82_FR_37699 82 FR 37545 - Public Availability of Government Accountability Office Records

82 FR 37545 - Public Availability of Government Accountability Office Records

GOVERNMENT ACCOUNTABILITY OFFICE

Federal Register Volume 82, Issue 154 (August 11, 2017)

Page Range37545-37546
FR Document2017-16986

These proposed revisions would clarify procedures to obtain Government Accountability Office (GAO) records. Specifically, the proposed revisions would add procedures for requesting records of GAO's Office of Inspector General. The proposed revisions would also clarify that documents prepared by GAO or GAO's Office of Inspector General for referral to another agency for law enforcement purposes are not subject to the regulations in this Part. The existing regulatory language on this point is imprecise.

Federal Register, Volume 82 Issue 154 (Friday, August 11, 2017)
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Proposed Rules]
[Pages 37545-37546]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16986]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / 
Proposed Rules

[[Page 37545]]



GOVERNMENT ACCOUNTABILITY OFFICE

4 CFR Part 81


Public Availability of Government Accountability Office Records

AGENCY: Government Accountability Office.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: These proposed revisions would clarify procedures to obtain 
Government Accountability Office (GAO) records. Specifically, the 
proposed revisions would add procedures for requesting records of GAO's 
Office of Inspector General. The proposed revisions would also clarify 
that documents prepared by GAO or GAO's Office of Inspector General for 
referral to another agency for law enforcement purposes are not subject 
to the regulations in this Part. The existing regulatory language on 
this point is imprecise.

DATES: Comments must be received on or before September 25, 2017.

ADDRESSES: Comments may be submitted by any of the following methods:
    Email: [email protected].
    Mail: Government Accountability Office, Office of the General 
Counsel, Attn: Legal Services, Room 7838, 441 G Street NW., Washington, 
DC 20548.

FOR FURTHER INFORMATION CONTACT: John A. Bielec, Assistant General 
Counsel, 202-512-2846.

SUPPLEMENTARY INFORMATION: GAO is not subject to the Administrative 
Procedure Act and accordingly is not required by law to seek comments 
before issuing a final rule. However, GAO has decided to invite 
interested persons to participate in this rulemaking by submitting 
written comments regarding the proposed revisions. Application of the 
Administrative Procedure Act to GAO is not to be inferred from this 
invitation for comments.
    GAO will consider all comments received on or before the closing 
date for comments. GAO may change the proposed revisions based on the 
comments received.
    GAO proposes to amend section 81.2 by specifically providing that 
GAO's Office of Inspector General (OIG) will process any requests under 
this Part for OIG records. The OIG, which was established by statute in 
2008, audits and investigates matters related to GAO's operations. The 
OIG executes its responsibilities independently of and free from 
interference or control by any other office or body within GAO. In 
keeping with and to best preserve this independence, the OIG itself 
should process requests for its records. In doing so, consistent with 
its independent role and section 81.5(a), when the OIG receives a 
request for records that originated in GAO, the OIG will refer the 
requester to GAO. These revisions would provide that with respect to 
any request for OIG records, throughout this Part the term ``Counsel to 
the Inspector General'' would be substituted for ``Chief Quality 
Officer'' and the term ``Inspector General'' would be substituted for 
``Comptroller General''.
    In addition, paragraph 81.6(g) would be amended to clarify that 
documents prepared by GAO for referral to another agency for law 
enforcement purposes are exempt from the procedures in this Part. 
Paragraph 81.6(g) currently provides that records that GAO has already 
provided to another agency for law enforcement purposes are exempt. 
However, paragraph 81.6(g) does not specifically address requests for 
records that GAO, including the OIG, created for referral to another 
agency for law enforcement purposes, but has not yet provided to 
another agency. For instance, during an investigation into possible 
criminal activity, the GAO OIG creates documents that may be forwarded 
to another agency for law enforcement purposes at the conclusion of the 
OIG's investigation. The current regulations are unclear as to whether 
such records, which have not yet been forwarded to another agency, 
would be subject to this Part if requested before the conclusion of the 
investigation. The proposed changes would clarify that records compiled 
for referral to another agency for law enforcement purposes are exempt 
from this Part.

