81 FR 93791 - Freedom of Information Act

NATIONAL COUNCIL ON DISABILITY

Federal Register Volume 81, Issue 246 (December 22, 2016)

Page Range		93791-93792
FR Document		2016-30475

The National Council on Disability (NCD) issues a final rule amending its Freedom of Information Act (FOIA) regulations to integrate required statutory mandates enacted by the FOIA Improvement Act of 2016 (The Improvement Act). These changes include a longer timeframe to file an appeal for administrative appeals and additional resources for dispute resolution services. Additionally, NCD issues this final rule so as to include comments which were submitted for NCD's existing FOIA regulations. But due to issues beyond NCD control, NCD did not receive the comments until after publication of the final rule.

Federal Register, Volume 81 Issue 246 (Thursday, December 22, 2016)

[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Rules and Regulations]
[Pages 93791-93792]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30475]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / 
Rules and Regulations

[[Page 93791]]



NATIONAL COUNCIL ON DISABILITY

5 CFR Part 10000

RIN 3480-AA01


Freedom of Information Act

AGENCY: National Council on Disability.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The National Council on Disability (NCD) issues a final rule 
amending its Freedom of Information Act (FOIA) regulations to integrate 
required statutory mandates enacted by the FOIA Improvement Act of 2016 
(The Improvement Act). These changes include a longer timeframe to file 
an appeal for administrative appeals and additional resources for 
dispute resolution services. Additionally, NCD issues this final rule 
so as to include comments which were submitted for NCD's existing FOIA 
regulations. But due to issues beyond NCD control, NCD did not receive 
the comments until after publication of the final rule.

DATES: This rule is effective December 22, 2016.

FOR FURTHER INFORMATION CONTACT: Joan Durocher, General Counsel, 
National Council on Disability, at 202-272-2004 or [email protected].

SUPPLEMENTARY INFORMATION:

I. Objective

    The objective of this final rule is to amend several substantive 
and procedural provisions in NCD's FOIA regulation.\1\ The Improvement 
Act requires NCD to amend its FOIA regulations to extend the deadline 
for administrative appeals, to add information on dispute resolution 
services, and to amend NCD's fee structure. Additionally, NCD issues 
this final rule to amend its regulations so as to integrate comments 
that were submitted regarding NCD's original FOIA regulations but were 
not received until after publication of the final rule. NCD will 
integrate some of the commenter's remarks in this final rule.
---------------------------------------------------------------------------

    \1\ 80 FR 49117, August 17, 2015.
---------------------------------------------------------------------------

II. Section by Section Analysis of Amendments to 5 CFR Part 10000

    For the reasons discussed above, NCD amends 5 CFR part 10000 as 
follows:

A. Section 10000.2

    We revise Sec.  10000.2 by:
    1. Changing the word ``requestors'' to ``requesters'' in paragraphs 
(1) and (2) of the ``requester category'' definition.

B. Section 10000.6

    We revise Sec.  10000.6 by:
    1. Changing ``FOIA Officer'' to ``Chief FOIA Officer'' in paragraph 
(b)(3); and
    2. Adding NCD's FOIA Public Liaison and the Office of Government 
Information Services to the list of offices available to offer dispute 
resolution services in paragraph (b)(5); and
    3. Changing ``the Council shall determine whether another agency of 
the federal government . . .'' to ``the Council shall determine whether 
another agency or entity of the federal government. . . .'' in 
paragraph (c).

C. Section 10000.7

    We revise Sec.  10000.7 by:
    1. Adding the option to appeal by email in paragraph (a).
    2. Changing the appeals deadline from 60 days to 90 days in 
paragraph (b); and
    3. Adding NCD's FOIA Public Liaison and the Office of Government 
Information Services to the list of offices available to offer dispute 
resolution services in paragraph (c); and
    4. Changing the word ``disputes between FOIA requestors'' to 
``between FOIA requesters'' under paragraph (c).

D. Section 10000.8

    We revise Sec.  10000.8 by:
    1. Changing ``FOIA Officer'' to ``Chief FOIA Officer'' in paragraph 
(h)(4).

III. Statutory Authority

    1. The authority citation for parts 10000 is as follows:

    Authority: 5 U.S.C. 552, as amended; E.O. 12600, 52 FR 23781, 3 
CFR 1987, 1987 Comp., p. 235; 3 CFR part 235.

IV. Regulatory Analysis

    We have determined that the amendments mandated by the Improvement 
Act involve agency management and technical changes. Therefore, the 
amendments do not constitute a rulemaking under the Administrative 
Procedure Act (APA), 5 U.S.C. 551, 553(a)(2). Under the APA, the public 
may participate in the promulgation of rules that have a substantial 
impact on the public. The amendments to our regulations relate to 
agency management and technical changes only and are required by 
statute, and therefore, do not require public participation.
    Even if these amendments were a rulemaking under 5 U.S.C. 551, 
553(a)(2) of the APA, we have determined that notice and public comment 
are unnecessary and contrary to the public interest. Under 5 U.S.C. 
553(b)(B) of the APA, an agency may publish regulations in final form 
when the agency for good cause finds the notice and public procedure 
thereon impracticable, unnecessary, or contrary to public interest. The 
amendments are required by statute, are not a matter of agency 
discretion, and provide additional protections to the public through 
the existing regulations. Thus, notice and public procedure are 
impracticable, unnecessary, and contrary to the public interest.

