[Federal Register Volume 73, Number 158 (Thursday, August 14, 2008)]
[Proposed Rules]
[Pages 47564-47568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18450]


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LEGAL SERVICES CORPORATION

45 CFR Part 1602


Procedures for Disclosure of Information Under the Freedom of 
Information Act

AGENCY: Legal Services Corporation.

ACTION: Notice of proposed rulemaking.

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SUMMARY: LSC is proposing a number of revisions to its regulations on 
procedures for disclosure of information under the Freedom of 
Information Act to implement changes in that law made by the OPEN 
Government Act of 2007. LSC is also proposing to designate the Office 
of Inspector General as a separate component for receiving requests for 
its records and to make two technical amendments.

DATES: Comments on this NPRM are due on September 15, 2008.

ADDRESSES: Written comments may be submitted by mail, fax or e-mail to 
Mattie Cohan, Senior Assistant General Counsel, Office of Legal 
Affairs, Legal Services Corporation, 3333 K St., NW., Washington, DC 
20007; 202-295-1624 (phone); 202-337-6519 (fax); <a href="/cdn-cgi/l/email-protection#f39e909c9b929db39f8090dd949c85"><span class="__cf_email__" data-cfemail="fb969894939a95bb978898d59c948d">[email protected]</span></a> (e-
mail).

FOR FURTHER INFORMATION CONTACT: Mattie Cohan, Senior Assistant General 
Counsel, Office of Legal Affairs, Legal Services Corporation, 3333 K 
St., NW., Washington, DC 20007; 202-295-1624 (phone); 202-337-6519 
(fax); <a href="/cdn-cgi/l/email-protection#7c111f13141d123c100f1f521b130a"><span class="__cf_email__" data-cfemail="88e5ebe7e0e9e6c8e4fbeba6efe7fe">[email protected]</span></a> (e-mail).

SUPPLEMENTARY INFORMATION: LSC is subject to the Freedom of Information 
Act (FOIA) by the terms of the Legal Services Corporation Act. 42 
U.S.C. 2996d(g).\1\ LSC has implemented FOIA procedures through the 
adoption of regulations found at 45 CFR Part 1602.
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    \1\ Absent this authority, LSC would not otherwise be subject to 
FOIA since LSC is not an agency, department or instrumentality of 
the Federal government. 42 U.S.C. 2996d(e)(1).
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    On December 31, 2007, President Bush signed the Openness Promotes 
Effectiveness in our National Government Act of 2007 (``OPEN Government 
Act'' or ``Act'') into law. The OPEN Government Act amends FOIA in an 
effort to improve media and public access to government records. In 
order to bring LSC's FOIA regulations into conformance with the changes 
to FOIA made by the OPEN Government Act provisions, the LSC Board of 
Directors initiated a rulemaking on August 2, 2008 and approved this 
Notice of Proposed Rulemaking (NPRM) for publication. The proposed 
changes to Part 1602 are discussed in greater detail below.

Section-by-Section Analysis

Definitions--45 CFR 1602.2

Sec.  1602.2(g)--Records
    Under LSC's regulations, ``records'' are various materials ``made 
or received by the Corporation in connection with the transaction of 
the Corporation's business and preserved by the Corporation.'' 45 CFR 
1602.2(g). Section 9 of the OPEN Government Act expands the statutory 
definition of ``record'' to include any information that is maintained 
for an agency by an entity under Government contract, for the purposes 
of records management. LSC proposes to amend Sec.  1602.2(g) to include 
conform the regulation with the expanded statutory definition to 
specifically reference information maintained by LSC under contract for 
the purposes of records management. Accordingly, LSC proposes to revise 
Sec.  1602.2(g) to read ``Records means books, papers, maps, 
photographs, or other documentary materials, regardless of whether the 
format is physical or electronic, made or received by the Corporation 
in connection with the transaction of the Corporation's business and 
preserved by the Corporation (either directly or maintained by a third 
party under contract to the Corporation) for records management 
purposes, as evidence of the organization, functions, policies, 
decisions procedures, operations, or other activities of the 
Corporation, or because of the informational value of data in them. The 
term does not include, inter alia, books, magazines, or

