80 FR 37997 - Amendments to Regulations Governing Access to Commission Information and Records; Freedom of Information Act
FEDERAL MARITIME COMMISSION Federal Register Volume 80, Issue 127 (July 2, 2015)
Federal Register Volume 80, Issue 127 (July 2, 2015)
| Page Range | 37997-38001 | |
| FR Document | 2015-16101 |
[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)] [Rules and Regulations] [Pages 37997-38001] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16101] ======================================================================= ----------------------------------------------------------------------- FEDERAL MARITIME COMMISSION 46 CFR Part 503 [Docket No. 15-05] [RIN 3072-AC60] Amendments to Regulations Governing Access to Commission Information and Records; Freedom of Information Act AGENCY: Federal Maritime Commission. ACTION: Direct final rule; and request for comments. ----------------------------------------------------------------------- SUMMARY: The Federal Maritime Commission amends its regulations governing access to Commission information and records and its regulations implementing the Freedom of Information Act (FOIA). The revisions update and consolidate the provisions identifying records available without the need for a FOIA request, including records available on the Commission's public Web site; revise [[Page 37998]] response time procedures for processing FOIA requests; affirmatively indicate that the Commission uses a multitrack system for processing FOIA requests; and modify the criteria for a FOIA request to qualify for expedited processing. DATES: This rule is effective without further action on September 1, 2015, unless significant adverse comment is received by August 3, 2015. If significant adverse comment is received, the Federal Maritime Commission will publish a timely withdrawal of the rule in the Federal Register. ADDRESSES: You may submit comments, identified by the docket number in the heading of this document, by any of the following methods:Email: [email protected]. Include in the subject line: ``Docket No. 15-05, Comments on Amendments to Regulations Governing Access to Commission Information and Records; Freedom of Information Act.'' Comments should be attached to the email as a Microsoft Word or text-searchable PDF document. Comments containing confidential information should not be submitted by email. Mail: Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001. Docket: For access to the docket to read background documents or comments received, go to: http://www.fmc.gov/15-05/. FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001. Phone: (202) 523-5725. Email: [email protected]. SUPPLEMENTARY INFORMATION: The Federal Maritime Commission amends its regulations governing access to Commission information and records and its regulations implementing the Freedom of Information Act, 5 U.S.C. 552, found in part 503 of title 46 of the Code of Federal Regulations. The provisions in part 503 are designed to facilitate public availability of information; thereby furthering the spirit of FOIA in ensuring an informed citizenry. The Commission last revised part 503 in 1998 to reflect requirements of the Electronic Freedom of Information Act Amendments of 1996 (Pub. L. 04-231). On December 31, 2007, the OPEN Government Act of 2007 (Pub. L. 110-175) amended procedural aspects of FOIA and established new agency requirements for processing FOIA requests. On October 28, 2009, the OPEN FOIA Act of 2009 (Pub. L. 110- 175) further amended FOIA. The amendments to part 503 update the Commission's regulations to reflect its practices and provisions of the OPEN Government Act of 2007 and the OPEN FOIA Act of 2009. The Commission is making the following revisions to the subparts of part 503: revise Subpart A--General, Statement of Policy to repurpose this subpart to state the purpose and scope of the rules contained in part 503; update Subpart B--Publication in the Federal Register to recognize that in addition to publishing records in the Federal Register, the Commission also posts records listed in this Subpart on its Web site (www.fmc.gov); revise Subpart C--Records, Information and Materials Generally Available to the Public Without Resort to Freedom of Information Act Procedures to describe records available to the public without the need for a FOIA request, including records available on the Commission's public Web site; amend Subpart D--Requests for Records under the Freedom of Information Act to include procedures for tolling response times, processing FOIA requests under the multitracking system, and expedited processing of FOIA requests; and revise Subpart H--Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings to amend a subpart reference. Subpart A--General The Commission revises the heading and language in Sec. 503.1 to use this section to describe the scope and purpose of the provisions contained in part 503. Specifically, the Commission changes the section heading from ``Statement of Policy'' to ``Scope and Purpose.'' The Commission also amends this section to include a list of the subparts contained in part 503. Subpart B--Publication in the Federal Register To promote greater access to information and records, the Commission amends and updates Sec. 503.11 to inform the public that the Commission posts records listed in this subpart on its Web site (www.fmc.gov), in addition to publishing these records in the Federal Register. Subpart C--Records, Information and Materials Generally Available to the Public Without Resort to Freedom of Information Act Procedures Sections 503.21 to 503.24 describe records available to the public without the need for a FOIA request. The Commission last revised these sections in 1998 and further revises these sections to reflect the availability of information on the Commission's Web site, eliminate outdated information, and remove duplicative language. Subpart D--Requests for Records Under the Freedom of Information Act Section 503.31 provides information on the process for requesting records. The Commission is adding a new paragraph encouraging requesters to review the records on the Commission's public Web site prior to initiating a FOIA request. In addition, the Commission amends this section to include requirements for submitting FOIA requests electronically. Tolling FOIA, as amended, allows an agency to make one reasonable request for information from the FOIA requester and stop, or toll, the 20-day clock for responding to a FOIA requester while the agency is waiting for the requested information from the FOIA requester. 