V. Regulatory Flexibility Act

    The Regulatory Flexibility Act, as amended by the Small Business 
Regulatory Enforcement Act of 1996 (5 U.S.C. 601 et seq.), generally 
requires an agency to prepare a regulatory flexibility analysis for any 
rule subject to notice and comment rulemaking under the APA or any 
other statute, unless the agency certifies that the rule will not have 
a significant economic impact on a number of small entities. Small 
entities include small businesses, small organizations, and small 
government jurisdictions. The Council considered the effects on this 
final rule on small entities and certifies that these final rules will 
not have a significant impact on a substantial number of small 
entities.

List of Subjects in 5 CFR Part 10000

    Administrative practice and procedure, Confidential business 
information, Freedom of information, Privacy, Procedures for disclosure 
of records under the Freedom of Information Act.

[[Page 93792]]

    For the reasons discussed in the preamble, NCD amends 5 CFR part 
10000 as follows:

PART 10000--PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM 
OF INFORMATION ACT

0
1. The authority citation for part 10000 continues to read as follows:

    Authority:  5 U.S.C. 552, as amended; E.O. 12600, 52 FR 23781, 3 
CFR 1987, 1987 Comp., p. 235; 3 CFR 235.

0
2. Amend Sec.  10000.2 by revising paragraphs (1) and (3) of the 
definition for ``Requester category'' to read as follows:


Sec.  10000.2  Definitions.

* * * * *
Requester category * * *
    (1) Commercial requesters;
* * * * *
    (3) All other requesters.
* * * * *

0
3. Amend Sec.  10000.6 by revising paragraphs (b)(3) and (5) and the 
first sentence of paragraph (c) introductory text to read as follows:


Sec.  10000.6  Responsibility for responding to requests.

* * * * *
    (b) * * *
    (3) A brief statement of the reason(s) for the denial, including 
any FOIA exemption applied in denying the request. The Chief FOIA 
Officer will indicate, if technically feasible, the amount of 
information deleted and the exemption under which a deletion is made on 
the released portion of the record, unless including that indication 
would harm an interest protected by the exemption;
* * * * *
    (5) A statement of the right to seek dispute resolution services 
from NCD's FOIA Public Liaison and the Office of Government Information 
Services.
    (c) Consultation, referral, and coordination. When reviewing 
records located by the Council in response to a request, the Council 
shall determine whether another agency of the Federal Government or 
entity is better able to determine whether the record is exempt from 
disclosure under the FOIA and, if so, whether it should be released as 
a matter of discretion. * * *
* * * * *

0
4. Amend Sec.  10000.7 by revising paragraph (a), the first sentence of 
paragraph (b), and the fifth sentence of paragraph (c) to read as 
follows:


Sec.  10000.7  Administrative appeals.

    (a) You may appeal an adverse determination related to your FOIA 
request, or the Council's failure to respond to your FOIA request 
within the prescribed time limits, by email at [email protected], or write 
to the Executive Director, National Council on Disability, 1331 F 
Street NW., Suite 850, Washington, DC 20004.
    (b) Your appeal must be in writing and must be postmarked or 
electronically received by the Executive Director within 90 days of the 
date of the letter denying your request, in whole or in part. * * *
    (c) * * * A requester may also seek dispute resolution services 
from NCD's FOIA Public Liaison and OGIS. * * *
0
5. Amend Sec.  10000.8 by revising the first sentence of paragraph 
(h)(4) to read as follows.


Sec.  10000.8  Timeframe for Council's response to a FOIA request or 
administrative appeal.

* * * * *
    (h) * * *
    (4) The Chief FOIA Officer will decide whether to grant or deny 
your request for expedited processing and notify the requester within 
ten calendar days of receipt. * * *

    Dated: December 14, 2016.
Rebecca Cokley,
Executive Director.
[FR Doc. 2016-30475 Filed 12-21-16; 8:45 am]
 BILLING CODE 8421-03-P

