Federal Register / Vol. 63, No. 140 /Wednesday, July 22, 1998 / Proposed Rules 39263

Federal Register the time and place of

any public meetings. Oral statements

will be scheduled on a first come first

serve basis by calling the telephone

number listed in the Federal Register

notice that announces these meetings.

All statements will be made part of the

public record and will be considered in

the development of the final rule.

FOR FURTHER INFORMATION CONTACT: For

general information contact: National

Lead Information Center’s

Clearinghouse, 1–800–424–LEAD(5323).

For technical and policy questions

contact: Jonathan Jacobson, (202) 260–

3779;

jacobson.jonathan@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of June 3, 1998 (63 FR

30302)(FRL–5791–9), EPA issued a

proposed rule under Title IV of the

Toxic Substances Control Act

(TSCA)(15 U.S.C. 2683, 2682, and 2684).

Section 403 of TSCA directs EPA to

promulgate regulations identifying leadbased paint hazards, lead-contaminated

dust, and lead-contaminated soil.

Section 402 of TSCA directs EPA to

promulgate regulations governing leadbased paint activities. Section 404 of

TSCA requires that any State that seeks

to administer and enforce the

requirements established by the Agency

under section 402 of TSCA must submit

to the Administrator a request for

authorization of such a program. The

proposed rule provided for a 90–day

public comment period. In response to

requests by interested parties, EPA is

extending the comment period on its

proposed rule by 30 days. Comments

must now be received by October 1,

1998.

List of Subjects in 40 CFR Part 745

Environmental protection, Hazardous

substances, Lead-based paint, Lead

poisoning, Reporting and recordkeeping

requirements.

Dated: July 15, 1998.

Willliam H. Sanders,

Director, Office of Pollution Prevention and

Toxics.

[FR Doc. 98–19521 Filed 7–21–98; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL MARITIME COMMISSION

46 CFR Part 503

[Docket No. 98–11]

Availability of Records to the Public—

Electronic Freedom of Information Act

AGENCY: Federal Maritime Commission.

ACTION: Notice of Proposed Rulemaking.

SUMMARY: The Federal Maritime

Commission proposes to revise its

regulations on public access to

Commission records, materials, and

information in order to clarify existing

rules, provide information concerning

the electronic availability of information

and records, and to incorporate the

requirements of the Electronic Freedom

of Information Act Amendments of

1996.

DATES: Submit comments on or before

August 21, 1998.

ADDRESSES: Address all comments

concerning this proposed rule to: Joseph

C. Polking, Secretary, Federal Maritime

Commission, 800 North Capitol St., NW,

Room 1046, Washington, DC 20573–

0001.

FOR FURTHER INFORMATION CONTACT:

Joseph C. Polking, Secretary, Federal

Maritime Commission, 800 North

Capitol St., NW, Room 1046,

Washington, DC 20573–0001, (202) 523–

5725, E-mail: secretary@fmc.gov.

SUPPLEMENTARY INFORMATION: The

Electronic Freedom of Information Act

Amendments of 1996 (‘‘EFOIA’’) Pub. L.

104–231, 110 Stat. 3408, provides for

the availability of government records

maintained in electronic form, and

encourages the use of new technology to

enhance public access to government

information. It also provides for more

time and greater flexibility in the

processing of requests for information

under the Freedom of Information Act

(‘‘FOIA’’), 5 U.S.C. 552. The

Commission’s rules at 46 CFR 503,

subparts C and D, govern the availability

of Commission records and procedures

for requesting information under the

FOIA. The Commission now proposes to

update those subparts to reflect the

changes made by EFOIA. In addition,

modifications are proposed to clarify

and reorganize the subparts.

Clarification and Reorganization of

Subparts C and D

The proposed rule would reorganize

subparts C and D. Subpart C currently

identifies records that are required by

FOIA to be made available for public

inspection and copying, and for which

a FOIA request is not required. Subpart

D also contains procedures for obtaining

records without resort to a FOIA

request, as well as procedures for

requesting records pursuant to FOIA.

Under the proposed rule subpart C

would concern itself with information

that is made available without requiring

a FOIA request, while subpart D is

confined to procedures for obtaining

information through a FOIA request.

The proposed rule also changes

subpart and section headings where

doing so is more descriptive. In various

places throughout the text of the

proposed rule, ‘‘the Secretary’’ is

substituted for ‘‘the Commission’’ in

order to specify which Commission

official has responsibility for a function

and should be contacted. Also added

throughout the proposed rule are cross

references to the Commission’s fee

provisions, to make the fees for a service

easier to find.