5 U.S.C. 552(a)(6)(A)(ii)(I). Agencies may also toll the 20-day response clock as many times as necessary in order to clarify any issues with fee assessment. 5 U.S.C. 552(a)(6)(A)(ii)(II). Section 503.32 sets forth procedures for responding to requests made under FOIA. This section does not currently include a provision for tolling the statutory 20-day FOIA response period should the Commission need to contact the FOIA requestor to clarify or narrow the scope of the FOIA request. The Commission is adding language that would allow for tolling of response times to implement the Commission's authority to stop the 20-day clock should the Commission need information from the requestor or to clarify issues with fee assessment. The Commission is adding two new paragraphs, (b)(4) and (5) to Sec. 503.32 to reflect Commission processes used to work with a requestor to clarify or narrow the scope of a FOIA request, and to confirm that the requestor understands and authorizes the assessment of fees. The new paragraphs require the Commission to submit its request to clarify the scope of records requested or fee assessments in writing to the requestor. Multitrack Processing of Requests FOIA expressly authorizes agencies to promulgate regulations providing for ``multitrack processing'' of FOIA requests and allows agencies to process requests on a first-in, first-out basis within each track. 5 U.S.C. 552(a)(6)(D). During FY 2012, the Commission [[Page 37999]] initiated a multitrack processing system for FOIA requests to better manage and more efficiently respond to FOIA requests. The Commission revises Sec. 503.32(d) to reflect the Commission's current practices regarding multitrack processing of FOIA requests in which the Commission labels requests as either ``simple'' or ``complex''. The rephrasing of the section clarifies the Commission's current practices and provides that a request may be considered ``simple'' if the type of records being requested are routinely requested and readily available. Initiating a simple track process has permitted the Commission to respond to relatively simple requests more quickly than requests involving complex and/or voluminous records. Expedited Processing of Requests Section 503.32(e) currently provides for expedited processing of a FOIA request when (1) the person requesting the records can demonstrate a compelling need; or (2) in other cases, in the Secretary's discretion. The Commission deletes paragraph (2) from Sec. 503.32(e). This revision simplifies the Commission's criteria for determining which FOIA requests qualify for expedited processing and establish a practice consistent with other Federal agencies that only provide expedited processing when a ``compelling need'' can be demonstrated. To ensure timely responses to requests for expedited processing, the Commission revises Sec. 503.32(e)(4) to change ``working days'' to ``calendar days'' to coincide with FOIA. Annual Report The Commission must submit an annual report on its FOIA related activities to the Attorney General. The Commission revises Sec. 502.23 to reference the activities cited in FOIA, 5 U.S.C. 552(e), rather than list out all activities reported upon. Subpart I--Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings A technical revision and update of Sec. 503.87(b) accounts for a recent redesignation of subparts with the addition of new subpart E. Regulatory Analysis and Notices Regulatory Flexibility Act This direct final rule is not a ``major rule'' under 5 U.S.C. 804(2). No notice of proposed rulemaking is required; therefore, the provisions of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., do not apply. The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires an agency to review regulations to assess their impact on small entities and prepare an initial regulatory flexibility analysis (IRFA), unless the agency determines that a rule is not expected to have a significant impact on a substantial number of small entities. This rulemaking will affect only persons who file FOIA requests, and therefore, the Chairman certifies that this rulemaking will not have a significant or negative economic impact on a substantial number of small entities. Paperwork Reduction Act The Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521, requires an agency to seek and receive approval from the Office of Management and Budget (OMB) before making most requests for information if the agency is requesting information from more than ten persons. 44 U.S.C. 3507. The agency must submit collections of information in rules to OMB in conjunction with the publication of the rulemaking. 