Letter to William Thomas 2/10/93

Office of Management and Budget
Washington, D.C. 20500

February 10, 1993

William Thomas
P.O. Box 27217
Washington, DC 20038

Dear Mr. Thomas:

This is in response to your Freedom of Information Act (FOIA) request dated January 15, 1993, which was received in this office on January 21, 1993.

You request a copy of the Forest Service's draft proposed rule amending 36 CFR 251 and 261 concerning public gatherings on Forest Service land. This draft rule is currently at OMB's Office of Information and Regulatory Affairs (OIRA) for review under Executive Order No. 12291. It is a predecisional document, the disclosure of which would chill the free and frank exchange of views within the Executive branch. Consequently, we are withholding this document under exemption (b)(5) of FOIA.

Let me point out that once this proposed rule is published for comment in the Federal Register, the draft currently under OMB review will be available to you. In 1986, OIRA adopted procedures regarding the disclosure of certain documents associated with Executive order review. We have enclosed a copy of these procedures for your information. Once a proposed rule has been published in the Federal Register, OIRA will provide a copy of the draft proposal and certain other documents when so requested in writing (see the enclosed procedures, "New Procedures" #1 and #3).

This is my personal decision which may be appealed pursuant to OMB regulations codified in Title 5, Code of Federal Regulations, Part 1303.


Darrell A. Johnson
Deputy Assistant Director for Administration

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