81_FR_75540 81 FR 75330 - Procedures for Disclosure of Information Under the Freedom of Information Act

81 FR 75330 - Procedures for Disclosure of Information Under the Freedom of Information Act

LEGAL SERVICES CORPORATION

Federal Register Volume 81, Issue 210 (October 31, 2016)

Page Range75330-75338
FR Document2016-25832

The Legal Services Corporation (LSC) is publishing for public comment a proposed final rule to implement the statutorily required amendments in the FOIA Improvement Act of 2016. LSC is also making technical changes to Part 1602 to improve the structure and clarity of its Freedom of Information Act (FOIA) regulations.

Federal Register, Volume 81 Issue 210 (Monday, October 31, 2016)
[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Rules and Regulations]
[Pages 75330-75338]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25832]


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LEGAL SERVICES CORPORATION

45 CFR Part 1602


Procedures for Disclosure of Information Under the Freedom of 
Information Act

AGENCY: Legal Services Corporation.

ACTION: Final rule, request for comments.

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SUMMARY: The Legal Services Corporation (LSC) is publishing for public 
comment a proposed final rule to implement the statutorily required 
amendments in the FOIA Improvement Act of 2016. LSC is also making

[[Page 75331]]

technical changes to Part 1602 to improve the structure and clarity of 
its Freedom of Information Act (FOIA) regulations.

DATES: The final rule is effective on December 15, 2016, unless LSC 
receives substantive adverse comments during the comment period. 
Written comments will be accepted until November 30, 2016.

ADDRESSES: You may submit comments by any of the following methods:
    Email: [email protected]. Include ``Part 1602 Proposed Final Rule'' 
in the subject line of the message.
    Fax: (202) 337-6519, ATTN: Helen Guyton, Part 1602 Proposed Final 
Rule.
    Mail/Hand Delivery/Courier: Helen Guyton, Assistant General 
Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 
20007, ATTN: Part 1602 Proposed Final Rule.
    Instructions: Electronic submissions are preferred via email with 
attachments in Acrobat PDF format. LSC may not consider written 
comments sent via any other method or received after the end of the 
comment period.

FOR FURTHER INFORMATION CONTACT: Helen Gerostathos Guyton, Assistant 
General Counsel, Legal Services Corporation, 3333 K Street NW., 
Washington, DC 20007, (202) 295-1632 (phone), (202) 337-6519 (fax), 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    LSC is subject to the FOIA by the terms of the Legal Services 
Corporation Act. 42 U.S.C. 2996d(g). LSC has implemented FOIA by 
adopting regulations that contain the rules and procedures LSC will 
follow in making its records available to the public. LSC last amended 
its FOIA regulations in 2008. 73 FR 67791, Dec. 31, 2008.
    On June 30, 2016, President Obama signed into law the FOIA 
Improvement Act of 2016 (``2016 Amendments'' or the ``Act''). The Act 
codifies a number of transparency and openness principles and enacts 
housekeeping measures designed to facilitate FOIA requests and 
production. LSC must review its current regulations and issue revised 
regulations on procedures for the disclosure of records consistent with 
the Act no later than December 27, 2016. The revised regulations 
described in this final rule reflect the required changes prescribed by 
the Act. LSC also identified and proposed technical changes to clarify 
the language and update the structure of its FOIA regulations.
    In light of the deadline established by Congress, LSC management 
requested that the Operations and Regulations Committee (Committee) 
recommend that the Board authorize expedited rulemaking and publication 
of this final rule. On October 16, 2016, the Committee considered the 
request and voted to make the recommendation to the Board. On October 
18, 2016, the Board voted to authorize expedited rulemaking and the 
publication of this final rule.

II. Section-by-Section Analysis

Sec.  1602.1 Purpose

    There are no proposed changes to this section.

Sec.  1602.2 Definitions

    LSC modified several existing definitions, deleted one definition, 
and added five new definitions to make its regulations clearer. 
Specifically, LSC amended the Definitions section as follows:
    Duplication. LSC is modifying this definition to require the 
release of records ``in a form appropriate for release.'' This change 
complies with FOIA guidance that records be released in the format 
requested, where possible.
    LSC. LSC is replacing all references to ``the Corporation'' with 
``LSC'' for simplicity. LSC is introducing this definition to make 
clear that, unless otherwise specified, references to LSC in this rule 
include both the Corporation and LSC's Office of Inspector General.
    Office. LSC is adding this definition in order to simplify 
references to the Office of Inspector General and/or the Office of 
Legal Affairs, where appropriate.
    Office of Inspector General records. LSC is deleting this 
definition because the general definition of ``Records'' includes the 
Office of Inspector General records, making this definition redundant.
    Person. LSC's current regulations do not define person. To address 
this gap, LSC is adding a definition modeled after the definition of 
person contained in the FOIA, 5 U.S.C. 551(2).
    Records. LSC is modifying he definition of this term to comport 
with the definition of records in LSC's Records Management Policy, 
which was updated in September 2015. It also incorporates Office of 
Inspector General records, which were previously defined separately.
    Rule. LSC's FOIA regulations cite to personnel rules, rules of 
procedure, and substantive rules, but do not define the term rule. To 
address this gap, LSC has added a definition of rule modeled on the 
definition contained in the FOIA, 5 U.S.C. 551(4).
    Submitter. On February 14, 2003, LSC published in the Federal 
Register a final rule adding provisions for a submitter's rights 
process to its FOIA regulations. 68 FR 7433, Feb. 14, 2003. These 
provisions were modeled after the process outlined in Executive Order 
No. 12,600 (June 23, 1987). The 2003 final rule limited submitter 
solely to any person or entity from whom LSC receives grant application 
records. LSC is now expanding the definition of submitter to include 
``any person or applicant for funds who provides confidential 
commercial information to LSC.'' This definition more closely conforms 
with the spirit of E.O. 12,600 and ensures that submitters who may have 
an interest in the protection of their confidential commercial 
information are properly notified.
    Confidential Commercial Information. LSC is adding a definition of 
``Confidential Commercial Information'' modeled on the definition in 
E.O. 12,600, to comport with the new definition of ``Submitter'' 
described above.

Sec.  1602.3 Policy

    LSC is making minor technical edits to clarify this section.

Sec.  1602.4 Records Published in the Federal Register

    LSC is making minor technical edits to clarify this section.

Sec.  1602.5 Public Reading Room

    This section sets out the process by which LSC makes available for 
public inspection the records described in the FOIA, 5 U.S.C. 
552(a)(2). In the current version of its FOIA regulations, LSC sets out 
the specific categories of records that must be publicly disclosed. LSC 
is deleting those specific provisions and replacing them with a broader 
reference to Sec.  552(a)(2) generally in anticipation of implementing 
the ``Release to One, Release to All'' policy.
    The Department of Justice Office of Information Policy launched a 
pilot program as part of its Open Government Initiative called 
``Release to One, Release to All.'' Under this policy, agencies would 
release FOIA processed records not only to a requester, but to the 
public at large by posting them online. LSC intends to comply with this 
policy immediately. As a result, it is revising the description of 
records in this section to track what LSC actually will be disclosing 
upon implementation of the ``Release to One, Release to All'' policy.
    LSC is also making minor technical revisions to clarify this 
section.

[[Page 75332]]

Sec.  1602.6 Procedures for Using the Public Reading Room

    LSC is adding a provision to this section that will provide 
requesters with onsite computer and printer access to electronic 
reading room records. This provision is consistent with federal agency 
practice and provides greater access to LSC's records to the public at 
large.

Sec.  1602.7 Index of Records

    LSC is updating this section to reflect its current practice of 
maintaining its index of records electronically.

Sec.  1602.8 Requests for Records

    The current version of Sec.  1602.8 includes provisions relating to 
the format of requests for records, the timing of responses, and the 
format of responses to requests. There are no subheadings to 
distinguish these provisions within the section, making it difficult to 
follow. To improve readability, LSC is restructuring Sec.  1602.8 by 
limiting the section solely to provisions related to the format of FOIA 
requests. LSC is also adding a provision that informs requesters of 
their right to specify the preferred form or format for the records 
sought and that requires requesters to provide their contact 
information to assist LSC in communicating with them about their 
request.

Sec.  1602.9 Timing and Responses to Requests for Records

    This is a new section. As described in the discussion of Sec.  
1602.8, LSC determined that it would be clearer if the provisions for 
timing and responses to requests were contained in a separate section. 
LSC also is making technical changes to the language and structure to 
improve clarity. In addition, LSC is adding provisions describing the 
dispute resolution processes available to the public as required by the 
2016 Amendments. These provisions describe when a requester may seek 
assistance, including dispute resolution services, from an LSC FOIA 
Public Liaison or the U.S. National Archives and Record 
Administration's Office of Government Information Services.

Sec.  1602.10 Exemptions for Withholding Records

    LSC is amending this section to incorporate the 2016 Amendments' 
codification of the Department of Justice's foreseeable harm standard, 
which requires LSC to withhold information only if disclosure would 
harm an interest protected by an exemption or prohibited by law. It 
further obligates LSC to consider whether partial disclosure of 
information is possible when full disclosure is not and to take 
reasonable steps to segregate and release nonexempt information.
    In addition, LSC is modifying its rule regarding the applicability 
of the deliberative process privilege, as required by the 2016 
Amendments. The privilege now applies only to records created within 25 
years of the date on which the records were requested.
    Finally, LSC is adding exemptions 1, 8, and 9 from 5 U.S.C. 
552(8)(B)(b) to its regulations. While these exemptions, which deal 
with national security, financial institutions, and geological 
information, generally do not apply to the work of LSC, their absence 
caused confusion because LSC's exemption numbers did not track the 
commonly used exemption numbers found in both the FOIA and case law. 
This change will eliminate any confusion.

Sec.  1602.11 Officials Authorized To Grant or Deny Requests for 
Records

    LSC is deleting paragraph (a) of this section, which describes the 
role of the General Counsel in adequately and consistently applying the 
provisions of this part within LSC. The 2016 Amendments establish the 
role of the Chief FOIA Officer in ensuring compliance with FOIA, 
thereby superseding LSC's current regulations.

Sec.  1602.12 Denials

    LSC is adding a provision to this section requiring it to include a 
provision in its denial decisions notifying the requester of his or her 
right to seek dispute resolution services from LSC's FOIA Public 
Liaison or the Office of Government Information Services.

Sec.  1602.13 Appeals of Denials

    LSC is making minor technical edits to clarify this section. LSC is 
also adding a provision required by the 2016 Amendments. This provision 
requires LSC to notify a requester of the mediation services offered by 
the Office of Government Information Systems as a non-exclusive 
alternative to litigation.

Sec.  1602.14 Fees

    LSC is adding a provision to this section that prohibits LSC from 
assessing fees if its response time is delayed, subject to limited 
exceptions described in the 2016 Amendments. LSC is also deleting 
references to the specific dollar amounts it will charge for search and 
reproduction costs because they are outdated and providing instead the 
web address for its FOIA page, which will contain current fee and cost 
schedules.

Sec.  1602.15 Submitter's Rights Process

    As previously described in the discussion of Sec.  1602.2's 
definition of the term submitter, LSC is expanding the submitter's 
rights process to include ``any person or applicant for funds who 
provides confidential commercial information to LSC.'' This definition 
more closely conforms with the spirit of E.O. 12,600 and ensures that 
submitters who may have an interest in the protection of their 
confidential information are properly notified.
    LSC is further modifying this section to include a right to appeal 
to the Inspector General for Office of Inspector General-related 
requests, as the current regulations do not provide a mechanism to do 
so.
    Finally, LSC is clarifying an ambiguous provision that requires a 
submitter to provide to LSC within seven days his or her statement 
objecting to disclosure of his information. LSC must receive the 
submitter's statement within seven days of the date of LSC's notice to 
the submitter.

List of Subjects in 45 CFR Part 1602

    Freedom of Information.

0
For the reasons stated in the preamble, revise 45 CFR part 1602 to read 
as follows:

PART 1602--PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE 
FREEDOM OF INFORMATION ACT

Sec.
1602.1 Purpose.
1602.2 Definitions.
1602.3 Policy.
1602.4 Records published in the Federal Register.
1602.5 Public reading room.
1602.6 Procedures for use of public reading room.
1602.7 Index of records.
1602.8 Requests for records.
1602.9 Timing and responses to requests for records.
1602.10 Exemptions for withholding records.
1602.11 Officials authorized to grant or deny requests for records.
1602.12 Denials.
1602.13 Appeals of denials.
1602.14 Fees.
1602.15 Submitter's rights process.

    Authority:  42 U.S.C. 2996g(e)


Sec.  1602.1   Purpose.

    This part contains the rules and procedures the Legal Services 
Corporation (LSC) follows in making records available to the public 
under the Freedom of Information Act.

[[Page 75333]]

Sec.  1602.2  Definitions.

