[Federal Register Volume 67, Number 137 (Wednesday, July 17, 2002)]
[Rules and Regulations]
[Pages 47216-47218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17929]
[[Page 47215]]
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Part V
Department of Housing and Urban Development
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24 CFR Part 2002
Implementation of the Electronic Freedom of Information Act; Final Rule
Federal Register / Vol. 67, No. 137 / Wednesday, July 17, 2002 /
Rules and Regulations
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 2002
[Docket No.FR-4716-F-02]
RIN 2508-AA12
Implementation of the Electronic Freedom of Information Act
AGENCY: Office of Inspector General, HUD.
ACTION: Final rule.
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SUMMARY: This final rule amends The Office of Inspector General's
Freedom of Information Act (FOIA) regulation, and implements the
statutory requirements of the Electronic Freedom of Information Act
(EFOIA). This final rule follows publication of a March 12, 2002,
proposed rule. There were no comments on the proposed rule and HUD is
adopting the proposed regulatory amendments without change.
DATES: Effective date: August 16, 2002.
FOR FURTHER INFORMATION CONTACT: Bryan Saddler, Counsel to the
Inspector General, Department of Housing and Urban Development, 451
Seventh Street, SW, Room 8260, Washington, DC 20410, (202) 708-1613
(this is not a toll-free number). A telecommunications device for
hearing- and speech-impaired persons (TTY) is available at 1-800-877-
8339 (Federal Information Relay Services.
SUPPLEMENTARY INFORMATION:
Background
HUD regulations at 24 CFR part 15 contain the policies and
procedures governing public access to HUD records under the FOIA. Under
the Inspector General Act of 1978 (5 U.S.C. App.3), which ``create
independent and objective units'' to perform various investigative and
monitoring functions within Executive agencies of the Federal
Government, the Office of the Inspector General (OIG) issued 24 CFR
part 2002, to explain the procedures for requesting information from
the OIG under the FOIA.
On March 12, 2002, HUD published (67 FR 11208) a proposed rule that
amends 24 CFR part 2002. Specifically, the proposed rule implements the
statutory requirements of the Electronic Freedom of Information Act
(EFOIA) (Pub. L. 104-231). Among other things, the proposed rule
provides for an electronic reading room, modifies the FOIA timeframes,
and establishes multiple ``tracks'' for processing requests.
This final rule adopts the revisions in HUD's March 12, 2002,
proposed rule in their entirety. The public comment period for the
proposed rule closed on May 13, 2002. HUD did not receive any public
comments on the proposed rule. As a result, HUD is adopting the March
12, 2002, proposed rule without change.
Findings and Certifications
Environmental Review
This final rule does not direct, provide for assistance or loan and
mortgage insurance for, or otherwise govern or regulate real property
acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction, or establish, revise, or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this
issuance is categorically excluded from environmental review under the
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321).
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this final rule before publication and by
approving it certifies that this rule does not have a significant
economic impact on a substantial number of small entities. This final
rule contains no anti-competitive discriminatory aspects with regard to
small entities nor are there any unusual procedures that would need to
be complied with by small entities.
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits, to the
extent practicable and permitted by law, an agency from promulgating a
regulation that has federalism implications and either imposes
substantial direct compliance costs on State and local governments and
is not required by statute, or preempts State law, unless the relevant
requirements of section 6 of the Executive Order are met. This rule
does not have federalism implications and does not impose substantial
direct compliance costs on State and local governments or preempt State
law within the meaning of the Executive Order. Rather, this rule would
amend OIG's FOIA regulation and implement the statutory requirements of
EFOIA.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538) establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. This final rule does not impose any
Federal mandates on any State, local, or tribal governments or the
private sector within the meaning of the Unfunded Mandates Reform Act
of 1995.
List of Subjects in 24 CFR Part 2002
Freedom of Information.
