expedited

processing on the basis of a compelling

need. Expedited processing will be

granted if the requester demonstrates

that:

(i) Failure to obtain the records on an

expedited basis can reasonably be

expected to pose an imminent threat to

the life or physical safety of an

individual, or

(ii) In the case of a requester primarily

engaged in the dissemination of

information, there is an urgency to

inform the public concerning Federal

Government activity.

(2) A request for expedited processing

under this section must be supported

with detailed credible documentation,

including a statement certified to be true

and correct to the requester’s best

knowledge and belief.

(3) The Director, Office of External

Affairs, will decide within 10 calendar

days of receipt of the request whether it

is eligible for expedited processing. The

Director will notify the requester of the

reasons for denial of expedited

processing and of the right of the

requester to appeal to the General

Counsel or General Counsel’s designee.

(e) The procedure for appeal of denial

of a request for Commission records, or

denial of a request for expedited

processing, is set forth in § 388.110.

5. In § 388.109, the first sentence of

paragraph (b)(2)(iii), and

paragraphs(b)(2)(iv), (b)(2)(vii), and

(b)(5)(ii) are revised; paragraph (b)(5)(iii)

is removed; paragraph (b)(6) is

redesignated as paragraph (c) and

revised, and paragraphs (b)(7) and

(b)(8)(i) and (ii) are redesignated as (d)

and (e)(1) and (2) respectively, to read

as follows:

§ 388.109 Fees for records requests.

* * * * *

(b) * * *

(2) * * *

(iii) For a request not described in

paragraphs (b)(2)(i) or (ii) of this section

the Commission will charge the

employee’s hourly pay rate plus 16

percent for benefits for document search

time and 15 cents per page for

duplication. * * *

(iv) The Director, Office of External

Affairs, will normally provide

documents by regular mail, with postage

prepaid by the Commission. However,

the requester may authorize special

delivery, such as express mail, at the

requester’s own expense.

* * * * *

(vii) Requesters may not file multiple

requests at the same time, each seeking

portions of a document or documents,

solely in order to avoid payment of fees.

When the Commission reasonably

believes that a requester, or a group of

requesters acting in concert, is

attempting to break a request down into

a series of requests for the purpose of

evading assessment of fees, or otherwise

reasonably believes that two or more

requests constitute a single request, the

Commission may aggregate any such

requests and charge the requester

accordingly. The Commission will not

aggregate multiple requests on unrelated

subjects from a requester. Aggregated

requests may qualify for an extension of

time under § 388.110(b).

* * * * *
51614 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Proposed Rules

(5) * * *

(ii) A requester has previously failed

to pay a fee charged in a timely fashion.

The Commission will require the

requester to pay the full amount owed

plus any applicable interest, and to

make an advance payment of the full

amount of the estimated fee before the

Commission will begin to process a new

request or a pending request from that

requester. When the Commission

requires advance payment or an

agreement to pay under this paragraph,

or under § 388.108(a)(5), the

administrative time limits prescribed in

this part will begin only after the

Commission has received the required

payments, or agreements.

(c) Fee reduction or waiver. (1) Any

fee described in this section may be

reduced or waived if the requester

demonstrates that disclosure of the

information sought is:

(i) In the public interest because it is

likely to contribute significantly to

public understanding of the operations

or activities of the government, and

(ii) Not primarily in the commercial

interest of the requester.

(2) The Commission will consider the

following criteria to determine the

public interest standard:

(i) Whether the subject of the

requested records concerns the

operations or activities of the

government;

(ii) Whether the disclosure is likely to

contribute to an understanding of

government operations or activities;

(iii) Whether disclosure of the

requested information will contribute to

public understanding; and

(iv) Whether the disclosure is likely to

contribute significantly to public

understanding of government operations

or facilities.

(3) The Commission will consider the

following criteria to determine the

commercial interest of the requester:

(i) Whether the requester has a

commercial interest that would be

furthered by the requested disclosure;

and, if so

(ii) Whether the magnitude of the

identified commercial interest of the

requester is sufficiently large, in

comparison with the public interest in

disclosure, that disclosure is primarily

in the commercial interest of the

requester.