    (a) Commercial use request means a request from or on behalf of one 
who seeks information for a use or purpose that furthers the 
commercial, trade, or profit interests of the requester or the person 
on whose behalf the request is made. In determining whether a requester 
properly belongs in this category, LSC will look to the use to which a 
requester will put the documents requested. When LSC has reasonable 
cause to doubt the requester's stated use of the records sought, or 
where the use is not clear from the request itself, it will seek 
additional clarification before assigning the request to a category.
    (b) Confidential commercial information means records provided to 
LSC by a submitter that arguably contain material exempt from release 
under Exemption 4 of the FOIA, 5 U.S.C. 552(b)(4), because disclosure 
could reasonably be expected to cause substantial competitive harm.
    (c) Duplication means the process of making a copy of a requested 
record pursuant to this part in a form appropriate for release in 
response to a FOIA request.
    (d) Educational institution means a preschool, a public or private 
elementary or secondary school, an institution of undergraduate or 
graduate higher education, or an institution of professional or 
vocational education which operates a program or programs of scholarly 
research.
    (e) FOIA means the Freedom of Information Act, 5 U.S.C. 552.
    (f) LSC means the Legal Services Corporation. Unless explicitly 
stated otherwise, LSC includes the Office of Inspector General.
    (g) Non-commercial scientific institution means an institution that 
is not operated on a commercial basis and which is operated solely for 
the purpose of conducting scientific research, the results of which are 
not intended to promote any particular product or industry.
    (h) Office refers to the Office of Legal Affairs and/or the Office 
of Inspector General (OIG).
    (i) Person includes an individual, partnership, corporation, 
association, or public or private organization other than LSC.
    (j) Records are any type of information made or received by LSC or 
the OIG for purposes of transacting LSC or OIG business and preserved 
by LSC or the OIG (either directly or maintained by a third party under 
contract to LSC or the OIG for records management purposes) regardless 
of form (e.g., paper or electronic, formal or informal, copies or 
original) as evidence of LSC's or OIG's organization, functions, 
policies, decisions, procedures, operations, or other activities of LSC 
or the OIG or because the Record has informational value.
    (k) Representative of the news media means any person or entity 
that gathers information of potential interest to a segment of the 
public, uses its editorial skills to turn the raw materials into a 
distinct work, and distributes that work to an audience. In this 
clause, the term ``news'' means information that is about current 
events or that would be of current interest to the public. Examples of 
news media entities are television or radio stations broadcasting to 
the public at large and publishers of periodicals (but only if such 
entities qualify as disseminators of ``news'') who make their products 
available for purchase or subscription or by free distribution to the 
general public. These examples are not all-inclusive. Moreover, as 
methods of news delivery evolve (for example, the adoption of the 
electronic dissemination of newspapers through telecommunications 
services), such alternative media shall be considered to be news media 
entities. A freelance journalist shall be regarded as working for a 
news media entity if the journalist can demonstrate a solid basis for 
expecting publication through that entity, whether or not the 
journalist is actually employed by the entity. A publication contract 
would present a solid basis for such an expectation. LSC may also 
consider the past publication record of the requester in making such a 
determination.
    (l) Review means the process of examining documents located in 
response to a request to determine whether any portion of any such 
document is exempt from disclosure. It also includes processing any 
such documents for disclosure. Review does not include time spent 
resolving general legal or policy issues regarding the application of 
exemptions.
    (m) Rule means the whole or a part of an LSC statement of general 
or particular applicability and future effect designed to implement, 
interpret, or prescribe law or policy or describing the organization, 
procedure, or practice requirements of LSC.
    (n) Search means the process of looking for and retrieving records 
that are responsive to a request for records. It includes page-by-page 
or line-by-line identification of material within documents and also 
includes reasonable efforts to locate and retrieve information from 
records maintained in electronic form or format. Searches may be 
conducted manually or by automated means and will be conducted in the 
most efficient and least expensive manner.
    (o) Submitter means any person or applicant for funds who provides 
confidential commercial information to LSC.


Sec.  1602.3   Policy.

    LSC will make records concerning its operations, activities, and 
business available to the public to the maximum extent reasonably 
possible. LSC will withhold records from the public only in accordance 
with the FOIA and this part. LSC will disclose records otherwise exempt 
from disclosure under the FOIA when disclosure is not prohibited by law 
and disclosure would not foreseeably harm a legitimate interest of the 
public, LSC, a recipient, or any individual.


Sec.  1602.4   Records published in the Federal Register.

    LSC routinely publishes in the Federal Register information on its 
basic structure and operations necessary to inform the public how to 
deal effectively with LSC. LSC will make reasonable efforts to 
currently update such information, which will include basic information 
on LSC's location, functions, rules of procedure, substantive rules, 
statements of general policy, and information regarding how the public 
may obtain information, make submittals or requests, or obtain 
decisions.


Sec.  1602.5   Public reading room.

    (a) LSC will maintain a public reading room at its offices at 3333 
K St. NW., Washington, DC 20007. This room will be supervised and will 
be open to the public during LSC's regular business hours. Procedures 
for use of the public reading room are described in Sec.  1602.6. LSC 
also maintains an electronic public reading room that may be accessed 
at http://www.lsc.gov/about-lsc/foia/foia-electronic-public-reading-room.
    (b) Subject to the limitation stated in paragraph (c), LSC will 
make available for public inspection in its electronic public reading 
room the records described in 5 U.S.C. 552(a)(2).
    (c) Certain records otherwise required by FOIA to be available in 
the public reading room may be exempt from mandatory disclosure 
pursuant to 5 U.S.C. 552(b) and Sec.  1602.10. LSC will not make such 
records available in the public reading room. LSC may edit other 
records maintained in the reading room by redacting details about 
individuals to prevent clearly unwarranted invasions of personal 
privacy. In such cases, LSC will attach

[[Page 75334]]

a full explanation of the redactions to the record. LSC will indicate 
the extent of the redactions unless doing so would harm an interest 
protected by the exemption under which the redactions are made. If 
technically feasible, LSC will indicate the extent of the redactions at 
the place in the record where the redactions were made.


Sec.  1602.6  Procedures for use of public reading room.

    (a) A person who wishes to inspect or copy records in the public 
reading room should arrange a time in advance, by telephone or letter 
request made to the Office of Legal Affairs, Legal Services 
Corporation, 3333 K Street NW., Washington, DC 20007 or by email to 
[email protected].
    (1) In appropriate circumstances, LSC will advise persons making 
telephonic requests to use the public reading room that a written 
request would aid in the identification and expeditious processing of 
the records sought.
    (2) Written requests should identify the records sought in the 
manner provided in Sec.  1602.8(b) and should request a specific date 
for inspecting the records.
    (b) LSC will advise the requester as promptly as possible if, for 
any reason, it is not feasible to make the records sought available on 
the date requested.
    (c) A computer terminal and printer are available upon request in 
the public reading room for accessing Electronic Reading Room records.


Sec.  1602.7   Index of records.

    LSC will maintain and make available for public inspection in an 
electronic format a current index identifying any matter within the 
scope of Sec. Sec.  1602.4 and 1602.5(b).


Sec.  1602.8   Requests for records.

    (a) LSC will make its records promptly available, upon request, to 
any person in accordance with this section, unless:
    (1) The FOIA requires the records to be published in the Federal 
Register (Sec.  1602.4) or to be made available in the public reading 
room (Sec.  1602.5); or
    (2) LSC determines that such records should be withheld and are 
exempt from mandatory disclosure under the FOIA and Sec.  1602.10.
    (b)(1) Requests for LSC records. All requests for LSC records must 
be clearly marked Freedom of Information Act Request and shall be 
addressed to the FOIA Analyst, Office of Legal Affairs, Legal Services 
Corporation, 3333 K Street NW., Washington, DC 20007. Email requests 
shall be sent to [email protected]. Requests for LSC Records may also be 
made online using the FOIA Request Electronic Submission Form located 
at http://www.lsc.gov/about-lsc/foia.
    (2) Requests for Office of Inspector General records. All requests 
for records maintained by the OIG must be clearly marked Freedom of 
Information Act Request and shall be addressed to the FOIA Officer, 
Office of Inspector General, Legal Services Corporation, 3333 K Street 
NW., Washington, DC 20007. Email requests shall be sent to 
[email protected].
    (3) Any request not marked and addressed as specified in this 
section will be so marked by LSC personnel as soon as it is properly 
identified, and will be forwarded immediately to the appropriate 
Office. A request improperly addressed will be deemed to have been 
received as in accordance with Sec.  1602.9 only when it has been 
received by the appropriate Office. Upon receipt of an improperly 
addressed request, the Chief FOIA Officer, Office of Inspector General 
Legal Counsel or their designees shall notify the requester of the date 
on which the time period began.
    (c) A request must reasonably describe the records requested so 
that employees of LSC who are familiar with the subject area of the 
request are able, with a reasonable amount of effort, to determine 
which particular records are within the scope of the request. Before 
submitting their requests, requesters may contact LSC's or OIG's FOIA 
Analyst or FOIA Public Liaison to discuss the records they seek and to 
receive assistance in describing the records. If LSC determines that a 
request does not reasonably describe the records sought, LSC will 
inform the requester what additional information is needed or why the 
request is otherwise insufficient. Requesters who are attempting to 
reformulate or modify their request may discuss their request with 
LSC's or OIG's FOIA Analyst or FOIA Public Liaison. If a request does 
not reasonably describe the records sought, LSC's response to the 
request may be delayed.
    (d) To facilitate the location of records by LSC, a requester 
should try to provide the following kinds of information, if known:
    (1) The specific event or action to which the record refers;
    (2) The unit or program of LSC which may be responsible for or may 
have produced the record;
    (3) The date of the record or the date or period to which it refers 
or relates;
    (4) The type of record, such as an application, a grant, a 
contract, or a report;
    (5) Personnel of LSC who may have prepared or have knowledge of the 
record;
    (6) Citations to newspapers or publications which have referred to 
the record.
    (e) Requests may specify the preferred form or format (including 
electronic formats) for the records sought. LSC will provide records in 
the form or format indicated by the requester to the extent such 
records are readily reproducible in the requested form or format. LSC 
reserves the right to limit the number of copies of any document that 
will be provided to any one requester or to require that special 
arrangements for duplication be made in the case of bound volumes or 
other records representing unusual problems of handling or 
reproduction.
    (f) Requesters must provide contact information, such as their 
phone number, email address, and/or mailing address, to assist LSC in 
communicating with them and providing released records.
    (g) LSC is not required to create a record or to perform research 
to satisfy a request.
    (h) Any request for a waiver or reduction of fees should be 
included in the FOIA request, and any such request should indicate the 
grounds for a waiver or reduction of fees, as set out in Sec.  
1602.14(g). LSC shall respond to such request as promptly as possible.


Sec.  1602.9  Timing and responses to requests for records.

    (a)(1)(i) Upon receiving a request for LSC or Inspector General 
records under Sec.  1602.8, the Chief FOIA Officer, Office of Inspector 
General Legal Counsel or their designees shall make an initial 
determination of whether to comply with or deny such request. The Chief 
FOIA Officer, Office of Inspector General Legal Counsel or their 
designees will send the determination to the requester within 20 
business days after receipt of the request and will notify the 
requester of their right to seek assistance from an LSC FOIA Public 
Liaison.
    (ii) If the processing Office determines that a request or portion 
thereof is for the other Office's records, the processing Office shall 
promptly refer the request or portion thereof to the appropriate Office 
and send notice of such referral to the requester.
    (2) The 20-day period under paragraph (a)(1)(i) of this section 
shall commence on the date on which the request is first received by 
the appropriate Office, but in no event later than 10 working days 
after the request has been received by either the Office of Legal 
Affairs or the Office of Inspector

[[Page 75335]]

General. The 20-day period shall not be tolled by the Office processing 
the request except that the processing Office may make one request to 
the requester for information pursuant to paragraph (b) of this section 
and toll the 20-day period while
    (i) It is awaiting such information that it has reasonably 
requested from the requester under this section; or
    (ii) It communicates with the requester to clarify issues regarding 
fee assessment. In either case, the processing Office's receipt of the 
requester's response to such a request for information or clarification 
ends the tolling period.
    (b)(1) In unusual circumstances, as specified in paragraph (b)(3) 
of this section, LSC may extend the time limit for up to 10 working 
days by written notice to the requester setting forth the reasons for 
such extension and the date on which LSC expects to send its 
determination.
    (2) If a request is particularly broad or complex so that it cannot 
be completed within the time periods stated in paragraph (a)(1)(i) of 
this section, LSC may ask the requester to narrow the request or agree 
to an additional delay. In addition, to aid the requester, LSC shall 
make available a FOIA Public Liaison, who shall assist in the 
resolution of any disputes between the requester and LSC, and shall 
notify the requester of his right to seek dispute resolution services 
from the U.S. National Archives and Records Administration's Office of 
Government Information Services.
    (3) Unusual circumstances. As used in this part, unusual 
circumstances are limited to the following, but only to the extent 
reasonably necessary for the proper processing of the particular 
request:
    (i) The need to search for and collect the requested records from 
establishments that are separate from the office processing the 
request;
    (ii) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records which are demanded 
in a single request; or
    (iii) The need for consultation, which shall be conducted with all 
practicable speed, with another agency or organization, such as a 
recipient, having a substantial interest in the determination of the 
request or among two or more components of LSC having substantial 
subject matter interest therein.
    (c)(1) When the processing Office cannot send a determination to 
the requester within the applicable time limit, the Chief FOIA Officer, 
Office of the Inspector General Legal Counsel, or their designees shall 
inform the requester of the reason for the delay, the date on which the 
processing Office expects to send its determination, and the 
requester's right to treat the delay as a denial and to appeal to LSC's 
President or Inspector General, in accordance with Sec.  1602.13, or to 
seek dispute resolution services from a FOIA Public Liaison or the 
Office of Government Information Services.
    (2) If the processing Office has not sent its determination by the 
end of the 20-day period or the last extension thereof, the requester 
may deem the request denied, and exercise a right of appeal in 
accordance with Sec.  1602.13, or seek dispute resolution services from 
LSC's or OIG's FOIA Public Liaison or the National Archives and Records 
Administration's Office of Government Information Services. The Chief 
FOIA Officer, Office of Inspector General Legal Counsel, or their 
designees may ask the requester to forego appeal until a determination 
is made.
    (d) After the processing Office determines that a request will be 
granted, LSC or the OIG will act with due diligence in providing a 
substantive response.
    (e)(1) Expedited treatment. Requests and appeals will be taken out 
of order and given expedited treatment whenever the requester 
demonstrates a compelling need. A compelling need means:
    (i) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (ii) An urgency to inform the public about an actual or alleged LSC 
activity and the request is made by a person primarily engaged in 
disseminating information;
    (iii) The loss of substantial due process rights; or
    (iv) A matter of widespread and exceptional media interest raising 
questions about LSC's integrity which may affect public confidence in 
LSC.
    (2) A request for expedited processing may be made at the time of 
the initial request for records or at any later time. For a prompt 
determination, a request for expedited processing must be properly 
addressed and marked and received by LSC pursuant to Sec.  1602.8.
    (3) A requester who seeks expedited processing must submit a 
statement demonstrating a compelling need and explaining in detail the 
basis for requesting expedited processing. The requester must certify 
that the statement is true and correct to the best of the requester's 
knowledge and belief.
    (4) Within 10 calendar days of receiving a request for expedited 
processing, the Chief FOIA Officer, Office of Inspector General Legal 
Counsel or their designees shall decide whether to grant the request 
and shall notify the requester of the decision. If a request for 
expedited treatment is granted, the request shall be given priority and 
shall be processed as soon as practicable. If a request for expedited 
processing is denied, the requester may appeal in writing to LSC's 
President or Inspector General in the format described in Sec.  
1602.13(a). Any appeal of a denial for expedited treatment shall be 
acted on expeditiously by LSC.


