This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

30445 

Vol. 87, No. 97 

Thursday, May 19, 2022 

1See, e.g., Admin. Conf. of the U.S., 

Recommendation 2021–7, Public Availability of 

Inoperative Agency Guidance Documents, 87 FR 

1718 (Jan. 12, 2022); Admin. Conf. of the U.S., 

Recommendation 2019–3, Public Availability of 

Agency Guidance Documents, 84 FR 38931 (Aug. 8, 

2019). 

2See, e.g., Admin. Conf. of the U.S., 

Recommendation 2020–5, Publication of Policies 

Governing Agency Adjudicators, 86 FR 6622 (Jan. 

22, 2021); Admin. Conf. of the U.S., 

Recommendation 2018–5, Public Availability of 

Adjudication Rules, 84 FR 2142 (Feb. 6, 2019). 

3See, e.g., Admin. Conf. of the U.S., 

Recommendation 2017–1, Adjudication Materials 

on Agency websites, 82 FR 31039 (July 5, 2017). 

4See, e.g., Admin. Conf. of the U.S., 

Recommendation 2020–6, Agency Litigation web 

pages, 86 FR 6624 (Jan. 22, 2021). 

ADMINISTRATIVE CONFERENCE OF 

THE UNITED STATES 

Disclosure of Agency Legal Materials; 

Comment Request 

AGENCY: Administrative Conference of 

the United States (ACUS). 

ACTION: Notice. 

SUMMARY: The Office of the Chairman of 

ACUS is requesting public input on 

what legal materials agencies must or 

should make publicly available and how 

they ought to do so. Responses to this 

request may inform an ongoing ACUS 

project, Disclosure of Agency Legal 

Materials. If warranted, the project will 

recommend statutory reforms to ensure 

that agencies provide public access to 

legal materials in the most equitable, 

effective, and efficient way possible for 

both the public and agencies. 

DATES: Comments must be received no 

later than 10 a.m. (ET) July 18, 2022. 

ADDRESSES: You may submit comments 

by email to info@acus.gov (with 

‘‘Disclosure of Agency Legal Materials 

Comments’’ in the subject line of the 

message); online by clicking ‘‘Submit a 

comment’’ near the bottom of the project 

web page found at https://

www.acus.gov/research-projects/ 

disclosure-agency-legal-materials; or by 

U.S. Mail addressed to Disclosure of 

Agency Legal Materials Comments, 

Administrative Conference of the 

United States, Suite 706 South, 1120 

20th Street NW, Washington, DC 20036. 

ACUS will ordinarily post comments on 

the project web page as they are 

received. Commenters should not 

include information, such as personal 

information or confidential business 

information, that they do not wish to 

appear on the ACUS website. For the 

full ACUS public comment policy, 

please visit https://www.acus.gov/ 

policy/public-comment-policy. 

FOR FURTHER INFORMATION CONTACT: 

Todd Rubin, Attorney Advisor, 

Administrative Conference of the 

United States, 1120 20th Street NW, 

Suite 706 South, Washington, DC 20036; 

Telephone (202) 480–2080; email 

trubin@acus.gov. 

SUPPLEMENTARY INFORMATION: The 

Administrative Conference Act, 5 U.S.C. 

591–596, established the Administrative 

Conference of the United States. The 

Conference studies the efficiency, 

adequacy, and fairness of the 

administrative procedures used by 

Federal agencies and makes 

recommendations to agencies, the 

President, Congress, and the Judicial 

Conference of the United States for 

procedural improvements (5 U.S.C. 

594(1)). For further information about 

the Conference and its activities, see 

www.acus.gov. 

Disclosure of Agency Legal Materials 

Agencies generate a wide range of 

materials that impose legal obligations 

on members of the public, agency 

employees, and agency heads; 

determine the rights or interests of 

private parties; advise the public of the 

agencies’ interpretation of the statutes 

and rules they administer; advise the 

public prospectively of the manner in 

which agencies plan to exercise 

discretionary powers; or otherwise 

explain agency actions that affect 

members of the public. Federal laws 

govern when and how agencies make 

these legal materials publicly available. 

