81 FR 59437 - Releasing Information; Availability of Records of the Farm Credit System Insurance Corporation; Fees for Provision of Information
FARM CREDIT SYSTEM INSURANCE CORPORATION Federal Register Volume 81, Issue 168 (August 30, 2016)
Federal Register Volume 81, Issue 168 (August 30, 2016)
| Page Range | 59437-59438 | |
| FR Document | 2016-20767 |
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)] [Rules and Regulations] [Pages 59437-59438] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20767] ======================================================================= ----------------------------------------------------------------------- FARM CREDIT SYSTEM INSURANCE CORPORATION 12 CFR Part 1402 RIN 3055-AA12 Releasing Information; Availability of Records of the Farm Credit System Insurance Corporation; Fees for Provision of Information AGENCY: Farm Credit System Insurance Corporation. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Farm Credit System Insurance Corporation (Corporation) issues a final rule amending its regulations to reflect changes to the Freedom of Information Act (FOIA). The FOIA Improvement Act of 2016 requires the Corporation to amend its FOIA regulations to extend the deadline for administrative appeals, to add information on dispute resolution services, and to amend the way the Corporation charges fees. DATES: Effective date: This regulation will become effective October 1, 2016. FOR FURTHER INFORMATION CONTACT: Howard Rubin, General Counsel, Farm Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, Virginia 22102, (703) 883-4380, TTY (703) 883-4390. SUPPLEMENTARY INFORMATION: I. Objective The objective of this final rule is to reflect changes to the FOIA by the FOIA Improvement Act of 2016 (Improvement Act). The Improvement Act addresses a range of procedural issues, including requirements that agencies establish a minimum of 90 days for requesters to file an administrative appeal and that they provide dispute resolution services at various times throughout the FOIA process. The Improvement Act also updates how fees are assessed. We revise the regulations as follows: (1) In Sec. 1402.14, a. By changing the appeals deadline from 30 days to 90 days in paragraph (b); b. By adding FCSIC's FOIA Public Liaison and the Office of Government Information Services to the list of offices [[Page 59438]] available to offer dispute resolution services in paragraph (b); and (2) In Sec. 1402.22, by redesignating existing paragraph (h) as paragraph (k) and adding new paragraphs (h), (i), and (j) with updated information about charging fees. II. Certain Findings We have determined that the amendments mandated by the Improvement Act involve agency management and technical changes. Therefore, the amendments do not constitute a rulemaking under the Administrative Procedure Act (APA), 5 U.S.C. 551, 553(a)(2). Under the APA, the public may participate in the promulgation of rules that have a substantial impact on the public. The amendments to our regulations relate to agency management and technical changes only and are required by statute, and therefore, do not require public participation. Even if these amendments were a rulemaking under 5 U.S.C. 551, 553(a)(2) of the APA, we have determined that notice and public comment are unnecessary and contrary to the public interest. Under 5 U.S.C. 553(b)(B) of the APA, an agency may publish regulations in final form when the agency for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to public interest. The proposed amendments are required by statute, do not involve Corporation discretion, and provide additional protections to the public through the existing regulations. Thus, notice and public procedure are impracticable, unnecessary, and contrary to the public interest. III. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Corporation hereby certifies that the final rule will not have a significant economic impact on a substantial number of small entities. List of Subjects in 12 CFR Part 1402 Archives and records, Freedom of information, Insurance. As stated in the preamble, part 1402 of chapter XIV, title 12 of the Code of Federal Regulations is amended as follows: PART 1402--RELEASING INFORMATION 0 1. The authority citation for part 1402 is revised to read as follows: Authority: Secs. 5.58, 5.59 of Pub. L. 92-181, 85 Stat. 583 (12 U.S.C. 2277a-7, 2277a-8); 5 U.S.C. 552; 52 FR 10012; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235. Subpart B--Availability of Records of the Farm Credit System Insurance Corporation 0 2. Section 1402.14(b) is revised to read as follows: Sec. 1402.14 Response to requests for records. * * * * * (b) Within 90 days of the receipt of a notice denying, in whole or in part, a request for records, the requester may appeal the denial. The appeal shall be in writing addressed to the Chief Financial Officer, Farm Credit System Insurance Corporation, McLean, Virginia 22102, and both the letter and envelope shall clearly be marked ``FOIA Appeal.'' An appeal improperly addressed shall be deemed not to have been received for purposes of the 20-day time period set forth in paragraph (c) of this section until it is received, or would have been received with the exercise of due diligence by Farm Credit System Insurance Corporation personnel. You also have the right to seek