Sec.  1602.10  Exemptions for withholding records.

    (a) LSC shall--
    (1) Withhold information under this section only if--
    (i) LSC reasonably foresees that disclosure would harm an interest 
protected by an exemption described in paragraph (b); or
    (ii) Disclosure is prohibited by law; and
    (2)(i) Consider whether partial disclosure of information is 
possible whenever LSC determines that a full disclosure of a requested 
record is not possible; and
    (ii) Take reasonable steps necessary to segregate and release 
nonexempt information; and
    (b) LSC may withhold a requested record from public disclosure only 
if one or more of the following exemptions authorized by the FOIA 
apply:
    (1)(i) Matter that is specifically authorized under criteria 
established by an Executive order to be kept secret in the interest of 
national defense or foreign policy and
    (ii) Is in fact properly classified pursuant to such Executive 
Order;
    (2) Matter that is related solely to the internal personnel rules 
and practices of LSC;
    (3) Matter that is specifically exempted from disclosure by statute 
(other than the exemptions under FOIA at 5 U.S.C. 552(b)), provided 
that such statute requires that the matters be withheld from the public 
in such a manner as to leave no discretion on the issue, or establishes 
particular criteria for withholding, or refers to particular types of 
matters to be withheld;
    (4) Trade secrets and commercial or financial information obtained 
from a person and privileged or confidential;
    (5) Inter-agency or intra-agency memoranda or letters that would 
not be available by law to a party other than an agency in litigation 
with the Corporation, provided that the

[[Page 75336]]

deliberative process privilege shall not apply to records created 25 
years or more before the date on which the records were requested;
    (6) Personnel and medical files and similar files, the disclosure 
of which would constitute a clearly unwarranted invasion of personal 
privacy;
    (7) Records or information compiled for law enforcement purposes, 
including enforcing the Legal Services Corporation Act or any other 
law, but only to the extent that the production of such law enforcement 
records or information:
    (i) Could reasonably be expected to interfere with enforcement 
proceedings;
    (ii) Would deprive a person or a recipient of a right to a fair 
trial or an impartial adjudication;
    (iii) Could reasonably be expected to constitute an unwarranted 
invasion of personal privacy;
    (iv) Could reasonably be expected to disclose the identity of a 
confidential source, including a State, local, or foreign agency or 
authority or any private institution that furnished information on a 
confidential basis, and in the case of a record or information compiled 
by a criminal law enforcement authority in the course of a criminal 
investigation, information furnished by a confidential source;
    (v) Would disclose techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose guidelines for law 
enforcement investigations or prosecutions if such disclosure could 
reasonably be expected to risk circumvention of the law; or
    (vi) Could reasonably be expected to endanger the life or physical 
safety of any individual;
    (8) Matter that is contained in or related to examination, 
operating, or condition reports prepared by, on behalf of, or for the 
use of an agency responsible for the regulation or supervision of 
financial institutions; or
    (9) Geological and geophysical information and data, including 
maps, concerning wells.
    (c) In the event that one or more of the exemptions in paragraph 
(b) of this section applies, any reasonably segregable portion of a 
record shall be provided to the requester after redaction of the exempt 
portions. The amount of information redacted and the exemption under 
which the redaction is being made shall be indicated on the released 
portion of the record, unless doing so would harm the interest 
protected by the exemption under which the redaction is made. If 
technically feasible, the amount of information redacted and the 
exemption under which the redaction is being made shall be indicated at 
the place in the record where the redaction occurs.
    (d) No requester shall have a right to insist that any or all of 
the techniques in paragraph (c) of this section should be employed in 
order to satisfy a request.
    (e) Records that may be exempt from disclosure pursuant to 
paragraph (b) of this section may be made available at the discretion 
of the LSC official authorized to grant or deny the request for 
records, after appropriate consultation as provided in Sec.  1602.11. 
Records may be made available pursuant to this paragraph when 
disclosure is not prohibited by law and does not appear adverse to 
legitimate interests of LSC, the public, a recipient, or any person.


Sec.  1602.11   Officials authorized to grant or deny requests for 
records.

    (a) The Chief FOIA Officer, Office of Inspector General Legal 
Counsel or their designees are authorized to grant or deny requests 
under this part. In the absence of an Office of Inspector General Legal 
Counsel, the Inspector General shall name a designee who will be 
authorized to grant or deny requests under this part and who will 
perform all other functions of the Office of Inspector General Legal 
Counsel under this part.
    (b)(1) The Chief FOIA Officer or designee shall consult with the 
Office of Inspector General Legal Counsel or designee prior to granting 
or denying any request for records or portions of records which 
originated with the OIG, or which contain information which originated 
with the OIG, but which are maintained by other components of LSC.
    (2) The Office of Inspector General Legal Counsel or designee shall 
consult with the Chief FOIA Officer or designee prior to granting or 
denying any request for records or portions of records which originated 
with any component of LSC other than the OIG, or which contain 
information which originated with a component of LSC other than the 
OIG, but which are maintained by the OIG.


Sec.  1602.12   Denials.

    (a) A denial of a written request for a record that complies with 
the requirements of Sec.  1602.8 shall be in writing and shall include 
the following:
    (1) A reference to the applicable exemption or exemptions in Sec.  
1602.10(b) upon which the denial is based;
    (2) An explanation of how the exemption applies to the requested 
records;
    (3) A statement explaining why it is deemed unreasonable to provide 
segregable portions of the record after deleting the exempt portions;
    (4) An estimate of the volume of requested matter denied unless 
providing such estimate would harm the interest protected by the 
exemption under which the denial is made;
    (5) The name and title of the person or persons responsible for 
denying the request;
    (6) An explanation of the right to appeal the denial and of the 
procedures for submitting an appeal, as described in Sec.  1602.13, 
including the address of the official to whom appeals should be 
submitted; and
    (7) An explanation of the right of the requester to seek dispute 
resolution services from a FOIA Public Liaison or the Office of 
Government Information Services.
    (b) Whenever LSC makes a record available subject to the deletion 
of a portion of the record, such action shall be deemed a denial of a 
record for purposes of paragraph (a) of this section.
    (c) All denials shall be treated as final opinions under Sec.  
1602.5(b)(1).


Sec.  1602.13  Appeals of denials.

    (a) Any person whose written request has been denied is entitled to 
appeal the denial within 90 days of the date of the response by writing 
to the President of LSC or, in the case of a denial of a request for 
OIG records, the Inspector General, at the mailing or email addresses 
given in Sec.  1602.8(b)(1) and (2). The envelope and letter or email 
appeal should be clearly marked: ``Freedom of Information Appeal.'' An 
appeal need not be in any particular form, but should adequately 
identify the denial, if possible, by describing the requested record, 
identifying the official who issued the denial, and providing the date 
on which the denial was issued.
    (b) No personal appearance, oral argument, or hearing will 
ordinarily be permitted on appeal of a denial. Upon request and a 
showing of special circumstances, however, this limitation may be 
waived and an informal conference may be arranged with the President, 
Inspector General or their designees for this purpose.
    (c) The decision of the President or the Inspector General on an 
appeal shall be in writing and, in the event the denial is in whole or 
in part upheld, shall contain an explanation responsive to the 
arguments advanced by the requester, the matters described in Sec.  
1602.12(a)(1) through (4), and the provisions for judicial review of 
such decision under 5 U.S.C. 552(a)(4). The decision must also notify 
the requester of the mediation services offered by the

[[Page 75337]]

National Archives and Records Administration's Office of Government 
Information Systems as a non-exclusive alternative to litigation.
    (d) LSC will send its decision to the requester within 20 business 
days after receipt of the appeal, unless an additional period is 
justified due to unusual circumstances, as described in Sec.  1602.9, 
in which case LSC may extend the time limit for up to 10 working days 
by written notice to the requester setting forth the reasons for such 
extension and the date on which LSC expects to send its determination. 
The decision of the President or the Inspector General shall constitute 
the final action of LSC. All such decisions shall be treated as final 
opinions under Sec.  1602.5(b)(1).
    (e) On an appeal, the President or designee shall consult with the 
OIG prior to reversing in whole or in part the denial of any request 
for records or portions of records which originated with the OIG, or 
which contain information which originated with the OIG, but which are 
maintained by other components of LSC. The Inspector General or 
designee shall consult with the President prior to reversing in whole 
or in part the denial of any request for records or portions of records 
which originated with LSC, or which contain information which 
originated with LSC, but which are maintained by the OIG.


Sec.  1602.14   Fees.

    (a) LSC will not charge fees for information routinely provided in 
the normal course of doing business.
    (b)(1) When records are requested for commercial use, LSC shall 
limit fees to reasonable standard charges for document search, review, 
and duplication.
    (2) LSC shall not assess any search fees (or if the requester is a 
representative of the news media, duplication fees) if LSC has failed 
to comply with the time limits set forth in Sec.  1602.9 and no unusual 
circumstances, as defined in that section apply.
    (3)(i) If LSC has determined that unusual circumstances as defined 
in Sec.  1602.9 apply and LSC has provided timely written notice to the 
requester in accordance with Sec.  1602.9(b)(1), a failure described in 
paragraph Sec.  1602.9(c)(2) is excused for an additional 10 days. If 
LSC fails to comply with the extended time limit, LSC may not assess 
any search fees (or, if the requester is a representative of the news 
media, duplication fees).
    (ii) If LSC has determined that unusual circumstances as defined in 
Sec.  1602.9 apply and more than 5,000 pages are necessary to respond 
to the request, LSC may charge search fees or duplication fees if LSC 
has provided a timely written notice to the requester in accordance 
with Sec.  1602.9 and LSC has discussed with the requester via written 
mail, electronic mail, or telephone (or made not less than three good-
faith attempts to do so) how the requester could effectively limit the 
scope of the request in accordance with paragraph Sec.  1602.9.
    (c) When records are sought by a representative of the news media 
or by an educational or non-commercial scientific institution, LSC 
shall limit fees to reasonable standard charges for document 
duplication after the first 100 pages; and
    (d) For all other requests, LSC shall limit fees to reasonable 
standard charges for search time after the first 2 hours and 
duplication after the first 100 pages.
    (e) The schedule of charges and fees for services regarding the 
production or disclosure of the Corporation's records may be viewed on 
LSC's FOIA home page at http://www.lsc.gov/about-lsc/foia.
    (f) LSC may charge for time spent searching even if it does not 
locate any responsive records or it withholds the records located as 
exempt from disclosure.
    (g) Fee waivers. A requester may seek a waiver or reduction of the 
fees established under paragraph (e) of this section. A fee waiver or 
reduction request will be granted where LSC has determined that the 
requester has demonstrated that disclosure of the information is in the 
public interest because it is likely to contribute significantly to 
public understanding of the operations of LSC and is not primarily in 
the commercial interest of the requester.
    (1) In order to determine whether disclosure of the information is 
in the public interest because it is likely to contribute significantly 
to public understanding of the operations or activities of LSC, LSC 
shall consider the following four factors:
    (i) The subject of the request: Whether the subject of the 
requested records concerns ``the operations or activities of LSC.'' The 
subject of the requested records must concern identifiable operations 
or activities of LSC, with a connection that is direct and clear, not 
remote or attenuated.
    (ii) The informative value of the information to be disclosed: 
Whether the disclosure is ``likely to contribute'' to an understanding 
of LSC operations or activities. The requested records must be 
meaningfully informative about LSC operations or activities in order to 
be likely to contribute to an increased public understanding of those 
operations or activities. The disclosure of information that is already 
in the public domain, in either a duplicative or a substantially 
identical form, would not be likely to contribute to such understanding 
where nothing new would be added to the public's understanding.
    (iii) The contribution to an understanding of the subject by the 
public likely to result from disclosure: Whether disclosure of the 
requested records will contribute to ``public understanding.'' The 
disclosure must contribute to a reasonably broad audience of persons 
interested in the subject, as opposed to the personal interest of the 
requester. A requester's expertise in the subject area and ability and 
intention to effectively convey information to the public shall be 
considered. LSC shall presume that a representative of the news media 
will satisfy this consideration.
    (iv) The significance of the contribution to public understanding: 
Whether the disclosure is likely to contribute ``significantly'' to 
public understanding of LSC operations or activities. The disclosure 
must enhance the public's understanding of the subject in question to a 
significant extent.
    (2) In order to determine whether disclosure of the information is 
not primarily in the commercial interest of the requester, LSC will 
consider the following two factors:
    (i) The existence and magnitude of a commercial interest: Whether 
the requester has a commercial interest that would be furthered by the 
requested disclosure. LSC shall consider any commercial interest of the 
requester (with reference to the definition of ``commercial use'' in 
this part) or of any person on whose behalf the requester may be 
acting, that would be furthered by the requested disclosure.
    (ii) The primary interest in disclosure: Whether the magnitude of 
the identified commercial interest is sufficiently large, in comparison 
with the public interest in disclosure, that disclosure is 
``primarily'' in the commercial interest of the requester. A fee waiver 
or reduction is justified where the public interest is of greater 
magnitude than is any identified commercial interest in disclosure. LSC 
ordinarily shall presume that where a news media requester has 
satisfied the public interest standard, the public interest will be the 
interest primarily served by disclosure to that requester. Disclosure 
to data brokers or others who merely compile and market government 
information for direct economic return

