64342 Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations

Note 1: This AD applies to each airplane

identified in paragraph (a) of this AD,

regardless of whether it has been modified,

altered, or repaired in the area subject to the

requirements of this AD. For airplanes that

have been modified, altered, or repaired so

that the performance of the requirements of

this AD is affected, the owner/operator must

request approval for an alternative method of

compliance in accordance with paragraph (e)

of this AD. The request should include an

assessment of the effect of the modification,

alteration, or repair on the unsafe condition

addressed by this AD; and, if you have not

eliminated the unsafe condition, specific

actions you propose to address it.

(f) Where can I get information about any

already-approved alternative methods of

compliance? Contact Roman T. Gabrys,

Aerospace Engineer, FAA, Small Airplane

Directorate, 901 Locust, Room 301, Kansas

City, Missouri 64106; telephone: (816) 329–

4141; facsimile: (816) 329–4090.

(g) What if I need to fly the airplane to

another location to comply with this AD? The

FAA can issue a special flight permit under

sections 21.197 and 21.199 of the Federal

Aviation Regulations (14 CFR 21.197 and

21.199) to operate your airplane to a location

where you can accomplish the requirements

of this AD.

(h) Are any service bulletins incorporated

into this AD by reference? Actions required

by this AD must be done in accordance with

Pilatus Service Bulletin No. 71–004, dated

December 22, 1999. The Director of the

Federal Register approved this incorporation

by reference under 5 U.S.C. 552(a) and 1 CFR

part 51. You can get copies from Pilatus

Aircraft Ltd., Customer Liaison Manager,

CH–6371 Stans, Switzerland. You can look at

copies at the FAA, Central Region, Office of

the Regional Counsel, 901 Locust, Room 506,

Kansas City, Missouri, or at the Office of the

Federal Register, 800 North Capitol Street,

NW., suite 700, Washington, DC.

(i) When does this amendment become

effective? This amendment becomes effective

on December 15, 2000.

Note 2: The subject of this AD is addressed

in Swiss AD Number HB 2000–007, dated

January 17, 2000.

Issued in Kansas City, Missouri, on

October 17, 2000.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 00–27222 Filed 10–26–00; 8:45 am]

BILLING CODE 4910–13–U

OVERSEAS PRIVATE INVESTMENT

CORPORATION

22 CFR Part 706

RIN 3420–ZA00

Freedom of Information; Final Rule

AGENCY: Overseas Private Investment

Corporation.

ACTION: Final rule.

SUMMARY: This final rule revises the

Overseas Private Investment

Corporation’s (‘‘OPIC,’’ or ‘‘the

Corporation’’) Freedom of Information

Act (‘‘FOIA’’) regulations by making

substantive and administrative changes.

These revisions supersede OPIC’s

current FOIA regulations, located at this

Part. The final rule incorporates the

FOIA revisions contained in the

Electronic Freedom of Information Act

Amendments of 1996 (Pub. L. 104–231)

(‘‘EFOIA’’), conforms OPIC’s regulations

to current OPIC FOIA practices, and

converts the regulations to a plain

English format. The final rule also

reflects the disclosure principles

established by President Clinton and

Attorney General Reno in their FOIA

Policy Memorandum of October 4, 1993,

and reiterated in Attorney General

Reno’s September 3, 1999 FOIA

Memorandum to the heads of federal

departments and agencies. Finally, the

final rule adds a notice to OPIC’s

business submitters concerning access

to OPIC records that have been

transferred to the legal custody and

control of the National Archives of the

United States (‘‘National Archives’’).

DATES: This rule is effective November

15, 2000.

FOR FURTHER INFORMATION CONTACT:

Laura A. Naide, FOIA Director, (202)

336–8426, or Eli H. Landy, FOIA

Counsel, (202) 336–8418.

SUPPLEMENTARY INFORMATION: This

revision of part 706 incorporates

changes to the language and structure of

the regulations and adds new provisions

to implement the EFOIA. New

provisions implementing the

amendments are found at § 706.12

(defining ‘‘search’’ to include electronic

searches), § 706.21 (electronic reading

room), § 706.31 (format of disclosure),

§ 706.32 (timing of responses and

expedited processing), and § 706.33

(material withheld). OPIC is already

complying with these statutory

requirements; this final rule serves as

OPIC’s formal codification of the

applicable law and its practice.

Under the EFOIA, an agency may

provide by regulation for multiple

‘‘tracks’’ in responding to FOIA requests

depending upon the amount of time and

work involved in responding to

different kinds of requests (‘‘multitrack

processing’’). OPIC will not implement

multitrack processing. Because OPIC

receives a limited number of FOIA

requests each year and is able to

respond to the great majority of them on

a timely basis, OPIC does not need to

provide separate processing tracks for

more complicated versus simpler FOIA

requests.

Revisions to OPIC’s fee schedule can

be found at § 706.34. The duplication

charge will remain fifteen cents per

page, while the document search and

review charges will increase to $16 and

$35 per hour, respectively. The amount

at or below which OPIC will not charge

a fee is set at $15.

This revision also notifies OPIC’s

business submitters of the requirement

that OPIC transfer legal custody and

control of certain records to the National

Archives pursuant to applicable federal

records schedules.

OPIC published a proposed rule at 65

FR 30369, May 11, 2000, and invited

interested parties to submit comments.