List of Subjects in 4 CFR Part 81

    Administrative practice and procedure, Archives and records, 
Freedom of information, Requests for records.
    For the reasons stated in the preamble, the Government 
Accountability Office proposes to amend 4 CFR part 81 as follows:

PART 81--PUBLIC AVAILABILITY OF GOVERNMENT ACCOUNTABILITY OFFICE 
RECORDS

0
1. The authority citation for part 81 continues to read as follows:

    Authority:  31 U.S.C. 711.

0
2. Amend Sec.  81.2 as follows:
0
a. redesignate the existing text as paragraph (a);
0
b. add paragraph (b) to read as follows:


Sec.  81.2  Administration.

* * * * *
    (b) Requests for records of GAO's Office of Inspector General (OIG) 
shall be processed by the Counsel to the Inspector General in 
accordance with this Part. The Inspector General will decide any 
administrative appeals of decisions of the Counsel to the Inspector 
General concerning such requests. Accordingly, with regard to any 
public request to inspect or copy records of the OIG, in this Part the 
term ``Counsel to the Inspector General'' is to be substituted for 
``Chief Quality Officer'' and the term ``Inspector General'' is to be 
substituted for ``Comptroller General''. All requests to inspect or 
obtain a copy of an identifiable record of the OIG must be submitted in 
writing to the Counsel to the Inspector General, U.S. Government 
Accountability Office, Suite 1808, 441 G Street NW., Washington, DC 
20548 or emailed to [email protected].
0
3. Amend Sec.  81.6 by revising paragraph (g) to read as follows:


Sec.  81.6  Records which may be exempt from disclosure.

* * * * *
    (g) Records compiled for law enforcement purposes that originate in 
another agency, or records prepared for referral to and/or provided by 
GAO or the OIG to another agency for law enforcement purposes.
* * * * *


[[Page 37546]]


    Dated July 27, 2017.
Susan A. Poling,
General Counsel.
[FR Doc. 2017-16986 Filed 8-10-17; 8:45 am]
 BILLING CODE 1610-02-P



                                                                                                                                                                                                        37545

                                                      Proposed Rules                                                                                                Federal Register
                                                                                                                                                                    Vol. 82, No. 154