[[Page 75338]]

shall not be presumed primarily to serve a public interest.
    (3) Where LSC has determined that a fee waiver or reduction request 
is justified for only some of the records to be released, LSC shall 
grant the fee waiver or reduction for those records.
    (4) Requests for fee waivers and reductions shall be made in 
writing and must address the factors listed in this paragraph as they 
apply to the request.
    (h) Requesters must agree to pay all fees charged for services 
associated with their requests. LSC will assume that requesters agree 
to pay all charges for services associated with their requests up to 
$25 unless otherwise indicated by the requester. For requests estimated 
to exceed $25, LSC will consult with the requester prior to processing 
the request, and such requests will not be deemed to have been received 
by LSC until the requester agrees in writing to pay all fees charged 
for services.
    (i) No requester will be required to make an advance payment of any 
fee unless:
    (1) The requester has previously failed to pay a required fee 
within 30 days of the date of billing, in which case an advance deposit 
of the full amount of the anticipated fee together with the fee then 
due plus interest accrued may be required (and the request will not be 
deemed to have been received by LSC until such payment is made); or
    (2) LSC determines that an estimated fee will exceed $250, in which 
case the requester shall be notified of the amount of the anticipated 
fee or such portion thereof as can readily be estimated. Such 
notification shall be transmitted as soon as possible, but in any event 
within five working days of receipt by LSC, giving the best estimate 
then available. The notification shall offer the requester the 
opportunity to confer with appropriate representatives of LSC for the 
purpose of reformulating the request so as to meet the needs of the 
requester at a reduced cost. The request will not be deemed to have 
been received by LSC for purposes of the initial 20-day response period 
until the requester makes a deposit on the fee in an amount determined 
by LSC.
    (j) Interest may be charged to those requesters who fail to pay the 
fees charged. Interest will be assessed on the amount billed, starting 
on the 31st day following the day on which the billing was sent. The 
rate charged will be as prescribed in 31 U.S.C. 3717.
    (k) If LSC reasonably believes that a requester or group of 
requesters is attempting to break a request into a series of requests 
for the purpose of evading the assessment of fees, LSC shall aggregate 
such requests and charge accordingly. Likewise, LSC will aggregate 
multiple requests for documents received from the same requester within 
45 days.


Sec.  1602.15   Submitter's rights process.

    (a) When LSC receives a FOIA request seeking the release of 
confidential commercial information, LSC shall provide prompt written 
notice of the request to the submitter in order to afford the submitter 
an opportunity to object to the disclosure of the requested 
confidential commercial information. The notice shall reasonably 
describe the confidential commercial information requested and inform 
the submitter of the process required by paragraph (b) of this section.
    (b) If a submitter who has received notice of a request for the 
submitter's confidential commercial information wishes to object to the 
disclosure of the confidential commercial information, the submitter 
must provide LSC with a detailed written statement identifying the 
information which it objects to LSC disclosing. The submitter must send 
its objections to the Office of Legal Affairs or, if it pertains to 
Office of Inspector General records, to the Office of Inspector 
General, and must specify the grounds for withholding the information 
under FOIA or this part. In particular, the submitter must demonstrate 
why the information is commercial or financial information that is 
privileged or confidential. The submitter's statement must be received 
by LSC within seven business days of the date of the notice from LSC. 
If the submitter fails to respond to the notice from LSC within that 
time, LSC will deem the submitter to have no objection to the 
disclosure of the information.
    (c) Upon receipt of written objection to disclosure by a submitter, 
LSC shall consider the submitter's objections and specific grounds for 
withholding in deciding whether to release the disputed information. 
Whenever LSC decides to disclose information over the objection of the 
submitter, LSC shall give the submitter written notice which shall 
include:
    (1) A description of the information to be released and a notice 
that LSC intends to release the information;
    (2) A statement of the reason(s) why the submitter's request for 
withholding is being rejected; and
    (3) Notice that the submitter shall have five business days from 
the date of the notice of proposed release to appeal that decision to 
the LSC President or Inspector General (as provided in Sec.  1602.13 
(c)), whose decision shall be final.
    (d) The requirements of this section shall not apply if:
    (1) LSC determines upon initial review of the requested 
confidential commercial information that the requested information 
should not be disclosed;
    (2) The information has been previously published or officially 
made available to the public; or
    (3) Disclosure of the information is required by statute (other 
than FOIA) or LSC's regulations.
    (e) Whenever a requester files a lawsuit seeking to compel 
disclosure of a submitter's information, LSC shall promptly notify the 
submitter.
    (f) Whenever LSC provides a submitter with notice and opportunity 
to oppose disclosure under this section, LSC shall notify the requester 
that the submitter's rights process under this section has been 
triggered. Likewise, whenever a submitter files a lawsuit seeking to 
prevent the disclosure of the submitter's information, LSC shall notify 
the requester.

    Dated: October 20, 2016.
Stefanie K. Davis,
Assistant General Counsel.
[FR Doc. 2016-25832 Filed 10-28-16; 8:45 am]
 BILLING CODE P



                                           75330                    Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Rules and Regulations

                                                  FY 2017 IPPS ESTIMATED PAYMENTS DUE TO RURAL AND IMPUTED FLOOR WITH NATIONAL BUDGET NEUTRALITY
                                                                                                                                                                                                                Percent
                                                                                                                                                                                                            change in pay-
                                                                                                                                                                                          Number of          ments due to
                                                                                                                                                                                       hospitals that
                                                                                                                                                                      Number of                              application of      Difference
                                                                                                  State                                                                                will receive the
                                                                                                                                                                       hospitals                            rural floor and    (in $ millions)
                                                                                                                                                                                         rural floor or      imputed floor
                                                                                                                                                                                        imputed floor         with budget
                                                                                                                                                                                                               neutrality

                                                                                                                                                                           (1)               (2)                  (3)               (4)

                                           Alabama ...........................................................................................................                    83                 6                  ¥0.3               ¥6
                                           Alaska ..............................................................................................................                   6                 4                   2.1                4
                                           Arizona .............................................................................................................                  57                46                   3.5               63
                                           Arkansas ..........................................................................................................                    44                 0                  ¥0.4               ¥4
                                           California ..........................................................................................................                 301               186                   1.3              131
                                           Colorado ..........................................................................................................                    48                 3                   0.2                3
                                           Connecticut ......................................................................................................                     31                 8                   0.2                4
                                           Delaware ..........................................................................................................                     6                 2                     0                0
                                           Washington, DC ...............................................................................................                          7                 0                  ¥0.4               ¥2
                                           Florida ..............................................................................................................                171                16                  ¥0.3              ¥18
                                           Georgia ............................................................................................................                  105                 0                  ¥0.4              ¥10
                                           Hawaii ..............................................................................................................                  12                 0                  ¥0.3               ¥1
                                           Idaho ................................................................................................................                 14                 0                  ¥0.3               ¥1
                                           Illinois ...............................................................................................................              126                 3                  ¥0.4              ¥19
                                           Indiana .............................................................................................................                  89                 0                  ¥0.4              ¥11
                                           Iowa .................................................................................................................                 35                 0                  ¥0.4               ¥4
                                           Kansas .............................................................................................................                   53                 0                  ¥0.3               ¥3
                                           Kentucky ..........................................................................................................                    65                 0                  ¥0.4               ¥6
                                           Louisiana ..........................................................................................................                   95                 2                  ¥0.4               ¥5
                                           Maine ...............................................................................................................                  18                 0                  ¥0.4               ¥2
                                           Massachusetts .................................................................................................                        58                15                   0.6               22
                                           Michigan ...........................................................................................................                   95                 0                  ¥0.4              ¥18
                                           Minnesota ........................................................................................................                     49                 0                  ¥0.3               ¥6
                                           Mississippi ........................................................................................................                   62                 0                  ¥0.4               ¥4
                                           Missouri ............................................................................................................                  74                 2                  ¥0.3               ¥8
                                           Montana ...........................................................................................................                    12                 4                   0.3                1
                                           Nebraska ..........................................................................................................                    26                 0                  ¥0.3               ¥2
                                           Nevada .............................................................................................................                   24                 3                  ¥0.2               ¥2
                                           New Hampshire ...............................................................................................                          13                 9                   2.2               11
                                           New Jersey ......................................................................................................                      64                18                   0.2                6
                                           New Mexico .....................................................................................................                       25                 0                  ¥0.3               ¥1
                                           New York .........................................................................................................                    154                21                  ¥0.3              ¥20
                                           North Carolina ..................................................................................................                      84                 1                  ¥0.4              ¥12
                                           North Dakota ....................................................................................................                       6                 1                  ¥0.3               ¥1
                                           Ohio .................................................................................................................                130                10                  ¥0.4              ¥13
                                           Oklahoma .........................................................................................................                     86                 2                  ¥0.3               ¥4
                                           Oregon .............................................................................................................                   34                 2                  ¥0.4               ¥4
                                           Pennsylvania ....................................................................................................                     151                 5                  ¥0.4              ¥20
                                           Puerto Rico ......................................................................................................                     51                12                   0.1                0
                                           Rhode Island ....................................................................................................                      11                10                   4.7               18
                                           South Carolina .................................................................................................                       57                 5                  ¥0.1               ¥2
                                           South Dakota ...................................................................................................                       18                 0                  ¥0.2               ¥1
                                           Tennessee .......................................................................................................                      92                20                  ¥0.3               ¥7
                                           Texas ...............................................................................................................                 320                 3                  ¥0.4              ¥26
                                           Utah .................................................................................................................                 33                 1                  ¥0.3               ¥2
                                           Vermont ...........................................................................................................                     6                 0                  ¥0.2               ¥1
                                           Virginia .............................................................................................................                 76                 1                  ¥0.3               ¥8
                                           Washington ......................................................................................................                      49                 6                  ¥0.1               ¥1
                                           West Virginia ....................................................................................................                     29                 3                  ¥0.2               ¥1
                                           Wisconsin .........................................................................................................                    65                 6                  ¥0.3               ¥5
                                           Wyoming ..........................................................................................................                     10                 0                  ¥0.1                0


                                             Dated: October 26, 2016.                                                   LEGAL SERVICES CORPORATION                                             Final rule, request for
                                                                                                                                                                                         ACTION:
                                           Madhura Valverde,                                                                                                                             comments.
                                           Executive Secretary to the Department,                                       45 CFR Part 1602
Lhorne on DSK30JT082PROD with RULES




                                           Department of Health and Human Services.                                                                                                      SUMMARY:  The Legal Services
                                           [FR Doc. 2016–26182 Filed 10–28–16; 8:45 am]
                                                                                                                        Procedures for Disclosure of                                     Corporation (LSC) is publishing for
                                                                                                                        Information Under the Freedom of                                 public comment a proposed final rule to
                                           BILLING CODE 4120–01–P
                                                                                                                        Information Act                                                  implement the statutorily required
                                                                                                                                                                                         amendments in the FOIA Improvement
                                                                                                                        AGENCY:         Legal Services Corporation.                      Act of 2016. LSC is also making


                                      VerDate Sep<11>2014          14:07 Oct 28, 2016         Jkt 241001       PO 00000        Frm 00016        Fmt 4700       Sfmt 4700   E:\FR\FM\31OCR1.SGM     31OCR1


                                                            Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Rules and Regulations                                          75331