OPIC received one set of comments and

made several changes to its proposed

rule based on the commentator’s

suggestions.

OPIC adopted the following

suggestions. First, OPIC revised

§ 706.31(b)(1) to describe more clearly

how the Corporation handles FOIA

requests that do not reasonably describe

the records sought. The commentator

stated that OPIC’s proposed regulation

did not ‘‘adequately guarantee that

requesters whose requests need to be

clarified will be contacted in a timely

and effective manner so that their

requests can be processed quickly.’’ The

final rule specifies in more detail OPIC’s

procedures for treatment of ambiguous

requests.

Second, OPIC modified § 706.34(e)

concerning special service charges to

clarify that requesters will be provided

advance notice of the actual cost of any

requested service(s) that OPIC has

agreed to provide. OPIC provides

special services such as certification of

documents and rapid delivery methods

as a convenience to its FOIA requesters.

FOIA requesters are not required to use

special services and may withdraw a

request for special services if they do

not wish to pay the stated cost.

OPIC considered, but did not adopt

the following suggestions. First, OPIC

did not adopt the suggestion that the

Corporation include in its regulations a

provision granting expedited processing

to records that are subject to multiple

(i.e., five or more) pending FOIA

requests. OPIC could establish this

discretionary category of ‘‘expedited

processing’’ under FOIA subsection 5

U.S.C. 552(a)(6)(E)(i)(II), but the

Corporation does not believe it would

serve a useful purpose to do so. OPIC’s

FOIA program is flexible enough to

accommodate multiple requests and

respond to them in a timely manner

without giving such requests expedited

status.

The commentator was concerned that

OPIC’s response to multiple requests for

Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations 64343

identical records could be delayed if

OPIC developed a FOIA backlog and

such requests were not granted

expedited status. Based on OPIC’s

experience processing FOIA requests,

this concern is unfounded. OPIC does

not adhere to a strict first-in, first-out

regimen. OPIC begins processing each

FOIA request upon receipt and handles

each request as quickly as possible

based on the complexity of the request.

For example, a request for publiclyavailable information can be processed

rapidly, often within one or two

business days of receipt. By contrast, a

request for confidential or financial

information takes longer to process

because OPIC must contact the business

submitter for comments pursuant to

Executive Order 12600 and this Part.

OPIC also notes that most multiple

requests for OPIC records are requests

for commercial or financial information.

Because of the notice requirements

described above, it would be extremely

difficult to respond to such requests in

fewer than 20 business days. Finally, as

the commentator noted, OPIC’s most

recent Annual FOIA Report indicates

that OPIC responds to FOIA requests in

a timely manner.

Second, OPIC did not adopt the

suggestion that the Corporation notify

requesters of their right under 5 U.S.C.

552(a)(6)(C) to seek immediate review

by a court when the Corporation fails to

respond to a FOIA request within

twenty business days of receipt. The

commentator suggested that OPIC

provide such notice in its responses to

FOIA requests. For such notification to

be meaningful, however, OPIC would

have to provide the notice prior to

processing the FOIA request. This

would place a burden on OPIC’s limited

FOIA resources and impose a

requirement on OPIC that is not found

in the FOIA.

Third, OPIC will not modify

1A706.11(c), which states: ‘‘In

responding to requests for information,

OPIC will consider only those records

within its possession or control as of the

date of the request.’’ The commentator

considers this ‘‘date-of-request cut-off,’’

to be an inappropriate exclusion of more

recently-created responsive records.

OPIC will retain its practice of using a

date-of-request cut-off because there is

no other practical way for the

Corporation to process FOIA requests

and because this practice is consistent

with FOIA case law.

The commentator suggests that OPIC

adopt a date-of-processing cut-off.

Because OPIC begins processing FOIA

requests upon receipt, there is no

meaningful distinction for the

Corporation between the date of receipt

and the date of processing. Further,

without a cut-off date, OPIC would

never be able to complete its response

to a FOIA request for an active matter

because new records could be created

on a continual basis. In spite of this

basic practice, however, the Corporation

may make occasional exceptions to the

date-of-request cut-off depending upon

the circumstances of the request. Any

such exception is within OPIC’s sole

discretion. This determination is

consistent with recent FOIA case law.

See, e.g., Public Citizen v. Dep’t of State,

100 F.Supp. 2d 10 (D.D.C. 2000).

Finally, OPIC did not adopt the

commentator’s suggested language

regarding referrals of documents to

other agencies, although it did amend

1A706.33(b) as described below. The

commentator suggested regulatory

language that would require OPIC, prior

to referring a record to another agency

for review and release pursuant to a

FOIA request, to identify an intention

on the part of the originating agency to

retain control over the record. OPIC

believes this requirement would create

an undue burden on its FOIA program.

To address the commentator’s

concerns, OPIC amended 1A706.33(b)

to state that OPIC will not make a

referral if OPIC can make a

determination concerning release either

by examining the document and/or by

informal consultation with the

originating agency. OPIC also amended

the section to state that any necessary

referrals will be made promptly upon

OPIC’s receipt of the FOIA request. As

the commentator noted, OPIC has only

made one referral to another agency

within the last two years. Accordingly,

OPIC does not believe that referrals

within its FOIA program have resulted

in delays to its FOIA requesters.