5 CFR 1320.11. The Commission is not proposing any collections of information, as defined by 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), as part of this rule. Regulation Identifier Number The Commission assigns a regulation identifier number (RIN) to each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda). The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. You may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda, available at: http://www.reginfo.gov/public/do/eAgendaMain. Direct Final Rule Justification The Commission expects the amendments to be noncontroversial. Therefore, pursuant to 5 U.S.C. 553, notice and comment are not required and this rule may become effective after publication in the Federal Register unless the Commission receives significant adverse comments within the specified period. The Commission recognizes that parties may have information that could impact the Commission's views and intentions with respect to the revised regulations, and the Commission intends to consider any comments filed. The Commission will withdraw the rule if it receives significant adverse comments. Filed comments that are not adverse may be considered for modifications to part 503 at a future date. If no significant adverse comment is received, the rule will become effective without additional action. List of Subjects in 46 CFR Part 503 Administrative practices and procedures, Archives and records, Classified information, Confidential business information, Freedom of information, Information, Privacy, Records, Reporting and recordkeeping requirements, Sunshine Act. For the reasons set forth in the preamble, the Federal Maritime Commission amends 46 CFR part 503 as follows: PART 503--PUBLIC INFORMATION 0 1. The authority citation for part 503 is revised to read: Authority: 5 U.S.C. 552, 552a, 552b, 553; 31 U.S.C. 9701; E.O. 13526, 75 FR 707, 3 CFR, 2009 Comp., p. 298. Subpart A--General 0 2. Revise Sec. 503.1 to read as follows: Sec. 503.1 Scope and purpose. This part implements the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended, the Privacy Act of 1974, 5 U.S.C. 552a, and the Government in the Sunshine Act (1976), 5 U.S.C. 552b; and sets forth the Commission's regulations governing: (a) Public availability of Commission information and records at its Office of the Secretary, published in the Federal Register, or posted on the Commission's public Web site (www.fmc.gov); (b) Procedures for requests for testimony by current or former FMC employees relating to official information and production of official Commission records in litigation; (c) The type of services and amount of fees charged for certain Commission services; and (d) The Commission's Information Security Program. Subpart B--Publication in the Federal Register 0 3. Amend Sec. 503.11 by revising the introductory text to read as follows: Sec. 503.11 Materials to be published. The Commission shall separately state and concurrently publish the following materials in the Federal Register or on its public Web site (www.fmc.gov) for the guidance of the public: * * * * * [[Page 38000]] Subpart C--Records, Information and Materials Generally Available to the Public Without Resort to Freedom of Information Act Procedures 0 4. Amend Sec. 503.21 by revising paragraphs (a) introductory text and (c) to read as follows: Sec. 503.21 Mandatory public records. (a) The Commission, as required by the Freedom of Information Act, 5 U.S.C. 552, makes the following materials available for public inspection and copying in its Office of the Secretary, or on its Web site at www.fmc.gov: * * * * * (c) The Commission maintains and makes available for public inspection at the Office of the Secretary, Federal Maritime Commission, Washington, DC 20573, or on its public Web site at www.fmc.gov, a current log or index providing identifying information for the public as to any matter which is issued, adopted, or promulgated, and which is required by paragraph (a) of this section to be made available or published. (1) No final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects any member of the public will be relied upon, used, or cited as precedent by the Commission against any private party unless: (i) It has been logged or indexed and either made available or published on its public Web site as provided by this subpart; or (ii) That private party shall have actual and timely notice of the terms thereof. (2) [Reserved] * * * * * 0 5. Revise Sec. 503.22 to read as follows: Sec. 503.22 Records available through the Commission's Web site or at the Office of the Secretary. The following records are also available without the requirement of a FOIA request on the Commission's Web site or by contacting the Office of the Secretary, Federal Maritime Commission, 800 North Capitol St., NW., Washington, DC 20573, [email protected]. Access to requested records may be delayed if they have been sent to archives. Certain fees may be assessed for duplication of records made available by this section as prescribed in subpart F of this part. (a) Proposed and final rules and regulations of the Commission including general substantive rules, statements of policy and interpretations, and rules of practice and procedure. (b) Federal Maritime Commission reports. (c) Official docket files in all formal proceedings including, but not limited to, orders, final decisions, notices, pertinent correspondence, transcripts, exhibits, and briefs, except for materials which are the subject of a protective order. (d) News releases, consumer alerts, Commissioner statements, and speeches. (e) Approved summary minutes of Commission actions showing final votes, except for minutes of closed Commission meetings which are not available until the Commission publicly announces the results of such deliberations. (f) Annual reports of the Commission. (g) Agreements filed or in effect pursuant to section 5 (46 U.S.C. 40301(d)-(e), 40302-40303, 40305) and section 6 (46 U.S.C. 40304, 40306, 41307(b)-(d)) of the Shipping Act of 1984. (h) List of FMC-licensed and bonded ocean transportation intermediaries. (i) Notification of ocean transportation intermediaries license applications, revocations, and suspensions. (j) General descriptions of the functions, bureaus, and offices of the Commission, phone numbers and email addresses, as well as locations of Area Representatives. (k) Information about how to file a complaint alleging violations of the Shipping Act, and how to seek mediation or alternative dispute resolution services. (l) Commonly used forms. (m) Final and pending proposed rules. (n) Access to statements of policy and interpretations as published in part 545 of this chapter. (o) Lists of the location of all common carrier and conference tariffs and publically available terminal schedules of marine terminal operators. Sec. Sec. 503.23 and 503.24 [Removed and Reserved] 0 6. Remove and reserve Sec. Sec. 503.23 and 503.24. 