Accordingly, 24 CFR chapter XII, Part 2002, is amended as follows:
PART 2002--AVAILABILITY OF INFORMATION TO THE PUBLIC
1. The authority citation for part 2002 is revised to read as
follows:
Authority: 5 U.S.C. 552; Electronic Freedom of Information Act
(Pub. L. 104-231); Freedom of Information Reform Act of 1986 (Pub.
L. 99-579); 5 U.S.C. App. 3 (Inspector General Act of 1978); 42
U.S.C. 3535(d); Delegation of Authority, Jan. 9, 1981 (46 FR 2389).
2. Section 2002.1 is revised to read as follows:
Sec. 2002.1 Scope of the part and applicability of other HUD
regulations.
(a) General. This part contains the regulations of the Office of
Inspector General which implement the Freedom of Information Act (5
U.S.C. 552). It informs the public how to request records and
information from the Office of Inspector General and explains the
procedure to use if a request is denied. Requests for documents made by
subpoena or other order are governed by procedures contained in part
2004 of this chapter. In addition to the regulations in this part, the
following provisions of part 15 of this title covering the production
or disclosure of material or information apply (except as limited in
paragraph (b) of this section) to the production or disclosure of
material in the possession of the Office of Inspector General:
Sec. 15.2--What definitions apply to this part?
Sec. 15.3--What exemptions are authorized by 5 U.S.C. 552?;
Sec. 15.108--What are HUD's policies concerning designating
confidential commercial or financial information under Exemption 4 of
the FOIA and responding to requests for business information?
Sec. 15.110--What fees will HUD charge?
(b) Limited applicability of section 15.110. For purposes of this
part, paragraphs (d) through (k) of Sec. 15.110 are not applicable.
(c) Use of the term ``HUD''. For purposes of this part, and when
the words ``HUD'' or ``Department'' are used in this part or
Secs. 15.2(b), 15.3, 15.108 and 15.110 of this title, the term means
the Office of the Inspector General.
(d) Request for declassification and release of classified
material. Section
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15.107 of this title contains provisions for requesting
declassification and release of declassified material.
3. Section 2002.3 is revised to read as follows:
Sec. 2002.3 OIG's overall policy concerning discloseable records and
requests for OIG records.
(a) The Office of Inspector General will fully and responsibly
disclose its identifiable records and information consistent with
competing public interests, such as national security, personal
privacy, grand jury and investigative secrecy, complainant
confidentiality, agency deliberative process, as are recognized by FOIA
and other federal statutes.
(b) A request for Office of Inspector General records may be made
in person during normal business hours at any office where Office of
Inspector General employees are permanently stationed. Although oral
requests may be honored, a requester may be asked to submit the request
in writing. A written request shall be addressed to: The Office of
Inspector General, Department of Housing and Urban Development, 451
Seventh Street, SW, Room 8260, Washington, DC 20410.
(c) Each request must reasonably describe the desired record
including the name, subject matter, and number or date, where possible,
so that the record may be identified and located. The request should
also include the name, address and telephone number of the requester,
and the format in which the requester would like the desired record to
be reproduced. In order to enable the Office of Inspector General to
comply with the time limitations set forth in Sec. 2002.17, both the
envelope containing a written request and the letter itself should
clearly indicate that the subject is a Freedom of Information Act
request.
(d) The request must be accompanied by the fee or an offer to pay
the fee as determined in Sec. 15.110.
(e) Copies of available records will be made as promptly as
possible. Copying service will be limited to not more than 10 copies of
any single page. Records that are published or available for sale need
not be reproduced.
(f) To the extent that records are readily reproducible, the Office
of Inspector General will send records in the form requested, including
electronic format.
4. Section 2002.7 is revised to read as follows:
Sec. 2002.7 OIG processing of requests.
(a) Multitracking. (1) The Office of Inspector General places each
request in one of two tracks. The Office of Inspector General places
requests in its simple or complex track based on the amount of work and
time involved in processing the request. Factors the Office of
Inspector General will consider in assigning a request in the simple or
complex track will include whether the request involves the processing
of voluminous documents and/or whether the request involves responsive
documents from more than one organizational unit. Within each track,
the Office of Inspector General processes requests in the order in
which they are received.