Public Law 96–354, ‘‘Regulatory

Flexibility Act’’ (5 U.S.C. 601)

Pursuant to the Regulatory Flexibility

Act, 5 U.S.C. 601 et seq., the head of

OPIC has certified that this regulation,

as promulgated, will not have a

significant economic impact on a

substantial number of small entities.

The regulation implements the FOIA, a

statute concerning the release of federal

records, and does not economically

impact Federal Government relations

with the private sector. Further, under

the FOIA, agencies may recover only the

direct costs of searching for, reviewing,

and duplicating the records processed

for requesters. Based on OPIC’s

experience, these fees are nominal.

Executive Order 12866

OPIC incorrectly stated that its

proposed rule (65 FR 30369, May 11,

2000) was drafted and reviewed in

accordance with Executive Order 12866,

section 1(b), Principles of Regulation.

The Office of Management and Budget

(‘‘OMB’’), by memorandum dated

October 12, 1993, exempted OPIC from

the requirements of this Executive

Order. Accordingly, OMB did not

review this final rule or its predecessor

proposed rule. OPIC did, however,

incorporate the general principles stated

in section 1(b) of the Executive Order in

drafting its proposed and final rules.

Unfunded Mandates Reform Act of

1995

This regulation will not result in the

expenditure by State, local, and tribal

governments, in the aggregate, or by the

private sector, of $100,000,000 or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This regulation is not a major rule as

defined by section 804 of the Small

Business Regulatory Enforcement

Fairness Act of 1996. This regulation

will not result in an annual effect on the

economy of $100,000,000 or more; a

major increase in costs or prices; or

significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

List of Subjects in 22 CFR Part 706

Freedom of Information.

For the reasons stated in the

summary, OPIC revises 22 CFR Part 706

to read as follows:

PART 706—FREEDOM OF INFORMATION

Subpart A—General

Sec.

706.11 General Provisions.

706.12 Definitions.

Subpart B—Procedures for Obtaining

Publicly Available Records

706.21 What types of OPIC records are

publicly available, and how do I obtain

access to or copies of these records?

Subpart C—Procedures for Obtaining

Records under the FOIA

706.31 How do I request copies of or access

to OPIC records that are not otherwise

available to the public?

706.32 When will I receive a response to

my FOIA request?

706.33 How will OPIC respond to my FOIA

request?

64344 Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations

706.34 What, if any, fees will I be charged?

706.35 When will OPIC reduce or waive

fees?

706.36 How may I appeal a partial or total

denial of records?

Subpart D—Rights of Submitters of

Confidential Business Information

706.41 How should business submitters

designate business information in

materials submitted to OPIC?

706.42 When will OPIC notify business

submitters of a pending FOIA request?

706.43 Who will OPIC notify if a FOIA

lawsuit is filed?

706.44 What happens to business

information contained in OPIC records

transferred to the National Archives of

the United States?

Authority: 5 U.S.C. 552, as amended;

Executive Order 12600; 44 U.S.C. 2901, et.

seq.

PART 706—FREEDOM OF

INFORMATION

Subpart A—General

§ 706.11 General Provisions.

(a) Purpose. The purpose of this part

is to help interested parties obtain

access to OPIC records. Many OPIC

records may be accessed by the public

without filing a formal request under

the FOIA. Records that are not routinely

available, however, must be requested

under the FOIA. This part also informs

OPIC’s business submitters of their right

to be notified of a request for disclosure

of business information and to object to

such disclosure. Finally, this part

provides information about access to

records that OPIC has transferred to the

National Archives.

(b) Policy. OPIC’s policy is to make its

records available to the public to the

greatest extent possible, in keeping with

the spirit of the FOIA. This policy

includes providing reasonably

segregable information from records that

also contain information that may be

withheld under the FOIA. However,

implementation of this policy also

reflects OPIC’s view that the soundness

and viability of many of its programs

depend in large measure upon full and

reliable commercial, financial, technical

and business information received from

applicants for OPIC assistance and that

the willingness of those applicants to

provide such information depends on

OPIC’s ability to hold it in confidence.

Consequently, except as provided by

law and this part, information provided

to OPIC in confidence will not be

disclosed without the submitter’s

consent.

(c) Scope. This regulation applies to

all agency records in OPIC’s possession

and control. This regulation does not

compel OPIC to create records or to ask

outside parties to provide documents in

order to satisfy a FOIA request. OPIC

may, however, in its discretion and in

consultation with a FOIA requester,

create a new record as a partial or

complete response to a FOIA request. In

responding to requests for information,

OPIC will consider only those records

within its possession and control as of

the date of the request. This regulation

does not apply to requests for records

under the Privacy Act, 5 U.S.C. 552a.

OPIC’s regulations governing Privacy

Act requests are located at 22 CFR part

707.

(d) OPIC Internet Site. OPIC maintains

an Internet site at www.opic.gov. This

site contains information on OPIC

functions, activities, programs, and

transactions. OPIC encourages all

prospective requesters of information,

whether under FOIA or otherwise, to

visit its Internet site prior to submitting

a request.

(e) OPIC address. OPIC is located at

1100 New York Avenue, NW.,

Washington, DC 20527. All

correspondence should be sent to this

address.

§ 706.12 Definitions.

For purposes of this subpart, the

following definitions apply:

All other requesters—Requesters other

than commercial use requesters,

educational and non-commercial

scientific requesters, or representatives

of the news media.