0 7. Revise subpart D heading to read as follows: Subpart D--Requests for Records Under the Freedom of Information Act * * * * * 0 8. Amend Sec. 503.31 by revising paragraphs (a) and (d) to read as follows: Sec. 503.31 Records available upon written request under the Freedom of Information Act. (a) Generally. Many documents are available on the Commission's public Web site and the Commission encourages requesters visit the Web site before making a request for records under FOIA. (1) Electronic or written requests. A member of the public may request permission to inspect, copy or be provided with any Commission record not described in subpart C of this part or posted on the Commission's Web site at www.fmc.gov. Such a request must: (i) Reasonably describe the record or records sought; (ii) Be submitted electronically to [email protected] or in writing to the Secretary, Federal Maritime Commission, 800 North Capitol Street, NW., Washington, DC 20573. (iii) Be clearly marked on the subject line of an email or on the exterior of the envelope with the term ``FOIA.'' (2) [Reserved] * * * * * (d) Certain fees may be assessed for processing requests under this subpart as prescribed in subpart F of this part. 0 9. Amend Sec. 503.32 by revising paragraphs (a)(1), (a)(3)(i)(B), (a)(3)(ii), (d), and (e)(1) and (4) and adding paragraphs (b)(4) and (5) to read as follows: Sec. 503.32 Procedures for responding to requests made under the Freedom of Information Act. (a) * * * (1) Such determination shall be made by the Secretary within twenty (20) business days after receipt of such request, except as provided in paragraphs (b) and (e)(4) of this section. * * * * * (3)(i) * * * (B) Be filed not later than ten (10) business days following receipt of notification of full or partial denial of records requested. (ii) The Chairman or the Chairman's specific delegate, in his or her absence, shall make a determination with respect to that appeal within twenty (20) business days after receipt of such appeal, except as provided in paragraph (b) of this section. * * * * * (b) * * * (4) The Secretary may make an initial written request to the requestor for information to clarify the request which will toll the 20-day processing period until such information has been received. The 20-day processing period will recommence after receipt of the requested information. (5) The Secretary may also make written requests to clarify issues regarding fee assessments. Such written requests will toll the 20-day processing [[Page 38001]] period until such information has been received from the requestor. The 20-day processing period will recommence after receipt of the requested information. * * * * * (d) Multitrack processing of requests. The Secretary uses multitrack processing of FOIA requests. Requests which seek and are granted expedited processing are put on the expedited track. All other requests are designated either simple or complex requests based on the amount of time and/or complexity needed to process the request. A request may be considered simple if it involves records that are routinely requested and readily available. (e) Expedited processing of requests. (1) The Secretary will provide for expedited processing of requests for records when the person requesting the records can demonstrate a compelling need. * * * * * (4) The Secretary shall determine whether to provide expedited processing, and provide notice of the determination to the person making the request, within ten (10) calendar days after the receipt date of the request. * * * * * 0 10. Amend Sec. 503.34 by revising paragraph (a) to read as follows: Sec. 503.34 Annual report of public information request activity. (a) On or before February 1 of each year, the Commission must submit to the Attorney General of the United States, in the format required by the Attorney General, a report on FOIA activities which shall cover the preceding fiscal year pursuant to 5 U.S.C. 552(e). * * * * * Subpart I--Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings 0 11. Amend Sec. 503.87 by revising paragraph (b) to read as follows: Sec. 503.87 Effect of provisions of this subpart on other subparts. * * * * * (b) Nothing in this subpart shall permit the withholding from any individual to whom a record pertains any record required by this subpart to be maintained by the agency which record is otherwise available to such an individual under the provisions of subpart H of this part. By the Commission. Karen V. Gregory, Secretary. [FR Doc. 2015-16101 Filed 7-1-15; 8:45 am] BILLING CODE 6731-AA-P
![Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 37997
Date certain
Federal assist-
Community Effective date authorization/cancellation of Current effective
State and location ance no longer
No. sale of flood insurance in community map date available in
SFHAs
Region III
Virginia:
Augusta County, Unincorporated Areas 510013 July 24, 1974, Emerg; May 17, 1990, Reg; August 3, 2015 August 3, 2015.
