26488 Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 /Rules and Regulations

Commodity Parts per

million

Horses, mbyp .............................. 0.05

Horses, meat .............................. 0.05

Milk .............................................. 0.05

Mushrooms ................................. 0.2

Orange ........................................ 0.5

Poultry, fat ................................... 0.05

Poultry, mbyp .............................. 0.05

Poultry, meat ............................... 0.05

Sheep, fat ................................... 0.05

Sheep, mbyp ............................... 0.05

Sheep, meat ............................... 0.05

Soybeans .................................... 0.05

Tangerine .................................... 0.5

Walnuts ....................................... 0.1

(2) A temporary tolerance expiring

June 30, 1999, is established for residues

of the insecticide diflubenzuron (N-[[4-

chlorophenyl)amino]-carbonyl]-2,6-

difluorobenzamide) and metabolites

convertible to p-chloroaniline expressed

as diflubenzuron on rice grain at 0.01

ppm.

(b) Section 18 emergency exemptions.

[Reserved]

(c) Tolerances with regional

registrations. Tolerances with regional

registration, as defined in § 180.1(n), are

established for residues of

diflubenzuron in or on the following

raw agricultural commodities:

Commodity Parts per

million

Grass, pasture ............................ 1.0

Grass, range ............................... 3.0

(d) Indirect or inadvertent residues.

[Reserved]

[FR Doc. 98–12640 Filed 5–12–98; 8:45 am]

BILLING CODE 6560–50–F

GENERAL SERVICES

ADMINISTRATION

41 CFR Chapter 301

[FTR Amendment 72]

RIN 3090–AG72

Federal Travel Regulation; Maximum

Per Diem Rates

AGENCY: Office of Governmentwide

Policy, GSA.

ACTION: Final rule.

SUMMARY: This final rule amends the

Federal Travel Regulation (FTR) to

change the maximum per diem rate

prescribed in FTR Amendment 68 (62

FR 63798, December 2, 1997) for El Paso

(El Paso County), Texas.

The General Services Administration

(GSA), after an analysis of additional

data, has determined that the current

lodging allowance for El Paso, Texas

does not adequately reflect the costs of

lodging accommodations near Federal

Government facilities. To provide

adequate per diem reimbursement for

Federal employee travel to El Paso,

Texas, the maximum lodging allowance

is being changed to $78 and the meals

and incidental expenses (M&IE) rate

remains at $34, resulting in a maximum

per diem rate of $112.

EFFECTIVE DATE: This final rule is

effective May 13, 1998, and applies for

travel performed on or after May 13,

1998.

FOR FURTHER INFORMATION CONTACT:

Joddy Garner, General Services

Administration, Travel and

Transportation Management Policy

Division (MTT), Washington, DC 20405,

telephone 202–501–1538.

SUPPLEMENTARY INFORMATION: GSA has

determined that this rule is not a

significant regulatory action for the

purposes of Executive Order 12866 of

September 30, 1993. This final rule is

not required to be published in the

Federal Register for notice and

comment. Therefore, the Regulatory

Flexibility Act does not apply. This rule

is also exempt from Congressional

review prescribed under 5 U.S.C. 801

since it relates solely to agency

management and personnel.

For the reasons set out in the

preamble, under 5 U.S.C. 5701-5709

title 41, Chapter 301 of the Code of

Federal Regulations is revised to read as

follows:

CHAPTER 301—TRAVEL

ALLOWANCES

Appendix A to chapter 301 is

amended by removing the

corresponding lodging, M&IE, and

maximum per diem rates for El Paso,

Texas, and inserting in their places the

following entry:

Appendix A To Chapter 301—

Prescribed Maximum Per Diem Rates

For Conus

* * * * * * *

El Paso El Paso 78 34

112

* * * * * * *

Dated: May 6, 1998.

David J. Barram,

Administrator of General Services.

[FR Doc. 98–12827 Filed 5–12–98; 8:45 am]

BILLING CODE 6820–14–P

CORPORATION FOR NATIONAL AND

COMMUNITY SERVICE

45 CFR Parts 1215 and 2507

RIN 3045–AA16

Freedom of Information Act Regulation

and Implementation of Electronic

Freedom of Information Act

Amendments of 1996

AGENCY: Corporation for National and

Community Service.

ACTION: Final rule.

SUMMARY: The Corporation for National

and Community Service (hereinafter the

‘‘Corporation’’) has revised its

regulations under the Freedom of

Information Act (FOIA). The

Corporation redesignated the existing

regulations under former ACTION’s CFR

chapter as updated regulations under

the Corporation’s CFR chapter. These

procedures facilitate the public’s access

to Corporation records, and implement

the Electronic Freedom of Information

Act Amendments of 1996.

DATES: This final rule is effective June

12, 1998.

FOR FURTHER INFORMATION CONTACT: Bill

Hudson, Corporation FOIA/Privacy Act

Officer, at (202) 606–5000, ext. 265.

SUPPLEMENTARY INFORMATION: The

Corporation published a notice of

proposed rulemaking on March 12, 1998

(63 FR 12068) announcing its intention

to redesignate the existing regulations

under former ACTION’s CFR chapter as

updated regulations under the

Corporation’s CFR chapter. The

functions of the ACTION agency,

including the VISTA and senior

volunteer programs, were transferred to

the Corporation on April 4, 1994. The

Corporation operates under two statutes,

the National and Community Service

Act of 1990, as amended, 42 U.S.C.

12501 et seq., and the Domestic

Volunteer Service Act of 1973, as

amended, 42 U.S.C. 4950 et seq.

The Corporation received only two

comments on this proposed rule. One

comment requested that the Corporation

publish a more detailed index list of

documents available on its internet web

site. The Corporation’s FOIA Officer

will publish a more detailed index list

on its internet web site as additional

types of documents become available on

that site. The other comment was a

request to grant the Corporation’s Office

of Inspector General (OIG) authority to

make the final determination on all

FOIA appeals where the OIG denied the

initial request for any document in its

possession. The Corporation has

determined that its Chief Operating
Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 /Rules and Regulations 26489

Officer (COO) will continue to make the

final determination on all appeals filed

as a result of the OIG’s initial

determination to deny the release of

documents to a FOIA requester.

