81_FR_63544 81 FR 63365 - Releasing Information; Availability of Records of the Farm Credit Administration; FOIA Fees

81 FR 63365 - Releasing Information; Availability of Records of the Farm Credit Administration; FOIA Fees

FARM CREDIT ADMINISTRATION

Federal Register Volume 81, Issue 179 (September 15, 2016)

Page Range63365-63366
FR Document2016-22107

The Farm Credit Administration (FCA or Agency) issues a final rule amending its regulations to reflect changes to the Freedom of Information Act (FOIA). The FOIA Improvement Act of 2016 requires FCA to amend its FOIA regulations to extend the deadline for administrative appeals, to add information on dispute resolution services, and to amend the way FCA charges fees.

Federal Register, Volume 81 Issue 179 (Thursday, September 15, 2016) 
[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Rules and Regulations]
[Pages 63365-63366]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22107]


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FARM CREDIT ADMINISTRATION

12 CFR Part 602

RIN 3052-AD18


Releasing Information; Availability of Records of the Farm Credit 
Administration; FOIA Fees

AGENCY: Farm Credit Administration.

ACTION: Final rule.

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SUMMARY: The Farm Credit Administration (FCA or Agency) issues a final 
rule amending its regulations to reflect changes to the Freedom of 
Information Act (FOIA). The FOIA Improvement Act of 2016 requires FCA 
to amend its FOIA regulations to extend the deadline for administrative 
appeals, to add information on dispute resolution services, and to 
amend the way FCA charges fees.

DATES: This regulation will become effective no earlier than 30 days 
after publication in the Federal Register during which either one or 
both Houses of Congress are in session. We will publish a notice of the 
effective date in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Mike Wilson, Policy Analyst, Office of 
Regulatory Policy, Farm Credit Administration, McLean, VA 22102-5090, 
(703)-883-4124, TTY (703) 883-4434; or Autumn Agans, Attorney-Advisor, 
Office of General Counsel, Farm Credit Administration, McLean, VA 
22102-5090. (703) 883-4020, TTY (703) 883-4020.

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 added additional protections for requesters of records held by the 
executive branch of the U.S. Government.

II. Background

    The FOIA was enacted to give the public a right to access records 
held by the executive branch that, although not classified, were not 
otherwise available to them.\1\ Since its enactment in 1966, the FOIA 
has been amended on a number of occasions to adapt to the times and 
changing priorities.
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    \1\ Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 383; Pub. L. 90-23, 
sec. 1, June 5, 1967, 81 Stat. 54; Pub. L. 93-502, secs. 1-3, Nov. 
21, 1974, 88 Stat. 1561-1564; Pub. L. 94-409, sec. 5(b), Sept. 13, 
1976, 90 Stat. 1247; Pub. L. 95-454, title IX, sec. 906(a)(10), Oct. 
13, 1978, 92 Stat. 1225; Pub. L. 98-620, title IV, sec. 402(2), Nov. 
8, 1984, 98 Stat. 3357; Pub. L. 99-570, title I, secs. 1802, 1803, 
Oct. 27, 1986, 100 Stat. 3207-48, 3207-49; Pub. L. 104-231, secs. 3-
11, Oct. 2, 1996, 110 Stat. 3049-3054; Pub. L. 107-306, title III, 
sec. 312, Nov. 27, 2002, 116 Stat. 2390; Pub. L. 110-175, secs. 3, 
4(a), 5, 6(a)(1), (b)(1), 7(a), 8-10(a), 12, Dec. 31, 2007, 121 
Stat. 2525-2530; Pub. L. 111-83, title V, sec. 564(b), Oct. 28, 
2009, 123 Stat. 2184.
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III. FOIA Procedures

    The Improvement Act contains several substantive and procedural 
amendments to the FOIA, as well as new reporting requirements for 
agencies.\2\ 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.
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    \2\ Pub. L. 114-185, June 30, 2016.
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IV. Section-by-Section Analysis

A. Section 602.8

    We revise Sec.  602.8 by:
    1. Changing the appeals deadline from 30 days to 90 days in 
paragraph (a); and
    2. Adding FCA's FOIA Public Liaison and the Office of Government 
Information Services to the list of offices available to offer dispute 
resolution services in paragraph (d).