[[Page 47565]]

other materials acquired solely for library purposes.''
Sec.  1602.2(h)--Representatives of News Media
    FOIA provides that ``representatives of the news media'' may not be 
charged fees for search and review time associated with responding to 
their FOIA requests. 5 U.S.C. 552(a)(4)(A)(ii)(II). The term 
``representative of the news media'' is not defined in FOIA, but LSC's 
FOIA regulation at Part 1602 currently defines ``representative of the 
news media'' as ``any person actively gathering news for an entity that 
is organized and operated to publish or broadcast news to the public. 
The term ``news'' means information that is about current events or 
that would be of current interest to the public. Examples of news media 
entities include television or radio stations broadcasting to the 
public at large and publishers of periodicals (but only in those 
instances when they can qualify as disseminators of ``news'') who make 
their products available for purchase or subscription by the general 
public. These examples are not intended to be all-inclusive. Moreover, 
as traditional methods of news delivery evolve (e.g., electronic 
dissemination of newspapers through telecommunications services), such 
alternative media would be included in this category. In the case of 
``freelance'' journalists, they will be regarded as working for a news 
organization if they can demonstrate a solid basis for expecting 
publication through that organization, even though not actually 
employed by it.'' 45 CFR 1602.2(h). This definition is based on a 
definition of that term appearing in guidance published by the Office 
of Management and Budget. See, 53 FR 6151 (March 1, 1988); 52 F 10012 
(March 27, 1987).
    The OPEN Government Act of 2007 clarifies that ``freelance'' 
journalists and ``alternative media'' news sources (such as online news 
sources) are ``representatives of the news media'' for the purposes of 
the fee structure. Specifically, section 3 of the OPEN Government Act 
defines ``representative of the news media'' as ``any person or entity 
that gathers information of potential interest to a segment of the 
public, uses its editorial skills to turn the raw materials into a 
distinct work, and distributes that work to an audience.'' That section 
goes on to provide:

    In this clause, the term ``news'' means information that is 
about current events or that would be of current interest to the 
public. Examples of news-media entities are television or radio 
stations broadcasting to the public at large and publishers of 
periodicals (but only if such entities qualify as disseminators of 
``news'') who make their products available for purchase by or 
subscription by or free distribution to the general public. These 
examples are not all-inclusive. Moreover, as methods of news 
delivery evolve (for example, the adoption of the electronic 
dissemination of newspapers through telecommunications services), 
such alternative media shall be considered to be news-media 
entities. A freelance journalist shall be regarded as working for a 
news-media entity if the journalist can demonstrate a solid basis 
for expecting publication through that entity, whether or not the 
journalist is actually employed by the entity. A publication 
contract would present a solid basis for such an expectation; the 
Government may also consider the past publication record of the 
requester in making such a determination.

    Although LSC's existing definition of ``representative of the news 
media'' is not substantively inconsistent with or contrary to the newly 
clarified definition in the OPEN Government Act, LSC believes that it 
is prudent to amend its regulatory definition to reflect the revised 
statutory language. LSC believes that substituting the clarified 
definition for the existing one will ensure that LSC's regulation 
reflects the full intent of Congress. Accordingly, LSC proposes to 
amend Sec.  1602.2(h) to read ``Representative of the news media means 
any person or entity that gathers information of potential interest to 
a segment of the public, uses its editorial skills to turn the raw 
materials into a distinct work, and distributes that work to an 
audience. In this clause, the term `news' means information that is 
about current events or that would be of current interest to the 
public. Examples of news media entities are television or radio 
stations broadcasting to the public at large and publishers of 
periodicals (but only if such entities qualify as disseminators of 
`news') who make their products available for purchase by or 
subscription by or free distribution to the general public. These 
examples are not all-inclusive. Moreover, as methods of news delivery 
evolve (for example, the adoption of the electronic dissemination of 
newspapers through telecommunications services), such alternative media 
shall be considered to be news media entities. A freelance journalist 
shall be regarded as working for a news media entity if the journalist 
can demonstrate a solid basis for expecting publication through that 
entity, whether or not the journalist is actually employed by the 
entity. A publication contract would present a solid basis for such an 
expectation; the Corporation may also consider the past publication 
record of the requester in making such a determination.''