This final rule redesignates ACTION’s

policy at 45 CFR Chapter XII, Part 1215,

to be revised as 45 CFR Chapter XXV,

Part 2507, and governs the Corporation

as a whole.

Distribution Table

Old 45 CFR part 1215 New 45 CFR part

2507

1215.1 ....................... 2507.1

1215.2 ....................... 2507.2

1215.3 ....................... 2507.3

1214.4 ....................... 2507.4

1215.5 ....................... 2507.5

1215.6 ....................... 2507.6

1215.7 ....................... 2507.7

1215.8 ....................... 2507.8

1215.9 ....................... 2507.9

1215.10 ..................... 2507.10

Appendix 1(A) ........... Appendix A

Appendix 1(B) ........... Appendix B

Regulatory Flexibility Act

The General Counsel, in accordance

with the Regulatory Flexibility Act (5

U.S.C. 606(b)), has reviewed this

regulation and by approving it certifies

that this regulation will not have a

significant economic impact on a

substantial number of small entities.

Under the Freedom of Information Act,

agencies may recover only the direct

costs for searching for, reviewing, and

duplicating the records processed for

requesters. Thus, fees accessed by the

Corporation are nominal. Further, the

‘‘small entities’’ that make FOIA

requests, as compared with individual

requesters and other requesters, are

relatively few in number.

Executive Order 12866

This regulation has been drafted and

reviewed in accordance with Executive

Order 12866. The Office of Management

and Budget has reviewed this rule and

has determined that this rule is not a

‘‘significant regulatory action’’ under

Executive Order 12866, section 3(f),

Regulatory Planning and Review.

Unfunded Mandates Reform Act of

1995

This rule 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 rule is not a major rule as

defined by § 804 of the Small Business

Regulatory Enforcement Fairness Act of

1996. This rule 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 45 CFR Parts 1215

and 2507

Confidential business information,

Freedom of information.

Accordingly, and under the authority

of 42 U.S.C. 12501 et. seq., the

Corporation amends 45 CFR chapters

XII and XXV as follows:

PART 1215—[REDESIGNATED AS

PART 2507]

1. Part 1215 in 45 CFR chapter XII is

redesignated as part 2507 in 45 CFR

chapter XXV and is revised to read as

follows:

PART 2507—PROCEDURES FOR

DISCLOSURE OF RECORDS UNDER

THE FREEDOM OF INFORMATION ACT

Sec.

2507.1 Definitions.

2507.2 What is the purpose of this part?

2507.3 What types of records are available

for disclosure to the public?

2507.4 How are requests for records made?

2507.5 How does the Corporation process

requests for records?

2507.6 Under what circumstances may the

Corporation extend the time limits for an

initial response?

2507.7 How does one appeal the

Corporation’s denial of access to records?

2507.8 How are fees determined?

2507.9 What records will be denied

disclosure under this part?

2507.10 What records are specifically

exempt from disclosure?

2507.11 What are the procedures for the

release of commercial business

information?

2507.12 Authority.

Appendix A to Part 2507—Freedom of

Information Act Request Letter (Sample)

Appendix B to Part 2507—Freedom of

Information Act Appeal for Release of

Information (Sample)

Authority: 42 U.S.C. 12501 et seq.

§ 2507.1 Definitions.

As used in this part, the following

definitions shall apply:

(a) Act means section 552 of Title 5,

United States Code, sometimes referred

to as the ‘‘Freedom of Information Act’’,

and Pub. L. 104–231, 110 Stat. 3048,

sometimes referred to as the ‘‘Electronic

Freedom of Information Act

Amendments of 1996.’’

(b) Agency means any executive

department, military department,

government corporation, or other

establishment in the executive branch of

the Federal Government, or any

independent regulatory agency. Thus,

the Corporation is a Federal agency.

(c) Commercial use request means a

request from, or on behalf of, a person

who seeks information for a use or

purpose that furthers the commercial,

trade, or profit interests of the requester

or the person on whose behalf the

request is made. The use to which the

requester will put the records sought

will be considered in determining

whether the request is a commercial use

request.

(d) Corporation means the

Corporation for National and

Community Service.

(e) Educational institution means a

pre-school, elementary or secondary

school, institution of undergraduate or

graduate higher education, or institution

of professional or vocational education,

which operates a program of scholarly

research.

(f) Electronic data means records and

information (including e-mail) which

are created, stored, and retrievable by

electronic means.

(g) Freedom of Information Act

Officer (FOIA Officer) means the

Corporation official who has been

delegated the authority to make the

initial determination on whether to

release or withhold records, and to

assess, waive, or reduce fees in response

to FOIA requests.

(h) Non-commercial scientific

institution means an institution that is

not operated substantially for purposes

of furthering its own or someone else’s

business trade, or profit interests, and

that is operated for purposes of

conducting scientific research whose

results are not intended to promote any

particular product or industry.

(i) Public interest means the interest

in obtaining official information that

sheds light on an agency’s performance

of its statutory duties because the

information falls within the statutory

purpose of the FOIA to inform citizens

about what their government is doing.

(j) Record includes books, brochures,

electronic mail messages, punch cards,

magnetic tapes, cards, discs, paper

tapes, audio or video recordings, maps,

pamphlets, photographs, slides,

microfilm, and motion pictures, or other

documentary materials, regardless of

physical form or characteristics, made

or received by the Corporation pursuant
26490 Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 /Rules and Regulations

to Federal law or in connection with the

transaction of public business and

preserved by the Corporation as

evidence of the organization, functions,

policies, decisions, procedures,

operations, programs, or other activities.

Record does not include objects or

articles such as tangible exhibits,

models, equipment, or processing

materials; or formulas, designs,

drawings, or other items of valuable

property. Record does not include

books, magazines, pamphlets or other

materials acquired solely for reference

purposes. Record does not include

personal records of an individual not

subject to agency creation or retention

requirements, created and maintained

primarily for the convenience of an

agency employee, and not distributed to

other agency employees for their official

use. Record does not include

information stored within a computer

for which there is no existing computer

program for retrieval of the requested

information. A record must exist and be

in the possession and control of the

Corporation at the time of the request to

be considered subject to this part and

the FOIA. There is no obligation to

create, compile, or obtain a record to

satisfy a FOIA request. See § 2507.5(d)

with respect to creating a record in the

electronic environment.