(2) For requests that have been sent to the wrong office, the
Office of Inspector General will assign the request within each track
using the earlier of either:
(i) The date on which the request was referred to the appropriate
office; or, (ii) The end of the ten (10) working day period in which
the request should have been referred to the appropriate office.
(b) Expedited processing. The Office of Inspector General may take
your request or appeal out of normal order if the Office of Inspector
General determines that you have a compelling need for the records or
in other cases as determined by the Office of Inspector General. If the
Office of Inspector General grants your request for expedited
processing, the Office of Inspector General will give your request
priority and will process it as soon as practicable. The Office of
Inspector General will consider a compelling need to exist if:
(1) Your failure to obtain the requested records on an expedited
basis could reasonably be expected to pose an imminent threat to the
life or physical safety of an individual or a threatened loss of
substantial due process rights; or, (2) You are primarily engaged in
disseminating information and there is an urgency to inform the public
concerning actual or alleged Federal Government activity.
5. Section 2002.9 is revised to read as follows:
Sec. 2002.9 Where to review records.
(a) You may inspect and copy hardcopy records that section
552(a)(2) of FOIA requires the Office of Inspector General make
available to the public in reading rooms. At the Headquarters and DC
Offices, this would be at HUD's Library, Room 8141, 451 Seventh St.,
SW, Washington, DC 20410, and should be coordinated through Counsel's
Office to the Inspector General, Room 8260. Local offices may
coordinate for local requests.
(b) For records created on or after November 1, 1996, this
information is available to you through the Office of Inspector
General's Internet website at http://www.hud.gov/oig/oigindex.html.
6. In Sec. 2002.11, paragraph (a) is revised to read as follows:
Sec. 2002.11 Review of records, aggregating requests and waiving or
reducing fees.
(a) Review of records. Only requesters who are seeking documents
for commercial use may be charged for the time HUD spends reviewing
records to determine whether they are exempt from mandatory disclosure.
Charges may be assessed only for the initial review (i.e., the review
undertaken the first time HUD analyzes the applicability of a specific
exemption to a particular record or portion of a record). HUD will not
charge for review at the administrative appeal level of an exemption
already applied. However, records or portions of records withheld in
full under an exemption which is subsequently determined not to apply
may be reviewed again to determine the applicability of other
exemptions not previously considered. The costs for such a subsequent
review would be properly assessable. Review time will be assessed at
the same rates established for search time in Sec. 15.110 of this
title.
* * * * *
7. In Sec. 2002.15, paragraph (b) is revised to read as follows:
Sec. 2002.15 Advance Payments.
* * * * *
(b) When HUD acts under paragraph (a)(1) or (a)(2) of this section,
the administrative time limits prescribed in subsection (a)(6) of the
FOIA (i.e., 20 working days from receipt of initial requests and 20
working days from receipt of appeals from initial denial, plus
permissible extensions of these time limits) will begin only after HUD
has received fee payments described in paragraph (a) of this section.
8. In Sec. 2002.17, paragraph (a) is revised to read as follows:
Sec. 2002.17 Time limitations.
(a) Upon receipt of a request for records, the appropriate
Assistant Inspector General or an appointed designee will determine
within twenty (20) working days whether to grant the request. The
Assistant Inspector General or designee will notify the requestor
immediately in writing of the determination and the right of the person
to request a review by the Inspector General of an adverse
determination.
* * * * *
9. Sections 2002.5, 2002.13, 2002.19, 2002.21, 2002.23 and 2002.25
shall remain as they currently exist.
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Dated: July 8, 2002.
Kenneth M. Donohue, Sr.,
Inspector General.
[FR Doc. 02-17929 Filed 7-16-02; 8:45 am]
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