                                                                                                                                                                    Friday, August 11, 2017



                                                      This section of the FEDERAL REGISTER                       GAO will consider all comments                     List of Subjects in 4 CFR Part 81
                                                      contains notices to the public of the proposed          received on or before the closing date
                                                      issuance of rules and regulations. The                                                                          Administrative practice and
                                                                                                              for comments. GAO may change the                      procedure, Archives and records,
                                                      purpose of these notices is to give interested          proposed revisions based on the
                                                      persons an opportunity to participate in the                                                                  Freedom of information, Requests for
                                                                                                              comments received.                                    records.
                                                      rule making prior to the adoption of the final
                                                      rules.                                                     GAO proposes to amend section 81.2                   For the reasons stated in the
                                                                                                              by specifically providing that GAO’s                  preamble, the Government
                                                                                                              Office of Inspector General (OIG) will                Accountability Office proposes to
                                                      GOVERNMENT ACCOUNTABILITY                               process any requests under this Part for              amend 4 CFR part 81 as follows:
                                                      OFFICE                                                  OIG records. The OIG, which was
                                                                                                              established by statute in 2008, audits                PART 81—PUBLIC AVAILABILITY OF
                                                      4 CFR Part 81                                           and investigates matters related to                   GOVERNMENT ACCOUNTABILITY
                                                                                                              GAO’s operations. The OIG executes its                OFFICE RECORDS
                                                      Public Availability of Government
                                                      Accountability Office Records                           responsibilities independently of and
                                                                                                              free from interference or control by any              ■ 1. The authority citation for part 81
                                                      AGENCY:    Government Accountability                    other office or body within GAO. In                   continues to read as follows:
                                                      Office.                                                 keeping with and to best preserve this                    Authority: 31 U.S.C. 711.
                                                      ACTION:   Proposed rule.                                independence, the OIG itself should
                                                                                                                                                                    ■ 2. Amend § 81.2 as follows:
                                                                                                              process requests for its records. In doing
                                                                                                              so, consistent with its independent role              ■ a. redesignate the existing text as
                                                      SUMMARY:    These proposed revisions
                                                                                                                                                                    paragraph (a);
                                                      would clarify procedures to obtain                      and section 81.5(a), when the OIG
                                                                                                                                                                    ■ b. add paragraph (b) to read as
                                                      Government Accountability Office                        receives a request for records that
                                                      (GAO) records. Specifically, the                        originated in GAO, the OIG will refer                 follows:
                                                      proposed revisions would add                            the requester to GAO. These revisions                 § 81.2   Administration.
                                                      procedures for requesting records of                    would provide that with respect to any                *      *    *      *    *
                                                      GAO’s Office of Inspector General. The                  request for OIG records, throughout this                 (b) Requests for records of GAO’s
                                                      proposed revisions would also clarify                   Part the term ‘‘Counsel to the Inspector              Office of Inspector General (OIG) shall
                                                      that documents prepared by GAO or                       General’’ would be substituted for                    be processed by the Counsel to the
                                                      GAO’s Office of Inspector General for                   ‘‘Chief Quality Officer’’ and the term                Inspector General in accordance with
                                                      referral to another agency for law                      ‘‘Inspector General’’ would be                        this Part. The Inspector General will
                                                      enforcement purposes are not subject to                 substituted for ‘‘Comptroller General’’.              decide any administrative appeals of
                                                      the regulations in this Part. The existing                 In addition, paragraph 81.6(g) would               decisions of the Counsel to the Inspector
                                                      regulatory language on this point is                    be amended to clarify that documents                  General concerning such requests.
                                                      imprecise.                                              prepared by GAO for referral to another               Accordingly, with regard to any public
                                                      DATES:  Comments must be received on                    agency for law enforcement purposes                   request to inspect or copy records of the
                                                      or before September 25, 2017.                           are exempt from the procedures in this                OIG, in this Part the term ‘‘Counsel to
                                                      ADDRESSES: Comments may be                              Part. Paragraph 81.6(g) currently                     the Inspector General’’ is to be
                                                      submitted by any of the following                       provides that records that GAO has                    substituted for ‘‘Chief Quality Officer’’
                                                      methods:                                                already provided to another agency for                and the term ‘‘Inspector General’’ is to
                                                        Email: bielecj@gao.gov.                               law enforcement purposes are exempt.                  be substituted for ‘‘Comptroller
                                                                                                              However, paragraph 81.6(g) does not                   General’’. All requests to inspect or
                                                        Mail: Government Accountability
                                                                                                              specifically address requests for records             obtain a copy of an identifiable record
                                                      Office, Office of the General Counsel,
                                                                                                              that GAO, including the OIG, created for              of the OIG must be submitted in writing
                                                      Attn: Legal Services, Room 7838, 441 G
                                                                                                              referral to another agency for law                    to the Counsel to the Inspector General,
                                                      Street NW., Washington, DC 20548.
                                                                                                              enforcement purposes, but has not yet                 U.S. Government Accountability Office,
                                                      FOR FURTHER INFORMATION CONTACT: John                   provided to another agency. For                       Suite 1808, 441 G Street NW.,
                                                      A. Bielec, Assistant General Counsel,                   instance, during an investigation into                Washington, DC 20548 or emailed to
                                                      202–512–2846.                                           possible criminal activity, the GAO OIG               oighotline@.gov.
                                                      SUPPLEMENTARY INFORMATION: GAO is                       creates documents that may be                         ■ 3. Amend § 81.6 by revising paragraph
                                                      not subject to the Administrative                       forwarded to another agency for law                   (g) to read as follows:
                                                      Procedure Act and accordingly is not                    enforcement purposes at the conclusion
                                                      required by law to seek comments                        of the OIG’s investigation. The current               § 81.6 Records which may be exempt from
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                                                                                                                                    disclosure.
                                                      before issuing a final rule. However,                   regulations are unclear as to whether
                                                      GAO has decided to invite interested                    such records, which have not yet been                 *     *      *   *     *
                                                      persons to participate in this rulemaking               forwarded to another agency, would be                   (g) Records compiled for law
                                                      by submitting written comments                          subject to this Part if requested before              enforcement purposes that originate in
                                                      regarding the proposed revisions.                       the conclusion of the investigation. The              another agency, or records prepared for
                                                      Application of the Administrative                       proposed changes would clarify that                   referral to and/or provided by GAO or
                                                      Procedure Act to GAO is not to be                       records compiled for referral to another              the OIG to another agency for law
                                                      inferred from this invitation for                       agency for law enforcement purposes                   enforcement purposes.
                                                      comments.                                               are exempt from this Part.                            *     *      *   *     *