Proposed Subpart C

Proposed subpart C would consist of

four sections, each listing materials

available and how they can be accessed.

Proposed section 503.21, Mandatory

public records, consists of the current

§ 503.21, with some minor language

changes and additions. Proposed

§ 503.21(a)(4), is new, and incorporates

EFOIA’s requirement that the

Commission make available certain

records which are potentially subject to

subsequent requests and an index of

such records. EFOIA’s requirement that

the extent of certain deletions be

indicated on released records would be

added in § 503.21(b). Proposed

§ 503.21(c) combines current §§ 503.22

and 503.23.

Proposed § 503.22 names those

records available from the Secretary

without prior request and relocates

current § 503.31. The proposed rule

would relocate and reorganize this

section for ease of reading and to avoid

duplication.

Proposed § 503.23 names those

records generally available from the

Secretary only upon prior written

request and is substantively similar to

current § 503.32, but adds a cross

reference to applicable Commission

rules regarding access to tariffs.

Proposed § 503.24, Information

available on the web site, is new and

contains a list of Commission materials

found on the Commission’s Internet

home page. Addition of this section

would effectuate one of the main stated

purposes of EFOIA, i.e., to encourage

the use of electronic

telecommunications.

Proposed Subpart D

Proposed subpart D is renamed to

read ‘‘Requests for records under the

Freedom of Information Act.’’ In

addition to incorporating changes made

by EFOIA, some paragraphs of subpart

D are revised, reorganized, and renamed

for clarification.

Proposed § 503.31 is substantively the

same as current § 503.33 and describes

generally the FOIA request process, but

adds a provision that the Commission

will make records available in any form
39264 Federal Register / Vol. 63, No. 140 /Wednesday, July 22, 1998 / Proposed Rules

or format requested, if they are readily

reproducible in that format.

Proposed § 503.32 tracks current

section § 503.34 and describes the

procedures to be followed in responding

to FOIA requests. It contains the

following additions:

1. Proposed paragraph (a)(1) extends

to twenty (20) working days the time

allowed to determine whether to grant

a request, in conformity with EFOIA.

2. Proposed paragraph (a)(2) adds the

requirement that notifications of denial

of a request generally inform the

requestor of the volume of records

denied and identify those responsible

for the denial.

3. Proposed paragraph (a)(3) clarifies

existing language to simply allow a

requestor ten (10) working days in

which to appeal the denial of a request

for records, rather than the current

provision that provides for a reasonable

time up to ten working days.

4. Proposed paragraph (b)(3) is a new

provision that incorporates provisions

in EFOIA that a requestor may be

provided the opportunity to limit the

scope of a request so that it can be

processed faster.

5. Proposed paragraph (c) is also new

and incorporates EFOIA provisions that

allow the aggregation of separate

requests that involve related matters.

6. Proposed new paragraphs (d) and

(e) incorporate EFOIA provisions that

allow the promulgation of regulations

that provide for multitrack processing of

requests and expedited processing of

requests.

Proposed § 503.33, Exceptions to the

availability of records, is current

§ 503.35, as modified to reflect current

statutory requirements, including the

addition of new paragraph (c) which is

added to incorporate EFOIA’s

requirements that partial deletions of

exempted records generally indicate the

amount of information deleted on the

released portion of the record.

Proposed § 503.34 sets forth new

provisions governing the Commission’s

annual report, as required by EFOIA.

This rule is not a significant

regulatory action as defined by

Executive Order 12886, Regulatory

Planning and Review, and therefore, is

not subject to review by the Office of

Information and Regulatory Affairs, in

the Office of Management and Budget.

This rule concerns internal

administrative procedures for making

information available to the public, and,

accordingly, the Chairman certifies that

this rule will not have a significant

economic impact on a substantial

number of small entities.

The proposed rule contains no

additional information collection or

record keeping requirement. Therefore,

the requirements of the Paperwork

Reduction Act, 44 U.S.C. 1305 et seq. do

not apply.

List of Subjects in 46 CFR Part 503

Classified information, Freedom of

information, Privacy, Sunshine Act. For

the reasons set out in the preamble, the

Commission proposes to amend 46 CFR

503 as follows:

PART 503—PUBLIC INFORMATION

1. The authority citation for part 503

is revised to read as follows:

Authority: 5 U.S.C. 552, 552a, 552b, 553;

31 U.S.C. 9701; E.O. 12958 of April 20, 1995

(60 FR 19825), sections 5.2 (a) and (b).