                                           technical changes to Part 1602 to                       that the Operations and Regulations                      Submitter. On February 14, 2003, LSC
                                           improve the structure and clarity of its                Committee (Committee) recommend                       published in the Federal Register a final
                                           Freedom of Information Act (FOIA)                       that the Board authorize expedited                    rule adding provisions for a submitter’s
                                           regulations.                                            rulemaking and publication of this final              rights process to its FOIA regulations.
                                           DATES: The final rule is effective on                   rule. On October 16, 2016, the                        68 FR 7433, Feb. 14, 2003. These
                                           December 15, 2016, unless LSC receives                  Committee considered the request and                  provisions were modeled after the
                                           substantive adverse comments during                     voted to make the recommendation to                   process outlined in Executive Order No.
                                           the comment period. Written comments                    the Board. On October 18, 2016, the                   12,600 (June 23, 1987). The 2003 final
                                           will be accepted until November 30,                     Board voted to authorize expedited                    rule limited submitter solely to any
                                           2016.                                                   rulemaking and the publication of this                person or entity from whom LSC
                                                                                                   final rule.                                           receives grant application records. LSC
                                           ADDRESSES: You may submit comments                                                                            is now expanding the definition of
                                           by any of the following methods:                        II. Section-by-Section Analysis
                                                                                                                                                         submitter to include ‘‘any person or
                                             Email: guytonh@lsc.gov. Include ‘‘Part                § 1602.1     Purpose                                  applicant for funds who provides
                                           1602 Proposed Final Rule’’ in the                                                                             confidential commercial information to
                                           subject line of the message.                              There are no proposed changes to this
                                                                                                   section.                                              LSC.’’ This definition more closely
                                             Fax: (202) 337–6519, ATTN: Helen
                                                                                                                                                         conforms with the spirit of E.O. 12,600
                                           Guyton, Part 1602 Proposed Final Rule.                  § 1602.2     Definitions
                                             Mail/Hand Delivery/Courier: Helen                                                                           and ensures that submitters who may
                                           Guyton, Assistant General Counsel,                         LSC modified several existing                      have an interest in the protection of
                                           Legal Services Corporation, 3333 K                      definitions, deleted one definition, and              their confidential commercial
                                           Street NW., Washington, DC 20007,                       added five new definitions to make its                information are properly notified.
                                           ATTN: Part 1602 Proposed Final Rule.                    regulations clearer. Specifically, LSC                   Confidential Commercial Information.
                                             Instructions: Electronic submissions                  amended the Definitions section as                    LSC is adding a definition of
                                           are preferred via email with attachments                follows:                                              ‘‘Confidential Commercial Information’’
                                           in Acrobat PDF format. LSC may not                         Duplication. LSC is modifying this                 modeled on the definition in E.O.
                                           consider written comments sent via any                  definition to require the release of                  12,600, to comport with the new
                                           other method or received after the end                  records ‘‘in a form appropriate for                   definition of ‘‘Submitter’’ described
                                           of the comment period.                                  release.’’ This change complies with                  above.
                                           FOR FURTHER INFORMATION CONTACT:                        FOIA guidance that records be released                § 1602.3    Policy
                                           Helen Gerostathos Guyton, Assistant                     in the format requested, where possible.
                                           General Counsel, Legal Services                            LSC. LSC is replacing all references to              LSC is making minor technical edits
                                           Corporation, 3333 K Street NW.,                         ‘‘the Corporation’’ with ‘‘LSC’’ for                  to clarify this section.
                                           Washington, DC 20007, (202) 295–1632                    simplicity. LSC is introducing this                   § 1602.4 Records Published in the
                                           (phone), (202) 337–6519 (fax), guytonh@                 definition to make clear that, unless                 Federal Register
                                           lsc.gov.                                                otherwise specified, references to LSC
                                                                                                   in this rule include both the Corporation               LSC is making minor technical edits
                                           SUPPLEMENTARY INFORMATION:
                                                                                                   and LSC’s Office of Inspector General.                to clarify this section.
                                           I. Background                                              Office. LSC is adding this definition              § 1602.5    Public Reading Room
                                              LSC is subject to the FOIA by the                    in order to simplify references to the
                                           terms of the Legal Services Corporation                 Office of Inspector General and/or the                  This section sets out the process by
                                           Act. 42 U.S.C. 2996d(g). LSC has                        Office of Legal Affairs, where                        which LSC makes available for public
                                           implemented FOIA by adopting                            appropriate.                                          inspection the records described in the
                                           regulations that contain the rules and                     Office of Inspector General records.               FOIA, 5 U.S.C. 552(a)(2). In the current
                                           procedures LSC will follow in making                    LSC is deleting this definition because               version of its FOIA regulations, LSC sets
                                           its records available to the public. LSC                the general definition of ‘‘Records’’                 out the specific categories of records
                                           last amended its FOIA regulations in                    includes the Office of Inspector General              that must be publicly disclosed. LSC is
                                           2008. 73 FR 67791, Dec. 31, 2008.                       records, making this definition                       deleting those specific provisions and
                                              On June 30, 2016, President Obama                    redundant.                                            replacing them with a broader reference
                                           signed into law the FOIA Improvement                       Person. LSC’s current regulations do               to § 552(a)(2) generally in anticipation of
                                           Act of 2016 (‘‘2016 Amendments’’ or the                 not define person. To address this gap,               implementing the ‘‘Release to One,
                                           ‘‘Act’’). The Act codifies a number of                  LSC is adding a definition modeled after              Release to All’’ policy.
                                           transparency and openness principles                    the definition of person contained in the               The Department of Justice Office of
                                           and enacts housekeeping measures                        FOIA, 5 U.S.C. 551(2).                                Information Policy launched a pilot
                                           designed to facilitate FOIA requests and                   Records. LSC is modifying he                       program as part of its Open Government
                                           production. LSC must review its current                 definition of this term to comport with               Initiative called ‘‘Release to One,
                                           regulations and issue revised                           the definition of records in LSC’s                    Release to All.’’ Under this policy,
                                           regulations on procedures for the                       Records Management Policy, which was                  agencies would release FOIA processed
                                           disclosure of records consistent with the               updated in September 2015. It also                    records not only to a requester, but to
                                           Act no later than December 27, 2016.                    incorporates Office of Inspector General              the public at large by posting them
                                           The revised regulations described in                    records, which were previously defined                online. LSC intends to comply with this
                                           this final rule reflect the required                    separately.                                           policy immediately. As a result, it is
                                           changes prescribed by the Act. LSC also                    Rule. LSC’s FOIA regulations cite to               revising the description of records in
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                                           identified and proposed technical                       personnel rules, rules of procedure, and              this section to track what LSC actually
                                           changes to clarify the language and                     substantive rules, but do not define the              will be disclosing upon implementation
                                           update the structure of its FOIA                        term rule. To address this gap, LSC has               of the ‘‘Release to One, Release to All’’
                                           regulations.                                            added a definition of rule modeled on                 policy.
                                              In light of the deadline established by              the definition contained in the FOIA, 5                 LSC is also making minor technical
                                           Congress, LSC management requested                      U.S.C. 551(4).                                        revisions to clarify this section.


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                                           75332            Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Rules and Regulations

                                           § 1602.6 Procedures for Using the                       whether partial disclosure of                         § 1602.15     Submitter’s Rights Process
                                           Public Reading Room                                     information is possible when full
                                                                                                   disclosure is not and to take reasonable                 As previously described in the
                                             LSC is adding a provision to this                                                                           discussion of § 1602.2’s definition of the
                                           section that will provide requesters with               steps to segregate and release
                                                                                                   nonexempt information.                                term submitter, LSC is expanding the
                                           onsite computer and printer access to                                                                         submitter’s rights process to include
                                           electronic reading room records. This                      In addition, LSC is modifying its rule
                                                                                                   regarding the applicability of the                    ‘‘any person or applicant for funds who
                                           provision is consistent with federal                                                                          provides confidential commercial
                                           agency practice and provides greater                    deliberative process privilege, as
                                                                                                   required by the 2016 Amendments. The                  information to LSC.’’ This definition
                                           access to LSC’s records to the public at                                                                      more closely conforms with the spirit of
                                           large.                                                  privilege now applies only to records
                                                                                                   created within 25 years of the date on                E.O. 12,600 and ensures that submitters
                                           § 1602.7 Index of Records                               which the records were requested.                     who may have an interest in the
                                              LSC is updating this section to reflect                 Finally, LSC is adding exemptions 1,               protection of their confidential
                                           its current practice of maintaining its                 8, and 9 from 5 U.S.C. 552(8)(B)(b) to its            information are properly notified.
                                           index of records electronically.                        regulations. While these exemptions,                     LSC is further modifying this section
                                                                                                   which deal with national security,                    to include a right to appeal to the
                                           § 1602.8 Requests for Records                           financial institutions, and geological                Inspector General for Office of Inspector
                                             The current version of § 1602.8                       information, generally do not apply to                General-related requests, as the current
                                           includes provisions relating to the                     the work of LSC, their absence caused                 regulations do not provide a mechanism
                                           format of requests for records, the                     confusion because LSC’s exemption                     to do so.
                                           timing of responses, and the format of                  numbers did not track the commonly                       Finally, LSC is clarifying an
                                           responses to requests. There are no                     used exemption numbers found in both                  ambiguous provision that requires a
                                           subheadings to distinguish these                        the FOIA and case law. This change will               submitter to provide to LSC within
                                           provisions within the section, making it                eliminate any confusion.                              seven days his or her statement
                                           difficult to follow. To improve                                                                               objecting to disclosure of his
                                           readability, LSC is restructuring                       § 1602.11 Officials Authorized To
                                                                                                   Grant or Deny Requests for Records                    information. LSC must receive the
                                           § 1602.8 by limiting the section solely to                                                                    submitter’s statement within seven days
                                           provisions related to the format of FOIA                  LSC is deleting paragraph (a) of this               of the date of LSC’s notice to the
                                           requests. LSC is also adding a provision                section, which describes the role of the              submitter.
                                           that informs requesters of their right to               General Counsel in adequately and
                                           specify the preferred form or format for                consistently applying the provisions of               List of Subjects in 45 CFR Part 1602
                                           the records sought and that requires                    this part within LSC. The 2016                            Freedom of Information.
                                           requesters to provide their contact                     Amendments establish the role of the
                                           information to assist LSC in                            Chief FOIA Officer in ensuring                        ■ For the reasons stated in the preamble,
                                           communicating with them about their                     compliance with FOIA, thereby                         revise 45 CFR part 1602 to read as
                                           request.                                                superseding LSC’s current regulations.                follows:
                                           § 1602.9 Timing and Responses to                        § 1602.12 Denials                                     PART 1602—PROCEDURES FOR
                                           Requests for Records                                      LSC is adding a provision to this                   DISCLOSURE OF INFORMATION
                                              This is a new section. As described in               section requiring it to include a                     UNDER THE FREEDOM OF
                                           the discussion of § 1602.8, LSC                         provision in its denial decisions                     INFORMATION ACT
                                           determined that it would be clearer if                  notifying the requester of his or her right           Sec.
                                           the provisions for timing and responses                 to seek dispute resolution services from              1602.1 Purpose.
                                           to requests were contained in a separate                LSC’s FOIA Public Liaison or the Office               1602.2 Definitions.
                                           section. LSC also is making technical                   of Government Information Services.                   1602.3 Policy.
                                           changes to the language and structure to                                                                      1602.4 Records published in the Federal
                                           improve clarity. In addition, LSC is                    § 1602.13 Appeals of Denials                               Register.
                                           adding provisions describing the                          LSC is making minor technical edits                 1602.5 Public reading room.
                                           dispute resolution processes available to               to clarify this section. LSC is also                  1602.6 Procedures for use of public reading
                                           the public as required by the 2016                      adding a provision required by the 2016                    room.
                                                                                                   Amendments. This provision requires                   1602.7 Index of records.
                                           Amendments. These provisions describe
                                                                                                                                                         1602.8 Requests for records.
                                           when a requester may seek assistance,                   LSC to notify a requester of the                      1602.9 Timing and responses to requests
                                           including dispute resolution services,                  mediation services offered by the Office                   for records.
                                           from an LSC FOIA Public Liaison or the                  of Government Information Systems as                  1602.10 Exemptions for withholding
                                           U.S. National Archives and Record                       a non-exclusive alternative to litigation.                 records.
                                           Administration’s Office of Government                                                                         1602.11 Officials authorized to grant or
                                                                                                   § 1602.14 Fees                                             deny requests for records.
                                           Information Services.
                                                                                                     LSC is adding a provision to this                   1602.12 Denials.
                                           § 1602.10 Exemptions for Withholding                    section that prohibits LSC from                       1602.13 Appeals of denials.
                                           Records                                                 assessing fees if its response time is                1602.14 Fees.
                                             LSC is amending this section to                       delayed, subject to limited exceptions                1602.15 Submitter’s rights process.
                                           incorporate the 2016 Amendments’                        described in the 2016 Amendments.                         Authority: 42 U.S.C. 2996g(e)
                                           codification of the Department of                       LSC is also deleting references to the
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                                           Justice’s foreseeable harm standard,                    specific dollar amounts it will charge for            § 1602.1    Purpose.
                                           which requires LSC to withhold                          search and reproduction costs because                   This part contains the rules and
                                           information only if disclosure would                    they are outdated and providing instead               procedures the Legal Services
                                           harm an interest protected by an                        the web address for its FOIA page,                    Corporation (LSC) follows in making
                                           exemption or prohibited by law. It                      which will contain current fee and cost               records available to the public under the
                                           further obligates LSC to consider                       schedules.                                            Freedom of Information Act.