(k) Representative of the news media

means a person who is actively

gathering information for an entity

organized to publish, broadcast or

otherwise disseminate news to the

public. News media entities include

television and radio broadcasters,

publishers of periodicals who distribute

their products to the general public or

who make their products available for

purchase or subscription by the general

public, and entities that may

disseminate news through other media

(e.g., electronic dissemination of text).

Freelance journalists will be treated as

representatives of a new media entity if

they can show a likelihood of

publication through such an entity. A

publication contract would be the

clearest proof, but the Corporation may

also look to the past publication record

of a requester in making this

determination.

(l) FOIA request means a written

request for Corporation records, made

by any person, including a member of

the public (U.S. or foreign citizen), an

organization, or a business, but not

including a Federal agency, an order

from a court, or a fugitive from the law,

that either explicitly or implicitly

involves the FOIA, or this part. Written

requests may be received by postal

service or by facsimile.

(m) Review means the process of

examining records located in response

to a request to determine whether any

record or portion of a record is

permitted to be withheld. It also

includes processing records for

disclosure (i.e., excising portions not

subject to disclosure under the Act and

otherwise preparing them for release).

Review does not include time spent

resolving legal or policy issues

regarding the application of exemptions

under the Act.

(n) Search means looking for records

or portions of records responsive to a

request. It includes reading and

interpreting a request, and also page-bypage and line-by-line examination to

identify responsive portions of a

document. However, it does not include

line-by-line examination where merely

duplicating the entire page would be a

less expensive and quicker way to

comply with the request.

§ 2507.2 What is the purpose of this part?

The purpose of this part is to

prescribe rules for the inspection and

release of records of the Corporation for

National and Community Service

pursuant to the Freedom of Information

Act (‘‘FOIA’’), 5 U.S.C. 552, as amended.

Information customarily furnished to

the public in the regular course of the

Corporation’s official business, whether

hard copy or electronic records which

are available to the public through an

established distribution system, or

through the Federal Register, the

National Technical Information Service,

or the Internet, may continue to be

furnished without processing under the

provisions of the FOIA or complying

with this part.

§ 2507.3 What types of records are

available for disclosure to the public?

(a) (1) The Corporation will make

available to any member of the public

who requests them, the following

Corporation records:

(i) All publications and other

documents provided by the Corporation

to the public in the normal course of

agency business will continue to be

made available upon request to the

Corporation;

(ii) Final opinions, including

concurring and dissenting opinions, as

well as orders, made in the adjudication

of administrative cases;

(iii) Statements of policy and

interpretation adopted by the agency

and not published in the Federal

Register;

(iv) Administrative staff manuals and

instructions to the staff that affect a

member of the public; and

(v) Copies of all records, regardless of

form or format, which, because of the

nature of their subject matter, the

agency determines have become or are

likely to become the subject of

subsequent requests for substantially the

same records.

(2) Copies of a current index of the

materials in paragraphs (a)(1)(i) through

(v) of this section that are maintained by

the Corporation, or any portion thereof,

will be furnished or made available for

inspection upon request.

(b) To the extent necessary to prevent

a clearly unwarranted invasion of

personal privacy, the Corporation may

delete identifying details from materials

furnished under this part.

(c) Brochures, leaflets, and other

similar published materials shall be

furnished to the public on request to the

extent they are available. Copies of any

such materials which are out of print

shall be furnished to the public at the

cost of duplication, provided, however,

that, in the event no copy exists, the

Corporation shall not be responsible for

reprinting the document.

(d) All records of the Corporation

which are requested by a member of the

public in accordance with the

procedures established in this part shall

be duplicated for the requester, except

to the extent that the Corporation

determines that such records are exempt

from disclosure under the Act.

(e) The Corporation will not be

required to create new records, compile

lists of selected items from its files, or

provide a requester with statistical or

other data (unless such data has been

compiled previously and is available in

the form of a record.)

(f) These records will be made

available for public inspection and

copying in the Corporation’s reading

room located at the Corporation for

National and Community Service, 1201

New York Avenue, NW., Room 8200,

Washington, D.C. 20525, during the

hours of 9:30 a.m. to 4:00 p.m., Monday

through Friday, except on official

holidays.

(g) Corporation records will be made

available to the public unless it is

determined that such records should be

withheld from disclosure under

subsection 552(b) of the Act and or in

accordance with this part.

§ 2507.4 How are requests for records

made?

(a) How made and addressed. (1)

Requests for Corporation records under

the Act must be made in writing, and

can be mailed, hand-delivered, or

received by facsimile, to the FOIA

Officer, Corporation for National and

Community Service, Office of the
Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 /Rules and Regulations 26491

General Counsel, 1201 New York

Avenue, N.W., Room 8200, Washington,

D.C. 20525. (See Appendix A for an

example of a FOIA request.) All such

requests, and the envelopes in which

they are sent, must be plainly marked

‘‘FOIA Request’’. Hand-delivered

requests will be received between 9 a.m.

and 4 p.m., Monday through Friday,

except on official holidays. Although

the Corporation maintains offices

throughout the continental United

States, all FOIA requests must be

submitted to the Corporation’s

Headquarters office in Washington, DC.

(2) Corporation records that are

available in the Corporation’s reading

room will also be made available for

public access through the Corporation’s

‘‘electronic reading room’’ internet site

under ‘‘Resource Links’’. The following

address is the Corporation’s Internet

Web site: http://

www.nationalservice.org.

