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

61035

Vol. 62, No. 220

Friday, November 14, 1997

FEDERAL LABOR RELATIONS

AUTHORITY

5 CFR Part 2411

Revision of Freedom of Information

Act Regulations

AGENCY: Federal Labor Relations

Authority.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Federal Labor Relations

Authority, the General Counsel of the

Federal Labor Relations Authority, and

the Federal Service Impasses Panel

(FLRA) are proposing to amend their

regulations relating to the Freedom of

Information Act to implement certain

changes mandated by the Electronic

Freedom of Information Act

Amendments of 1996, (EFOIA). The

regulatory changes proposed in this

notice will provide for expedited

processing of information requests, as

required by the EFOIA.

DATES: Comments must be received on

or before December 15, 1997.

ADDRESSES: Mail or deliver written

comments to Peter Constantine, Office

of Case Control, Federal Labor Relations

Authority, 607 14th Street, N.W., Room

415, Washington, D.C. 20424–0001.

FOR FURTHER INFORMATION CONTACT:

Shari Polur (202) 482–6695 ext. 340.

SUPPLEMENTARY INFORMATION: Through

the EFOIA, Pub. L. 104–231, 110 Stat.

3048 (1996), Congress amended the

FOIA 5 U.S.C. 552 et seq., to address,

among other things, the expedited

processing of requests for information.

Specifically, Congress required agencies

to promulgate regulations under which

requests for expedited processing would

be considered. In addition, Congress

mandated that agencies grant such

requests upon a showing of compelling

need.

Written comments are solicited at the

address given above. Copies of all

written comments will be available for

inspection and photocopying during

normal business hours, in the Office of

Case Control.

The FLRA proposes to amend part

2411, Availability of Official

Information. The EFOIA requires

agencies to promulgate, through notice

and comment rulemaking, regulations

providing for expedited processing of

initial requests that demonstrate a

compelling need. In addition, the

regulations must provide for expedited

processing in other cases when the

agency determines it is warranted.

Compelling need is defined as cases

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 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.’’ 5 U.S.C. 552(a)(6)(E)(v). A

requester seeking expedited processing

can demonstrate a compelling need by

submitting a statement certified by the

requester ‘‘to be true and correct to the

best of such person’s knowledge and

belief’’ that satisfies the statutory and

regulatory definitions of compelling

need. 5 U.S.C. 552(a)(6)(E)(vi). FOIA

officers must notify the requester within

ten (10) calendar days whether or not

expedited processing has been granted.

If denied, any appeals made must be

processed expeditiously. The proposed

regulations would reflect these changes

through modifications to § 2411.8,

including a retitling of the section and

the addition of a new paragraph (b).

Executive Order 12886

This final regulation has been

reviewed in accordance with Executive

Order 12886. It is not classified as

significant because it does not meet the

criteria for significant regulatory action

established by the E.O.

Regulatory Flexibility Act Certification

Pursuant to section 605(b) of the

Regulatory Flexibility Act, 5 U.S.C.

605(b), the FLRA has determined that

this proposed regulation will not have a

significant economic impact on a

substantial number of small entities.

The amendments are procedural in

nature and are required to implement

EFOIA.

Paperwork Reduction Act of 1995

The proposed regulations contain no

additional information collection or

record keeping requirement under the

Paperwork Reduction Act of 1995, 44

U.S.C. 3501, et seq.

List of Subjects in 5 CFR Part 2411

Administrative practice and

procedure, Freedom of information,

Government employees.

For the reasons stated in the

preamble, the FLRA is proposing to

adopt the following amendments to 5

CFR part 2411, Freedom of Information

Act Regulations:

1. The authority citation for Part 2411

continues to read as follows:

Authority: 5 U.S.C. 552.

2. Revise § 2411.8 to read as follows:

§ 2411.8 Modification of time limits.

(a) In unusual circumstances as

specified in this section, the time limits

prescribed with respect to initial

determinations or determinations on

appeal may be extended by written

notice from the officer handling the

request (either initial or on appeal) to

the person making such request setting

forth the reasons for such extension and

the date on which a determination is

expected to be dispatched. No such

notice shall specify a date that would

result in a total extension of more than

ten (10) working days. As used in this

section, unusual circumstances means,

but only to the extent reasonably

necessary to the proper processing of

the particular request:

(1) The need to search for and collect

the requested records from field

facilities or other establishments that are

separate from the office processing the

request;

(2) 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

(3) The need for consultation, which

shall 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.

(b) Expedited processing of a request

for records, or an appeal of a denial of

a request for expedited processing, shall

be provided when the requester

demonstrates a compelling need for the

information and in other cases as

determined by the officer processing the

request. A requester seeking expedited
61036 Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Proposed Rules

processing can demonstrate a

compelling need by submitting a

statement certified by the requester to be

true and correct to the best of such

person’s knowledge and belief and that

satisfies the statutory and regulatory

definitions of compelling need.