Requests for Records--45 CFR 1602.8

    Agencies are required to make determinations on whether to comply 
with FOIA requests within twenty (20) business days of receipt of a 
request. 5 U.S.C 552(a)(6)(A)(i). LSC has incorporated this requirement 
into its regulations at 45 CFR 1602.8(i). The OPEN Government Act 
provides additional instruction to clarify when the time limit begins 
to run. Specifically, Sec.  6 of the OPEN Government Act provides that:

    The 20-day period under clause [5 U.S.C 552(a)(6)(A)(i)] shall 
commence on the date on which the request is first received by the 
appropriate component of the agency, but in any event not later than 
ten days after the request is received by any component of the 
agency that is designated in the agency's regulations under this 
section to receive requests under this section. [sic] The 20-day 
period shall not be tolled by the agency except:
    (I) That the agency may make one request to the requester for 
information and toll the 20-day period while it is awaiting such 
information that it has reasonably requested from the requester 
under this section; or
    (II) If necessary to clarify with the requester issues regarding 
fee assessment. In either case, the agency's receipt of the 
requester's response to the agency's request for information or 
clarification ends the tolling period.

    Unlike some agencies subject to FOIA, LSC has had only one 
component designated to receive requests, the Office of Legal Affairs. 
The Office of Inspector General (OIG) is not a separate component 
designated to receive FOIA requests under LSC's regulations, although 
the General Counsel or designee forwards requests for records 
maintained by the OIG for processing and response. Under the current 
regulation, when FOIA requests are for OIG records and they are 
referred over to the OIG, the 20-day time limit for response only 
starts for the OIG when the OIG receives the request upon referral from 
the Office of Legal Affairs. However, under the new statutory 
requirements, the OIG's 20-day time limit will commence when the OIG 
receives the request from the Office of Legal Affairs, but in no event 
later than 10 working days from when the Office of Legal Affairs 
receives the request. Thus, if for some reason the referral is not made 
on a timely basis, the OIG could lose some or all of its response time 
before its response would be deemed late through no action on inaction 
on the part of the OIG.
    Designating the OIG as a separate component authorized to receive

[[Page 47566]]

requests directly would ameliorate, although not entirely eliminate, 
this potential problem. In addition, LSC notes that it is typical 
practice in other agencies with Inspectors General for those Offices of 
Inspector General to be separately designated components authorized to 
receive and process FOIA request directly. Accordingly, LSC proposes to 
amend 45 CFR Part 1602.8(i) to incorporate the provisions of the OPEN 
Government Act discussed above and to designate the Office of Inspector 
General as a component authorized to receive FOIA requests for its 
records. Specifically, LSC proposes to redesignate paragraph (i)(1) as 
(i)(1)(i) to read as follows ``The General Counsel or designee, upon 
request for any records made in accordance with this section, except in 
the case of a request for Office of Inspector General records, shall 
make an initial determination of whether to comply with or deny such 
request and dispatch such determination to the requester within 20 days 
(excepting Saturdays, Sundays and legal public holidays) after receipt 
of such request, except for unusual circumstances, in which case the 
time limit may be extended for up to 10 working days by written notice 
to the requester setting forth the reasons for such extension and the 
date on which a determination is expected to be dispatched.'' LSC also 
proposed to add a new paragraph (i)(1)(ii) to read as follows ``In the 
case of a request for any Office of Inspector General records made in 
accordance with this section, the Counsel to the Inspector General or 
designee shall make an initial determination of whether to comply with 
or deny such request and dispatch such determination to the requester 
within 20 days (excepting Saturdays, Sundays and legal public holidays) 
after receipt of such request, except for unusual circumstances, in 
which case the time limit may be extended for up to 10 working days by 
written notice to the requester setting forth the reasons for such 
extension and the date on which a determination is expected to be 
dispatched.''
    In addition, LSC is proposing to redesignate paragraph (i)(2) as 
(i)(2)(i), amend that paragraph to read as follows: ``If the General 
Counsel or designee determines that a request or portion thereof is for 
the Office of Inspector General records, the General Counsel or 
designee shall promptly refer the request or portion thereof to the 
Office of Inspector General and send notice of such referral to the 
requester. If the Counsel to the Inspector General or designee 
determines that a request or portion thereof is for Corporation records 
not maintained by the Office of Inspector General, the Counsel to the 
Inspector General or designee shall promptly refer the request or 
portion thereof to the Office of Legal Affairs and send notice of such 
referral to the requester.'' LSC also proposes to and add a new 
paragraph (i)(2)(ii) to read as follows ``The 20-day period under 
paragraph (i)(1) shall commence on the date on which the request is 
first received by the appropriate Office (the Office of Legal Affairs 
or the Office of Inspector General), but in no event later than 10 
working days after the request has been received by either the Office 
of Legal Affairs or the Office of Inspector General. The 20-day period 
shall not be tolled by the Office processing the request except that 
the processing Office may make one request to the requester for 
information pursuant to paragraph (c) of this section and toll the 20-
day period while it is awaiting such information that it has reasonably 
requested from the requester under this section; or, if necessary to 
clarify with the requester issues regarding fee assessment. In either 
case, the processing Office's receipt of the requester's response to 
such a request for information or clarification ends the tolling 
period.''