Business information—Trade secrets

and confidential or privileged

commercial or financial information

obtained from any person, including,

but not necessarily limited to,

information contained in individual

case files relating to such activities as

insurance, loans, and loan guaranties.

Business submitter—Any person that

provides business information to OPIC.

Educational institution—A preschool,

a public or private elementary or

secondary school, an institution of

undergraduate or graduate higher

education, or an institution of

professional or vocational education.

FOIA—The Freedom of Information

Act, as amended, 5 U.S.C. 552.

National Archives—The National

Archives of the United States.

Non-commercial scientific

institution—An institution that is

operated for the purpose of conducting

scientific research, the results of which

are not intended to promote any

particular product or industry, and that

is not operated solely for purposes of

furthering a business, trade, or profit

interest.

OPIC—The Overseas Private

Investment Corporation.

Person—An individual, partnership,

corporation, association, or

organization, other than a federal

government agency.

Record—All papers, memoranda, or

other documentary material, or copies

thereof, regardless of physical form or

characteristics, created or received by

OPIC and within OPIC’s possession and

control. ‘‘Record’’ does not include

publications that are available to the

public through the Federal Register, by

sale or through free distribution.

Redaction—The process of removing

non-disclosable material from a record

so that the remainder may be released.

Representative of the news media—A

person actively gathering information

on behalf of an entity organized and

operated to publish or broadcast news to

the public. Freelance journalists qualify

as representatives of the news media

when they can demonstrate that a

request is reasonably likely to lead to

publication.

Request—Any request made to OPIC

under the FOIA.

Requester—Any person making a

request.

Review—The examination of a record

located in response to a request in order

to determine whether any portion of the

record is exempt from disclosure.

Review also includes processing any

record for disclosure—for example,

redacting and preparing the record for

disclosure. Review also includes time

spent considering any formal objection

to disclosure made by a business

submitter, but does not include time

spent resolving general legal or policy

issues regarding the application of

exemptions.

Search—The process of looking for

and retrieving records or information

responsive to a request. It includes pageby-page or line-by-line identification of

information within records and also

includes reasonable efforts to locate and

retrieve information from records

maintained in electronic form or format.

Working days—All calendar days

excluding Saturdays, Sundays, Federal

Government holidays, and any other

day on which OPIC is not open for

business.

Subpart B—Procedures for Obtaining

Publicly Available Records

§ 706.21 What types of OPIC records are

publicly available, and how do I obtain

access to or copies of these records?

(a) Electronic Access.

(1) Many OPIC records are readily

available to the public by electronic

access, including OPIC’s Annual Report,

Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations 64345

OPIC’s Program Handbook, OPIC press

releases, and application forms for OPIC

assistance. Persons seeking information

are encouraged to visit OPIC’s Internet

site at: www.opic.gov.

(2) Records relating to OPIC’s FOIA

program, including records required by

the FOIA to be made available

electronically, records which have been

the subject of frequent FOIA requests,

and OPIC’s annual FOIA Report are

available in OPIC’s Electronic Reading

Room. OPIC’s Electronic Reading Room

may be accessed through the ‘‘FOIA’’

link on OPIC’s Internet site at:

www.opic.gov. The Electronic Reading

Room also contains an index of records

available electronically. Generally, only

records created after November 1, 1996

are available electronically.

(b) Offline Access. Publicly-available

OPIC materials are readily available on

OPIC’s Internet site at www.opic.gov. If

you do not have access to the Internet,

you may obtain many of the same

materials by contacting one or more of

the sources listed below.

(1) General information. General

information (e.g., OPIC’s Annual Report,

OPIC’s Program Handbook, and

application forms for OPIC assistance)

are available from OPIC’s Information

Officer. To obtain access to or copies of

these records, call (202) 336–8400 and

ask to be connected with the

Information Officer, or write to the

Information Officer. You may also

obtain general information by calling

the OPIC InfoLine at (202) 336–8799

and you may obtain documents by

facsimile by calling the OPIC FactsLine

at (202) 336–8700.

(2) Claims information. OPIC’s

Department of Legal Affairs maintains

public information files relating to the

determination of claims filed under

OPIC’s political risk insurance contracts

and a list of all claims resolved by cash

settlements or guaranties. To obtain

access to or copies of these records, call

(202) 336–8400 and ask to be connected

with the Claims Assistant in Legal

Affairs or write to the Claims Assistant,

Department of Legal Affairs.

(3) Materials concerning OPIC’s Board

of Directors. The Corporate Secretary

maintains public information files

containing the minutes of the public

portions of Board of Directors meetings,

as well as publicly-releasable Board

resolutions. To obtain access to or

copies of these records, call (202) 336–

8400 and ask to be connected with the

Corporate Secretary or write to the

Corporate Secretary.

(4) Press Releases. OPIC’s Press Office

maintains copies of OPIC’s press

releases. To obtain access to or copies of

these records, call (202) 336–8400 and

ask to be connected with the Press

Office or write to the Press Office.

(5) Reading room material. Pursuant

to the FOIA, OPIC maintains certain

records for public inspection and

photocopying, including records that

have been the subject of frequent FOIA

requests. To obtain access to or copies

of these records, call (202) 336–8400

and ask to be connected with the FOIA

Office or write to the FOIA Office. OPIC

maintains an index of FOIA reading

room records, which is updated

regularly.