Requesters shall be notified within ten

(10) calendar days after receipt of such

a request whether expedited processing,

or an appeal of a denial of a request for

expedited processing, was granted. As

used in this section, compelling need

means:

(1) 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

(2) 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.

Dated: November 7, 1997.

Solly Thomas,

Executive Director.

[FR Doc. 97–29914 Filed 11–13–97; 8:45 am]

BILLING CODE 6727–01–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 97–086–1]

Changes in Disease Status of Belgium,

France, Greece, Luxembourg,

Portugal, and Spain

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to declare

Luxembourg and Portugal free of

rinderpest and foot-and-mouth disease;

Greece free of rinderpest; France,

Greece, Luxembourg, and Spain free of

exotic Newcastle disease; Portugal free

of African swine fever; and Belgium,

France, and Portugal free of swine

vesicular disease. These proposed

actions are based on a request from the

European Commission’s Directorate

General for Agriculture and on our

review of the supporting documentation

supplied with that request. These

proposed actions would relieve some

restrictions on the importation into the

United States of certain animals and

animal products from those countries.

However, because of the status of those

countries with respect to other diseases,

and because of other factors that could

result in a risk of introducing animal

diseases into the United States, the

importation into the United States of

animals and animal products from those

countries would continue to be subject

to certain restrictions.

DATES: Consideration will be given only

to comments received on or before

January 13, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–086–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 97–086–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

John Cougill, Staff Veterinarian,

Products Program, National Center for

Import and Export, VS, APHIS, 4700

River Road Unit 40, Riverdale, MD

20737–1231, (301) 734–8695; or e-mail:

jcougill@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94

(referred to below as the regulations)

prohibit or restrict the importation of

specified animals and animal products

into the United States in order to

prevent the introduction of various

animal diseases, including foot-andmouth disease (FMD), rinderpest, exotic

Newcastle disease (END), African swine

fever (ASF), hog cholera, swine

vesicular disease (SVD), and bovine

spongiform encephalopathy (BSE).

These are dangerous and destructive

communicable diseases of ruminants,

swine, and poultry.

In this document, we are proposing to

declare Luxembourg and Portugal free of

FMD and rinderpest; Greece free of

rinderpest; France, Greece, Luxembourg,

and Spain free of END; Portugal free of

ASF; and Belgium, France, and Portugal

free of SVD. We are proposing these

actions in response to a request

submitted to the Animal and Plant

Health Inspection Service (APHIS) in

July 1997 by the European

Commission’s (EC’s) Directorate General

for Agriculture. With its request, the

EC’s Directorate General for Agriculture

provided supporting documentation

that included information about the

capability of each country’s veterinary

services, laboratory and diagnostic

procedures, vaccination practices, and

the administration of laws and

regulations to ensure against the

introduction of the diseases of concern

into each country through the

importation of live animals, meats, and

animal products.

Since this request was received and

reviewed by APHIS, we have published

a final rule and policy statement in the

Federal Register that establish

procedures for recognizing regions,

rather than only countries, for the

purpose of importing animals and

animal products into the United States,

and that establish procedures by which

regions may request permission to

export animals and animal products to

the United States under specified

conditions, based on the regions’

disease status (see 62 FR 56000–56033,

October 28, 1997, Dockets 94–106–8 and

94–106–9). The final rule is scheduled

to become effective on November 28,

1997. The request from the EC

addressed by this proposed rule is not

a request to recognize regions, rather

than countries, nor a request to establish

new import conditions based the

disease status of any region. Therefore,

as we explained we would do in our

final rule and policy statement on

regionalization, we have handled and

evaluated this request in the traditional

framework of recognizing a country as

free or not free of a specified disease. If

this proposed rule is adopted, the

current regulations regarding

importation of animals and animal

products from regions ‘‘free’’ of a

specified disease will apply.

Luxembourg and Portugal Free of

Rinderpest and FMD

Section 94.1(a)(1) of the regulations

provides that rinderpest or FMD exists

in all regions of the world except those

listed in § 94.1(a)(2), which have been

declared to be free of those diseases.

The regulations in § 94.1(b) prohibit,

with certain specific exceptions, the

importation into the United States of

any ruminant or swine, or any fresh,

chilled, or frozen meat of any ruminant

or swine, that is from any region where

rinderpest or FMD exists, or that has

entered a port in or otherwise transited

a region where rinderpest or FMD

exists. Furthermore, the regulations in

§ 94.2 restrict the importation of fresh,

chilled, or frozen products other than

meat, and milk and milk products, of

ruminants or swine that originate in or

transit a region where rinderpest or

FMD exists. Additionally, the

importation of organs, glands, extracts,

and secretions of ruminants or swine

originating in a region where rinderpest