(b) Request must adequately describe

the records sought. A request must

describe the records sought in sufficient

detail to enable Corporation personnel

to locate the records with reasonable

effort, and without unreasonable burden

to or disruption of Corporation

operations. Among the kinds of

identifying information which a

requester may provide are the following:

(1) The name of the specific program

within the Corporation which may have

produced or may have custody of the

record (e.g., AmeriCorps*State/National

Direct, AmeriCorps*NCCC (National

Civilian Community Corps),

AmeriCorps*VISTA (Volunteers In

Service To America), Learn and Serve

America, National Senior Service Corps

(NSSC), Retired and Senior Volunteer

Program (RSVP), Foster Grandparent

Program (FGP), Senior Companion

Program (SCP), and HUD Hope VI);

(2) The specific event or action, if any,

to which the record pertains;

(3) The date of the record, or an

approximate time period to which it

refers or relates;

(4) The type of record (e.g. contract,

grant or report);

(5) The name(s) of Corporation

personnel who may have prepared or

been referenced in the record; and

(6) Citation to newspapers or other

publications which refer to the record.

(c) Agreement to pay fees. The filing

of a request under this section shall be

deemed to constitute an agreement by

the requester to pay all applicable fees,

up to $25.00, unless a waiver of fees is

sought in the request letter. When filing

a request, a requester may agree to pay

a greater amount, if applicable. (See

§ 2507.8 for further information on fees.)

§ 2507.5 How does the Corporation

process requests for records?

(a) Initial processing. Upon receipt of

a request for agency records, the FOIA

Officer will make an initial

determination as to whether the

requester has reasonably described the

records being sought with sufficient

specificity to determine which

Corporation office may have possession

of the requested records. The office head

or his or her designees shall determine

whether the description of the record(s)

requested is sufficient to permit a

determination as to existence,

identification, and location. It is the

responsibility of the FOIA Officer to

provide guidance and assistance to the

Corporation staff regarding all FOIA

policies and procedures. All requests for

records under the control and

jurisdiction of the Office of the

Inspector General will be forwarded to

the Inspector General, through the FOIA

Officer, for the Corporation’s initial

determination and reply to the

requester.

(b) Insufficiently identified records.

On making a determination that the

description contained in the request

does not reasonably describe the records

being sought, the FOIA Officer shall

promptly advise the requester in writing

or by telephone if possible. The FOIA

Officer shall provide the requester with

appropriate assistance to help the

requester provide any additional

information which would better identify

the record. The requester may submit an

amended request providing the

necessary additional identifying

information. Receipt of an amended

request shall start a new 20 day period

in which the Corporation will respond

to the request.

(c) Furnishing records. The

Corporation is required to furnish only

copies of what it has or can retrieve. It

is not compelled to create new records

or do statistical computations. For

example, the Corporation is not required

to write a new program so that a

computer will print information in a

special format. However, if the

requested information is maintained in

computerized form, and it is possible,

without inconvenience or unreasonable

burden, to produce the information on

paper, the Corporation will do this if

this is the only feasible way to respond

to a request. The Corporation is not

required to perform any research for the

requester. The Corporation reserves the

right to make a decision to conserve

government resources and at the same

time supply the records requested by

consolidating information from various

records rather than duplicating all of

them. For example, if it requires less

time and expense to provide a computer

record as a paper printout rather than in

an electronic medium, the Corporation

will provide the printout. The

Corporation is only required to furnish

one copy of a record.

(d) Format of the disclosure of a

record. The requester, not the

Corporation, will be entitled to choose

the form of disclosure when multiple

forms of a record already exist. Any

further request for a record to be

disclosed in a new form or format will

have to be considered by the

Corporation, on a case-by-case basis, to

determine whether the records are

‘‘readily reproducible’’ in that form or

format with ‘‘reasonable efforts’’ on the

part of the Corporation. The Corporation

shall make reasonable efforts to

maintain its records in forms or formats

that are reproducible for purposes of

replying to a FOIA request.

(e) Release of record. Upon receipt of

a request specifically identifying

existing Corporation records, the

Corporation shall, within 20 days

(excepting Saturdays, Sundays, and

legal public holidays), either grant or

deny the request in whole or in part, as

provided in this section. Any notice of

denial in whole or in part shall require

the FOIA Officer to inform the requester

of his/her right to appeal the denial, in

accordance with the procedures set

forth in § 2507.7. If the FOIA Officer

determines that a request describes a

requested record sufficiently to permit

its identification, he/she shall make it

available unless he/she determines, as

appropriate, to withhold the record as

being exempt from mandatory

disclosure under the Act.

(f) Form and content of notice

granting a request. The Corporation

shall provide written notice of a

determination to grant access within 20

days (excepting Saturdays, Sundays,

and legal public holidays) of receipt of

the request. This will be done either by

providing a copy of the record to the

requester or by making the record

available for inspection at a reasonable

time and place. If the record cannot be

provided at the time of the initial

response, the Corporation shall make

such records available promptly.

Records disclosed in part shall be

marked or annotated to show both the

amount and the location of the

information deleted wherever

practicable.

(g) Form and content of notice

denying request. The Corporation shall

notify the requester in writing of the

denial of access within 20 days

(excepting Saturdays, Sundays, and

legal public holidays) of receipt of the

request. Such notice shall include:
26492 Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 /Rules and Regulations

(1) The name and title or position of

the person responsible for the denial;

(2) A brief statement of the reason(s)

for denial, including the specific

exemption(s) under the Act on which

the Corporation has relied in denying

each document that was requested;

(3) A statement that the denial may be

appealed under § 2507.7, and a

description of the requirements of that

§ 2507.7;

(4) An estimate of the volume of

records or information withheld, in

number of pages or in some other

reasonable form of estimation. This

estimate does not need to be provided

if the volume is otherwise indicated

through deletions on records disclosed

in part, or if providing an estimate

would harm an interest protected by an

applicable exemption.

§ 2507.6 Under what circumstances may

the Corporation extend the time limits for

an initial response?

The time limits specified for the

Corporation’s initial response in

§ 2507.5, and for its determination on an

appeal in § 2507.7, may be extended by

the Corporation upon written notice to

the requester which sets forth the

reasons for such extension and the date

upon which the Corporation will

respond to the request. Such extension

may be applied at either the initial

response stage or the appeal stage, or

both, provided the aggregate of such

extensions shall not exceed ten working

days. Circumstances justifying an

extension under this section may

include the following:

(a) Time necessary to search for and

collect requested records from field

offices of the Corporation;

(b) Time necessary to locate, collect

and review voluminous records; or

(c) Time necessary for consultation

with another agency having an interest

in the request; or among two or more

offices of the Corporation which have an

interest in the request; or with a

submitter of business information

having an interest in the request.