August 3, 2015, Susp.
Dumfries, Town of, Prince William 510120 August 15, 1973, Emerg; May 15, 1980, ......do ............... Do.
County. Reg; August 3, 2015, Susp.
New Kent County, Unincorporated 510306 August 19, 1975, Emerg; December 5, ......do ............... Do.
Areas. 1990, Reg; August 3, 2015, Susp.
Portsmouth, City of, Independent City .. 515529 May 15, 1970, Emerg; July 2, 1971, Reg; ......do ............... Do.
August 3, 2015, Susp.
Prince William County, Unincorporated 510119 December 15, 1972, Emerg; December 1, ......do ............... Do.
Areas. 1981, Reg; August 3, 2015, Susp.
Quantico, Town of, Prince William 510232 March 19, 1975, Emerg; August 15, 1978, ......do ............... Do.
County. Reg; August 3, 2015, Susp.
Suffolk, City of, Independent City .......... 510156 January 22, 1975, Emerg; November 16, ......do ............... Do.
1990, Reg; August 3, 2015, Susp.
Waynesboro, City of, Independent City 515532 June 19, 1970, Emerg; July 2, 1971, Reg; ......do ............... Do.
August 3, 2015, Susp.
Region VII
Missouri:
Avondale, City of, Clay County ............. 290087 September 29, 1972, Emerg; October 26, ......do ............... Do.
1976, Reg; August 3, 2015, Susp.
Clay County, Unincorporated Areas ...... 290086 September 6, 1974, Emerg; March 18, ......do ............... Do.
1980, Reg; August 3, 2015, Susp.
Claycomo, Village of, Clay County ........ 290089 September 6, 1974, Emerg; August 1, ......do ............... Do.
1977, Reg; August 3, 2015, Susp.
Excelsior Springs, City of, Clay and 290090 November 12, 1971, Emerg; March 15, ......do ............... Do.
Ray Counties. 1977, Reg; August 3, 2015, Susp.
Gladstone, City of, Clay County ............ 290091 February 9, 1973, Emerg; January 5, 1978, ......do ............... Do.
Reg; August 3, 2015, Susp.
Glenaire, City of, Clay County ............... 290092 September 12, 1975, Emerg; September ......do ............... Do.
15, 1977, Reg; August 3, 2015, Susp.
Holt, City of, Clay and Clinton County .. 290093 April 17, 1980, Emerg; April 17, 1980, Reg; ......do ............... Do.
August 3, 2015, Susp.
Lawson, City of, Clay County ................ 290705 October 19, 1989, Emerg; December 5, ......do ............... Do.
1996, Reg; August 3, 2015, Susp.
Liberty, City of, Clay County ................. 290096 May 29, 1973, Emerg; March 15, 1978, ......do ............... Do.
Reg; August 3, 2015, Susp.
Missouri City, City of, Clay County ....... 290097 January 13, 1976, Emerg; August 15, 1979, ......do ............... Do.
Reg; August 3, 2015, Susp.
North Kansas City, City of, Clay County 290099 October 29, 1971, Emerg; March 5, 1976, ......do ............... Do.
Reg; August 3, 2015, Susp.
Pleasant Valley, City of, Clay County ... 290100 September 9, 1974, Emerg; July 18, 1977, ......do ............... Do.
Reg; August 3, 2015, Susp.
Prathersville, Village of, Clay County .... 290101 June 6, 1978, Emerg; November 15, 1978, ......do ............... Do.
Reg; August 3, 2015, Susp.
Randolph, Village of, Clay County ........ 290102 March 17, 1976, Emerg; July 18, 1977, ......do ............... Do.
Reg; August 3, 2015, Susp.
Smithville, City of, Clay County ............. 295271 June 5, 1970, Emerg; May 21, 1971, Reg; ......do ............... Do.