B. Section 602.12

    We revise Sec.  602.12 by adding paragraphs (f), (g), and (h) with 
updated information about charging fees.

C. Section 602.16

    We revise Sec.  602.16 by removing the last line of the paragraph, 
which requires FCA to assume multiple requests made within 30 days have 
been made to avoid fees.

V. 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, are not a matter of 
agency 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.

VI. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), FCA hereby certifies that the final rule will not 
have a significant economic impact on a substantial number of small 
entities. Each of the banks in the Farm Credit System (System), 
considered together with its affiliated associations, has assets and 
annual income in excess of the amounts that would qualify them as small 
entities. Therefore, System institutions are not ``small entities'' as 
defined in the Regulatory Flexibility Act.

List of Subjects in 12 CFR Part 602

    Courts, Freedom of information, Government employees.

    As stated in the preamble, part 602 of chapter VI, title 12 of the 
Code of Federal Regulations is amended as follows:

PART 602--RELEASING INFORMATION

0
1. The authority citation for part 602 continues to read as follows:

    Authority: Secs. 5.9, 5.17, 5.59 of 92-181, 85 Stat. 583 (12 
U.S.C. 2243, 2252, 2277a-8);

[[Page 63366]]

5 U.S.C. 301, 552; 52 FR 10012; E.O. 12600; 52 FR 23781, 3 CFR 1987, 
p. 235.

Subpart B--Availability of Records of the Farm Credit 
Administration

0
2. Section 602.8 is amended by revising paragraph (a) and adding 
paragraph (d) to read as follows:


Sec.  602.8   Appeals.

    (a) How to appeal. You may appeal a total or partial denial of your 
FOIA request within 90 calendar days of the date of the denial letter. 
Your appeal must be in writing and addressed to the Director, Office of 
Agency Services (OAS), Farm Credit Administration. You may send it:
    (1) By mail to 1501 Farm Credit Drive, McLean, Virginia 22102-5090;
    (2) By facsimile to (703) 893-2608; or
    (3) By Email to [email protected].
    You also have the right to seek dispute resolution services from 
FCA's FOIA Public Liaison and the Office of Government Information 
Services.
* * * * *
    (d) How to seek dispute resolution services. Requesters may seek 
dispute resolution services from:
    (1) FCA's FOIA Public Liaison;
    (i) By mail addressed to FOIA Public Liaison, 1501 Farm Credit 
Drive, McLean, Virginia 22101-5090;
    (ii) By facsimile at 703-790-3260; or
    (iii) By Email at [email protected].
    (2) Office of Government Information Services;
    (i) By mail to Office of Government Information Services, National 
Archives and Records Administration, 8601 Adelphi Road--OGIS, College 
Park, Maryland, 20740-6001;
    (ii) By facsimile at (202) 741-5769; or
    (iii) By Email at [email protected].

Subpart C--FOIA Fees

0
3. Section 602.12 is amended by adding paragraphs (f), (g) and (h) to 
read as follows:


Sec.  602.12   Fees.

* * * * *
    (f) 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.
    (g) 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.
    (h) 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.

0
4. Section 602.16 is revised to read as follows:


Sec.  602.16   Combining requests.

    You may not avoid paying fees by filing multiple requests at the 
same time. When FCA reasonably believes that you, alone or with others, 
are breaking down one request into a series of requests to avoid fees, 
we will combine the requests and charge accordingly.

    Dated: September 9, 2016.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2016-22107 Filed 9-14-16; 8:45 am]
BILLING CODE 6705-01-P

Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations 63365 § 2417.401 Penalties. Improvement Act of 2016 (Improvement V. Certain Findings (a) An employee who discloses Act). The Improvement Act added We have determined that the official records or information, or who additional protections for requesters of amendments mandated by the gives testimony relating to official records held by the executive branch of Improvement Act involve agency information, except as expressly the U.S. Government. management and technical changes. authorized by the Chairman of the Therefore, the amendments do not II. Background FLRA, the General Counsel, or the constitute a rulemaking under the Chairman of the Panel, as appropriate, The FOIA was enacted to give the Administrative Procedure Act (APA), 5 or as ordered by a Federal court after the public a right to access records held by U.S.C. 551, 553(a)(2). Under the APA, FLRA has had the opportunity to be the executive branch that, although not the public may participate in the heard, may face the penalties provided classified, were not otherwise available promulgation of rules that have a in 18 U.S.C. 641 and other applicable to them.1 Since its enactment in 1966, substantial impact on the public. The laws. Additionally, former employees the FOIA has been amended on a amendments to our regulations relate to are subject to the restrictions and number of occasions to adapt to the agency management and technical penalties of 18 U.S.C. 207 and 216. times and changing priorities. changes only and are required by * * * * * III. FOIA Procedures statute, and therefore, do not require Dated: September 1, 2016. The Improvement Act contains public participation. Carol Waller Pope, several substantive and procedural Even if these amendments were a Chairman. amendments to the FOIA, as well as rulemaking under 5 U.S.C. 551, [FR Doc. 2016–21427 Filed 9–14–16; 8:45 am] new reporting requirements for 553(a)(2) of the APA, we have BILLING CODE P agencies.2 The Improvement Act determined that notice and public addresses a range of procedural issues, comment are unnecessary and contrary including requirements that agencies to the public interest. Under 5 U.S.C. FARM CREDIT ADMINISTRATION establish a minimum of 90 days for 553(b)(B) of the APA, an agency may requesters to file an administrative publish regulations in final form when 12 CFR Part 602 appeal and that they provide dispute the agency for good cause finds that resolution services at various times notice and public procedure thereon are RIN 3052–AD18 throughout the FOIA process. The impracticable, unnecessary, or contrary Releasing Information; Availability of Improvement Act also updates how fees to public interest. The proposed Records of the Farm Credit are assessed. amendments are required by statute, are Administration; FOIA Fees not a matter of agency discretion, and IV. Section-by-Section Analysis provide additional protections to the AGENCY: Farm Credit Administration. public through the existing regulations. A. Section 602.8 ACTION: Final rule. Thus, notice and public procedure are We revise § 602.8 by: impracticable, unnecessary, and SUMMARY: The Farm Credit 1. Changing the appeals deadline from contrary to the public interest. Administration (FCA or Agency) issues 30 days to 90 days in paragraph (a); and a final rule amending its regulations to 2. Adding FCA’s FOIA Public Liaison VI. Regulatory Flexibility Act reflect changes to the Freedom of and the Office of Government Pursuant to section 605(b) of the Information Act (FOIA). The FOIA Information Services to the list of offices Regulatory Flexibility Act (5 U.S.C. 601 Improvement Act of 2016 requires FCA available to offer dispute resolution et seq.), FCA hereby certifies that the to amend its FOIA regulations to extend services in paragraph (d). final rule will not have a significant the deadline for administrative appeals, economic impact on a substantial to add information on dispute B. Section 602.12 number of small entities. Each of the resolution services, and to amend the We revise § 602.12 by adding banks in the Farm Credit System way FCA charges fees. paragraphs (f), (g), and (h) with updated (System), considered together with its DATES: This regulation will become information about charging fees. affiliated associations, has assets and effective no earlier than 30 days after C. Section 602.16 annual income in excess of the amounts publication in the Federal Register that would qualify them as small during which either one or both Houses We revise § 602.16 by removing the entities. Therefore, System institutions of Congress are in session. We will last line of the paragraph, which are not ‘‘small entities’’ as defined in the publish a notice of the effective date in requires FCA to assume multiple Regulatory Flexibility Act. the Federal Register. requests made within 30 days have been made to avoid fees. List of Subjects in 12 CFR Part 602 FOR FURTHER INFORMATION CONTACT: Mike Wilson, Policy Analyst, Office of Courts, Freedom of information, Regulatory Policy, Farm Credit 1 Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 383; Pub. Government employees. L. 90–23, sec. 1, June 5, 1967, 81 Stat. 54; Pub. L. Administration, McLean, VA 22102– 93–502, secs. 1–3, Nov. 21, 1974, 88 Stat. 1561– As stated in the preamble, part 602 of 5090, (703)–883–4124, TTY (703) 883– 1564; Pub. L. 94–409, sec. 5(b), Sept. 13, 1976, 90 chapter VI, title 12 of the Code of 4434; or Autumn Agans, Attorney- Stat. 1247; Pub. L. 95–454, title IX, sec. 906(a)(10), Federal Regulations is amended as Advisor, Office of General Counsel, Oct. 13, 1978, 92 Stat. 1225; Pub. L. 98–620, title follows: IV, sec. 402(2), Nov. 8, 1984, 98 Stat. 3357; Pub. L. Farm Credit Administration, McLean, 99–570, title I, secs. 1802, 1803, Oct. 27, 1986, 100 PART 602—RELEASING rmajette on DSK2TPTVN1PROD with RULES VA 22102–5090. (703) 883–4020, TTY Stat. 3207–48, 3207–49; Pub. L. 104–231, secs. 3– (703) 883–4020. 11, Oct. 2, 1996, 110 Stat. 3049–3054; Pub. L. 107– INFORMATION SUPPLEMENTARY INFORMATION: 306, title III, sec. 312, Nov. 27, 2002, 116 Stat. 2390; Pub. L. 110–175, secs. 3, 4(a), 5, 6(a)(1), (b)(1), 7(a), ■ 1. The authority citation for part 602 I. Objective 8–10(a), 12, Dec. 31, 2007, 121 Stat. 2525–2530; continues to read as follows: Pub. L. 111–83, title V, sec. 564(b), Oct. 28, 2009, The objective of this final rule is to 123 Stat. 2184. Authority: Secs. 5.9, 5.17, 5.59 of 92–181, reflect changes to the FOIA by the FOIA 2 Pub. L. 114–185, June 30, 2016. 85 Stat. 583 (12 U.S.C. 2243, 2252, 2277a–8); VerDate Sep<11>2014 14:38 Sep 14, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM 15SER1