Subpart C—Procedures for Obtaining

Records Under the FOIA

§ 706.31 How do I request copies of or

access to OPIC records that are not

otherwise available to the public?

(a) Submitting a request. To request

records that are not otherwise available

to the public, submit a written request

to OPIC’s FOIA Office either by mail, by

hand delivery, by facsimile transmission

to (202) 408–0297, or by electronic mail

to FOIA@opic.gov. You must state that

you are requested records under the

FOIA. Your request is considered

received by OPIC upon actual receipt by

OPIC’s FOIA Office.

(b) Format. Although FOIA requests

do not need to follow a specific format,

you must include the following

information:

(1) You must reasonably describe the

records you seek. This means that you

must provide enough detail to enable

OPIC personnel, using reasonable

efforts, to locate the records. Whenever

possible, your request should include

specific information about each record

sought, such as the date, title or name,

author, recipient, and subject matter.

Any request that does not reasonably

describe the records sought will not be

considered received by OPIC until the

request is clarified. If your request does

not reasonably describe the records you

seek, OPIC will make reasonable efforts

to contact you and tell you what

additional information you need to

provide in order to clarify your request.

You then will have an opportunity to

modify your request to meet the

requirements of this section. Any time

you spend clarifying your request

(discussing your request with OPIC and

preparing a revised request) is excluded

from the 20 working-day period (or any

extension of this period) that OPIC has

to respond to your request.

(2) You must state the format (e.g.,

paper, computer disk, etc.) in which you

would like OPIC to provide the

requested records. If you do not state a

preference, you will receive any

released records in the format most

convenient to OPIC.

(3) You must include your mailing

address and telephone number. You

may also provide your electronic mail

address, which will allow OPIC to

contact you quickly to discuss your

request and, in some instances, to

respond to your request electronically.

(4) You must state your willingness to

pay fees under this Part or, alternately,

your willingness to pay fees up to a

specified limit. If you believe that you

qualify for a partial or total fee waiver

under § 706.35(a), you should request a

waiver and provide justification as

required by § 706.35(b). If your request

does not contain a statement of your

willingness to pay fees or a request for

a fee waiver, OPIC will advise you of the

requirements of this paragraph. If you

fail to respond within ten working days

of such notification, OPIC will stop

processing your request.

§ 706.32 When will I receive a response to

my FOIA request?

(a) General. The FOIA requires OPIC

to respond within twenty working days

after the date on which OPIC’s FOIA

Office received the request.

(b) Order of processing. Generally,

OPIC responds to FOIA requests in the

order in which they are received.

(c) Extensions.

(1) In unusual circumstances, OPIC

may require an extension of time in

which to respond to your request. OPIC

will provide written notice to you

whenever such unusual circumstances

exist. Unusual circumstances may

include, for example: The need to

search for and collect requested records

from storage facilities located outside of

OPIC’s premises; the need to search for,

collect, and appropriately examine a

voluminous amount of separate and

distinct records that are requested in a

single request; or the need for

consultation with another agency

having a substantial interest in the

request. If the extension is expected to

exceed ten working days, OPIC will

offer you the opportunity to:

(i) Alter your request so that

processing may be accelerated; or

(ii) Propose an alternative, feasible

time frame for processing the request.

(2) When OPIC reasonably believes

that multiple requests submitted by a

requester, or by a group of requesters

acting in concert, constitute a single

request that would otherwise involve

unusual circumstances, and the requests

involve clearly related matters, such

requests may be aggregated for purposes

of this section.

(d) Expedited processing. OPIC will

expedite processing of your FOIA

64346 Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations

request if you provide information

indicating that one of the following

factors is present: circumstances in

which the lack of expedited treatment

could reasonably be expected to pose an

imminent threat to the life or physical

safety of an individual; or an urgent

need to inform the public about an

actual or alleged federal government

activity, if the request is made by a

person primarily engaged in

disseminating information. You may

make a request for expedited processing

at the time you submit your FOIA

request or at any later time. If you make

such a request, you must submit a

statement, certified to be true and

correct to the best of your belief,

explaining in detail the basis for

requesting expedited processing. OPIC

will notify you of its determination

concerning your request for expedited

processing within ten days after the date

of your request. You may appeal a

denial of a request for expedited

processing under the provisions at

§ 706.36. OPIC will grant expedited

consideration to any such appeal.

§ 706.33 How will OPIC respond to my

FOIA request?

(a) OPIC response. You will be

notified in writing once OPIC makes a

determination concerning your request.

OPIC will respond by providing the

requested records to you in whole or in

part and/or by denying your request in

whole or in part, or by notifying you

that OPIC will produce or withhold, in

whole or in part, the requested records.

If you owe fees, OPIC will respond to

you after you have paid the fees.

(1) Segregable records. If OPIC

determines that part(s) of a record are

exempt from disclosure under the FOIA,

any reasonably segregable part of the

record will be provided to you after

redaction of the exempt material. OPIC

will mark or annotate any such record

to show both the amount and the

location of the redacted information

wherever practicable. If segregation

would render the record meaningless,

OPIC will withhold the entire record.