2. Revise subparts C and D of Part 503

to read as follows:

Subpart C—Records, Information and

Materials Generally Available to the Public

Without Resort to Freedom of Information

Act Procedures

Sec.

503.21 Mandatory public records.

503.22 Records available at the Office of the

Secretary.

503.23 Records available upon written

request.

503.24 Information available via the

internet.

Subpart C—Records, Information and

Materials Generally Available to the

Public Without Resort to Freedom of

Information Act Procedures

§ 503.21 Mandatory public records.

(a) The Commission, as required by

the Freedom of Information Act, 5

U.S.C. 552, shall make the following

materials available for public inspection

and copying:

(1) Final opinions (including

concurring and dissenting opinions) and

all orders made in the adjudication of

cases.

(2) Those statements of policy and

interpretations which have been

adopted by the Commission.

(3) Administrative staff manuals and

instructions to staff that affect any

member of the public.

(4) Copies of all records, regardless of

form or format, which have been

released to any person pursuant to a

Freedom of Information Act request,

and which the Secretary determines

have become or are likely to become the

subject of subsequent requests for

substantially the same records, and a

general index of such records.

(b) To prevent unwarranted invasion

of personal privacy, the Secretary may

delete identifying details when it makes

available or publishes an opinion,

statement of policy, interpretation, staff

manual, instruction, or copies of records

referred to in paragraph (a)(4) of this

section. In each case, the justification

for the deletion shall be explained fully

in writing, and the extent of such

deletion shall be indicated on that

portion of the record which is made

available or published, unless including

that indication would harm an interest

protected by an exemption in § 503.33

under which the deletion is made. If

technically feasible, the extent of the

deletion shall be indicated at the place

in the record where the deletion was

made.

(c) The Commission maintains and

makes available for public inspection

and copying a current index providing

identifying information for the public as

to any matter which is issued, adopted,

or promulgated, and which is required

by paragraph (a) of this section to be

made available or published.

(1) The index shall be available at the

Office of the Secretary, Federal

Maritime Commission, Washington, DC

20573. Publication of such indices has

been determined by the Commission to

be unnecessary and impracticable. The

indices shall, nonetheless, be provided

to any member of the public at a cost

not in excess of the direct cost of

duplication of any such index upon

request therefor.

(2) No final order, opinion, statement

of policy, interpretation, or staff manual

or instruction that affects any member of

the public will be relied upon, used, or

cited as precedent by the Commission

against any private party unless:

(i) It has been indexed and either

made available or published as provided

by this subpart; or

(ii) That private party shall have

actual and timely notice of the terms

thereof.

(d) Duplication of records may be

subject to fees as prescribed in subpart

E of this part.

§ 503.22 Records available at the Office of

the Secretary.

(a) The following records will be

made available for inspection and

copying at the Office of the Secretary,

Federal Maritime Commission, 800

North Capitol St., NW, Washington, DC

20573, without the requirement of a

written request. Access to requested

records may be delayed if they have

been sent to archives.

(1) Proposed and final rules and

regulations of the Commission

including general substantive rules,

statements of policy and interpretations,

and rules of practice and procedure.

(2) Reports of decisions (including

concurring and dissenting opinions),
Federal Register / Vol. 63, No. 140 /Wednesday, July 22, 1998 / Proposed Rules 39265

orders and notices in all formal

proceedings.

(3) Official docket files in all formal

proceedings including, but not limited

to, orders, notices, pertinent

correspondence, transcripts, exhibits,

and briefs, except for materials which

are the subject of a protective order.

Copies of transcripts may only be

available from the reporting company

contracted by the Commission. Contact

the Office of the Secretary for the name

and address of this company.

(4) News releases.

(5) Approved summary minutes of

Commission actions showing final

votes, except for minutes of closed

Commission meetings which are not

available until the Commission publicly

announces the results of such

deliberations.

(6) Annual reports of the Commission.

(b) Certain fees may be assessed for

duplication of records made available

by this section as prescribed in subpart

E of this part and in part 514 of this

chapter.

§ 503.23 Records available upon written

request.

(a) The following Commission records

are generally available for inspection

and copying, without resort to Freedom

of Information Act procedures, upon

request in writing addressed to the

Office of the Secretary, Federal

Maritime Commission, Washington,

D.C. 20573:

(1) Agreements filed and in effect

pursuant to sections 5 and 6 of the

Shipping Act of 1984.