Exemptions for Withholding Records--45 CFR 1602.9

    Under FOIA, entire documents or portions thereof may be withheld 
from disclosure if one or more specified exemptions apply. 5 U.S.C. 
552(b). If a particular document contains information that can be 
withheld from disclosure which may reasonably be segregated from the 
material which must be released, the agency must (with limited 
exception) release the segregable portion of the record and indicate 
the amount of information which has been deleted. Id. Section 12 of the 
OPEN Government Act imposes a further requirement that the agency 
inform requesters of the exemption under which redacted information is 
being withheld. LSC proposes incorporating this new requirement into 
its regulations by amending Sec.  1602.9(b) to insert the words ``and 
the exemption under which the deletion is made'' after the words 
``amount of information deleted'' where they appear in the second and 
third sentences of that paragraph. As proposed, Sec.  1602.9(b) would 
read as follows ``In the event that one or more of the exemptions in 
paragraph (a) of this section apply, any reasonably segregable portion 
of a record shall be provided to the requester after deletion of the 
portions that are exempt. The amount of information deleted and the 
exemption under which the deletion is being made shall be indicated on 
the released portion of the record, unless doing so would harm the 
interest protected by the exemption under which the deletion is made. 
If technically feasible, the amount of information deleted and the 
exemption under which the deletion is being made shall be indicated at 
the place in the record where the deletion occurs''

Officials Authorized to Grant or Deny Requests for Records--45 CFR 
1602.10

    Under the current regulation, because the OIG is not separately 
designated to receive its own FOIA requests, the Counsel to the 
Inspector General or designee is required to consult with the Office of 
the General Counsel prior to granting or denying requests for records 
which have been referred to the OIG. 45 CFR 1602.10(b). With the 
proposed changed, discussed elsewhere herein, to designate the OIG as a 
unit authorized to receive FOIA requests directly, this requirement is 
obsolete. Accordingly, LSC is proposing to delete this requirement from 
the regulation by deleting the last sentence of Sec.  1602.10(b).
    In addition, under the current regulation, the Office of the 
General Counsel is required to consult with the OIG in cases in which a 
requester has requested a record which originated with the OIG but 
which is now maintained elsewhere within the Corporation. 45 CFR 
1602.10(b). This ensures that the OIG has notice and an opportunity to 
participate in the potential release of OIG records by the Office of 
General Counsel. With the proposed change, discussed elsewhere herein, 
to designate the OIG as a unit to receive FOIA requests directly, it is 
appropriate to adopt a parallel provision requiring the OIG to consult 
with the Office of the General Counsel prior to granting or denying a 
request for a record which originated in a component of the Corporation 
other than the OIG but which is being maintained by the OIG. 
Accordingly, LSC proposes to add the following language as a new last 
sentence of Sec.  1602.10(b) ``The Counsel to the Inspector General or 
designee shall consult with the Office of the General Counsel prior to 
granting or denying any request for records or portions of records 
which originated with any component of the Corporation other than the 
Office of Inspector General, or which contain information which 
originated with a component of the Corporation other than the Office of 
Inspector General, but which are

[[Page 47567]]

maintained by the Office of Inspector General.''