August 3, 2015, Susp.
......do = Ditto.
Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension.
Dated: June 22, 2015. FEDERAL MARITIME COMMISSION Direct final rule; and request for
ACTION:
Roy E. Wright, comments.
Deputy Associate Administrator, Federal 46 CFR Part 503
SUMMARY: The Federal Maritime
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
Insurance and Mitigation Administration,
Commission amends its regulations
Department of Homeland Security, Federal [Docket No. 15–05]
governing access to Commission
Emergency Management Agency.
[RIN 3072–AC60] information and records and its
[FR Doc. 2015–16399 Filed 7–1–15; 8:45 pm]
regulations implementing the Freedom
BILLING CODE 9110–12–P
Amendments to Regulations of Information Act (FOIA). The
Governing Access to Commission revisions update and consolidate the
Information and Records; Freedom of provisions identifying records available
Information Act without the need for a FOIA request,
including records available on the
AGENCY: Federal Maritime Commission. Commission’s public Web site; revise
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Subpart C—Records, Information and (b) Federal Maritime Commission Web site and the Commission
Materials Generally Available to the reports. encourages requesters visit the Web site
Public Without Resort to Freedom of (c) Official docket files in all formal before making a request for records
Information Act Procedures proceedings including, but not limited under FOIA.
to, orders, final decisions, notices, (1) Electronic or written requests. A
■ 4. Amend § 503.21 by revising pertinent correspondence, transcripts, member of the public may request
paragraphs (a) introductory text and (c) exhibits, and briefs, except for materials permission to inspect, copy or be
to read as follows: which are the subject of a protective provided with any Commission record
order. not described in subpart C of this part
§ 503.21 Mandatory public records. (d) News releases, consumer alerts, or posted on the Commission’s Web site
(a) The Commission, as required by Commissioner statements, and at www.fmc.gov. Such a request must:
the Freedom of Information Act, 5 speeches. (i) Reasonably describe the record or
U.S.C. 552, makes the following (e) Approved summary minutes of records sought;
materials available for public inspection Commission actions showing final (ii) Be submitted electronically to
and copying in its Office of the votes, except for minutes of closed FOIA@fmc.gov or in writing to the
Secretary, or on its Web site at Commission meetings which are not Secretary, Federal Maritime
www.fmc.gov: available until the Commission publicly Commission, 800 North Capitol Street,
* * * * * announces the results of such NW., Washington, DC 20573.
(c) The Commission maintains and deliberations. (iii) Be clearly marked on the subject
makes available for public inspection at (f) Annual reports of the Commission. line of an email or on the exterior of the
the Office of the Secretary, Federal (g) Agreements filed or in effect envelope with the term ‘‘FOIA.’’
Maritime Commission, Washington, DC pursuant to section 5 (46 U.S.C. (2) [Reserved]
20573, or on its public Web site at 40301(d)–(e), 40302–40303, 40305) and * * * * *
www.fmc.gov, a current log or index section 6 (46 U.S.C. 40304, 40306, (d) Certain fees may be assessed for
providing identifying information for 41307(b)–(d)) of the Shipping Act of processing requests under this subpart
the public as to any matter which is 1984. as prescribed in subpart F of this part.
issued, adopted, or promulgated, and (h) List of FMC-licensed and bonded
■ 9. Amend § 503.32 by revising
which is required by paragraph (a) of ocean transportation intermediaries.
(i) Notification of ocean transportation paragraphs (a)(1), (a)(3)(i)(B), (a)(3)(ii),
this section to be made available or (d), and (e)(1) and (4) and adding
published. intermediaries license applications,
revocations, and suspensions. paragraphs (b)(4) and (5) to read as
(1) No final order, opinion, statement follows:
(j) General descriptions of the
of policy, interpretation, or staff manual
functions, bureaus, and offices of the § 503.32 Procedures for responding to
or instruction that affects any member of
Commission, phone numbers and email requests made under the Freedom of
the public will be relied upon, used, or
addresses, as well as locations of Area Information Act.
cited as precedent by the Commission
Representatives. (a) * * *
against any private party unless:
(k) Information about how to file a (1) Such determination shall be made
(i) It has been logged or indexed and complaint alleging violations of the
either made available or published on by the Secretary within twenty (20)
Shipping Act, and how to seek business days after receipt of such
its public Web site as provided by this mediation or alternative dispute
subpart; or request, except as provided in
resolution services. paragraphs (b) and (e)(4) of this section.
