Skip to content
LexBuild

Technical Amendment: Freedom of Information Act Policies and Procedures

---
identifier: "/us/fr/2023-18866"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Technical Amendment: Freedom of Information Act Policies and Procedures"
title_number: 0
title_name: "Federal Register"
section_number: "2023-18866"
section_name: "Technical Amendment: Freedom of Information Act Policies and Procedures"
positive_law: false
currency: "2023-08-31"
last_updated: "2023-08-31"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Trade Representative, Office of United States"
document_number: "2023-18866"
document_type: "rule"
publication_date: "2023-08-31"
agencies:
  - "Trade Representative, Office of United States"
cfr_references:
  - "15 CFR Part 2004"
rin: "0350-AA13"
fr_citation: "88 FR 60117"
fr_volume: 88
effective_date: "2023-10-02"
fr_action: "Adoption of interim rule as final."
---

#  Technical Amendment: Freedom of Information Act Policies and Procedures

**AGENCY:**

Office of the United States Trade Representative (USTR).

**ACTION:**

Adoption of interim rule as final.

**SUMMARY:**

This final rule adopts, without change, an interim final rule with a request for comments published in the *Federal Register* on July 25, 2023, that made a minor technical change to the USTR Freedom of Information Act (FOIA) regulation.

**DATES:**

Effective October 2, 2023.

**FOR FURTHER INFORMATION CONTACT:**

Janice Kaye or Monique Ricker at *[email protected]* or 202-395-3150.

**SUPPLEMENTARY INFORMATION:**

**I. Technical Change**

On July 25, 2023, USTR published an interim final rule that made a technical change to § 2004.6 of the USTR FOIA regulation to align it with the statute and Office of Information Policy guidance about the compelling circumstances under which an agency must grant expedited processing. *See* 88 FR 47772. Although the interim final rule was effective upon publication, USTR provided a 30-day comment period, which ended on August 24, 2023. USTR did not receive any comments and is adopting the interim final rule without any changes.

**II. Regulatory Flexibility Act**

USTR considered the impact of this rule and determined that it will not have a significant economic impact on a substantial number of small business entities because it applies only to USTR's internal operations and legal obligations. 5 U.S.C. 605(b).

**III. Paperwork Reduction Act**

The final rule does not contain any information collection requirement that requires the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ).

**IV. Administrative Procedure Act (APA)**

On July 25, 2023, USTR published an interim final rule (88 FR 47772) and determined that there was a basis under the Administrative Procedure Act for issuing the interim final rule with immediate effect. USTR provided a 30-day comment period, which ended on August 24, 2023. USTR did not receive any comments and is adopting the provisions of the interim final rule as a final rule with no changes.

**List of Subjects in 15 CFR Part 2004**

Administrative practice and procedure, Courts, Disclosure, Exemptions, Freedom of information, Government employees, Privacy, Records, Subpoenas, Testimony.

**PART 2004—DISCLOSURE OF RECORDS AND INFORMATION**

**15 CFR Part 2004**

Accordingly, the interim final rule published in the *Federal Register* on July 25, 2023, at 88 FR 47772, amending 15 CFR part 2004, is adopted as a final rule without change.

Janice Kaye,

Chief FOIA Officer, Office of the United States Trade Representative.