These include generally applicable 

statutes such as the Freedom of 

Information Act (FOIA), the Federal 

Register Act, the E-Government Act of 

2002, the Federal Records Act, as well 

as agency- and program-specific 

statutes. 

ACUS has undertaken many projects 

in which it has recommended best 

practices for the disclosure of records 

such as guidance documents,1

adjudication rules,2 adjudication 

materials,3 and litigation materials.4

Many of these projects focus on a 

broader set of materials than legal 

materials, but they do encompass, touch 

on, or include legal materials. A 

recurrent question in the discussion 

surrounding these projects has been 

whether Congress should amend the 

main statutes governing disclosure of 

agency legal materials to consolidate 

and harmonize overlapping 

requirements, account for technological 

developments, and correct statutory 

ambiguities and drafting errors. 

ACUS is now undertaking this project 

to answer this question. A team of 

leading scholars will submit a report to 

ACUS that addresses this question and 

others that may be identified. If 

warranted, a committee of ACUS 

members will develop proposed 

recommendations to Congress for 

possible consideration by the ACUS 

Assembly. Recommended statutory 

reforms will provide clear standards as 

to what legal materials agencies must 

publish and where they must publish 

them (whether in the Federal Register, 

on their websites, or elsewhere). The 

objective of any such proposed 

amendments will be to ensure that 

agencies provide appropriate public 

access to legal materials in the most 

equitable, effective, and efficient way 

possible for both the public and the 

agency. Visit https://www.acus.gov/ 

research-projects to learn more about 

how ACUS develops recommendations. 

Specific Topics for Public Comment 

ACUS welcomes views, information, 

and data on all aspects of this topic. 

ACUS also seeks specific feedback on 

the following questions: 

1. What types of agency records

should ACUS consider to be ‘‘agency 

legal materials’’ for purposes of this 

project? 

2. What obstacles have you or others

faced in gaining access to agency legal 

materials? 

3. Are there certain types of agency

legal materials or legal information that 

agencies are not making publicly 

available that would be valuable to you 

or others? 


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30446 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Notices 

4. Agencies provide public access to 

legal materials in different ways. 

Agencies make some materials available 

to the general public on their own 

initiative without having received a 

request from a member of the public 

(i.e., proactive disclosure). Other 

materials are provided to members of 

the public on request. What types of 

legal materials should agencies 

proactively disclose to the general 

public? What types of legal materials 

may or should agencies disclose only in 

response to a request from a member of 

the public? 

5. For agency legal materials that 

should be proactively disclosed, where 

or how should agencies make them 

publicly available (on agency websites, 

in the Federal Register, or elsewhere)? 

6. Are there certain types of agency 

legal materials, or certain types of 

information contained in agency legal 

materials, that agencies should not make 

publicly available? When there is public 

interest in these types of materials or 

information, how should agencies 

balance the public interest in disclosure 

with any private or governmental 

interests in nondisclosure? 

7. Some statutes governing the public 

availability of agency legal materials 

apply to most or all agencies (e.g., 

Federal Register Act), whereas others 

apply to only one or a small number of 

agencies (e.g., Food and Drug 

Administration Modernization Act of 

1997). When should Congress create 

disclosure requirements that apply to 

most or all agencies, and when should 

Congress create disclosure requirements 

that apply to only one or a small 

number of agencies? 

8. Are there certain best practices 

regarding disclosure of legal materials 

on agency websites that should be 

required by statute (e.g., indexing of 

legal materials, search functions to help 

find legal materials)? If so, should these 

practices be required for all legal 

materials or only certain types of legal 

materials? 

