64740 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special considerations of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

An agency may not conduct or

sponsor, and a person is not required to

respond to, an information collection

request unless it displays a currently

valid OMB control number. The

information collection requirements

related to this action have already been

approved by OMB pursuant to the

Paperwork Reduction Act (PRA), 44

U.S.C. 3501 et seq., under OMB control

number 2070–0012 (EPA ICR No. 574).

This action does not impose any

burdens requiring additional OMB

approval. The public reporting burden

for this collection of information is

estimated to average 100 hours per

response. The burden estimate includes

the time needed to review instructions,

search existing data sources, gather and

maintain the data needed, and complete

and review the collection of

information.

In addition, pursuant to section 605(b)

of the Regulatory Flexibility Act (RFA)

(5 U.S.C. 601 et seq.), the Agency has

determined that the promulgation of a

SNUR does not have a significant

adverse economic impact on a

substantial number of small entities.

The Agency’s generic certification for

promulgation of new SNURs appears on

June 2, 1997 (62 FR 29684) (FRL–5597–

1), and was provided to the Chief

Counsel for Advocacy of the Small

Business Administration.

VIII. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

Agency has submitted a report

containing this rule and other required

information to the U.S. Senate, the U.S.

House of Representatives, and the

Comptroller General of the General

Accounting Office prior to publication

of this rule in today’s Federal Register.

This is not a major rule as defined by

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals,

Hazardous substances, Reporting and

recordkeeping requirements.

Dated: November 24, 1997.

Charles M. Auer,

Director, Chemical Control Division, Office

of Pollution Prevention and Toxics.

Therefore, 40 CFR part 721 is

amended as follows:

PART 721—[AMENDED]

1. The authority citation for part 721

continues to read as follows:

Authority: 15 U.S.C. 2604, 2607, and

2625(c).

2. By adding new § 721.6193 to

subpart E to read as follows:

§ 721.6193 Polyalkylene polyamine.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance generically

identified as a polyalkylene polyamine

(PMN P–89–963) is subject to reporting

under this section for the significant

new uses described in paragraph (a)(2)

of this section.

(2) The significant new uses are:

(i) Hazard communication program.

Requirements as specified in § 721.72

(a), (b), (c), (d), (f), (g)(3)(i), (g)(4) (users

minimize release to water), and (g)(5)

are applicable to manufacturers and

importers.

(ii) Release to water. Requirements as

specified in § 721.90(a)(1).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. Recordkeeping

requirements as specified in § 721.125

(a), (b), (c), (f), (g), (h), (i), and (k) are

applicable to manufacturers and

importers of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

[FR Doc. 97–32179 Filed 12–8–97; 8:45 am]

BILLING CODE 6560–50–F

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 105–60

RIN 3090–AG65

Public Availability of Agency Records

and Informational Materials

AGENCY: Office of Management and

Workplace Programs, GSA.

ACTION: Final rule.

SUMMARY: The General Services

Administration (GSA) is revising its

regulations that implement the Freedom

of Information Act (FOIA), to

incorporate the time limit provisions of

the Electronic Freedom of Information

Act Amendments of 1996.

DATES: This rule is effective December 9,

1997.

FOR FURTHER INFORMATION CONTACT:

Mary Cunningham, GSA Freedom of

Information Act (FOIA) Officer (202–

501–3415); or Helen C. Maus, Office of

General Counsel (202–501–1460).

SUPPLEMENTARY INFORMATION: This rule

was not submitted to the Office of

Management and Budget pursuant to

Executive Order 12866 of September 30,

1993, Regulatory Planning and Review,

because it is not a significant regulatory

action as defined in Executive Order

12866.

The Paperwork Reduction Act does

not apply because the rule does not

impose information collection

requirements which require the

approval of the Office of Management

and Budget under 44 U.S.C. 3501 et seq.

The Administrator certifies that this

regulatory amendment will not have a

significant economic impact on a

substantial number of small entities as

they are defined in the Regulatory

Flexibility Act, 5 U.S.C. 601–612.

Pursuant to 5 U.S.C. 605(b) this rule is

therefore exempt from the initial and

final regulatory flexibility analyses

requirements of sections 603 and 604.

Comprehensive Summary

The regulations of which this interim

rule is a part implement the FOIA, that

codified Pub. L. 89–487 and amended

section 3 of the Administrative

Procedure Act, formerly 5 U.S.C. 1002

(1964 ed.). The revision incorporates the

time limit provisions of the Electronic

Freedom of Information Act

Amendments of 1996 (Pub. L. 104–231,

110 Stat. 3048), changing response time

for initial requests from 10 working days

to 20 working days. The remaining

provisions of the 1996 amendments will

be incorporated in a forthcoming edition

of the regulations.

Waiver of Proposed Rulemaking

In developing this final rule, we are

waiving the usual notice of proposed

rulemaking and public comment

procedures set forth in the

Administrative Procedure Act, 5 U.S.C.

553 (APA). The APA provides an

exception to the notice and comment

procedures when an agency finds there

is good cause for dispensing with such

procedures on the basis that they are

impracticable, unnecessary, or contrary

to the public interest. We have

determined that under 5 U.S.C.

553(b)(3)(B) good cause exists for
Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations 64741

dispensing with the notice of proposed

rulemaking and public comment

procedures for this rule. Specifically,

this rulemaking comports with and is

consistent with the statutory authority

and requirements set forth in the

Electronic Freedom of Information Act

Amendments of 1996 concerning time

limits for responding to initial FOIA

requests and administrative appeals

with no issues of policy or discretion.