dispute resolution services from the Corporation's FOIA Public Liaison, McLean, Virginia 22102, and the Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road--OGIS, College Park, Maryland 20740-6001. * * * * * Subpart C--Fees for Provision of Information 0 3. Section 1402.22 is amended by redesignating paragraph (h) as paragraph (k) and adding new paragraphs (h), (i), and (j) to read as follows: Sec. 1402.22 Fees to be charged. * * * * * (h) We will not assess fees if we fail to comply with any time limit under the FOIA or these regulations, and have not timely notified the requester, in writing, that an unusual circumstance exists. If an unusual circumstance exists, and timely, written notice is given to the requester, we may be excused an additional 10 working days before fees are automatically waived under this paragraph (h). (i) If we determine that unusual circumstances apply and more than 5,000 pages are necessary to respond to a request, we may charge fees if we provided a timely, written notice to the requester and discussed with the requester via mail, Email, or telephone (or made at least three good faith attempts to do so) how the requester could effectively limit the scope of the request. (j) If a court has determined that exceptional circumstances exist, a failure to comply with time limits imposed by these regulations or FOIA shall be excused for the length of time provided by court order. * * * * * Dated: August 24, 2016. Dale L. Aultman, Secretary to the Board, Farm Credit System Insurance Corporation. [FR Doc. 2016-20767 Filed 8-29-16; 8:45 am] BILLING CODE 6710-01-P
![Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations 59437
purposes of this Order. ‘‘Direct’’ means crossing point, (10) the month and year Issued in Washington, DC, on August 23,
that the natural gas must not be diverted in which the in-transit shipment took 2016.
for other purposes but must travel a place, (11) the name of the entity that John A. Anderson,
commercially reasonable path between has title to the natural gas during the in- Director, Office of Regulation and
points in one country consistent with an transit movement, (12) the name of the International Engagement, Office of Oil and
intention merely to transit the other Natural Gas.
individual who prepared the report, and
country. And, consistent with the U.S. (13) contact information. [FR Doc. 2016–20802 Filed 8–29–16; 8:45 am]
Customs and Border Patrol regulations BILLING CODE 6450–01–P
concerning in-transit shipments,5 to (Approved by the Office of Management
qualify as ‘‘in-transit’’ the natural gas and Budget under OMB Control No.
must cross points of entry and exit at 1901–0294.) FARM CREDIT SYSTEM INSURANCE
the United States border within a 30-day CORPORATION
b. To show that no deliveries into or
period. DOE expects the reporting of in-
out of United States commercial markets
transit volumes—noting any line losses 12 CFR Part 1402
and/or natural gas that may be have occurred, DOE/FE additionally
requests clarification in monthly reports RIN 3055–AA12
consumed as fuel during the transit
process—to be made to the Department for in-transit shipments specifying the
difference in volumes entering the Releasing Information; Availability of
within 30 days following the month Records of the Farm Credit System
during which the in-transit shipment transit country and volumes leaving the
Insurance Corporation; Fees for
took place. The purpose of reporting the transit country and the reason for any
Provision of Information
in-transit volumes is to confirm the non- such differences, to the extent the
jurisdictional status of such shipments information is available. AGENCY: Farm Credit System Insurance
and to understand the extent to which c. The entity holding title to the Corporation.
imports and exports are affecting the natural gas as it crosses borders shall ACTION: Final rule.
domestic natural gas market, and what maintain copies of the reports filed
movements of natural gas are limited to SUMMARY: The Farm Credit System
under paragraph a., supra, for each in-
utilizing natural gas infrastructure and Insurance Corporation (Corporation)
transit shipment returning to the
not directly impacting natural gas issues a final rule amending its
country of origin for a period of one year
supply or demand. Additional regulations to reflect changes to the
information on reporting volumes is after completion of the in-transit Freedom of Information Act (FOIA). The
available at: http://energy.gov/fe/ shipment, and provide that information FOIA Improvement Act of 2016 requires
services/natural-gas-regulation/ to DOE/FE upon request. the Corporation to amend its FOIA
guidelines-filing-monthly-reports. d. All monthly report filings shall be regulations to extend the deadline for
made to U.S. Department of Energy (FE– administrative appeals, to add
II. Reporting Requirements for In-
34), Office of Fossil Energy, Office of information on dispute resolution
Transit Shipments of Natural Gas
Regulation and International services, and to amend the way the
a. The entity holding title to the Engagement, P.O. Box 44375, Corporation charges fees.
natural gas as it crosses borders shall Washington, DC 20026–4375, Attention: DATES: Effective date: This regulation
file with the Office of Regulation and will become effective October 1, 2016.