(2) Denials. A denial is a

determination to withhold any

requested record in whole or in part, a

determination that a requested record

cannot be located, or a determination

that what you requested is not a record

subject to the FOIA. If OPIC denies all

or part of your request, you will be

provided:

(i) The name, title, and signature of

the person responsible for the

determination;

(ii) The statutory basis for nondisclosure;

(iii) A statement that the denial may

be appealed under § 706.36 and a brief

description of the requirements of that

section; and

(iv) If entire records or pages of

records are withheld, an estimated

volume of the amount of material

withheld unless providing such an

estimate would harm an interest

protected by the FOIA exemption under

which the denial is made.

(b) Referrals to other government

agencies. If you request a record in

OPIC’s possession that was created or

classified by another Federal agency,

OPIC will promptly refer your request to

that agency for direct response to you

unless OPIC can determine by

examining the record or by informal

consultation with the originating agency

that the record may be released in whole

or part. OPIC will notify you of any such

referral.

§ 706.34 What, if any, fees will I be

charged?

(a) General Policy. You generally will

be charged for costs incurred by OPIC in

complying with your FOIA request, in

accordance with paragraph (c) of this

section and as required or permitted by

law. As explained more fully in

paragraph (c) of this section, fees will

vary according to your requester status.

(1) Search fees are $16 per hour.

(2) Review fees are $35 per hour.

(3) Duplication costs are $.15 per page

for photocopying, and direct costs for all

other media (including any operator

time involved).

(b) Anticipated Fees. Your FOIA

request must specifically state that you

will pay all fees chargeable under this

section or, alternatively, that you will

pay fees up to a specified limit. If your

request makes no reference to

anticipated fees and your request is

expected to involve fees of more than

$25, or OPIC estimates that the fees will

exceed the dollar limit specified in your

request, OPIC will promptly notify you

of the estimated fees.

(c) Uniform Fee Schedule. Fees will

be charged according to your requester

status.

(1) Commercial use requesters.

Commercial use requesters will be

charged the cost of all time spent

searching for and reviewing for release

the requested records and for all

duplication costs.

(2) Educational and non-commercial

scientific institution requesters.

Educational and non-commercial

scientific institution requesters will be

charged only the costs of duplication.

No fee will be charged for the costs of

photocopying the first 100 pages of

documents or for the first $15 of other

media costs. To be eligible for inclusion

in this category, you must show that

your request is being made under the

auspices of a qualifying educational

institution or non-commercial scientific

institution and that the records are

sought in furtherance of scholarly (if the

request is from an educational

institution) or scientific (if the request is

from a non-commercial scientific

institution) research.

(3) Representatives of the news media.

Representatives of the news media will

be charged only the costs of duplication.

No fee will be charged for the costs of

photocopying the first 100 pages of

documents or for the first $15 of other

media costs. To be eligible for inclusion

in this category, you must be a

representative of the news media and

your request must not be made for a

commercial use. A request for records

that supports the news dissemination

function of the requester is not

considered to be a request that is for a

commercial use.

(4) All other requesters. All other

requesters will be charged for the cost

of any search time in excess of two

hours, photocopying any documents in

excess of 100 pages, and any costs in

excess of the first $15 of other media

costs.

(d) Fees for searches that produce no

records. Fees will be charged as

provided in this section even if OPIC’s

search and review does not produce any

disclosable records.

(e) Special services charges. At its

discretion, OPIC may comply with

requests for special services such as

certification of documents or shipping

methods other than regular U.S. mail.

You will be charged the direct costs of

any such services. OPIC will inform you

of the cost of any special service(s) that

you request, and you must pay this cost

before OPIC will finish processing your

FOIA request. If you do not wish to pay

the stated cost, you may rescind your

request for the special service(s).

(f) Advance Payments. Where OPIC

estimates that fees are likely to exceed

$250, you will be required to make an

advance payment of the entire fee before

OPIC continues to process your request.

You will be provided an opportunity to

narrow the scope of your request if you

do not want to pay the entire amount of

the estimated fees.

(g) Restrictions on Assessing Fees.

With the exception of commercial use

requesters, the FOIA requires agencies

to provide the first 100 pages of

photocopying and the first two hours of

search time to requesters without

charge. Moreover, the FOIA prohibits

agencies from charging fees to any

requester, including commercial use

Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations 64347

requesters, if the cost of collecting the

fee would be equal to or greater than the

fee itself. OPIC has determined that its

cost of collecting a FOIA fee is $15. In

implementing these provisions, OPIC

will not begin to assess fees until after

providing the free search and

reproduction described above, except

for commercial use requesters. For

example, for a request involving four

hours of search time and results in 105

pages of documents, OPIC will

determine the cost of only 2 hours of

search time and only five pages of

duplication.

(h) Failure to pay fees.

(1) OPIC will begin assessing interest

charges on the 31st calendar day

following the date of billing. Interest

will be at the rate prescribed in section

3717 of Title 31 of the United States

Code.

(2) If you previously failed to pay a

FOIA fee to OPIC in a timely fashion,

you must pay the full amount owed plus

any applicable interest as provided

above and make an advance payment of

the full amount of the estimated fee

before OPIC will process a new FOIA

request from you.

(3) When OPIC acts under paragraphs

(h)(1) or (2) of this section, the

administrative time limits for processing

FOIA requests (i.e., 20 working days

from receipt of initial request and 20

working days from receipt of an appeal

plus permissible extensions) will begin

only after OPIC has received full

payment of all applicable fees and

interest.