(ii) That private party shall have (l) Commonly used forms.
actual and timely notice of the terms (m) Final and pending proposed rules. * * * * *
thereof. (n) Access to statements of policy and (3)(i) * * *
(2) [Reserved] interpretations as published in part 545 (B) Be filed not later than ten (10)
* * * * * of this chapter. business days following receipt of
(o) Lists of the location of all common notification of full or partial denial of
■ 5. Revise § 503.22 to read as follows:
carrier and conference tariffs and records requested.
§ 503.22 Records available through the publically available terminal schedules (ii) The Chairman or the Chairman’s
Commission’s Web site or at the Office of of marine terminal operators. specific delegate, in his or her absence,
the Secretary. shall make a determination with respect
The following records are also §§ 503.23 and 503.24 [Removed and to that appeal within twenty (20)
available without the requirement of a Reserved] business days after receipt of such
FOIA request on the Commission’s Web ■ 6. Remove and reserve §§ 503.23 and appeal, except as provided in paragraph
site or by contacting the Office of the 503.24. (b) of this section.
Secretary, Federal Maritime ■ 7. Revise subpart D heading to read as * * * * *
Commission, 800 North Capitol St., follows: (b) * * *
NW., Washington, DC 20573, secretary@ (4) The Secretary may make an initial
fmc.gov. Access to requested records Subpart D—Requests for Records written request to the requestor for
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may be delayed if they have been sent Under the Freedom of Information Act information to clarify the request which
to archives. Certain fees may be assessed * * * * * will toll the 20-day processing period
for duplication of records made until such information has been
■ 8. Amend § 503.31 by revising
available by this section as prescribed in received. The 20-day processing period
paragraphs (a) and (d) to read as follows:
subpart F of this part. will recommence after receipt of the
(a) Proposed and final rules and § 503.31 Records available upon written requested information.
regulations of the Commission request under the Freedom of Information (5) The Secretary may also make
including general substantive rules, Act. written requests to clarify issues
statements of policy and interpretations, (a) Generally. Many documents are regarding fee assessments. Such written
and rules of practice and procedure. available on the Commission’s public requests will toll the 20-day processing
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![Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 38001
period until such information has been By the Commission. Summary of the Order
received from the requestor. The 20-day Karen V. Gregory,
I. Introduction
processing period will recommence Secretary.
after receipt of the requested 1. In this Report and Order (‘‘Order’’),
[FR Doc. 2015–16101 Filed 7–1–15; 8:45 am]
information. we improve and expedite the effective
BILLING CODE 6731–AA–P
competition process by adopting a
* * * * *
rebuttable presumption that cable
(d) Multitrack processing of requests.
operators are subject to ‘‘Effective
The Secretary uses multitrack FEDERAL COMMUNICATIONS Competition.’’ 1 Specifically, we
processing of FOIA requests. Requests COMMISSION presume that cable operators are subject
which seek and are granted expedited
47 CFR Part 76 to what is commonly referred to as
processing are put on the expedited
‘‘Competing Provider Effective
track. All other requests are designated [MB Docket No. 15–53; FCC 15–62] Competition.’’ As a result, each
either simple or complex requests based
franchising authority 2 will be
on the amount of time and/or Concerning Effective Competition; prohibited from regulating basic cable
complexity needed to process the Implementation of Section 111 of the rates unless it successfully demonstrates
request. A request may be considered STELA Reauthorization Act that the cable system is not subject to
simple if it involves records that are
AGENCY: Federal Communications Competing Provider Effective
routinely requested and readily
Commission. Competition. This change is justified by
available.
ACTION: Final rule. the fact that Direct Broadcast Satellite
(e) Expedited processing of requests.
(‘‘DBS’’) service is ubiquitous today and
(1) The Secretary will provide for SUMMARY: In this document, the that DBS providers have captured
expedited processing of requests for Commission improves and expedites the almost 34 percent of multichannel video
records when the person requesting the Effective Competition process by programming distributor (‘‘MVPD’’)
records can demonstrate a compelling adopting a rebuttable presumption that subscribers. This Order also implements
need. cable operators are subject to Competing section 111 of the STELA
* * * * * Provider Effective Competition. This Reauthorization Act of 2014
(4) The Secretary shall determine action implements section 111 of the (‘‘STELAR’’), which directs the
whether to provide expedited STELA Reauthorization Act of 2014, Commission to adopt a streamlined
processing, and provide notice of the which directs the Commission to adopt Effective Competition process for small
determination to the person making the a streamlined Effective Competition cable operators.3 By adopting a
request, within ten (10) calendar days process for small cable operators. rebuttable presumption of Competing
after the receipt date of the request. DATES: The FCC will publish a Provider Effective Competition, we
* * * * * document in the Federal Register update our Effective Competition rules,
■ 10. Amend § 503.34 by revising announcing the effective date of this for the first time in over 20 years, to
paragraph (a) to read as follows: final rule after OMB approval. reflect the current MVPD marketplace,
FOR FURTHER INFORMATION CONTACT: For reduce the regulatory burdens on all
§ 503.34 Annual report of public additional information on this cable operators, especially small
information request activity. operators,4 and more efficiently allocate
proceeding, contact Diana Sokolow,
(a) On or before February 1 of each Diana.Sokolow@fcc.gov, of the Policy the Commission’s resources.