(4) This request for fee reduction or

waiver must accompany the initial

request for records and will be decided

under the same procedures used for

record requests.

* * * * *

6. In section 388.110 the section

heading, the first sentence of paragraph

(a)(1), paragraph (a)(2), and paragraph

(b) are revised to read as follows:

§ 388.110 Procedure for appeal of denial of

requests for Commission records not

publicly available or not available through

the Public Reference Room, denial of

requests for fee waiver or reduction, and

denial of requests for expedited processing.

(a) (1) A person whose request for

records, request for fee waiver or

reduction, or request for expedited

processing is denied in whole or part

may appeal that determination to the

General Counsel or General Counsel’s

designee within 45 days of the

determination. * * *

(2) The General Counsel or the

General Counsel’s designee will make a

determination with respect to any

appeal within 20 working days after the

receipt of such appeal. An appeal of the

denial of expedited processing will be

considered as expeditiously as possible

within the 20 working day period. If, on

appeal, the denial of the request for

records, fee reduction, or expedited

processing is upheld in whole or in part,

the General Counsel or the General

Counsel’s designee will notify the

person making the appeal of the

provisions for judicial review of that

determination.

(b)(1) Extension of time. In unusual

circumstances, the time limits

prescribed for making the initial

determination pursuant to § 388.108 and

for deciding an appeal pursuant to this

section may be extended by up to 10

working days, by the Secretary, who

will send written notice to the requester

setting forth the reasons for such

extension and the date on which a

determination or appeal is expected to

be dispatched.

(2) The extension permitted by

paragraph (b)(1) of this section may be

made longer than 10 working days when

the Commission notifies the requester

within the initial response time that the

request cannot be processed in the

specified time, and the requester is

provided an opportunity to limit the

scope of the request to allow processing

within 20 working days; or to arrange

with the Commission an alternative

time frame.

(3) Two or more requests aggregated

into a single request under

§ 388.109(b)(2)(vii) may qualify for an

extension of time if the requests, as

aggregated, otherwise satisfy the

unusual circumstances specified in this

section.

(4) Unusual circumstances means:

(i) The need to search for and collect

the requested records from field

facilities or other establishments that are

separate from the office processing the

requests;

(ii) The need to search for, collect,

and appropriately examine a

voluminous amount of separate and

distinct records which are demanded in

a single request; or

(iii) The need for consultation, which

will be conducted with all practicable

speed, with another agency having a

substantial interest in the determination

of the request or among two or more

components of the agency having

substantial subject-matter interest

therein.

7. In § 388.112, paragraph(c)(1)(i)’s

reference to ‘‘paragraph (b)(2)’’ is

revised to read ‘‘paragraph (b)(1)(ii),’’

and paragraph (c)(1)(ii)’s reference to

‘‘paragraph (b)(3)’’ is revised to read

‘‘paragraph (b)(1)(iii).’’

[FR Doc. 97–26065 Filed 10–1–97; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 250

RIN 1010–AC39

Oil and Gas and Sulphur Operations in

the Outer Continental Shelf

AGENCY: Minerals Management Service

(MMS), Interior.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

implement a provision of the December

10, 1996, Memorandum of

Understanding (MOU) between the

Department of the Interior (DOI) and the

Department of Transportation (DOT)

Regarding Outer Continental Shelf

(OCS) Pipelines. Under this MOU, the

two departments jointly regulate OCS

pipelines. As specified in the MOU,

MMS regulations would pertain to all

OCS oil or gas pipelines located

upstream of the points at which

operating responsibility for the

pipelines transfer from a producing

operator to a transporting operator.

DATES: MMS will consider all comments

we receive by December 1, 1997. We

will begin reviewing comments then

and may not fully consider comments

we receive after December 1, 1997.

ADDRESSES: Mail or hand-carry

comments to the Department of the

Interior; Minerals Management Service;

Mail Stop 4020; 381 Elden Street;

Herndon, Virginia 20170–4817;

Attention: Rules Processing Team.

FOR FURTHER INFORMATION CONTACT: Carl

W. Anderson, Operations Analysis

Branch, at (703) 787–1608; e-mail

CarllAnderson@mms.gov.