§ 2507.7 How does one appeal the

Corporation’s denial of access to records?

(a) Right of appeal. A requester has

the right to appeal a partial or full

denial of an FOIA request. The appeal

must be put in writing and sent to the

reviewing official identified in the

denial letter. The requester must send

the appeal within 60 days of the letter

denying the appeal.

(b) Contents of appeal. The written

appeal may include as much or as little

information as the requester wishes for

the basis of the appeal.

(c) Review process. The Chief

Operating Officer (COO) is the

designated official to act on all FOIA

appeals. The COO’s determination of an

appeal constitutes the Corporation’s

final action. If the appeal is granted, in

whole or in part, the records will be

made available for inspection or sent to

the requester, promptly, unless a

reasonable delay is justified. If the

appeal is denied, in whole or in part,

the COO will state the reasons for the

decision in writing, providing notice of

the right to judicial review. A decision

will be made on the appeal within 20

days (excepting Saturdays, Sundays,

and legal public holidays), from the date

the appeal was received by the COO.

(d) When appeal is required. If a

requester wishes to seek review by a

court of an unfavorable determination,

an appeal must first be submitted under

this section.

§ 2507.8 How are fees determined?

(a) Policy. It is the policy of the

Corporation to provide the widest

possible access to releasable

Corporation records at the least possible

cost. The purpose of the request is

relevant to the fees charged.

(b) Types of request. Fees will be

determined by category of requests as

follows:

(1) Commercial use requests. When a

request for records is made for

commercial use, charges will be

assessed to cover the costs of searching

for, reviewing for release, and

reproducing the records sought.

(2) Requests for educational and noncommercial scientific institutions. When

a request for records is made by an

educational or non-commercial

scientific institution in furtherance of

scholarly or scientific research,

respectively, charges may be assessed to

cover the cost of reproduction alone,

excluding charges for reproduction of

the first 100 pages. Whenever the total

fee calculated is $18.00 or less, no fee

shall be charged.

(3) Requests from representatives of

the news media. When a request for

records is made by a representative of

the news media for the purpose of news

dissemination, charges may be assessed

to cover the cost of reproduction alone,

excluding the charges for reproduction

of the first 100 pages. Whenever the

total fee calculated is $18.00 or less, no

fee shall be charged.

(4) Other requests. When other

requests for records are made which do

not fit the three preceding categories,

charges will be assessed to cover the

costs of searching for and reproducing

the records sought, excluding charges

for the first two hours of search time

and for reproduction of the first 100

pages. (However, requests from

individuals for records about

themselves contained in the Agency’s

systems of records will be treated under

the fee provisions of the Privacy Act of

1974 (5 U.S.C. 552a) which permit the

assessment of fees for reproduction

costs only, regardless of the requester’s

characterization of the request.)

Whenever the total fee calculated is

$18.00 or less, no fee shall be charged

to the requester.

(c) Direct costs. Fees assessed shall

provide only for recovery of the

Corporation’s direct costs of search,

review, and reproduction. Review costs

shall include only the direct costs

incurred during the initial examination

of a record for the purposes of

determining whether a record must be

disclosed under this part and whether

any portion of a record is exempt from

disclosure under this part. Review costs

shall not include any costs incurred in

resolving legal or policy issues raised in

the course of processing a request or an

appeal under this part.

(d) Charging of fees. The following

charges may be assessed for copies of

records provided to a requester:

(1) Copies made by photostat shall be

charged at the rate of $0.10 per page.

(2) Searches for requested records

performed by clerical/administrative

personnel shall be charged at the rate of

$4.00 per quarter hour.

(3) Where a search for requested

records cannot be performed by clerical

administrative personnel (for example,

where the tasks of identifying and

compiling records responsive to a

request must be performed by a skilled

technician or professional), such search

shall be charged at the rate of $7.00 per

quarter hour.

(4) Where the time of managerial

personnel is required, the fee shall be

$10.25 for each quarter hour of time

spent by such managerial personnel.

(5) Computer searches for requested

records shall be charged at a rate

commensurate with the combined cost

of computer operation and operator’s

salary attributable to the search.

(6) Charges for non-release. Charges

may be assessed for search and review

time, even if the Corporation fails to

locate records responsive to a request or

if records located are determined to be

exempt from disclosure.

(e) Consent to pay fees. In the event

that a request for records does not state

that the requester will pay all reasonable

costs, or costs up to a specified dollar

amount, and the FOIA Officer

determines that the anticipated

assessable costs for search, review and

reproduction of requested records will

exceed $25.00, or will exceed the limit

specified in the request, the requester
Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 /Rules and Regulations 26493

shall be promptly notified in writing.

Such notification shall state the

anticipated assessable costs of search,

review and reproduction of records

requested. The requester shall be

afforded an opportunity to amend the

request to narrow the scope of the

request, or, alternatively, may agree to

be responsible for paying the

anticipated costs. Such a request shall

be deemed to have been received by the

Corporation upon the date of receipt of

the amended request.

(f) Advance payment. (1) Advance

payment of assessable fees are not

required from a requester unless:

(i) The Corporation estimates or

determines that assessable charges are

likely to exceed $250.00, and the

requester has no history of payment of

FOIA fees. (Where the requester has a

history of prompt payment of fees, the

Corporation shall notify the requester of

the likely cost and obtain written

assurance of full payment.)

(ii) A requester has previously failed

to pay a FOIA fee charged in a timely

fashion (i.e., within 30 days of the date

of the billing).

(2) When the Corporation acts under

paragraphs (f)(1)(i) or (ii) of this section,

the administrative time limits

prescribed in § 2507.5(a) and (b) will

begin to run only after the Corporation

has received fee payments or

assurances.

(g) Interest on non-payment. Interest

charges on an unpaid bill may be

assessed starting on the 31st day

following the day on which the billing

was sent. Interest will be assessed at the

rate prescribed in 31 U.S.C. 3717 and

will accrue from the date of the billing.