63366 Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations 5 U.S.C. 301, 552; 52 FR 10012; E.O. 12600; a request, we may charge fees if we DATES:This final rule is effective 52 FR 23781, 3 CFR 1987, p. 235. provided a timely, written notice to the September 15, 2016. requester and discussed with the FOR FURTHER INFORMATION CONTACT: Eric Subpart B—Availability of Records of requester via mail, Email, or telephone Wall, Office of Disaster Assistance, 409 the Farm Credit Administration (or made at least three good-faith 3rd St. SW., Washington, DC 20416, ■ 2. Section 602.8 is amended by attempts to do so) how the requester (202) 205–6739. revising paragraph (a) and adding could effectively limit the scope of the SUPPLEMENTARY INFORMATION: paragraph (d) to read as follows: request. (h) If a court has determined that I. Background § 602.8 Appeals. exceptional circumstances exist, a The Hurricane Sandy Rebuilding Task (a) How to appeal. You may appeal a failure to comply with time limits Force was established pursuant to an total or partial denial of your FOIA imposed by these regulations or FOIA Executive Order issued on December 7, request within 90 calendar days of the shall be excused for the length of time 2012, E.O. 13632, Establishing the date of the denial letter. Your appeal provided by court order. Hurricane Sandy Task Force (December must be in writing and addressed to the ■ 4. Section 602.16 is revised to read as 7, 2012). This Task Force was Director, Office of Agency Services follows: established to ensure the recovery effort (OAS), Farm Credit Administration. You benefitted from cabinet-level focus and may send it: § 602.16 Combining requests. coordination, and was charged with (1) By mail to 1501 Farm Credit Drive, You may not avoid paying fees by establishing guidelines for the McLean, Virginia 22102–5090; filing multiple requests at the same investment of Federal funds made (2) By facsimile to (703) 893–2608; or time. When FCA reasonably believes available for the recovery. As a member (3) By Email to foiaappeal@fca.gov. that you, alone or with others, are of this task force, SBA collaborated with You also have the right to seek breaking down one request into a series these executive agencies and offices to dispute resolution services from FCA’s of requests to avoid fees, we will identify and work to remove obstacles to FOIA Public Liaison and the Office of combine the requests and charge resilient rebuilding while taking into Government Information Services. accordingly. account existing and future risks and * * * * * Dated: September 9, 2016. promoting the long-term sustainability (d) How to seek dispute resolution Dale L. Aultman, of communities and ecosystems in the services. Requesters may seek dispute Secretary, Farm Credit Administration Board. Sandy-affected region. resolution services from: [FR Doc. 2016–22107 Filed 9–14–16; 8:45 am] As a result of Task Force (1) FCA’s FOIA Public Liaison; recommendations, SBA published an BILLING CODE 6705–01–P (i) By mail addressed to FOIA Public interim final rule on April 25, 2014 (79 Liaison, 1501 Farm Credit Drive, FR 22859). The rule amended 13 CFR McLean, Virginia 22101–5090; 123.6 of SBA regulations to allow SBA (ii) By facsimile at 703–790–3260; or SMALL BUSINESS ADMINISTRATION to rely on a disaster applicant’s credit, (iii) By Email at FOIAPublicLiaison@ including score, as evidence of 13 CFR Part 123 fca.gov. repayment ability. This change allowed (2) Office of Government Information RIN 3245–AG61 SBA to expedite processing of Services; applications from disaster victims with (i) By mail to Office of Government Disaster