9. What inconsistencies, ambiguities, 

and overlaps exist in the main statutes 

governing disclosure of agency legal 

materials (e.g., FOIA, Federal Register 

Act, E-Government Act of 2002, Federal 

Records Act) that Congress should 

remedy? 

10. What other statutory reforms 

might be warranted to ensure adequate 

public availability of agency legal 

materials? 

Dated: May 13, 2022. 

Shawne McGibbon, 

General Counsel. 

[FR Doc. 2022–10749 Filed 5–18–22; 8:45 am] 

BILLING CODE 6110–01–P 

DEPARTMENT OF AGRICULTURE 

Submission for OMB Review; 

Comment Request 

The Department of Agriculture has 

submitted the following information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. Comments are 

requested regarding whether the 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; the accuracy of the 

agency’s estimate of burden including 

the validity of the methodology and 

assumptions used; ways to enhance the 

quality, utility and clarity of the 

information to be collected; and ways to 

minimize the burden of the collection of 

information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology. 

Comments regarding this information 

collection received by June 21, 2022 

will be considered. Written comments 

and recommendations for the proposed 

information collection should be 

submitted within 30 days of the 

publication of this notice on the 

following website www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function. 

An agency may not conduct or 

sponsor a collection of information 

unless the collection of information 

displays a currently valid OMB control 

number and the agency informs 

potential persons who are to respond to 

the collection of information that such 

persons are not required to respond to 

the collection of information unless it 

displays a currently valid OMB control 

number. 

Food Safety and Inspection Service 

Title: Importation and Transportation 

of Meat, Poultry and Egg Products. 

OMB Control Number: 0583–0094. 

Summary of Collection: The Food 

Safety and Inspection Service (FSIS) has 

been delegated the authority to exercise 

the functions of the Secretary as 

provided in the Federal Meat Inspection 

Act (FMIA) (21 U.S.C. 601 et seq.) and 

the Poultry Products Inspection Act 

(PPIA) (21 U.S.C. 451 et seq.), and the 

Egg Products Inspection Act (EPIA) (21 

U.S.C. 1031, et seq.) These statutes 

mandate that FSIS protect the public by 

ensuring that meat, poultry, and egg 

products are safe, wholesome, 

unadulterated, and properly labeled and 

packaged. Meat and poultry products 

not marked with the mark of inspection 

and shipped from one official 

establishment to another for further 

processing must be transported under 

FSIS seal to prevent such unmarked 

product from‘ entering commerce. To 

track product shipped under seal, FSIS 

requires shipping establishments to 

complete a form that identifies the type, 

amount, and weight of the product. 

Need and Use of the Information: 

FSIS will collect information using form 

7350–1, Request and Notice of 

Shipment of Sealed Meat/Poultry. FSIS 

will collect the name, number, method 

of shipping, and destination of product, 

type, and description of product to be 

shipped, reason for shipping product, 

and a signature. Foreign countries that 

wish to export meat, poultry, and egg 

products to the United States must 

establish eligibility to do so by putting 

in place inspection systems that are 

‘‘equivalent to’’ the U.S. inspection 

system (9 CFR 327.2 and 381.196) and 

by annually certifying that they 

continue to do so. Meat, poultry, and 

egg products intended for importation 

into the U.S. must be accompanied by 

an inspection certificate signed by an 

official of the foreign government 

responsible for the inspection and 

certification of the product. 

Description of Respondents: Business 

or other for-profit. 

Number of Respondents: 56. 

Frequency of Responses: 

Recordkeeping; Reporting: On occasion. 

Total Burden Hours: 3,679. 

Dated: May 16, 2022. 

Ruth Brown, 

Departmental Information Collection 

Clearance Officer. 

[FR Doc. 2022–10766 Filed 5–18–22; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF AGRICULTURE 

Submission for OMB Review; 

Comment Request 

May 16, 2022. 

The Department of Agriculture will 

submit the following information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. Comments 

are requested regarding: (1) Whether the 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 


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