Natural Gas Reports. Alternatively,
International Engagement, a report due
reports may be emailed to ngreports@ FOR FURTHER INFORMATION CONTACT:
not later than the 30th day of the month
following the month of completion of an hq.doe.gov, or may be faxed to Natural Howard Rubin, General Counsel, Farm
in-transit shipment. The report must Gas Reports at (202) 586–6050. Credit System Insurance Corporation,
give the following details of each in- e. Companies that currently use 1501 Farm Credit Drive, McLean,
transit shipment returning to the import and export authorizations to Virginia 22102, (703) 883–4380, TTY
country of origin, including cases where report in-transit natural gas shipments (703) 883–4390.
natural gas originates from the United may continue to report under their SUPPLEMENTARY INFORMATION:
States and undergoes in-transit authorizations, but no new I. Objective
shipment and where natural gas authorizations dedicated solely to in-
originates in another country and transit shipments will be issued. The objective of this final rule is to
transits the United States: (1) The name reflect changes to the FOIA by the FOIA
Companies should not apply for new
of the country that is both the origin and Improvement Act of 2016 (Improvement
import and export authorizations if they
final destination, (2) the name of the Act). The Improvement Act addresses a
plan on only conducting in-transit
country through which the gas is range of procedural issues, including
natural gas transactions. requirements that agencies establish a
transported before returning to the
origin country (the transit country—this f. Companies may use approved OMB minimum of 90 days for requesters to
may be either the United States or information collection forms, which file an administrative appeal and that
another country) (3) the initial border will be available on DOE/FE’s Web site they provide dispute resolution services
crossing point, (4) the foreign pipeline at: http://www.energy.gov/fe/services/ at various times throughout the FOIA
at the initial border crossing point, (5) natural-gas-regulation/in-transit. process. The Improvement Act also
the U.S. pipeline at the initial border g. Companies can submit in-transit updates how fees are assessed.
crossing point, (6) the final border reports without docket or order We revise the regulations as follows:
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crossing point, (7) the foreign pipeline (1) In § 1402.14,
numbers, if not reporting under
at the final border crossing point, (8) the a. By changing the appeals deadline
authorizations permitting both imports
U.S. pipeline at the final border crossing from 30 days to 90 days in paragraph
and exports.
point, (9) the volume of natural gas (b);
moving through the final border This Notice is effective immediately b. By adding FCSIC’s FOIA Public
upon issuance. Liaison and the Office of Government
5 See 19 CFR 18.31, 18.2(c)(2). Information Services to the list of offices
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![59438 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
available to offer dispute resolution 8); 5 U.S.C. 552; 52 FR 10012; E.O. 12600, 52 (or made at least three good faith
services in paragraph (b); and FR 23781, 3 CFR, 1987 Comp., p. 235. attempts to do so) how the requester
(2) In § 1402.22, by redesignating could effectively limit the scope of the
Subpart B—Availability of Records of request.
existing paragraph (h) as paragraph (k)
the Farm Credit System Insurance (j) If a court has determined that
and adding new paragraphs (h), (i), and
Corporation exceptional circumstances exist, a
(j) with updated information about
charging fees. ■ 2. Section 1402.14(b) is revised to failure to comply with time limits
read as follows: imposed by these regulations or FOIA
II. Certain Findings shall be excused for the length of time
We have determined that the § 1402.14 Response to requests for provided by court order.
amendments mandated by the records.
* * * * *
Improvement Act involve agency * * * * *
(b) Within 90 days of the receipt of a Dated: August 24, 2016.
management and technical changes.
notice denying, in whole or in part, a Dale L. Aultman,
Therefore, the amendments do not
constitute a rulemaking under the request for records, the requester may Secretary to the Board, Farm Credit System
appeal the denial. The appeal shall be Insurance Corporation.