§ 706.35 When will OPIC reduce or waive

fees?

(a) Waiver. In accordance with the

FOIA’s fee waiver provisions, OPIC will

furnish records to you without charge or

at a reduced charge if disclosure of the

information you request is in the public

interest because it is likely to contribute

significantly to public understanding of

the operations or activities of the

government and is not primarily in your

commercial interest. In determining

whether a fee waiver is appropriate,

OPIC will consider the following

factors:

(1) Whether the subject of the

requested records concerns the

operations or activities of the

government;

(2) Whether disclosure of the

requested information is likely to

contribute significantly to public

understanding of government operations

or activities;

(3) Whether you have the intention

and ability to disseminate the

information to the public;

(4) Whether the information is already

in the public domain;

(5) Whether you have a commercial

interest that would be furthered by the

disclosure; and, if so,

(6) Whether the magnitude of your

identified commercial interest is

sufficiently large, in comparison with

the public interest in disclosure, that

disclosure is primarily in your

commercial interest.

(b) Justification. In all cases, you have

the burden of presenting sufficient

evidence or information to justify the

requested fee waiver or reduction.

(c) Inspection. You may come to

OPIC’s offices to inspect any releasable

records that you requested without

charge to you except for any search,

review, and/or duplication fees that are

otherwise payable.

(d) Other provisions.

(1) Aggregating requests. When OPIC

reasonably believes that a requester or

group of requesters is attempting to

break down a request into a series of

requests for the purpose of evading the

assessment of fees, OPIC will aggregate

any such requests and charge

accordingly.

(2) Remittances. All payments under

this Part must be in the form of a check

or a bank draft denominated in U.S.

currency. Checks should be made

payable to the order of United States

Treasury and mailed to the OPIC FOIA

Office.

§ 706.36 How may I appeal a partial or total

denial of records?

(a) Procedure. If your request for

records has been denied in whole or in

part, you may file an appeal within

twenty working days following the date

on which you receive OPIC’s denial.

Your appeal should be addressed to

OPIC’s Vice President and General

Counsel. Your appeal is considered

received by OPIC upon actual receipt by

OPIC’s Vice President and General

Counsel. You should clearly mark your

envelope and appeal letter as a

‘‘Freedom of Information Act Appeal.’’

Your appeal letter should reasonably

describe the information or records

requested and any other pertinent facts

and statements.

(b) Response. OPIC’s Vice President

and General Counsel or his/her designee

will render a written decision within

twenty working days after the date of

OPIC’s receipt of the appeal, unless an

extension of up to ten working days is

deemed necessary due to unusual

circumstances. You will be notified in

writing of any extension. If your appeal

is denied in whole or in part, the

decision will explain OPIC’s rationale

for upholding the denial. If your appeal

is granted in whole or in part, the

information or requested records will be

made available promptly, provided the

requirements of § 706.34 regarding

payment of fees are satisfied.

Subpart D—Rights of Submitters of

Confidential Business Information

§ 706.41. How should business submitters

designate business information in materials

submitted to OPIC?

All business submitters may

designate, by appropriate markings,

either at the time of submission or at a

later time, any portions of their

submissions that they consider to be

protected from disclosure under the

FOIA. These markings will be

considered by OPIC in responding to a

FOIA request but such markings (or the

absence of such markings) will not be

dispositive as to whether the marked

information is ultimately released.

§ 706.42 When will OPIC notify business

submitters of a pending FOIA request?

(a) Except as provided in paragraph

(e) of this section, OPIC’s FOIA Office

will promptly notify a business

submitter in writing that a request for

disclosure has been made for any

business information provided by the

submitter. This notification will

describe the nature and scope of the

request, advise the submitter of its right

to submit written objections in response

to the request, and inform the submitter

of OPIC’s intent to disclose the business

information ten working days from the

date of the notice. The notice will either

describe the business information

requested or include copies of the

requested records.

(b) The business submitter may, at

any time prior to the disclosure date

described in paragraph (a) of this

section, submit to OPIC’s FOIA Office

detailed written objections to the

disclosure of the requested information,

specifying the grounds upon which it

contends that the information should

not be disclosed. In setting forth such

grounds, the submitter should explain

the basis of its belief that the

nondisclosure of any item of

information requested is mandated or

permitted by law. In the case of

information that the submitter believes

to be exempt from disclosure under

subsection (b)(4) of the FOIA, the

submitter shall explain why the

information is considered a trade secret

or commercial or financial information

that is privileged or confidential and

either: How disclosure of the

information would cause substantial

competitive harm to the submitter, or

why the information should be

considered voluntarily submitted and

64348 Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations

why it is information that would not

customarily be publicly released by the

submitter. Information provided by a

business submitter pursuant to this

paragraph may itself be subject to

disclosure under the FOIA.

(c) The period for providing OPIC

with objections to disclosure of

information may be extended by OPIC

upon receipt of a written request for an

extension from the business submitter.

Such written request shall set forth the

date upon which any objections are

expected to be completed and shall

provide reasonable justification for the

extension. In its discretion, OPIC may

permit more than one extension.