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                                                      37546                    Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Proposed Rules

                                                        Dated July 27, 2017.                                  conditions. The proposed requirements                 DEPARTMENT OF TRANSPORTATION
                                                      Susan A. Poling,                                        were intended to ensure that the pork
                                                      General Counsel.                                        and pork products were derived from                   Federal Aviation Administration
                                                      [FR Doc. 2017–16986 Filed 8–10–17; 8:45 am]             swine housed on farms that met strict
                                                      BILLING CODE 1610–02–P                                  biosanitary standards and were not                    14 CFR Part 39
                                                                                                              subject to contamination by means of                  [Docket No. FAA–2017–0766; Product
                                                                                                              commingling with animals or animal                    Identifier 2017–NM–046–AD]
                                                      DEPARTMENT OF AGRICULTURE                               products that did not meet our                        RIN 2120–AA64
                                                                                                              requirements.
                                                      Animal and Plant Health Inspection                                                                            Airworthiness Directives; The Boeing
                                                                                                                 We solicited comments concerning
                                                      Service                                                                                                       Company Airplanes
                                                                                                              our proposal for 60 days ending
                                                                                                              September 29, 2014. We received 10                    AGENCY: Federal Aviation
                                                      9 CFR Part 94
                                                                                                              comments by that date. They were from                 Administration (FAA), DOT.
                                                      [Docket No. APHIS–2013–0061]                            producers’ associations, the Government               ACTION: Notice of proposed rulemaking
                                                      RIN 0579–AD96                                           of Mexico, and individuals. The                       (NPRM).
                                                                                                              commenters addressed a number of
                                                      Restrictions on the Importation of                      issues, including the possible CSF risk               SUMMARY:    We propose to adopt a new
                                                      Fresh Pork and Pork Products From a                     posed by allowing such imports, our                   airworthiness directive (AD) for all The
                                                      Region in Mexico                                        plans for implementing and enforcing                  Boeing Company Model 737–100, –200,
                                                                                                              the provisions of the proposed rule, and              –200C, –300, –400, and –500 series
                                                      AGENCY:  Animal and Plant Health                                                                              airplanes. This proposed AD was
                                                      Inspection Service, USDA.                               whether our requirements for imports
                                                                                                              from the proposed CSF low-risk region                 prompted by an evaluation by the
                                                      ACTION: Proposed rule; withdrawal.                                                                            design approval holder (DAH)
                                                                                                              in Mexico were equivalent to those in
                                                      SUMMARY:   We are withdrawing a                         place for the existing CSF low-risk                   indicating that the gore web lap splices
                                                      proposed rule that would have defined                   region in the European Union.                         of the aft pressure bulkhead are subject
                                                      a low-risk classical swine fever region in                                                                    to widespread fatigue damage (WFD).
                                                                                                                 In 2015, the World Organization for                This proposed AD would require
                                                      Mexico from which we would have                         Animal Health recognized Mexico as
                                                      allowed the importation of fresh pork                                                                         repetitive inspections of the gore webs,
                                                                                                              CSF-free. The Government of Mexico                    gore web lap splices, and repair webs,
                                                      and pork products into the United
                                                                                                              then requested that APHIS suspend its                 as applicable, of the aft pressure
                                                      States under certain conditions. We are
                                                                                                              rulemaking and instead continue                       bulkhead, and applicable on-condition
                                                      taking this action after reopening our
                                                                                                              evaluating Mexico for CSF status.                     actions. We are proposing this AD to
                                                      risk evaluation of the classical swine
                                                      fever status of Mexico using updated                       In response to that request, APHIS                 address the unsafe condition on these
                                                      information.                                            reopened its evaluation of the CSF                    products.
                                                      DATES: As of August 11, 2017, the
                                                                                                              status of Mexico, conducting a site visit             DATES: We must receive comments on