Fees--45 CFR 1602.13

    FOIA provides for the assessment of fees on requesters associated 
with the processing of their FOIA requests. 5 U.S.C. 552(a)(4). Prior 
to the adoption of the OPEN Government Act, applicable fees could be 
assessed when authorized under FOIA, regardless of the timeliness of 
the response to the requester. Section 6 of the OPEN Government Act has 
changed that, providing now that an agency which fails to provide a 
timely response may not assess search fees on requesters, except in 
cases involving unusual or exceptional circumstances. In the case of 
requesters who are representatives of the news media, since they are 
already not subject to search charges, the OPEN Government Act provides 
that applicable duplication fees will not be charged when the agency 
provides an untimely response. LSC proposes to implement this statutory 
change by amending Sec.  1602.13, Fees, by redesignating paragraph (b) 
as a paragraph (b)(1) and adding a new paragraph (b)(2) to read as 
follows ``If no unusual circumstances, as set forth in Sec.  1602.8 
apply, if LSC has failed to comply with the time limits set forth in 
that section, otherwise applicable search fees will not be charged to a 
requester. In the case of a requester who is a representative of the 
news media, otherwise applicable duplication fees will not be 
charged.''

Technical Changes--References to LSC's Address

    Although not required by the OPEN Government Act, LSC is taking 
this opportunity to propose two technical changes to the regulation, 
both referencing addresses for the submission of FOIA requests.
Public Reading Room (Sec.  1602.5)
    When the Corporation last amended Part 1602 in 2003, the 
Corporation was in the process of moving its offices from 750 First St. 
NE., Washington, DC to its current location at 3333 K St., NW. 
Washington, DC Section 1602.5, which sets forth the address of LSC's 
public reading room and is also the address referenced in the 
instructions for the submission of FOIA requests in Sec.  1602.8(b), 
was amended at that time to include both addresses. The reference to 
the First St. NE. address is now obsolete. Accordingly, LSC is 
proposing to delete the reference to that obsolete address and amend 
the first sentence of Sec.  1602.5(a) to read as follows: ``The 
Corporation will maintain a public reading room at its office at 3333 K 
St., NW., Washington, DC 20007.'' As proposed, the rest of that 
paragraph will remain unchanged.
Requests for Records (Sec.  1602.8)
    LSC is proposing a technical change to Sec.  1602.8(b) to update 
the e-mail address requesters are required to use to submit FOIA 
requests. The current regulation lists an e-mail address of 
<a href="/cdn-cgi/l/email-protection#d6bfb8b0b996a5bba2a6f8baa5b5f8b1b9a0"><span class="__cf_email__" data-cfemail="8ae3e4ece5caf9e7fefaa4e6f9e9a4ede5fc">[email protected]</span></a>, which is a general information e-mail address. LSC 
has since established a dedicated FOIA e-mail address to ensure that 
FOIA requests are identified and processed separately from other 
general information requests submitted to the Corporation in order to 
improve handling and processing of FOIA requests. Accordingly, LSC is 
proposing to amend paragraph (b) to delete the old e-mail address, and 
substitute the correct dedicated FOIA e-mail address: <a href="/cdn-cgi/l/email-protection#c781888e8687abb4a4e9a0a8b1"><span class="__cf_email__" data-cfemail="54121b1d15143827377a333b22">[email protected]</span></a> in 
the third sentence of paragraph (b). As proposed, the rest of paragraph 
(b) would remain unchanged.

List of Subjects in 45 CFR Part 1602

    Freedom of information, Reporting and recordkeeping requirements.
    For reasons set forth above, LSC proposes to amend 45 CFR part 1602 
as follows:

PART 1602--PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE 
FREEDOM OF INFORMATION ACT

    1. The authority citation for part 1602 continues to read as 
follows:

    Authority: 42 U.S.C. 2996d(g); 5 U.S.C. 552.

    2. Paragraphs (g) and (h) of Sec.  1602.2 are revised to read as 
follows:


Sec.  1602.2  Definitions.