(2) Agreements filed under section 5

of the Shipping Act of 1984 which have

been noticed in the Federal Register.

(3) Tariffs filed under the provisions

of the Shipping Act of 1984, and

terminal tariffs filed pursuant to part

514 of this chapter, under the

procedures set forth in § 514.20(c) or

§ 514.8(k).

(4) List of certifications of financial

responsibility pertaining to Pub. L. 89–

777.

(5) List of licensed ocean freight

forwarders.

(b) Certain fees may be assessed for

duplication of records made available

by this section as prescribed in subpart

E of this part and in part 514 of this

chapter.

§ 503.24 Information available via the

internet.

(a) The Commission maintains an

internet web site. The Commission

home page may be found at http://

www.fmc.gov.

(b) The following general information,

records, and resources are accessible

through the home page:

(1) General descriptions of the

functions, bureaus, and offices of the

Commission, phone numbers and e-mail

addresses for Commission officials, as

well as locations of Area

Representatives;

(2) Information about filing

complaints;

(3) Commonly used forms;

(4) A public information handbook

describing the types of information

available from the Commission and how

to access such information;

(5) A Freedom of Information Act

Electronic Reading Room which

contains:

(i) Copies of final decisions in

adjudicatory proceedings issued since

November 1, 1996;

(ii) Recently issued final rules and

pending proposed rules;

(iii) Access to statements of policy

and interpretations as published in 46

CFR 571; and

(iv) Records created by the

Commission since November 1, 1996,

and made available under § 503.21,

paragraph (a)(4).

(6) Commission regulations as

codified in Title 46 of the Code of

Federal Regulations;

(7) News releases issued by the

Commission;

(8) Statements and remarks from the

Chairman and Commissioners;

(9) A connection to the Government

Information Locator Service maintained

by the Government Printing Office,

which identifies Commission databases;

and

(10) Privacy Act information.

(c) Comments or questions regarding

the home page should be addressed via

e-mail to webmaster@fmc.gov.

Subpart D—Requests for Records Under

the Freedom of Information Act

Sec.

503.31 Records available upon written

request under the Freedom of

Information Act.

503.32 Procedures for responding to

requests made under the Freedom of

Information Act.

503.33 Exceptions to availability of records.

503.34 Annual report of public information

request activity.

Subpart D—Requests for Records

Under the Freedom of Information Act

§ 503.31 Records available upon written

request under the Freedom of Information

Act.

(a) A member of the public may

request permission to inspect, copy or

be provided with any Commission

records not described in subpart C. Such

a request must:

(1) Reasonably describe the record or

records sought;

(2) Be submitted in writing to the

Secretary, Federal Maritime

Commission, Washington, D.C. 20573;

and

(3) Be clearly marked on the exterior

with the letters ‘‘FOIA’’.

(b) The Secretary shall evaluate each

request in conjunction with the official

having responsibility for the subject

matter area and the General Counsel,

and the Secretary shall determine

whether or not to grant the request in

accordance with the provisions of this

subpart.

(c) In making any record available to

a person under this subpart, the

Secretary shall provide the record in

any form or format requested by the

person if the record is readily

reproducible by the Secretary in that

form or format.

(d) Certain fees may be assessed for

processing of requests under this

subpart as prescribed in subpart E of

this part.

§ 503.32 Procedures for responding to

requests made under the Freedom of

Information Act.

(a) Determination to grant or deny

request. Upon request by any member of

the public for documents, made in

accordance with the rules of this part,

the Commission’s Secretary or his or her

delegate in his or her absence, shall

determine whether or not such request

shall be granted.

(1) Such determination shall be made

by the Secretary within twenty (20) days

(excluding Saturdays, Sundays and legal

public holidays) after receipt of such

request, except as provided in paragraph

(c) of this section.

(2) Upon granting a request the

Secretary shall promptly make records

available to the requestor. Upon denial

of such a request the Secretary shall

promptly notify the requestor of the

determination, explain the reason for

denial, give an estimate of the volume

of matter denied, set forth the names

and titles or positions of each person

responsible for the denial of the request,

and notify the party of its right to appeal

that determination to the Chairman.