                                                      proposed rule published on July 29,                     in 2015. Findings from the resulting                  this proposed AD by September 25,
                                                      2014, at 79 FR 43974, is withdrawn.                     2015 site visit report, along with                    2017.
                                                      FOR FURTHER INFORMATION CONTACT: Dr.
                                                                                                              updated surveillance data and                         ADDRESSES: You may send comments,
                                                      Chip Wells, Senior Staff Veterinarian,                  information submitted by the                          using the procedures found in 14 CFR
                                                      Regionalization Evaluation Services,                    Government of Mexico, led APHIS to                    11.43 and 11.45, by any of the following
                                                      National Import Export Services, VS,                    determine that concerns identified in                 methods:
                                                      APHIS, USDA, 4700 River Road Unit 38,                   the earlier risk assessment that                        • Federal eRulemaking Portal: Go to
                                                      Riverdale, MD 20737–1231;                               supported the July 2014 proposed rule                 http://www.regulations.gov. Follow the
                                                      Chip.J.Wells@aphis.usda.gov; (301) 851–                 had been addressed and that current                   instructions for submitting comments.
                                                      3317.                                                   conditions would support CSF-free                       • Fax: 202–493–2251.
                                                                                                              recognition for all of Mexico.                          • Mail: U.S. Department of
                                                      SUPPLEMENTARY INFORMATION: On July
                                                                                                                                                                    Transportation, Docket Operations, M–
                                                      29, 2014, we published in the Federal                      Therefore, we are withdrawing the                  30, West Building Ground Floor, Room
                                                      Register (79 FR 43974–43980, Docket                     July 29, 2014, proposed rule referenced               W12–140, 1200 New Jersey Avenue SE.,
                                                      No. APHIS–2013–0061) a proposal 1 to                    above.                                                Washington, DC 20590.
                                                      amend the regulations by recognizing a                                                                          • Hand Delivery: Deliver to Mail
                                                                                                                Authority: 7 U.S.C. 450, 7701–7772, 7781–
                                                      new Animal and Plant Health                                                                                   address above between 9 a.m. and 5
                                                                                                              7786, and 8301–8317; 21 U.S.C. 136 and
                                                      Inspection Service (APHIS)-defined                                                                            p.m., Monday through Friday, except
                                                                                                              136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
                                                      low-risk classical swine fever (CSF)                                                                          Federal holidays.
                                                                                                              371.4.
                                                      region that would consist of all Mexican                                                                        For service information identified in
                                                      States except the nine States we                         Done in Washington, DC, August 7, 2017.
                                                                                                                                                                    this NPRM, contact Boeing Commercial
                                                      currently recognize as CSF-free and the                 Michael C. Gregoire,                                  Airplanes, Attention: Contractual & Data
                                                      State of Chiapas, which we did not                      Acting Administrator, Animal and Plant                Services (C&DS), 2600 Westminster
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      propose to recognize as CSF-free or low                 Health Inspection Service.                            Blvd., MC 110–SK57, Seal Beach, CA
                                                      risk. We proposed to allow imports of                   [FR Doc. 2017–16980 Filed 8–10–17; 8:45 am]           90740–5600; telephone 562–797–1717;
                                                      pork and pork products from the                         BILLING CODE 3410–34–P                                Internet https://
                                                      APHIS-defined Mexican CSF region into                                                                         www.myboeingfleet.com. You may view
                                                      the United States under certain                                                                               this referenced service information at
                                                        1 To view the proposed rule, supporting
                                                                                                                                                                    the FAA, Transport Standards Branch,
                                                      documents, and the comments we received, go to
                                                                                                                                                                    1601 Lind Avenue SW., Renton, WA.
                                                      http://www.regulations.gov/                                                                                   For information on the availability of
                                                      #!docketDetail;D=APHIS-2013-0061.                                                                             this material at the FAA, call 425–227–


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Document Created: 2018-10-24 11:46:41
Document Modified: 2018-10-24 11:46:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before September 25, 2017.
ContactJohn A. Bielec, Assistant General Counsel, 202-512-2846.
FR Citation82 FR 37545 
CFR AssociatedAdministrative Practice and Procedure; Archives and Records; Freedom of Information and Requests for Records

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