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                                                            Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Rules and Regulations                                         75333

                                           § 1602.2   Definitions.                                 original) as evidence of LSC’s or OIG’s               means and will be conducted in the
                                              (a) Commercial use request means a                   organization, functions, policies,                    most efficient and least expensive
                                           request from or on behalf of one who                    decisions, procedures, operations, or                 manner.
                                           seeks information for a use or purpose                  other activities of LSC or the OIG or                   (o) Submitter means any person or
                                           that furthers the commercial, trade, or                 because the Record has informational                  applicant for funds who provides
                                           profit interests of the requester or the                value.                                                confidential commercial information to
                                           person on whose behalf the request is                      (k) Representative of the news media               LSC.
                                           made. In determining whether a                          means any person or entity that gathers
                                           requester properly belongs in this                      information of potential interest to a                § 1602.3   Policy.
                                           category, LSC will look to the use to                   segment of the public, uses its editorial               LSC will make records concerning its
                                           which a requester will put the                          skills to turn the raw materials into a               operations, activities, and business
                                           documents requested. When LSC has                       distinct work, and distributes that work              available to the public to the maximum
                                           reasonable cause to doubt the                           to an audience. In this clause, the term              extent reasonably possible. LSC will
                                           requester’s stated use of the records                   ‘‘news’’ means information that is about              withhold records from the public only
                                           sought, or where the use is not clear                   current events or that would be of                    in accordance with the FOIA and this
                                           from the request itself, it will seek                   current interest to the public. Examples              part. LSC will disclose records
                                           additional clarification before assigning               of news media entities are television or              otherwise exempt from disclosure under
                                           the request to a category.                              radio stations broadcasting to the public             the FOIA when disclosure is not
                                              (b) Confidential commercial                          at large and publishers of periodicals                prohibited by law and disclosure would
                                           information means records provided to                   (but only if such entities qualify as                 not foreseeably harm a legitimate
                                           LSC by a submitter that arguably                        disseminators of ‘‘news’’) who make                   interest of the public, LSC, a recipient,
                                           contain material exempt from release                    their products available for purchase or              or any individual.
                                           under Exemption 4 of the FOIA, 5                        subscription or by free distribution to
                                                                                                   the general public. These examples are                § 1602.4 Records published in the Federal
                                           U.S.C. 552(b)(4), because disclosure                                                                          Register.
                                           could reasonably be expected to cause                   not all-inclusive. Moreover, as methods
                                           substantial competitive harm.                           of news delivery evolve (for example,                    LSC routinely publishes in the
                                              (c) Duplication means the process of                 the adoption of the electronic                        Federal Register information on its
                                           making a copy of a requested record                     dissemination of newspapers through                   basic structure and operations necessary
                                           pursuant to this part in a form                         telecommunications services), such                    to inform the public how to deal
                                           appropriate for release in response to a                alternative media shall be considered to              effectively with LSC. LSC will make
                                           FOIA request.                                           be news media entities. A freelance                   reasonable efforts to currently update
                                              (d) Educational institution means a                  journalist shall be regarded as working               such information, which will include
                                           preschool, a public or private                          for a news media entity if the journalist             basic information on LSC’s location,
                                           elementary or secondary school, an                      can demonstrate a solid basis for                     functions, rules of procedure,
                                           institution of undergraduate or graduate                expecting publication through that                    substantive rules, statements of general
                                           higher education, or an institution of                  entity, whether or not the journalist is              policy, and information regarding how
                                           professional or vocational education                    actually employed by the entity. A                    the public may obtain information,
                                           which operates a program or programs                    publication contract would present a                  make submittals or requests, or obtain
                                           of scholarly research.                                  solid basis for such an expectation. LSC              decisions.
                                              (e) FOIA means the Freedom of                        may also consider the past publication
                                                                                                                                                         § 1602.5   Public reading room.
                                           Information Act, 5 U.S.C. 552.                          record of the requester in making such
                                              (f) LSC means the Legal Services                     a determination.                                        (a) LSC will maintain a public reading
                                           Corporation. Unless explicitly stated                      (l) Review means the process of                    room at its offices at 3333 K St. NW.,
                                           otherwise, LSC includes the Office of                   examining documents located in                        Washington, DC 20007. This room will
                                           Inspector General.                                      response to a request to determine                    be supervised and will be open to the
                                              (g) Non-commercial scientific                        whether any portion of any such                       public during LSC’s regular business
                                           institution means an institution that is                document is exempt from disclosure. It                hours. Procedures for use of the public
                                           not operated on a commercial basis and                  also includes processing any such                     reading room are described in § 1602.6.
                                           which is operated solely for the purpose                documents for disclosure. Review does                 LSC also maintains an electronic public
                                           of conducting scientific research, the                  not include time spent resolving general              reading room that may be accessed at
                                           results of which are not intended to                    legal or policy issues regarding the                  http://www.lsc.gov/about-lsc/foia/foia-
                                           promote any particular product or                       application of exemptions.                            electronic-public-reading-room.
                                           industry.                                                  (m) Rule means the whole or a part of                (b) Subject to the limitation stated in
                                              (h) Office refers to the Office of Legal             an LSC statement of general or                        paragraph (c), LSC will make available
                                           Affairs and/or the Office of Inspector                  particular applicability and future effect            for public inspection in its electronic
                                           General (OIG).                                          designed to implement, interpret, or                  public reading room the records
                                              (i) Person includes an individual,                   prescribe law or policy or describing the             described in 5 U.S.C. 552(a)(2).
                                           partnership, corporation, association, or               organization, procedure, or practice                    (c) Certain records otherwise required
                                           public or private organization other than               requirements of LSC.                                  by FOIA to be available in the public
                                           LSC.                                                       (n) Search means the process of                    reading room may be exempt from
                                              (j) Records are any type of information              looking for and retrieving records that               mandatory disclosure pursuant to 5
                                           made or received by LSC or the OIG for                  are responsive to a request for records.              U.S.C. 552(b) and § 1602.10. LSC will
                                           purposes of transacting LSC or OIG                      It includes page-by-page or line-by-line              not make such records available in the
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                                           business and preserved by LSC or the                    identification of material within                     public reading room. LSC may edit
                                           OIG (either directly or maintained by a                 documents and also includes reasonable                other records maintained in the reading
                                           third party under contract to LSC or the                efforts to locate and retrieve information            room by redacting details about
                                           OIG for records management purposes)                    from records maintained in electronic                 individuals to prevent clearly
                                           regardless of form (e.g., paper or                      form or format. Searches may be                       unwarranted invasions of personal
                                           electronic, formal or informal, copies or               conducted manually or by automated                    privacy. In such cases, LSC will attach


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                                           75334            Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Rules and Regulations

                                           a full explanation of the redactions to                 also be made online using the FOIA                       (5) Personnel of LSC who may have
                                           the record. LSC will indicate the extent                Request Electronic Submission Form                    prepared or have knowledge of the
                                           of the redactions unless doing so would                 located at http://www.lsc.gov/about-lsc/              record;
                                           harm an interest protected by the                       foia.                                                    (6) Citations to newspapers or
                                           exemption under which the redactions                       (2) Requests for Office of Inspector               publications which have referred to the
                                           are made. If technically feasible, LSC                  General records. All requests for records             record.
                                           will indicate the extent of the redactions              maintained by the OIG must be clearly                    (e) Requests may specify the preferred
                                           at the place in the record where the                    marked Freedom of Information Act                     form or format (including electronic
                                           redactions were made.                                   Request and shall be addressed to the                 formats) for the records sought. LSC will
                                                                                                   FOIA Officer, Office of Inspector                     provide records in the form or format
                                           § 1602.6 Procedures for use of public                   General, Legal Services Corporation,                  indicated by the requester to the extent
                                           reading room.                                           3333 K Street NW., Washington, DC                     such records are readily reproducible in
                                              (a) A person who wishes to inspect or                20007. Email requests shall be sent to                the requested form or format. LSC
                                           copy records in the public reading room                 FOIA@oig.lsc.gov.                                     reserves the right to limit the number of
                                           should arrange a time in advance, by                       (3) Any request not marked and                     copies of any document that will be
                                           telephone or letter request made to the                 addressed as specified in this section                provided to any one requester or to
                                           Office of Legal Affairs, Legal Services                 will be so marked by LSC personnel as                 require that special arrangements for
                                           Corporation, 3333 K Street NW.,                         soon as it is properly identified, and                duplication be made in the case of
                                           Washington, DC 20007 or by email to                     will be forwarded immediately to the                  bound volumes or other records
                                           FOIA@lsc.gov.                                           appropriate Office. A request                         representing unusual problems of
                                              (1) In appropriate circumstances, LSC                improperly addressed will be deemed to                handling or reproduction.
                                           will advise persons making telephonic                   have been received as in accordance                      (f) Requesters must provide contact
                                           requests to use the public reading room                 with § 1602.9 only when it has been                   information, such as their phone
                                           that a written request would aid in the                 received by the appropriate Office.                   number, email address, and/or mailing
                                           identification and expeditious                          Upon receipt of an improperly                         address, to assist LSC in communicating
                                           processing of the records sought.                       addressed request, the Chief FOIA                     with them and providing released
                                              (2) Written requests should identify                 Officer, Office of Inspector General                  records.
                                           the records sought in the manner                        Legal Counsel or their designees shall                   (g) LSC is not required to create a
                                           provided in § 1602.8(b) and should                      notify the requester of the date on which             record or to perform research to satisfy
                                           request a specific date for inspecting the              the time period began.                                a request.
                                           records.                                                   (c) A request must reasonably                         (h) Any request for a waiver or
                                              (b) LSC will advise the requester as                 describe the records requested so that                reduction of fees should be included in
                                           promptly as possible if, for any reason,                employees of LSC who are familiar with                the FOIA request, and any such request
                                           it is not feasible to make the records                  the subject area of the request are able,             should indicate the grounds for a waiver
                                           sought available on the date requested.                 with a reasonable amount of effort, to                or reduction of fees, as set out in
                                              (c) A computer terminal and printer                  determine which particular records are                § 1602.14(g). LSC shall respond to such
                                           are available upon request in the public                within the scope of the request. Before               request as promptly as possible.
                                           reading room for accessing Electronic                   submitting their requests, requesters
                                           Reading Room records.                                   may contact LSC’s or OIG’s FOIA                       § 1602.9 Timing and responses to
                                                                                                                                                         requests for records.
                                                                                                   Analyst or FOIA Public Liaison to
                                           § 1602.7   Index of records.                            discuss the records they seek and to                     (a)(1)(i) Upon receiving a request for
                                             LSC will maintain and make available                  receive assistance in describing the                  LSC or Inspector General records under
                                           for public inspection in an electronic                  records. If LSC determines that a request             § 1602.8, the Chief FOIA Officer, Office
                                           format a current index identifying any                  does not reasonably describe the records              of Inspector General Legal Counsel or
                                           matter within the scope of §§ 1602.4 and                sought, LSC will inform the requester                 their designees shall make an initial
                                           1602.5(b).                                              what additional information is needed                 determination of whether to comply
                                                                                                   or why the request is otherwise                       with or deny such request. The Chief
                                           § 1602.8   Requests for records.                                                                              FOIA Officer, Office of Inspector
                                                                                                   insufficient. Requesters who are
                                              (a) LSC will make its records                        attempting to reformulate or modify                   General Legal Counsel or their designees
                                           promptly available, upon request, to any                their request may discuss their request               will send the determination to the
                                           person in accordance with this section,                 with LSC’s or OIG’s FOIA Analyst or                   requester within 20 business days after
                                           unless:                                                 FOIA Public Liaison. If a request does                receipt of the request and will notify the
                                              (1) The FOIA requires the records to                 not reasonably describe the records                   requester of their right to seek assistance
                                           be published in the Federal Register                    sought, LSC’s response to the request                 from an LSC FOIA Public Liaison.
                                           (§ 1602.4) or to be made available in the               may be delayed.                                          (ii) If the processing Office determines
                                           public reading room (§ 1602.5); or                         (d) To facilitate the location of records          that a request or portion thereof is for
                                              (2) LSC determines that such records                 by LSC, a requester should try to                     the other Office’s records, the
                                           should be withheld and are exempt                       provide the following kinds of                        processing Office shall promptly refer
                                           from mandatory disclosure under the                     information, if known:                                the request or portion thereof to the
                                           FOIA and § 1602.10.                                        (1) The specific event or action to                appropriate Office and send notice of
                                              (b)(1) Requests for LSC records. All                 which the record refers;                              such referral to the requester.
                                           requests for LSC records must be clearly                   (2) The unit or program of LSC which                  (2) The 20-day period under
                                           marked Freedom of Information Act                       may be responsible for or may have                    paragraph (a)(1)(i) of this section shall
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                                           Request and shall be addressed to the                   produced the record;                                  commence on the date on which the
                                           FOIA Analyst, Office of Legal Affairs,                     (3) The date of the record or the date             request is first received by the
                                           Legal Services Corporation, 3333 K                      or period to which it refers or relates;              appropriate Office, but in no event later
                                           Street NW., Washington, DC 20007.                          (4) The type of record, such as an                 than 10 working days after the request
                                           Email requests shall be sent to FOIA@                   application, a grant, a contract, or a                has been received by either the Office of
                                           lsc.gov. Requests for LSC Records may                   report;                                               Legal Affairs or the Office of Inspector


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                                                            Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Rules and Regulations                                          75335