Accordingly, opportunity for prior

public comment is unnecessary and

contrary to the public interest, and we

are issuing this revised regulation as a

final rule.

List of Subjects in 41 CFR Part 105–60

Freedom of information.

For the reasons set out in the

preamble, 41 CFR Part 105–60 is

amended as follows:

PART 105–60—PUBLIC AVAILABILITY

OF AGENCY RECORDS AND

INFORMATIONAL MATERIALS

1. The authority citation for 41 CFR

Part 105–60 continues to read as

follows:

Authority: 5 U.S.C. 301 and 552; 40 U.S.C.

486(c).

Subpart 105–60.4—Described Records

2. Sections 105–60.402, 105–60.402–

1, and 105–60.402–2 are revised to read

as follows:

§ 105–60.402 Procedures for making

records available.

Sections 105–60.402–1 and 105–

60.402–2 set forth initial procedures for

making records available when they are

requested, including administrative

procedures to be exhausted prior to

seeking judicial review by an

appropriate United States District Court.

§ 105–60.402–1 Submission of requests.

For records located in the GSA

Central Office, the requester must

submit a request in writing to the GSA

FOIA Officer, General Services

Administration (CAI), 1800 F Street,

NW., Washington, DC 20405. Requesters

may FAX requests to (202) 501–2727, or

submit a request by e-mail to

gsa.foi@gsa.gov. For records located in

the Office of Inspector General, the

requester must submit a request to the

FOIA Officer, Office of Inspector

General, General Services

Administration, 1800 F Street NW.,

Room 5324, Washington, DC 20405. For

records located in the GSA regional

offices, the requester must submit a

request to the FOIA Officer for the

relevant region, at the address listed in

§ 105–60.303(a). Requests should

include the words ‘‘Freedom of

Information Act Request’’ prominently

marked on both the face of the request

letter and the envelope. The 20-workday

time limit for agency decisions set forth

in § 105–60.402–2 begins with receipt of

a request in the office of the official

identified in this section, unless the

provisions under §§ 105–60.305–8 and

105–60.305–12(d) apply. Failure to

include the words ‘‘Freedom of

Information Act Request’’ or to submit

a request to the official identified in this

section will result in processing delays.

A requester with questions concerning a

FOIA request should contact the GSA

FOIA Office, General Services

Administration (CAI), 1800 F Street,

NW., Washington, DC 20405, (202) 501–

2691.

§ 105–60.402–2 Response to initial

requests.

GSA will respond to an initial FOIA

request that reasonably describes

requested records, including a fee

waiver request, within 20 workdays

(that is, excluding Saturdays, Sundays,

and legal holidays) after receipt of a

request by the office of the appropriate

official specified in § 105–60.402–1.

This letter will provide the agency’s

decision with respect to disclosure or

nondisclosure of the requested records,

or, if appropriate, a decision on a

request for a fee waiver. If the records

to be disclosed are not provided with

the initial letter, the records will be sent

as soon as possible thereafter. In

unusual circumstances, as described in

§ 105–60.404, GSA will inform the

requester of the agency’s need to take an

extension of time, not to exceed an

additional 10 workdays.

Dated: November 24, 1997.

David J. Barram,

Administrator.

[FR Doc. 97–31489 Filed 12–8–97; 8:45 am]

BILLING CODE 6820–34–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 43, 63, and 64

[IB Docket No. 97–142, FCC 97–398]

Foreign Participation in the U.S.

Telecommunications Market

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: On November 25, 1997, the

Federal Communications Commission

adopted a Report and Order that creates

a new regulatory framework for

international telecommunications. This

action is a result of the recent World

Trade Organization agreement on basic

telecommunications services recently

concluded wherein 69 countries,

including the United States and

virtually all of its major trading

partners, agreed to open their markets

for basic telecommunications services to

competition from foreign carriers. Due

to these changed circumstances, the

Commission initiated a proceeding to

revisit its rules governing foreign

participation in the U.S.

telecommunications market. In

addition, the Commission’s order

addresses related issues raised in

petitions for reconsideration of the

Foreign Carrier Entry Order. The new

rules will have significant benefits for

consumers. Entry by foreign suppliers of

telecommunications services will

stimulate the U.S. market for

international services, creating

incentives for carriers to offer existing

services at lower prices and adopt

innovative new services to attract

residential and small business

customers. Further opening the U.S.

market to foreign carrier entry, along

with U.S. carrier entry into foreign

markets, will allow carriers to capitalize

on newly found efficiencies by offering

one-stop shopping, which allows

customers to have a single service

provider in multiple markets, thereby

reducing administrative costs to users.

This final rule contains information

collections subject to the Paperwork

Reduction Act of 1995 (PRA), Pub. L.

No. 104–13. It will be submitted to the

Office of Management and Budget

(OMB) for review under the PRA. OMB,

the general public and other Federal

agencies are invited to comment on the

information collections contained in the

final rule.

DATES: The amendments to §§ 43.51(d)

and 64.1001(b) are effective January 8,

1998. All other regulations contain

information collection requirements and

are not effective until approved by the

Office of Management and Budget

(OMB), subject to 5 U.S.C. § 801(a)(3). A

document announcing the effective date

of these regulations will be published in

the Federal Register.

The agency reserves the right to

reconsider the effective date of this

decision if the WTO Basic Telecom

Agreement does not take effect on

January 1, 1998. If these final rules are

postponed, the agency will give timely

notice in the Federal Register.

Written comments by the public on

the information collection requirements

are due February 9, 1998.