* * * * *
    (g) Records means books, papers, maps, photographs, or other 
documentary materials, regardless of whether the format is physical or 
electronic, made or received by the Corporation in connection with the 
transaction of the Corporation's business and preserved by the 
Corporation (either directly or maintained by a third party under 
contract to the Corporation for records management purposes), as 
evidence of the organization, functions, policies, decisions 
procedures, operations, or other activities of the Corporation, or 
because of the informational value of data in them. The term does not 
include, inter alia, books, magazines, or other materials acquired 
solely for library purposes.
    (h) Representative of the news media means any person or entity 
that gathers information of potential interest to a segment of the 
public, uses its editorial skills to turn the raw materials into a 
distinct work, and distributes that work to an audience. In this 
clause, the term `news' means information that is about current events 
or that would be of current interest to the public. Examples of news 
media entities are television or radio stations broadcasting to the 
public at large and publishers of periodicals (but only if such 
entities qualify as disseminators of `news') who make their products 
available for purchase by or subscription by or free distribution to 
the general public. These examples are not all-inclusive. Moreover, as 
methods of news delivery evolve (for example, the adoption of the 
electronic dissemination of newspapers through telecommunications 
services), such alternative media shall be considered to be news media 
entities. A freelance journalist shall be regarded as working for a 
news media entity if the journalist can demonstrate a solid basis for 
expecting publication through that entity, whether or not the 
journalist is actually employed by the entity. A publication contract 
would present a solid basis for such an expectation; the Corporation 
may also consider the past publication record of the requester in 
making such a determination.
* * * * *
    3. Paragraph (a) of Sec.  1602.5 is revised to read as follows:


Sec.  1602.5  Public reading room.

    (a) The Corporation will maintain a public reading room its office 
at 3333 K St., NW., Washington, DC 20007. This room will be supervised 
and will be open to the public during the regular business hours of the 
Corporation for inspecting and copying records described in paragraph 
(b) of this section.
* * * * *
    4. Paragraph (b) and paragraphs (i)(1) and (2) of Sec.  1602.8 are 
revised to read as follows:


Sec.  1602.8  Requests for records.

* * * * *
    (b) Requests. Requests for records under this section shall be made 
in writing, with the envelope and the letter or e-mail request clearly 
marked Freedom of Information Act Request. All such requests shall be 
addressed to the Corporation's Office of Legal Affairs or, in the case 
of requests for records maintained by the Office of Inspector General, 
to the Office of Inspector General. Requests by letter shall use the 
address given in Sec.  1602.5(a). E-mail

[[Page 47568]]