The Corporation may use the

authorization of the Debt Collection Act

of 1982 (Pub. L. 97–365, 96 Stat. 1749),

as amended, and its administrative

procedures, including disclosure to

consumer reporting agencies and the

use of collection agencies, to encourage

payment of delinquent fees.

(h) Aggregating requests. Where the

Corporation reasonably believes that a

requester or a group of requesters acting

together is attempting to divide a

request into a series of requests for the

purpose of avoiding fees, the

Corporation may aggregate those

requests and charge accordingly. The

Corporation may presume that multiple

requests of this type made within a 30-

day period have been made in order to

avoid fees. Where requests are separated

by a longer period, the Corporation will

aggregate them only where there exists

a solid basis for determining that

aggregation is warranted under the

circumstances involved. Multiple

requests involving unrelated matters

will not be aggregated.

(i) Making payment. Payment of fees

shall be forwarded to the FOIA Officer

by check or money order payable to

‘‘Corporation for National and

Community Service’’. A receipt for any

fees paid will be provided upon written

request.

(j) Fee processing. No fee shall be

charged if the administrative costs of

collection and processing of such fees

are equal to or do not exceed the

amount of the fee.

(k) Waiver or reduction of fees. A

requester may, in the original request, or

subsequently, apply for a waiver or

reduction of document search, review

and reproduction fees. Such application

shall be in writing, and shall set forth

in detail the reason(s) a fee waiver or

reduction should be granted. The

amount of any reduction requested shall

be specified in the request. Upon receipt

of such a request, the FOIA Officer will

determine whether a fee waiver or

reduction should be granted.

(1) A waiver or reduction of fees shall

be granted only if release of the

requested information to the requester is

in the public interest because it is likely

to contribute significantly to public

understanding of the operations or

activities of the Corporation, and it is

not primarily in the commercial interest

of the requester. The Corporation shall

consider the following factors in

determining whether a waiver or

reduction of fees will be granted:

(i) Does the requested information

concern the operations or activities of

the Corporation?

(ii) If so, will disclosure of the

information be likely to contribute to

public understanding of the

Corporation’s operations and activities?

(iii) If so, would such a contribution

be significant?

(iv) Does the requester have a

commercial interest that would be

furthered by disclosure of the

information?

(v) If so, is the magnitude of the

identified commercial interest of the

requester sufficiently large, in

comparison with the public interest in

disclosure, that disclosure is primarily

in the commercial interest of the

requester?

(2) In applying the criteria in

paragraph (k)(1) of this section, the

Corporation will weigh the requester’s

commercial interest against any public

interest in disclosure. Where there is a

public interest in disclosure, and that

interest can fairly be regarded as being

of greater magnitude than the

requester’s commercial interest, a fee

waiver or reduction may be granted.

(3) When a fee waiver application has

been included in a request for records,

the request shall not be considered

officially received until a determination

is made regarding the fee waiver

application. Such determination shall

be made within five working days from

the date any such request is received in

writing by the Corporation.

§ 2507.9 What records will be denied

disclosure under this part?

Since the policy of the Corporation is

to make the maximum amount of

information available to the public

consistent with its other

responsibilities, written requests for a

Corporation record made under the

provisions of the FOIA may be denied

when:

(a) The record is subject to one or

more of the exemptions of the FOIA.

(b) The record has not been described

clearly enough to enable the

Corporation staff to locate it within a

reasonable amount of effort by an

employee familiar with the files.

(c) The requestor has failed to comply

with the procedural requirements,

including the agreement to pay any

required fee.

(d) For other reasons as required by

law, rule, regulation or policy.

§ 2507.10 What records are specifically

exempt from disclosure?

Any reasonably segregable portion of

a record shall be provided to any person

requesting such record after deletion of

portions which are exempt under this

section. The following categories are

examples of records maintained by the

Corporation which, under the provision

of 5 U.S.C. 552(b), are exempted from

disclosure:

(a) Records required to be withheld

under criteria established by an

Executive Order in the interest of

national defense and policy and which

are in fact properly classified pursuant

to any such Executive Order. Included

in this category are records required by

Executive Order No. 12958 (3 CFR, 1995

Comp., p. 333), as amended, to be

classified in the interest of national

defense or foreign policy.

(b) Records related solely to internal

personnel rules and practices. Included

in this category are internal rules and

regulations relating to personnel

management operations which cannot

be disclosed to the public without

substantial prejudice to the effective

performance of significant functions of

the Corporation.

(c) Records specifically exempted

from disclosure by statute.

(d) Information of a commercial or

financial nature including trade secrets
26494 Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 /Rules and Regulations

given in confidence. Included in this

category are records containing

commercial or financial information

obtained from any person and

customarily regarded as privileged and

confidential by the person from whom

they were obtained.

(e) Interagency or intra-agency

memoranda or letters which would not

be available by law to a party other than

a party in litigation with the

Corporation. Included in this category

are memoranda, letters, inter-agency

and intra-agency communications and

internal drafts, opinions and

interpretations prepared by staff or

consultants and records meant to be

used as part of deliberations by staff, or

ordinarily used in arriving at policy

determinations and decisions.

(f) Personnel, medical and similar

files. Included in this category are

personnel and medical information files

of staff, individual national service

applicants and participants, lists of

names and home addresses, and other

files or material containing private or

personal information, the public

disclosure of which would amount to a

clearly unwarranted invasion of the

privacy of any person to whom the

information pertains.

(g) Investigatory files. Included in this

category are files compiled for the

enforcement of all laws, or prepared in

connection with government litigation

and adjudicative proceedings, provided

however, that such records shall be

made available to the extent that their

production will not:

(1) Interfere with enforcement

proceedings;

(2) Deprive a person of a right to a fair

trial or an impartial adjudication;

(3) Constitute an unwarranted

invasion of personal privacy;

(4) Disclose the identity of a

confidential source, and in the case of

a record compiled by a criminal law

enforcement authority in the course of

a criminal investigation, or by an agency

conducting a lawful security

intelligence investigation, confidential

information furnished by confidential

source;

(5) Disclose investigative techniques

and procedures; or

(6) Endanger the life or physical safety

of law enforcement personnel.