(3)(i) Any party whose request for

documents or other information

pursuant to this part has been denied in

whole or in part by the Secretary may

appeal such determination. Any such

appeal must:

(A) Be addressed to: Chairman,

Federal Maritime Commission,

Washington, D.C. 20573–0001; and

(B) Be filed not later than ten (10)

working days following receipt of

notification of denial or receipt of a part

of the records requested.

(ii) The Chairman or the Chairman’s

specific delegate in his or her absence,
39266 Federal Register / Vol. 63, No. 140 /Wednesday, July 22, 1998 / Proposed Rules

shall make a determination with respect

to that appeal within twenty (20) days

(excepting Saturdays, Sundays and legal

public holidays) after receipt of such

appeal, except as provided in paragraph

(b) of this section.

(iii) If, on appeal, the denial is

upheld, either in whole or in part, the

Chairman shall so notify the party

submitting the appeal and shall notify

such person of the provisions of 5

U.S.C. 552(a)(4) regarding judicial

review of such determination upholding

the denial. Notification shall also

include the statement that the

determination is that of the Chairman of

the Federal Maritime Commission and

the name of the Chairman.

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

unusual circumstances, as defined in

paragraph (b)(2) of this section, the time

limits prescribed with respect to initial

actions in response to a FOIA request or

actions on appeal may be extended by

written notice from the Secretary of the

Commission to the person making such

request, setting forth the reasons for

such extension and the date on which

a determination is expected to be

dispatched. No such notice shall specify

a date that would result in an extension

for more than ten (10) working days,

except as provided in paragraph (b)(3) of

this section.

(2) As used in this paragraph, unusual

circumstances means, but only to the

extent reasonably necessary to the

proper processing of the particular

request:

(i) The need to search for and collect

the requested records from field

facilities or other establishments that are

separate from the office processing the

request;

(ii) The need to search for, collect,

and appropriately examine a

voluminous amount of separate and

distinct records which are demanded in

a single request; or

(iii) The need for consultation, which

shall be conducted with all practicable

speed, with another agency having a

substantial interest in the determination

of the request or among two or more

components of the agency having

substantial subject matter interest

therein.

(3) If the time limit is extended as

prescribed under this section, and the

request cannot be processed within the

extended time limit, the Secretary shall

notify the requestor, and either provide

the requestor with an opportunity to

limit the scope of the request so that it

may be processed within the time limit,

or provide the requestor an opportunity

to arrange with the Secretary an

alternative time frame for processing the

request or a modified request.

(c) Aggregation of requests. Certain

requests by the same requestor, or by a

group of requestors acting in concert,

may be aggregated:

(1) Upon the Secretary’s reasonable

belief that such requests actually

constitute a single request, which if not

aggregated would satisfy the unusual

circumstances specified in paragraph

(b)(2) of this section; and

(2) If the requests involve clearly

related matters.

(d) Multitrack processing of requests.

The Secretary may provide for

multitrack processing of requests based

on the amount of time or work involved

in processing requests.

(e) Expedited processing of requests.

(1) The Secretary will provide for

expedited processing of requests for

records when:

(i) The person requesting the records

can demonstrate a compelling need; or

(ii) In other cases, in the Secretary’s

discretion.

(2) The term ‘‘compelling need’’

means:

(i) A failure to obtain requested

records on an expedited basis under this

paragraph could reasonably be expected

to pose an imminent threat to the life or

physical safety of an individual; or

(ii) With respect to a request made by

a person primarily engaged in

disseminating information, urgency to

inform the public concerning actual or

alleged Federal Government activity.

(3) A demonstration of compelling

need by a person making a request for

expedited processing must be made in

the form of a statement describing the

circumstances and certified by such

person to be true and correct to the best

of such person’s knowledge and belief.

(4) The Secretary shall determine

whether to provide expedited

processing, and provide notice of the

determination to the person making the

request, within ten (10) working days

after the date of the request.

(5) Appeal of the determination not to

provide expedited processing should be

sought in accordance with the

provisions of paragraph (a)(3)(i) of

§ 503.32, and will be considered

expeditiously.

(6) Any request granted expedited

processing shall be processed as soon as

practicable.

§ 503.33 Exceptions to availability of

records.

(a) Except as provided in paragraph

(b) of this section, the following records

may be withheld from disclosure:

(1) Records specifically authorized

under criteria established by an

Executive order to be kept secret in the

interest of national defense or foreign

policy and which are in fact properly

classified pursuant to such Executive

order. Records to which this provision

applies shall be deemed by the

Commission to have been properly

classified. This exception may apply to

records in the custody of the

Commission which have been

transmitted to the Commission by

another agency which has designated

the record as nonpublic under an

Executive order.