Assistance Loan Program; strong credit by removing the Information Services, National Archives Disaster Loan Credit and Collateral requirement to analyze cash flow for all and Records Administration, 8601 Requirements loans. The interim final rule also revised Adelphi Road—OGIS, College Park, AGENCY: U.S. Small Business 13 CFR 123.11 to increase SBA’s Maryland, 20740–6001; Administration. unsecured disaster loan limit to $25,000 (ii) By facsimile at (202) 741–5769; or for economic injury loans for all ACTION: Final rule. (iii) By Email at ogis@nara.gov. disasters and for physical damage loans SUMMARY: On April 25, 2014, the Small for major disasters. The comment period Subpart C—FOIA Fees for the interim final rule ended on June Business Administration (SBA) ■ 3. Section 602.12 is amended by published in the Federal Register an 23, 2014, and SBA received no adding paragraphs (f), (g) and (h) to read interim final rule amending its disaster comments. as follows: loan program regulations in response to Compliance with Executive Orders Hurricane Sandy Rebuilding Task Force 12866, 12988, 13132, and 13563 and the § 602.12 Fees. recommendations. The first change Paperwork Reduction Act (44 U.S.C., * * * * * allowed SBA to rely on the disaster loan Ch. 35) and the Regulatory Flexibility (f) We will not assess fees if we fail applicant’s credit, including credit Act (5 U.S.C. 601–612) to comply with any time limit under the score, rather than personal or business FOIA or these regulations, and have not cash flow in order to assess repayment Executive Order 12866 timely notified the requester, in writing, ability for those applicants with strong The Office of Management and Budget that an unusual circumstance exists. If credit. The second change increased the (OMB) has determined that this final an unusual circumstance exists, and amount of disaster assistance funds that rule is not a significant regulatory action timely, written notice is given to the can be immediately disbursed to for the purposes of Executive Order borrowers by raising the unsecured rmajette on DSK2TPTVN1PROD with RULES requester, we may be excused an 12866. This is not a major rule under additional 10 working days before fees threshold for economic injury loans for the Congressional Review Act, 5 U.S.C. are automatically waived under this all disasters and for physical damage 800. paragraph. loans for major disasters. SBA received (g) If we determine that unusual no comments on its interim final rule; Executive Order 12988 circumstances apply and more than therefore, SBA adopts the interim final This action meets applicable 5,000 pages are necessary to respond to rule without change. standards set forth in sections 3(a) and VerDate Sep<11>2014 14:38 Sep 14, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM 15SER1


Document Created: 2018-02-09 13:18:09
Document Modified: 2018-02-09 13:18:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis regulation will become effective no earlier than 30 days after publication in the Federal Register during which either one or both Houses of Congress are in session. We will publish a notice of the effective date in the Federal Register.
ContactMike Wilson, Policy Analyst, Office of Regulatory Policy, Farm Credit Administration, McLean, VA 22102-5090, (703)-883-4124, TTY (703) 883-4434; or Autumn Agans, Attorney-Advisor, Office of General Counsel, Farm Credit Administration, McLean, VA 22102-5090. (703) 883-4020, TTY (703) 883-4020.
FR Citation81 FR 63365 
RIN Number3052-AD18
CFR AssociatedCourts; Freedom of Information and Government Employees
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