§ 2507.11 What are the procedures for the

release of commercial business

information?

(a) Notification of business submitter.

The Corporation shall promptly notify a

business submitter of any request for

Corporation records containing business

information. The notice shall either

specifically describe the nature of the

business information requested or

provide copies of the records, or

portions thereof containing the business

information.

(b) Business submitter reply. The

Corporation shall afford a business

submitter 10 working days to object to

disclosure, and to provide the

Corporation with a written statement

specifying the grounds and arguments

why the information should be withheld

under Exemption (b)(4) of the Act.

(c) Considering and balancing

respective interests. (1) The Corporation

shall carefully consider and balance the

business submitter’s objections and

specific grounds for nondisclosure

against such factors as:

(i) The general custom or usage in the

occupation or business to which the

information relates that it be held

confidential; and

(ii) The number and situation of the

individuals who have access to such

information; and

(iii) The type and degree of risk of

financial injury to be expected if

disclosure occurs; and

(iv) The length of time such

information should be regarded as

retaining the characteristics noted in

paragraphs (c)(1) (i) through (iii) of this

section in determining whether to

release the requested business

information.

(2)(i) Whenever the Corporation

decides to disclose business information

over the objection of a business

submitter, the Corporation shall forward

to the business submitter a written

notice of such decision, which shall

include:

(A) The name, and title or position, of

the person responsible for denying the

submitter’s objection;

(B) A statement of the reasons why

the business submitter’s objection was

not sustained;

(C) A description of the business

information to be disclosed; and

(D) A specific disclosure date.

(ii) The notice of intent to disclose

business information shall be mailed by

the Corporation not less than six

working days prior to the date upon

which disclosure will occur, with a

copy of such notice to the requester.

(d) When notice to business submitter

is not required. The notice to business

submitter shall not apply if:

(1) The Corporation determines that

the information shall not be disclosed;

(2) The information has previously

been published or otherwise lawfully

been made available to the public; or

(3) Disclosure of the information is

required by law (other than 5 U.S.C.

552).

(e) Notice of suit for release.

Whenever a requester brings suit to

compel disclosure of business

information, the Corporation shall

promptly notify the business submitter.

§ 2507.12 Authority.

The Corporation receives authority to

change its governing regulations from

the National and Community Service

Act of 1990, as amended (42 U.S.C.

12501 et seq.).

Appendix A to Part 2507—Freedom of

Information Act Request Letter

(Sample)

Freedom of Information Act Officer llll

Name of Agency lllllllllllll

Address of Agency llllllllllll

City, State, Zip Code lllllllllll

Re: Freedom of Information Act Request.

Dearllll: This is a request under the

Freedom of Information Act.

I request that a copy of the following

documents [or documents containing the

following information] be provided to me:

[identify the documents or information as

specifically as possible].

[Sample requester descriptions]

—A representative of the news media

affiliated with the llll newspaper

(magazine, television station, etc.) and this

request is made as part of news gathering and

not for commercial use.

—Affiliated with an educational or noncommercial scientific institution, and this

request is not for commercial use.

—An individual seeking information for

personal use and not for commercial use.

—Affiliated with a private corporation and

am seeking information for use in the

company’s business.

[Optional] I am willing to pay fees for this

request up to a maximum of $llll. If you

estimate that the fees will exceed this limit,

please inform me first.

[Optional] I request a waiver of all fees for

this request. Disclosure of the requested

information to me is in the public interest

because it is likely to contribute significantly

to public understanding of the operations or

activities of government and is not primarily

in my commercial interest. [Include a

specific explanation.]

In order to help you determine my status

to assess fees, you should know that I am

(insert a suitable description of the requester

and the purpose of the request).

Thank you for your consideration of this

request.

Sincerely,

Name llllllllllllllllll

Address llllllllllllllll

City, State, Zip Code lllllllllll

Telephone Number [Optional] llllll

Appendix B to Part 2507—Freedom of

Information Act Appeal for Release of

Information (Sample)

Appeal Officer lllllllllllll

Name of Agency lllllllllllll

Address of Agency llllllllllll

City, State, Zip Code lllllllllll

Re: Freedom of Information Act Appeal.
Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 /Rules and Regulations 26495

1 Implementation of the Pay Telephone

Reclassification and Compensation Provisions of

the Telecommunications Act of 1996, Memorandum

Opinion and Order, DA 98–642 (rel. Apr. 3, 1998)

(‘‘Per-phone Compensation Waiver Order’’).

2 Implementation of the Pay Telephone

Reclassification and Compensation Provisions of

the Telecommunications Act of 1996, CC Docket

No. 96–128, Report and Order, 61 FR 52307

(October 7, 1996) (‘‘Report and Order’’); Order on

Reconsideration, 61 FR 65341 (December 12, 1996)

(‘‘Order on Reconsideration’’) (together the

‘‘Payphone Orders’’). The Payphone Orders were

affirmed in part and vacated in part. See Illinois

Public Telecomm. Ass’n v. FCC, 117 F.3d 555 (D.C.

Cir. 1997) (‘‘Illinois Public Telecomm.’’); see also

Second Report and Order, 13 FCC Rcd 1778 (1997)

(‘‘Second Report and Order’’), pets. for recon.

pending, review pending, MCI Telecomm. Corp. v.

FCC, D.C. Circuit No. 97–1675 (filed Nov. 7, 1997);

Sprint Corp. v. FCC, D.C. Circuit No. 97–1685 (filed

Nov. 13, 1997); Personal Communications Industry

Association v. FCC, D.C. Circuit No. 97–1709 (filed

Dec. 1, 1997); Illinois Public Telecommunications

Association v. FCC, D.C. Circuit No. 97–1713 (filed

Dec. 3, 1997).

3Payphone-specific coding digits provide a

method for LECs to transmit, with the automatic

number identification (ANI), information (coding

number or digits) identifying a call as having been

placed specifically from a payphone. Order on

Reconsideration, 11 FCC Rcd 21,265–66, para. 64.