                                           General. The 20-day period shall not be                 the Inspector General Legal Counsel, or                 (4) Within 10 calendar days of
                                           tolled by the Office processing the                     their designees shall inform the                      receiving a request for expedited
                                           request except that the processing Office               requester of the reason for the delay, the            processing, the Chief FOIA Officer,
                                           may make one request to the requester                   date on which the processing Office                   Office of Inspector General Legal
                                           for information pursuant to paragraph                   expects to send its determination, and                Counsel or their designees shall decide
                                           (b) of this section and toll the 20-day                 the requester’s right to treat the delay as           whether to grant the request and shall
                                           period while                                            a denial and to appeal to LSC’s                       notify the requester of the decision. If a
                                              (i) It is awaiting such information that             President or Inspector General, in                    request for expedited treatment is
                                           it has reasonably requested from the                    accordance with § 1602.13, or to seek                 granted, the request shall be given
                                           requester under this section; or                        dispute resolution services from a FOIA               priority and shall be processed as soon
                                              (ii) It communicates with the                        Public Liaison or the Office of                       as practicable. If a request for expedited
                                           requester to clarify issues regarding fee               Government Information Services.                      processing is denied, the requester may
                                           assessment. In either case, the                            (2) If the processing Office has not               appeal in writing to LSC’s President or
                                           processing Office’s receipt of the                      sent its determination by the end of the              Inspector General in the format
                                           requester’s response to such a request                  20-day period or the last extension                   described in § 1602.13(a). Any appeal of
                                           for information or clarification ends the               thereof, the requester may deem the                   a denial for expedited treatment shall be
                                           tolling period.                                         request denied, and exercise a right of               acted on expeditiously by LSC.
                                              (b)(1) In unusual circumstances, as                  appeal in accordance with § 1602.13, or
                                           specified in paragraph (b)(3) of this                   seek dispute resolution services from                 § 1602.10   Exemptions for withholding
                                           section, LSC may extend the time limit                  LSC’s or OIG’s FOIA Public Liaison or                 records.
                                           for up to 10 working days by written                    the National Archives and Records                        (a) LSC shall—
                                           notice to the requester setting forth the               Administration’s Office of Government                    (1) Withhold information under this
                                           reasons for such extension and the date                 Information Services. The Chief FOIA                  section only if—
                                           on which LSC expects to send its                        Officer, Office of Inspector General                     (i) LSC reasonably foresees that
                                           determination.                                          Legal Counsel, or their designees may                 disclosure would harm an interest
                                              (2) If a request is particularly broad or            ask the requester to forego appeal until              protected by an exemption described in
                                           complex so that it cannot be completed                  a determination is made.                              paragraph (b); or
                                           within the time periods stated in                          (d) After the processing Office                       (ii) Disclosure is prohibited by law;
                                           paragraph (a)(1)(i) of this section, LSC                determines that a request will be                     and
                                           may ask the requester to narrow the                     granted, LSC or the OIG will act with                    (2)(i) Consider whether partial
                                           request or agree to an additional delay.                due diligence in providing a substantive              disclosure of information is possible
                                           In addition, to aid the requester, LSC                  response.                                             whenever LSC determines that a full
                                           shall make available a FOIA Public                         (e)(1) Expedited treatment. Requests               disclosure of a requested record is not
                                           Liaison, who shall assist in the                        and appeals will be taken out of order                possible; and
                                           resolution of any disputes between the                  and given expedited treatment                            (ii) Take reasonable steps necessary to
                                           requester and LSC, and shall notify the                 whenever the requester demonstrates a                 segregate and release nonexempt
                                           requester of his right to seek dispute                  compelling need. A compelling need                    information; and
                                           resolution services from the U.S.                       means:                                                   (b) LSC may withhold a requested
                                           National Archives and Records                              (i) Circumstances in which the lack of             record from public disclosure only if
                                           Administration’s Office of Government                   expedited treatment could reasonably be               one or more of the following exemptions
                                           Information Services.                                   expected to pose an imminent threat to                authorized by the FOIA apply:
                                              (3) Unusual circumstances. As used                   the life or physical safety of an                        (1)(i) Matter that is specifically
                                           in this part, unusual circumstances are                 individual;                                           authorized under criteria established by
                                           limited to the following, but only to the                  (ii) An urgency to inform the public               an Executive order to be kept secret in
                                           extent reasonably necessary for the                     about an actual or alleged LSC activity               the interest of national defense or
                                           proper processing of the particular                     and the request is made by a person                   foreign policy and
                                           request:                                                primarily engaged in disseminating                       (ii) Is in fact properly classified
                                              (i) The need to search for and collect               information;                                          pursuant to such Executive Order;
                                           the requested records from                                 (iii) The loss of substantial due                     (2) Matter that is related solely to the
                                           establishments that are separate from                   process rights; or                                    internal personnel rules and practices of
                                           the office processing the request;                         (iv) A matter of widespread and                    LSC;
                                              (ii) The need to search for, collect,                exceptional media interest raising                       (3) Matter that is specifically
                                           and appropriately examine a                             questions about LSC’s integrity which                 exempted from disclosure by statute
                                           voluminous amount of separate and                       may affect public confidence in LSC.                  (other than the exemptions under FOIA
                                           distinct records which are demanded in                     (2) A request for expedited processing             at 5 U.S.C. 552(b)), provided that such
                                           a single request; or                                    may be made at the time of the initial                statute requires that the matters be
                                              (iii) The need for consultation, which               request for records or at any later time.             withheld from the public in such a
                                           shall be conducted with all practicable                 For a prompt determination, a request                 manner as to leave no discretion on the
                                           speed, with another agency or                           for expedited processing must be                      issue, or establishes particular criteria
                                           organization, such as a recipient, having               properly addressed and marked and                     for withholding, or refers to particular
                                           a substantial interest in the                           received by LSC pursuant to § 1602.8.                 types of matters to be withheld;
                                           determination of the request or among                      (3) A requester who seeks expedited                   (4) Trade secrets and commercial or
                                           two or more components of LSC having                    processing must submit a statement                    financial information obtained from a
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                                           substantial subject matter interest                     demonstrating a compelling need and                   person and privileged or confidential;
                                           therein.                                                explaining in detail the basis for                       (5) Inter-agency or intra-agency
                                              (c)(1) When the processing Office                    requesting expedited processing. The                  memoranda or letters that would not be
                                           cannot send a determination to the                      requester must certify that the statement             available by law to a party other than an
                                           requester within the applicable time                    is true and correct to the best of the                agency in litigation with the
                                           limit, the Chief FOIA Officer, Office of                requester’s knowledge and belief.                     Corporation, provided that the


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                                           75336            Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Rules and Regulations

                                           deliberative process privilege shall not                be indicated at the place in the record               segregable portions of the record after
                                           apply to records created 25 years or                    where the redaction occurs.                           deleting the exempt portions;
                                           more before the date on which the                         (d) No requester shall have a right to                (4) An estimate of the volume of
                                           records were requested;                                 insist that any or all of the techniques              requested matter denied unless
                                             (6) Personnel and medical files and                   in paragraph (c) of this section should               providing such estimate would harm the
                                           similar files, the disclosure of which                  be employed in order to satisfy a                     interest protected by the exemption
                                           would constitute a clearly unwarranted                  request.                                              under which the denial is made;
                                           invasion of personal privacy;                             (e) Records that may be exempt from                   (5) The name and title of the person
                                             (7) Records or information compiled                   disclosure pursuant to paragraph (b) of               or persons responsible for denying the
                                           for law enforcement purposes, including                 this section may be made available at                 request;
                                           enforcing the Legal Services Corporation                the discretion of the LSC official                      (6) An explanation of the right to
                                           Act or any other law, but only to the                   authorized to grant or deny the request               appeal the denial and of the procedures
                                           extent that the production of such law                  for records, after appropriate                        for submitting an appeal, as described in
                                           enforcement records or information:                     consultation as provided in § 1602.11.                § 1602.13, including the address of the
                                             (i) Could reasonably be expected to                   Records may be made available                         official to whom appeals should be
                                           interfere with enforcement proceedings;                 pursuant to this paragraph when                       submitted; and
                                             (ii) Would deprive a person or a                      disclosure is not prohibited by law and                 (7) An explanation of the right of the
                                           recipient of a right to a fair trial or an              does not appear adverse to legitimate                 requester to seek dispute resolution
                                           impartial adjudication;                                 interests of LSC, the public, a recipient,            services from a FOIA Public Liaison or
                                             (iii) Could reasonably be expected to                 or any person.                                        the Office of Government Information
                                           constitute an unwarranted invasion of                                                                         Services.
                                                                                                   § 1602.11 Officials authorized to grant or              (b) Whenever LSC makes a record
                                           personal privacy;                                       deny requests for records.                            available subject to the deletion of a
                                             (iv) Could reasonably be expected to
                                                                                                     (a) The Chief FOIA Officer, Office of               portion of the record, such action shall
                                           disclose the identity of a confidential
                                                                                                   Inspector General Legal Counsel or their              be deemed a denial of a record for
                                           source, including a State, local, or
                                                                                                   designees are authorized to grant or                  purposes of paragraph (a) of this section.
                                           foreign agency or authority or any
                                                                                                   deny requests under this part. In the                   (c) All denials shall be treated as final
                                           private institution that furnished
                                                                                                   absence of an Office of Inspector                     opinions under § 1602.5(b)(1).
                                           information on a confidential basis, and
                                                                                                   General Legal Counsel, the Inspector
                                           in the case of a record or information                                                                        § 1602.13   Appeals of denials.
                                                                                                   General shall name a designee who will
                                           compiled by a criminal law enforcement                                                                           (a) Any person whose written request
                                                                                                   be authorized to grant or deny requests
                                           authority in the course of a criminal                                                                         has been denied is entitled to appeal the
                                                                                                   under this part and who will perform all
                                           investigation, information furnished by                                                                       denial within 90 days of the date of the
                                                                                                   other functions of the Office of Inspector
                                           a confidential source;                                                                                        response by writing to the President of
                                                                                                   General Legal Counsel under this part.
                                             (v) Would disclose techniques and                       (b)(1) The Chief FOIA Officer or                    LSC or, in the case of a denial of a
                                           procedures for law enforcement                          designee shall consult with the Office of             request for OIG records, the Inspector
                                           investigations or prosecutions, or would                Inspector General Legal Counsel or                    General, at the mailing or email
                                           disclose guidelines for law enforcement                 designee prior to granting or denying                 addresses given in § 1602.8(b)(1) and
                                           investigations or prosecutions if such                  any request for records or portions of                (2). The envelope and letter or email
                                           disclosure could reasonably be expected                 records which originated with the OIG,                appeal should be clearly marked:
                                           to risk circumvention of the law; or                    or which contain information which                    ‘‘Freedom of Information Appeal.’’ An
                                             (vi) Could reasonably be expected to                  originated with the OIG, but which are                appeal need not be in any particular
                                           endanger the life or physical safety of                 maintained by other components of                     form, but should adequately identify the
                                           any individual;                                         LSC.                                                  denial, if possible, by describing the
                                             (8) Matter that is contained in or                      (2) The Office of Inspector General                 requested record, identifying the official
                                           related to examination, operating, or                   Legal Counsel or designee shall consult               who issued the denial, and providing
                                           condition reports prepared by, on behalf                with the Chief FOIA Officer or designee               the date on which the denial was
                                           of, or for the use of an agency                         prior to granting or denying any request              issued.
                                           responsible for the regulation or                       for records or portions of records which                 (b) No personal appearance, oral
                                           supervision of financial institutions; or               originated with any component of LSC                  argument, or hearing will ordinarily be
                                             (9) Geological and geophysical                        other than the OIG, or which contain                  permitted on appeal of a denial. Upon
                                           information and data, including maps,                   information which originated with a                   request and a showing of special
                                           concerning wells.                                       component of LSC other than the OIG,                  circumstances, however, this limitation
                                             (c) In the event that one or more of the              but which are maintained by the OIG.                  may be waived and an informal
                                           exemptions in paragraph (b) of this                                                                           conference may be arranged with the
                                           section applies, any reasonably                         § 1602.12    Denials.                                 President, Inspector General or their
                                           segregable portion of a record shall be                   (a) A denial of a written request for a             designees for this purpose.
                                           provided to the requester after redaction               record that complies with the                            (c) The decision of the President or
                                           of the exempt portions. The amount of                   requirements of § 1602.8 shall be in                  the Inspector General on an appeal shall
                                           information redacted and the exemption                  writing and shall include the following:              be in writing and, in the event the
                                           under which the redaction is being                        (1) A reference to the applicable                   denial is in whole or in part upheld,
                                           made shall be indicated on the released                 exemption or exemptions in                            shall contain an explanation responsive
                                           portion of the record, unless doing so                  § 1602.10(b) upon which the denial is                 to the arguments advanced by the
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                                           would harm the interest protected by                    based;                                                requester, the matters described in
                                           the exemption under which the                             (2) An explanation of how the                       § 1602.12(a)(1) through (4), and the
                                           redaction is made. If technically                       exemption applies to the requested                    provisions for judicial review of such
                                           feasible, the amount of information                     records;                                              decision under 5 U.S.C. 552(a)(4). The
                                           redacted and the exemption under                          (3) A statement explaining why it is                decision must also notify the requester
                                           which the redaction is being made shall                 deemed unreasonable to provide                        of the mediation services offered by the


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                                                            Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Rules and Regulations                                          75337