requests shall be addressed to <a href="/cdn-cgi/l/email-protection#c5838a8c8485a9b6a6eba2aab3"><span class="__cf_email__" data-cfemail="b1f7fef8f0f1ddc2d29fd6dec7">[email protected]</span></a> or, in the case of requests 
for records maintained by the Office of Inspector General, 
<a href="/cdn-cgi/l/email-protection#44020b0d05042b2d236a2837276a232b32"><span class="__cf_email__" data-cfemail="75333a3c34351a1c125b1906165b121a03">[email protected]</span></a>. Any request not marked and addressed as specified in 
this paragraph will be so marked by Corporation personnel as soon as it 
is properly identified, and will be forwarded immediately to the Office 
of Legal Affairs, or as appropriate, the Office of Inspector General. A 
request improperly addressed will only be deemed to have been received 
as in accordance with paragraph (i) of this section. Upon receipt of an 
improperly addressed request, the General Counsel or designee (or 
Counsel to the Inspector General or designee) shall notify the 
requester of the date on which the time period began.
* * * * *
    (i)(1)(i) The General Counsel or designee, upon request for any 
records made in accordance with this section, except in the case of a 
request for Office of Inspector General records, shall make an initial 
determination of whether to comply with or deny such request and 
dispatch such determination to the requester within 20 days (excepting 
Saturdays, Sundays and legal public holidays) after receipt of such 
request, except for unusual circumstances, in which case the time limit 
may be extended for up to 10 working days by written notice to the 
requester setting forth the reasons for such extension and the date on 
which a determination is expected to be dispatched.
    (ii) In the case of a request for any Office of Inspector General 
records made in accordance with this section, the Counsel to the 
Inspector General or designee shall make an initial determination of 
whether to comply with or deny such request and dispatch such 
determination to the requester within 20 days (excepting Saturdays, 
Sundays and legal public holidays) after receipt of such request, 
except for unusual circumstances, in which case the time limit may be 
extended for up to 10 working days by written notice to the requester 
setting forth the reasons for such extension and the date on which a 
determination is expected to be dispatched.
    (2)(i) If the General Counsel or designee determines that a request 
or portion thereof is for the Office of Inspector General records, the 
General Counsel or designee shall promptly refer the request or portion 
thereof to the Office of Inspector General and send notice of such 
referral to the requester. If the Counsel to the Inspector General or 
designee determines that a request or portion thereof is for 
Corporation records not maintained by the Office of Inspector General, 
the Counsel to the Inspector General or designee shall promptly refer 
the request or portion thereof to the Office of Legal Affairs and send 
notice of such referral to the requester.
    (ii) The 20-day period under paragraph (i)(1) of this section shall 
commence on the date on which the request is first received by the 
appropriate Office (the Office of Legal Affairs or the Office of 
Inspector General), but in no event later than 10 working days after 
the request has been received by either the Office of Legal Affairs or 
the Office of Inspector General. The 20-day period shall not be tolled 
by the Office processing the request except that the processing Office 
may make one request to the requester for information pursuant to 
paragraph (c) of this section and toll the 20-day period while it is 
awaiting such information that it has reasonably requested from the 
requester under this section; or, if necessary to clarify with the 
requester issues regarding fee assessment. In either case, the 
processing Office's receipt of the requester's response to such a 
request for information or clarification ends the tolling period.
* * * * *
    5. Paragraph (b) of Sec.  1602.9 is revised to read as follows:


Sec.  1602.9  Exemptions for withholding records.

* * * * *
    (b) In the event that one or more of the exemptions in paragraph 
(a) of this section apply, any reasonably segregable portion of a 
record shall be provided to the requester after deletion of the 
portions that are exempt. The amount of information deleted and the 
exemption under which the deletion is being made shall be indicated on 
the released portion of the record, unless doing so would harm the 
interest protected by the exemption under which the deletion is made. 
If technically feasible, the amount of information deleted and the 
exemption under which the deletion is being made shall be indicated at 
the place in the record where the deletion occurs.
* * * * *
    6. Paragraph (b) of Sec.  1602.10 is revised to read as follows:


Sec.  1602.10  Officials authorized to grant or deny requests for 
records.

* * * * *
    (b) The General Counsel or designee and the Counsel to the 
Inspector General or designee are authorized to grant or deny requests 
under this part. In the absence of a Counsel to the Inspector General, 
the Inspector General shall name a designee who will be authorized to 
grant or deny requests under this part and who will perform all other 
functions of the Counsel to the Inspector General under this part. The 
General Counsel or designee shall consult with the Office of the 
Counsel to the Inspector General or designee prior to granting or 
denying any request for records or portions of records which originated 
with the Office of Inspector General, or which contain information 
which originated Office of Inspector General, but which are maintained 
by other components of the Corporation. The Counsel to the Inspector 
General or designee shall consult with the Office of the General 
Counsel prior to granting or denying any request for records or 
portions of records which originated with any component of the 
Corporation other than the Office of Inspector General, or which 
contain information which originated with a component of the 
Corporation other than the Office of Inspector General, but which are 
maintained by the Office of Inspector General.
    7. Section 1602.13 is amended by designating paragraph (b) as 
(b)(1) and adding a paragraph (b)(2) to read as follows:


Sec.  1602.13  Fees.

* * * * *
    (b) * * *
    (2) If no unusual circumstances, as set forth in Sec.  1602.8 
apply, if LSC has failed to comply with the time limits set forth in 
that section, otherwise applicable search fees will not be charged to a 
requester. In the case of a requester who is a representative of the 
news media, otherwise applicable duplication fees will not be charged.
* * * * *

 Victor M. Fortuno,
Vice President & General Counsel.
[FR Doc. E8-18450 Filed 8-13-08; 8:45 am]
BILLING CODE 7050-01-P


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