See Implementation of the Pay Telephone

Reclassification and Compensation Provisions of

the Telecommunications Act of 1996, Memorandum

Opinion and Order, CC Docket No. 96–128, DA 98–

481 (rel. Mar. 9, 1998) 63 FR 20534 (April 27, 1998)

(‘‘Bureau Coding Digit Waiver Order’’).

4For purposes of paying compensation for

compensable calls and other associated obligations,

such as tracking calls, we note that the term ‘‘IXC’’

includes an LEC when it provides interstate,

intraLATA toll service. See Report and Order, 61 FR

52307 (October 7, 1996); Order on Reconsideration,

11 FCC Rcd at 21,270, paras. 74–75 & 21,278, para.

92. Carriers required to pay per-call compensation

pursuant to the Payphone Orders also are referred

to as ‘‘payors’’ in this order.

Dearllll: This is an appeal under the

Freedom of Information Act.

On (date), I requested documents under the

Freedom of Information Act. My request was

assigned the following identification number

llll. On (date), I received a response to

my request in a letter signed by (name of

official). I appeal the denial of my request.

[Optional] The documents that were

withheld must be disclosed under the FOIA

because * * *.

[Optional] Respond for waiver of fees. I

appeal the decision to deny my request for

a waiver of fees. I believe that I am entitled

to a waiver of fees. Disclosure of the

documents I requested is in the public

interest because the information is likely to

contribute significantly to public

understanding of the operation or activities

of government and is not primarily in my

commercial interest. (Provide details)

[Optional] I appeal the decision to require

me to pay review costs for this request. I am

not seeking the documents for a commercial

use. (Provide details)

(Optional] I appeal the decision to require

me to pay search charges for this request. I

am a reporter seeking information as part of

news gathering and not for commercial use.

Thank you for your consideration of this

appeal.

Sincerely,

Name llllllllllllllllll

Address llllllllllllllll

City, State, Zip Code lllllllllll

Telephone Number [Optional] llllll

Dated: May 8, 1998.

Kenneth L. Klothen,

General Counsel.

[FR Doc. 98–12650 Filed 5–12–98; 8:45 am]

BILLING CODE 6050–28–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 69

[CC Docket 96–128; DA 98–701]

Implementation of the Pay Telephone

Reclassification and Compensation

Provisions of the Telecommunications

Act of 1996; AT&T Request for Limited

Waiver of the Per-Call Compensation

Obligation

AGENCY: Federal Communications

Commission.

ACTION: Final rule; clarification and

waivers.

SUMMARY: The Common Carrier Bureau

adopted an Order (‘‘Order’’), which

clarifies certain requirements set forth

in the Per-phone Compensation Waiver

Order. The Order clarifies the following:

the data to be used for the payment of

payphone compensation for the fourth

quarter of 1997 and first quarter of 1998

for payphones that are not capable of

providing payphone-specific coding

digits; the method for allocating among

payors the payphone compensation

requirements for payphones served by

non-equal access switches; and the

eligibility of payphones on automatic

number identification (‘‘ANI’’) lists.

DATES: Effective April 10, 1998.

FOR FURTHER INFORMATION CONTACT: Rose

Crellin, Formal Complaints and

Investigations Branch, Enforcement

Division, Common Carrier Bureau, (202)

418–0960.

SUPPLEMENTARY INFORMATION: This is a

summary of the Bureau’s Order in CC

Docket No. 96–128 [DA 98–701],

adopted on April 10, 1998, and released

on April 10, 1998. The full text of the

Order is available for inspection and

copying during normal business hours

in the FCC Reference Center, Room 239,

1919 M Street, N.W., Washington, D.C.

The complete text of this decision also

may be purchased from the

Commission’s duplicating contractor,

International Transcription Services,

1231 20th Street, N.W., Washington,

D.C. 20036.

SUMMARY OF ORDER

Introduction

1. In the Order, the Bureau clarifies

certain requirements set forth in the Perphone Compensation Waiver Order,1

published elsewhere in this issue of the

Federal Register, which was adopted on

April 3, 1998, by the Common Carrier

Bureau (‘‘Bureau’’). The Per-phone

Compensation Waiver Order granted

interexchange carriers (‘‘IXCs’’) a

limited waiver of the payphone

compensation requirements set forth in

the Payphone Orders 2 to enable IXCs to

pay to payphone service providers

(‘‘PSPs’’) per-phone instead of per-call

compensation for subscriber 800 and

access code calls originated from

payphones when payphone-specific

coding digits 3 are not available from

those payphones. The Bureau’s Order

clarifies the following: (1) The data to be

used for the payment of payphone

compensation for the fourth quarter of

1997 and first quarter of 1998 for

payphones that are not capable of

providing payphone-specific coding

digits; (2) the method for allocating

among payors the payphone

compensation requirements for

payphones served by non-equal access

switches; and (3) the eligibility of

payphones on automatic number

identification (‘‘ANI’’) lists.

II. Background

2. In the Per-phone Compensation

Waiver Order, the Bureau concluded

that the waiver granted therein to allow

IXCs to pay per-phone compensation

when payphone-specific coding digits

are not available from a payphone is

necessary to ensure that PSPs receive

fair compensation while local exchange

carriers (‘‘LECs’’), PSPs, and IXCs

transition to providing and receiving

payphone-specific coding digits to

identify calls from payphones.

3. Previously, the Bureau had adopted

the Bureau Coding Digit Waiver Order

clarifying the payphone-specific coding

digit requirements set forth in the

Payphone Orders and granting limited

waivers of the requirement that LECs

provide payphone-specific-coding digits

to PSPs, and that PSPs provide

payphone-specific coding digits from

their payphones to IXCs, before PSPs

can receive per-call compensation from

IXCs for subscriber 800 and access code

calls. The Bureau explained in the Perphone Compensation Waiver Order that

the order serves as a companion order

to the Bureau Coding Digit Waiver

Order, because in the Per-phone

Compensation Waiver Order, the Bureau

granted IXCs 4 a waiver of the per-call

compensation requirement so they may

pay per-phone instead of per-call