Administrative Procedure Act (APA), 5
in writing addressed to the Chief [FR Doc. 2016–20767 Filed 8–29–16; 8:45 am]
U.S.C. 551, 553(a)(2). Under the APA,
the public may participate in the Financial Officer, Farm Credit System BILLING CODE 6710–01–P
promulgation of rules that have a Insurance Corporation, McLean,
substantial impact on the public. The Virginia 22102, and both the letter and
amendments to our regulations relate to envelope shall clearly be marked ‘‘FOIA DEPARTMENT OF TRANSPORTATION
agency management and technical Appeal.’’ An appeal improperly
changes only and are required by addressed shall be deemed not to have Federal Aviation Administration
statute, and therefore, do not require been received for purposes of the 20-day
public participation. time period set forth in paragraph (c) of 14 CFR Parts 415 and 417
Even if these amendments were a this section until it is received, or would [Docket No. FAA–2000–7953; Amdt. No(s).
rulemaking under 5 U.S.C. 551, have been received with the exercise of 415–6 and 417–5]
553(a)(2) of the APA, we have due diligence by Farm Credit System
RIN 2120–AG37
determined that notice and public Insurance Corporation personnel. You
comment are unnecessary and contrary also have the right to seek dispute Licensing and Safety Requirements for
to the public interest. Under 5 U.S.C. resolution services from the Launch; Technical Amendment
553(b)(B) of the APA, an agency may Corporation’s FOIA Public Liaison,
publish regulations in final form when McLean, Virginia 22102, and the Office AGENCY: Federal Aviation
the agency for good cause finds that of Government Information Services, Administration, DOT.
notice and public procedure thereon are National Archives and Records ACTION: Final rule; technical
impracticable, unnecessary, or contrary Administration, 8601 Adelphi Road— amendment.
to public interest. The proposed OGIS, College Park, Maryland 20740–
amendments are required by statute, do 6001. SUMMARY: The FAA is publishing this
not involve Corporation discretion, and * * * * * action to correct minor, editorial errors
provide additional protections to the in chapter III, parts 415 and 417. These
public through the existing regulations. Subpart C—Fees for Provision of errors occurred in the Licensing and
Thus, notice and public procedure are Information Safety Requirements for Launch final
impracticable, unnecessary, and rule, published in the Federal Register
■ 3. Section 1402.22 is amended by on August 25, 2006. That final rule
contrary to the public interest.
redesignating paragraph (h) as amended the commercial space
III. Regulatory Flexibility Act paragraph (k) and adding new transportation regulations governing the
paragraphs (h), (i), and (j) to read as launch of expendable launch vehicles to
Pursuant to section 605(b) of the
follows: address licensing and safety
Regulatory Flexibility Act (5 U.S.C. 601
et seq.), the Corporation hereby certifies § 1402.22 Fees to be charged.
requirements for a launch. In that final
that the final rule will not have a rule, the FAA inadvertently made minor
* * * * * errors, which this technical amendment
significant economic impact on a (h) We will not assess fees if we fail
substantial number of small entities. corrects.
to comply with any time limit under the
FOIA or these regulations, and have not DATES: Effective August 30, 2016.
List of Subjects in 12 CFR Part 1402
timely notified the requester, in writing, FOR FURTHER INFORMATION CONTACT: For
Archives and records, Freedom of that an unusual circumstance exists. If questions concerning this action contact
information, Insurance. an unusual circumstance exists, and René Rey, Regulations and Analysis
As stated in the preamble, part 1402 timely, written notice is given to the Division, AST–300, Federal Aviation
of chapter XIV, title 12 of the Code of requester, we may be excused an Administration, 800 Independence
Federal Regulations is amended as additional 10 working days before fees Avenue SW., Washington, DC 20591;
follows: are automatically waived under this telephone (202) 267–7538; email
paragraph (h). Rene.Rey@faa.gov.
mstockstill on DSK3G9T082PROD with RULES
PART 1402—RELEASING (i) If we determine that unusual SUPPLEMENTARY INFORMATION:
INFORMATION circumstances apply and more than
5,000 pages are necessary to respond to Good Cause for Immediate Adoption
■ 1. The authority citation for part 1402 a request, we may charge fees if we Without Prior Notice
is revised to read as follows: provided a timely, written notice to the Section 553(b)(3)(B) of the
Authority: Secs. 5.58, 5.59 of Pub. L. 92– requester and discussed with the Administrative Procedure Act (APA) (5
181, 85 Stat. 583 (12 U.S.C. 2277a–7, 2277a– requester via mail, Email, or telephone U.S.C. 551 et seq.) authorizes agencies
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Document Created: 2018-02-09 11:42:32
Document Modified: 2018-02-09 11:42:32
| 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 | Final rule. | |
| Dates | Effective date: This regulation will become effective October 1, 2016. | |
| Contact | Howard Rubin, General Counsel, Farm Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, Virginia 22102, (703) 883-4380, TTY (703) 883-4390. | |
| FR Citation | 81 FR 59437 | |
| RIN Number | 3055-AA12 | |
| CFR Associated | Archives and Records; Freedom of Information and Insurance |
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