(d) OPIC may accept or reject the

submitter’s objections, in whole or in

part. If OPIC rejects the submitter’s

objections, in whole or in part, OPIC

will promptly notify the business

submitter of its determination at least

five working days prior to release of the

information. The notification will

include:

(1) A statement of the reasons for

OPIC’s decision to reject the business

submitter’s objections;

(2) A description of the information to

be disclosed, or a copy thereof; and

(3) A specific disclosure date.

(e) OPIC will not ordinarily notify the

business submitter pursuant to

paragraph (a) of this section if:

(1) OPIC determines that the FOIA

request should be denied;

(2) The disclosure is required by law

(other than pursuant to 5 U.S.C. 552); or

(3) The information has been

published or otherwise made available

to the public, including material

described in § 706.21.

§ 706.43 Who will OPIC notify if a FOIA

lawsuit is filed?

If a requester files a lawsuit seeking to

compel the disclosure of business

information, OPIC will promptly notify

any business submitter(s) that submitted

information at issue in the lawsuit.

§ 706.44 What happens to business

information contained in OPIC records

transferred to the National Archives of the

United States?

Under the Records Disposal Act, 44

U.S.C. Chapter 33, OPIC is required to

transfer legal custody and control of

records with permanent historical value

to the National Archives. OPIC’s

Finance Project and Insurance Contract

Case files generally do not qualify as

records with permanent historical value.

OPIC will not transfer these files except

when the National Archives determines

that an individual project or case is

especially significant or unique. If the

National Archives receives a FOIA

request for records that have been

transferred it will respond to the request

in accordance with its own FOIA

regulations.

Dated: October 24, 2000.

Laura A. Naide,

FOIA Director and Senior Administrative

Counsel.

[FR Doc. 00–27704 Filed 10–26–00; 8:45 am]

BILLING CODE 3210–01–U

DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 884

RIN 0701–AA60

Delivery of Personnel to United States

Civilian Authorities for Trial

AGENCY: Department of the Air Force,

DoD.

ACTION: Final rule.

SUMMARY: The Department of the Air

Force is revising 32 CFR Part 884,

Delivery of Personnel to United States

Civilian Authorities for Trial of the

Code of Federal Regulations to reflect

current policies. Part 884 is the Air

Force Instruction establishing

procedures for making Air Force

members, civilian personnel, and family

members available to U.S. civilian

authorities for the trial or specified

court appearances. It updates the

process for delivery of personnel to

civilian authorities for trial.

EFFECTIVE DATE: November 1, 2000.

ADDRESSES: Lt. Col. Tom Jaster, AFLSA/

JAJM, 112 Luke Avenue, Suite 343,

Bolling Air Force Base, DC 20332–8000,

202–767–1539.

FOR FURTHER INFORMATION CONTACT: Lt.

Col. Tom Jaster, AFLSA/JAJM, 202–

767–1539.

SUPPLEMENTARY INFORMATION: Part 884

implements Department of Defense

(DoD) Directive 5525.9, Compliance of

DoD Members, Employees, and Family

Members Outside the United States

With Court Orders, December 27, 1988

and AFPD 51–10, Making Military

Personnel, Employees, and Dependents

Available to Civilian Authorities.

List of Subjects in 32 CFR Part 884

Courts, Government employees, Law

enforcement, Military personnel.

For the reasons set forth in the

preamble, the Department of the Air

Force is revising 32 CFR Part 884 as

follows:

PART 884—DELIVERY OF

PERSONNEL TO UNITED STATES

CIVILIAN AUTHORITIES FOR TRIAL

Sec.

884.0 Purpose.

884.1 Authority.

884.2 Assigned responsibilities.

884.3 Placing member under restraint

pending delivery.

884.4 Release on bail or recognizance.

884.5 Requests under the interstate

agreement on Detainer’s Act.

884.6 Requests by Federal authorities for

military personnel stationed within the

United States and its possessions.

884.7 Requests by state and local

authorities when the requested member

is located in that state.

884.8 Request for delivery by state

authorities when the member is located

in a different state.

884.9 Requests for custody of members

stationed outside the United States.

884.10 Returning members, employees, and

family members from overseas.

884.11 Procedures for return of an Air force

member to the United States.

884.12 Delays in returning members to the

United States.

884.13 Denials of a request for return of a

member to the United States.

884.14 Compliance with court orders by

civilian employees and family members.

884.15 Procedures involving a request by

Federal or state authorities for custody of

an overseas civilian employee or a

command-sponsored family member.

884.16 Reporting requests for assistance

and action.

884.17 Commander’s instruction letter to

member.

884.18 Civilian authority’s

acknowledgment of transfer of custody

and agreement to notify member’s

commander.

Authority: 10 U.S.C. 814; 10 U.S.C. 8013;

Sec. 721(a), Pub. L. 100–456, 102 Stat. 2001.

§ 884.0 Purpose.

This part establishes procedures for

making Air Force members, civilian

personnel, and family members

available to U.S. civilian authorities for

trial or specified court appearances. It

implements 32 CFR part 146. This part

does not confer any rights, benefits,

privileges, or form of due process

procedure upon any individuals.

§ 884.1 Authority.

A general court martial convening

authority (GCMCA) may authorize

delivery of a member of that command

to Federal or state civil authorities. The

GCMCA may delegate this authority to

an installation or equivalent

commander. See AFPD 51–10, Making

Military Personnel, Employees, and

Dependents Available to Civilian