                                           National Archives and Records                           duplication fees if LSC has provided a                operations or activities. The disclosure
                                           Administration’s Office of Government                   timely written notice to the requester in             of information that is already in the
                                           Information Systems as a non-exclusive                  accordance with § 1602.9 and LSC has                  public domain, in either a duplicative or
                                           alternative to litigation.                              discussed with the requester via written              a substantially identical form, would
                                              (d) LSC will send its decision to the                mail, electronic mail, or telephone (or               not be likely to contribute to such
                                           requester within 20 business days after                 made not less than three good-faith                   understanding where nothing new
                                           receipt of the appeal, unless an                        attempts to do so) how the requester                  would be added to the public’s
                                           additional period is justified due to                   could effectively limit the scope of the              understanding.
                                           unusual circumstances, as described in                  request in accordance with paragraph                     (iii) The contribution to an
                                           § 1602.9, in which case LSC may extend                  § 1602.9.                                             understanding of the subject by the
                                           the time limit for up to 10 working days                   (c) When records are sought by a                   public likely to result from disclosure:
                                           by written notice to the requester setting              representative of the news media or by                Whether disclosure of the requested
                                           forth the reasons for such extension and                an educational or non-commercial                      records will contribute to ‘‘public
                                           the date on which LSC expects to send                   scientific institution, LSC shall limit               understanding.’’ The disclosure must
                                           its determination. The decision of the                  fees to reasonable standard charges for               contribute to a reasonably broad
                                           President or the Inspector General shall                document duplication after the first 100              audience of persons interested in the
                                           constitute the final action of LSC. All                 pages; and                                            subject, as opposed to the personal
                                           such decisions shall be treated as final                   (d) For all other requests, LSC shall              interest of the requester. A requester’s
                                           opinions under § 1602.5(b)(1).                          limit fees to reasonable standard charges             expertise in the subject area and ability
                                              (e) On an appeal, the President or                   for search time after the first 2 hours               and intention to effectively convey
                                           designee shall consult with the OIG                     and duplication after the first 100 pages.            information to the public shall be
                                           prior to reversing in whole or in part the                 (e) The schedule of charges and fees               considered. LSC shall presume that a
                                           denial of any request for records or                    for services regarding the production or              representative of the news media will
                                           portions of records which originated                    disclosure of the Corporation’s records               satisfy this consideration.
                                           with the OIG, or which contain                          may be viewed on LSC’s FOIA home
                                                                                                                                                            (iv) The significance of the
                                           information which originated with the                   page at http://www.lsc.gov/about-lsc/
                                                                                                                                                         contribution to public understanding:
                                           OIG, but which are maintained by other                  foia.
                                                                                                      (f) LSC may charge for time spent                  Whether the disclosure is likely to
                                           components of LSC. The Inspector                                                                              contribute ‘‘significantly’’ to public
                                           General or designee shall consult with                  searching even if it does not locate any
                                                                                                   responsive records or it withholds the                understanding of LSC operations or
                                           the President prior to reversing in whole                                                                     activities. The disclosure must enhance
                                           or in part the denial of any request for                records located as exempt from
                                                                                                   disclosure.                                           the public’s understanding of the
                                           records or portions of records which                                                                          subject in question to a significant
                                           originated with LSC, or which contain                      (g) Fee waivers. A requester may seek
                                                                                                   a waiver or reduction of the fees                     extent.
                                           information which originated with LSC,                                                                           (2) In order to determine whether
                                           but which are maintained by the OIG.                    established under paragraph (e) of this
                                                                                                   section. A fee waiver or reduction                    disclosure of the information is not
                                           § 1602.14   Fees.                                       request will be granted where LSC has                 primarily in the commercial interest of
                                             (a) LSC will not charge fees for                      determined that the requester has                     the requester, LSC will consider the
                                           information routinely provided in the                   demonstrated that disclosure of the                   following two factors:
                                           normal course of doing business.                        information is in the public interest                    (i) The existence and magnitude of a
                                             (b)(1) When records are requested for                 because it is likely to contribute                    commercial interest: Whether the
                                           commercial use, LSC shall limit fees to                 significantly to public understanding of              requester has a commercial interest that
                                           reasonable standard charges for                         the operations of LSC and is not                      would be furthered by the requested
                                           document search, review, and                            primarily in the commercial interest of               disclosure. LSC shall consider any
                                           duplication.                                            the requester.                                        commercial interest of the requester
                                             (2) LSC shall not assess any search                      (1) In order to determine whether                  (with reference to the definition of
                                           fees (or if the requester is a                          disclosure of the information is in the               ‘‘commercial use’’ in this part) or of any
                                           representative of the news media,                       public interest because it is likely to               person on whose behalf the requester
                                           duplication fees) if LSC has failed to                  contribute significantly to public                    may be acting, that would be furthered
                                           comply with the time limits set forth in                understanding of the operations or                    by the requested disclosure.
                                           § 1602.9 and no unusual circumstances,                  activities of LSC, LSC shall consider the                (ii) The primary interest in disclosure:
                                           as defined in that section apply.                       following four factors:                               Whether the magnitude of the identified
                                             (3)(i) If LSC has determined that                        (i) The subject of the request: Whether            commercial interest is sufficiently large,
                                           unusual circumstances as defined in                     the subject of the requested records                  in comparison with the public interest
                                           § 1602.9 apply and LSC has provided                     concerns ‘‘the operations or activities of            in disclosure, that disclosure is
                                           timely written notice to the requester in               LSC.’’ The subject of the requested                   ‘‘primarily’’ in the commercial interest
                                           accordance with § 1602.9(b)(1), a failure               records must concern identifiable                     of the requester. A fee waiver or
                                           described in paragraph § 1602.9(c)(2) is                operations or activities of LSC, with a               reduction is justified where the public
                                           excused for an additional 10 days. If                   connection that is direct and clear, not              interest is of greater magnitude than is
                                           LSC fails to comply with the extended                   remote or attenuated.                                 any identified commercial interest in
                                           time limit, LSC may not assess any                         (ii) The informative value of the                  disclosure. LSC ordinarily shall
                                           search fees (or, if the requester is a                  information to be disclosed: Whether                  presume that where a news media
                                           representative of the news media,                       the disclosure is ‘‘likely to contribute’’            requester has satisfied the public
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                                           duplication fees).                                      to an understanding of LSC operations                 interest standard, the public interest
                                             (ii) If LSC has determined that                       or activities. The requested records must             will be the interest primarily served by
                                           unusual circumstances as defined in                     be meaningfully informative about LSC                 disclosure to that requester. Disclosure
                                           § 1602.9 apply and more than 5,000                      operations or activities in order to be               to data brokers or others who merely
                                           pages are necessary to respond to the                   likely to contribute to an increased                  compile and market government
                                           request, LSC may charge search fees or                  public understanding of those                         information for direct economic return


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                                           75338            Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Rules and Regulations

                                           shall not be presumed primarily to serve                accordingly. Likewise, LSC will                          (d) The requirements of this section
                                           a public interest.                                      aggregate multiple requests for                       shall not apply if:
                                              (3) Where LSC has determined that a                  documents received from the same                         (1) LSC determines upon initial
                                           fee waiver or reduction request is                      requester within 45 days.                             review of the requested confidential
                                           justified for only some of the records to                                                                     commercial information that the
                                           be released, LSC shall grant the fee                    § 1602.15    Submitter’s rights process.              requested information should not be
                                           waiver or reduction for those records.                     (a) When LSC receives a FOIA request               disclosed;
                                              (4) Requests for fee waivers and                     seeking the release of confidential                      (2) The information has been
                                           reductions shall be made in writing and                 commercial information, LSC shall                     previously published or officially made
                                           must address the factors listed in this                 provide prompt written notice of the                  available to the public; or
                                           paragraph as they apply to the request.                 request to the submitter in order to                     (3) Disclosure of the information is
                                              (h) Requesters must agree to pay all                 afford the submitter an opportunity to                required by statute (other than FOIA) or
                                           fees charged for services associated with               object to the disclosure of the requested             LSC’s regulations.
                                           their requests. LSC will assume that                    confidential commercial information.                     (e) Whenever a requester files a
                                           requesters agree to pay all charges for                 The notice shall reasonably describe the              lawsuit seeking to compel disclosure of
                                           services associated with their requests                 confidential commercial information                   a submitter’s information, LSC shall
                                           up to $25 unless otherwise indicated by                 requested and inform the submitter of                 promptly notify the submitter.
                                           the requester. For requests estimated to                the process required by paragraph (b) of                 (f) Whenever LSC provides a
                                           exceed $25, LSC will consult with the                   this section.                                         submitter with notice and opportunity
                                           requester prior to processing the                          (b) If a submitter who has received                to oppose disclosure under this section,
                                           request, and such requests will not be                  notice of a request for the submitter’s               LSC shall notify the requester that the
                                           deemed to have been received by LSC                     confidential commercial information                   submitter’s rights process under this
                                           until the requester agrees in writing to                wishes to object to the disclosure of the             section has been triggered. Likewise,
                                           pay all fees charged for services.                      confidential commercial information,                  whenever a submitter files a lawsuit
                                              (i) No requester will be required to                 the submitter must provide LSC with a                 seeking to prevent the disclosure of the
                                           make an advance payment of any fee                      detailed written statement identifying                submitter’s information, LSC shall
                                           unless:                                                 the information which it objects to LSC
                                              (1) The requester has previously failed                                                                    notify the requester.
                                                                                                   disclosing. The submitter must send its                 Dated: October 20, 2016.
                                           to pay a required fee within 30 days of
                                                                                                   objections to the Office of Legal Affairs
                                           the date of billing, in which case an                                                                         Stefanie K. Davis,
                                                                                                   or, if it pertains to Office of Inspector
                                           advance deposit of the full amount of                                                                         Assistant General Counsel.
                                                                                                   General records, to the Office of
                                           the anticipated fee together with the fee                                                                     [FR Doc. 2016–25832 Filed 10–28–16; 8:45 am]
                                                                                                   Inspector General, and must specify the
                                           then due plus interest accrued may be
                                                                                                   grounds for withholding the information               BILLING CODE P
                                           required (and the request will not be
                                                                                                   under FOIA or this part. In particular,
                                           deemed to have been received by LSC
                                                                                                   the submitter must demonstrate why the
                                           until such payment is made); or                                                                               FEDERAL COMMUNICATIONS
                                              (2) LSC determines that an estimated                 information is commercial or financial
                                                                                                   information that is privileged or                     COMMISSION
                                           fee will exceed $250, in which case the
                                           requester shall be notified of the amount               confidential. The submitter’s statement
                                                                                                   must be received by LSC within seven                  47 CFR Part 25
                                           of the anticipated fee or such portion
                                           thereof as can readily be estimated.                    business days of the date of the notice               [IB Docket No. 02–34; FCC 16–108]
                                           Such notification shall be transmitted as               from LSC. If the submitter fails to
                                                                                                   respond to the notice from LSC within                 Amendment of the Commission’s
                                           soon as possible, but in any event
                                                                                                   that time, LSC will deem the submitter                Space Station Licensing Rules and
                                           within five working days of receipt by
                                                                                                   to have no objection to the disclosure of             Policies, Second Order on
                                           LSC, giving the best estimate then
                                                                                                   the information.                                      Reconsideration
                                           available. The notification shall offer the
                                           requester the opportunity to confer with                   (c) Upon receipt of written objection
                                                                                                                                                         AGENCY:  Federal Communications
                                           appropriate representatives of LSC for                  to disclosure by a submitter, LSC shall
                                                                                                                                                         Commission.
                                           the purpose of reformulating the request                consider the submitter’s objections and
                                                                                                   specific grounds for withholding in                   ACTION: Final rule.
                                           so as to meet the needs of the requester
                                           at a reduced cost. The request will not                 deciding whether to release the                       SUMMARY:   The Federal Communications
                                           be deemed to have been received by                      disputed information. Whenever LSC                    Commission addresses the remaining
                                           LSC for purposes of the initial 20-day                  decides to disclose information over the              petitions for reconsideration of the First
                                           response period until the requester                     objection of the submitter, LSC shall                 Space Station Licensing Reform Order,
                                           makes a deposit on the fee in an amount                 give the submitter written notice which               and amends, clarifies, or eliminates
                                           determined by LSC.                                      shall include:                                        certain provisions to streamline its
                                              (j) Interest may be charged to those                    (1) A description of the information to            procedures and ease administrative
                                           requesters who fail to pay the fees                     be released and a notice that LSC                     burdens on applicants and licensees.
                                           charged. Interest will be assessed on the               intends to release the information;
                                                                                                                                                         DATES: Effective November 30, 2016.
                                           amount billed, starting on the 31st day                    (2) A statement of the reason(s) why
                                                                                                   the submitter’s request for withholding               FOR FURTHER INFORMATION CONTACT: Jay
                                           following the day on which the billing
                                                                                                   is being rejected; and                                Whaley, 202–418–7184, or if concerning
                                           was sent. The rate charged will be as
                                                                                                      (3) Notice that the submitter shall                the information collections in this
                                           prescribed in 31 U.S.C. 3717.
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                                              (k) If LSC reasonably believes that a                have five business days from the date of              document, Cathy Williams, 202–418–
                                           requester or group of requesters is                     the notice of proposed release to appeal              2918.
                                           attempting to break a request into a                    that decision to the LSC President or                 SUPPLEMENTARY INFORMATION:  This is a
                                           series of requests for the purpose of                   Inspector General (as provided in                     summary of the Commission’s Second
                                           evading the assessment of fees, LSC                     § 1602.13 (c)), whose decision shall be               Order on Reconsideration, FCC 16–108,
                                           shall aggregate such requests and charge                final.                                                adopted on August 15, 2016 and


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Document Created: 2018-02-02 12:13:26
Document Modified: 2018-02-02 12:13:26
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, request for comments.
DatesThe final rule is effective on December 15, 2016, unless LSC receives substantive adverse comments during the comment period. Written comments will be accepted until November 30, 2016.
ContactHelen Gerostathos Guyton, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 20007, (202) 295-1632 (phone), (202) 337-6519 (fax), [email protected]
FR Citation81 FR 75330 

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