year, the Commission must submit to Division, Media Bureau, (202) 418–
the Attorney General of the United II. Background
2120.
States, in the format required by the 2. In the Cable Television Consumer
SUPPLEMENTARY INFORMATION: This is a Protection and Competition Act of 1992
Attorney General, a report on FOIA
activities which shall cover the summary of the Commission’s Effective (‘‘1992 Cable Act’’), Congress adopted a
preceding fiscal year pursuant to 5 Competition Order, FCC 15–62, adopted ‘‘preference for competition,’’ pursuant
U.S.C. 552(e). on June 2, 2015 and released on June 3, to which a franchising authority may
2015. The full text of this document is regulate basic cable service tier rates
* * * * * available for public inspection and
Subpart I—Public Observation of copying during regular business hours 1 Effective Competition is a term of art that the
Federal Maritime Commission in the FCC Reference Center, Federal statute defines by application of specific tests.
Meetings and Public Access to Communications Commission, 445 12th 2 A ‘‘franchising authority’’ is ‘‘any governmental
Street SW., Room CY–A257, entity empowered by Federal, State, or local law to
Information Pertaining to Commission grant a franchise.’’ See 47 U.S.C. 522(10).
Meetings Washington, DC 20554. This document 3 See Public Law 113–200, section 111, 128 Stat.
will also be available via ECFS at http: 2059 (2014); 47 U.S.C. 543(o)(1) (‘‘Not later than
■ 11. Amend § 503.87 by revising //fjallfoss.fcc.gov/ecfs/. Documents will 180 days after December 4, 2014, the Commission
paragraph (b) to read as follows: be available electronically in ASCII, shall complete a rulemaking to establish a
Microsoft Word, and/or Adobe Acrobat. streamlined process for filing of an effective
competition petition pursuant to this section for
§ 503.87 Effect of provisions of this Copies of the materials can be obtained small cable operators, particularly those who serve
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
subpart on other subparts. from the FCC’s Reference Information primarily rural areas.’’). Accordingly, this
* * * * * Center at (202) 418–0270. Alternative rulemaking must be completed by June 2, 2015.
4 Congress applied the definition of ‘‘small cable
(b) Nothing in this subpart shall formats are available for people with
operator’’ as set forth in section 623(m)(2) of the
permit the withholding from any disabilities (Braille, large print, Communications Act of 1934, as amended (the
individual to whom a record pertains electronic files, audio format), by ‘‘Act’’), which is ‘‘a cable operator that, directly or
any record required by this subpart to be sending an email to fcc504@fcc.gov or through an affiliate, serves in the aggregate fewer
maintained by the agency which record calling the Commission’s Consumer and than 1 percent of all subscribers in the United
States and is not affiliated with any entity or
is otherwise available to such an Governmental Affairs Bureau at (202) entities whose gross annual revenues in the
individual under the provisions of 418–0530 (voice), (202) 418–0432 aggregate exceed $250,000,000.’’ See 47 U.S.C.
subpart H of this part. (TTY). 543(m)(2), (o)(3).
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Document Created: 2015-12-15 13:15:19
Document Modified: 2015-12-15 13:15:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule; and request for comments. | |
| Dates | This rule is effective without further action on September 1, 2015, unless significant adverse comment is received by August 3, 2015. If significant adverse comment is received, the Federal Maritime Commission will publish a timely withdrawal of the rule in the Federal Register. | |
| Contact | Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001. Phone: (202) 523-5725. Email: [email protected] | |
| FR Citation | 80 FR 37997 | |
| CFR Associated | Administrative Practices and Procedures; Archives and Records; Classified Information; Confidential Business Information; Freedom of Information; Information; Privacy; Records; Reporting and Recordkeeping Requirements and Sunshine Act |
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