(2) Records related solely to the

internal personnel rules and practices of

the Commission.

(3) Records specifically exempted

from disclosure by statute, provided that

such statute:

(i) Requires that the matter be

withheld from the public in such a

manner as to leave no discretion on the

issue, or

(ii) Establishes particular criteria for

withholding or refers to particular types

of matters to be withheld.

(4) Trade secrets and commercial

financial information obtained from a

person and privileged or confidential.

(5) Inter-agency or intra-agency

memoranda or letters which would not

be available by law to a party other than

an agency in litigation with the

Commission.

(6) Personnel and medical files and

similar files, the disclosure of which

would constitute a clearly unwarranted

invasion of personal privacy.

(7) Records or information compiled

for law enforcement purposes, but only

to the extent that the production of such

law enforcement records or information:

(i) Could reasonably be expected to

interfere with enforcement proceedings;

(ii) Would deprive a person of a right

to a fair trial or an impartial

adjudication;

(iii) Could reasonably be expected to

constitute an unwarranted invasion of

personal privacy;

(iv) Could reasonably be expected to

disclose the identity of a confidential

source, including a State, local, or

foreign agency or authority or any

private institution which furnished

information on a confidential basis, and,

in the case of a record or information

compiled by a criminal law enforcement

authority in the course of a criminal

investigation, or by an agency

conducting a lawful national security

intelligence investigation, information

furnished by a confidential source;

(v) Would disclose techniques and

procedures for law enforcement

investigations or prosecutions, or would

disclose guidelines for law enforcement

investigations or prosecutions if such

disclosure could reasonably be expected

to risk circumvention of the law; or
Federal Register / Vol. 63, No. 140 /Wednesday, July 22, 1998 / Proposed Rules 39267

(vi) Could reasonably be expected to

endanger the life or physical safety of

any individual.

(b) Nothing in this section authorizes

withholding of information or limiting

the availability of records to the public

except as specifically stated in this part,

nor shall this part be authority to

withhold information from Congress.

(c) Any reasonably segregable portion

of a record shall be provided to any

person requesting such record after

deletion of the portions which are

exempt under this part. The amount of

information deleted shall be indicated

on the released portion of the record,

unless including that indication would

harm an interest protected by the

exemption in this section under which

the deletion is made. If technically

feasible, the amount of the information

deleted shall be indicated at the place

in the record where such deletion is

made.

(d) Whenever a request is made which

involves access to records described in

paragraph (a)(7)(i) of this section and

the investigation or proceeding involves

a possible violation of criminal law, and

there is reason to believe that the subject

of the investigation or proceeding is not

aware of its pendency, and disclosure of

the existence of the records could

reasonably be expected to interfere with

enforcement proceedings, the

Commission may, during only such time

as that circumstance continues, treat the

records as not subject to the

requirements of 5 U.S.C. 552 and this

subpart.

§ 503.34 Annual report of public

information request activity.

(a) On or before February 1 of each

year, the Commission shall submit to

the Attorney General of the United

States, as required by the Attorney

General, a report which shall cover the

preceeding fiscal year and which shall

include:

(1) The number of determinations

made not to comply with requests for

records made to the Commission under

this subpart and the reasons for each

such determination;

(2)(i) The number of appeals made by

persons under § 503.32, the result of

such appeals, and the reason for the

action upon each appeal that results in

a denial of information; and

(ii) A complete list of all statutes

relied upon to authorize withholding of

information under § 503.33(a)(3) , a

description of whether a court has

upheld the Commission’s decision to

withhold information under each such

statute, and a concise description of the

scope of any information withheld;

(3) The number of requests for records

pending before the Commission as of

September 30 of the preceding year, and

the median number of days that such

requests had been pending as of that

date;

(4) The number of requests for records

received by the Commission and the

number of requests which the

Commission processed;

(5) The median number of days taken

to process different types of requests;

(6) The total amount of fees collected

for processing requests; and

(7) The number of full-time staff

devoted to processing requests for

records under this section, and total

amount expended for processing such

requests.

(b) Each such report shall be made

available to the public at the Office of

the Secretary, Federal Maritime

Commission, Washington, DC 20573

and on the Commission’s web site.

By the Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 98–19432 Filed 7–21–98; 8:45 am]

BILLING CODE 6730–01–P