93791

Rules and Regulations Federal Register
Vol. 81, No. 246

Thursday, December 22, 2016

This section of the FEDERAL REGISTER FOIA regulations but were not received management and technical changes.
contains regulatory documents having general until after publication of the final rule. Therefore, the amendments do not
applicability and legal effect, most of which NCD will integrate some of the constitute a rulemaking under the
are keyed to and codified in the Code of commenter’s remarks in this final rule. Administrative Procedure Act (APA), 5
Federal Regulations, which is published under
U.S.C. 551, 553(a)(2). Under the APA,
50 titles pursuant to 44 U.S.C. 1510. II. Section by Section Analysis of
the public may participate in the
Amendments to 5 CFR Part 10000
The Code of Federal Regulations is sold by promulgation of rules that have a
the Superintendent of Documents. Prices of For the reasons discussed above, NCD substantial impact on the public. The
new books are listed in the first FEDERAL amends 5 CFR part 10000 as follows: amendments to our regulations relate to
REGISTER issue of each week. agency management and technical
A. Section 10000.2
changes only and are required by
We revise § 10000.2 by: statute, and therefore, do not require
NATIONAL COUNCIL ON DISABILITY 1. Changing the word ‘‘requestors’’ to public participation.
‘‘requesters’’ in paragraphs (1) and (2) of
5 CFR Part 10000 the ‘‘requester category’’ definition. Even if these amendments were a
rulemaking under 5 U.S.C. 551,
RIN 3480–AA01 B. Section 10000.6 553(a)(2) of the APA, we have
Freedom of Information Act We revise § 10000.6 by: determined that notice and public
1. Changing ‘‘FOIA Officer’’ to ‘‘Chief comment are unnecessary and contrary
AGENCY: National Council on Disability. FOIA Officer’’ in paragraph (b)(3); and to the public interest. Under 5 U.S.C.
ACTION: Final rule. 2. Adding NCD’s FOIA Public Liaison 553(b)(B) of the APA, an agency may
and the Office of Government publish regulations in final form when
SUMMARY: The National Council on Information Services to the list of offices the agency for good cause finds the
Disability (NCD) issues a final rule notice and public procedure thereon
available to offer dispute resolution
amending its Freedom of Information impracticable, unnecessary, or contrary
services in paragraph (b)(5); and
Act (FOIA) regulations to integrate 3. Changing ‘‘the Council shall to public interest. The amendments are
required statutory mandates enacted by required by statute, are not a matter of
determine whether another agency of
the FOIA Improvement Act of 2016 (The agency discretion, and provide
the federal government . . .’’ to ‘‘the
Improvement Act). These changes additional protections to the public
Council shall determine whether
include a longer timeframe to file an through the existing regulations. Thus,
another agency or entity of the federal
appeal for administrative appeals and notice and public procedure are
government. . . .’’ in paragraph (c).
additional resources for dispute impracticable, unnecessary, and
resolution services. Additionally, NCD C. Section 10000.7 contrary to the public interest.
issues this final rule so as to include We revise § 10000.7 by:
comments which were submitted for 1. Adding the option to appeal by V. Regulatory Flexibility Act
NCD’s existing FOIA regulations. But email in paragraph (a).
due to issues beyond NCD control, NCD The Regulatory Flexibility Act, as
2. Changing the appeals deadline from amended by the Small Business
did not receive the comments until after 60 days to 90 days in paragraph (b); and
publication of the final rule. Regulatory Enforcement Act of 1996 (5
3. Adding NCD’s FOIA Public Liaison U.S.C. 601 et seq.), generally requires an
DATES: This rule is effective December and the Office of Government
22, 2016. agency to prepare a regulatory flexibility
Information Services to the list of offices analysis for any rule subject to notice
FOR FURTHER INFORMATION CONTACT: Joan available to offer dispute resolution
Durocher, General Counsel, National and comment rulemaking under the
services in paragraph (c); and APA or any other statute, unless the
Council on Disability, at 202–272–2004 4. Changing the word ‘‘disputes
or jdurocher@ncd.gov. agency certifies that the rule will not
between FOIA requestors’’ to ‘‘between have a significant economic impact on
SUPPLEMENTARY INFORMATION: FOIA requesters’’ under paragraph (c). a number of small entities. Small
I. Objective D. Section 10000.8 entities include small businesses, small
The objective of this final rule is to organizations, and small government
We revise § 10000.8 by:
amend several substantive and 1. Changing ‘‘FOIA Officer’’ to ‘‘Chief jurisdictions. The Council considered
procedural provisions in NCD’s FOIA FOIA Officer’’ in paragraph (h)(4). the effects on this final rule on small
regulation.1 The Improvement Act entities and certifies that these final
requires NCD to amend its FOIA III. Statutory Authority rules will not have a significant impact
regulations to extend the deadline for 1. The authority citation for parts on a substantial number of small
administrative appeals, to add 10000 is as follows: entities.
information on dispute resolution Authority: 5 U.S.C. 552, as amended; E.O. List of Subjects in 5 CFR Part 10000
services, and to amend NCD’s fee 12600, 52 FR 23781, 3 CFR 1987, 1987
Lhorne on DSK30JT082PROD with RULES

structure. Additionally, NCD issues this Comp., p. 235; 3 CFR part 235. Administrative practice and
final rule to amend its regulations so as procedure, Confidential business
to integrate comments that were IV. Regulatory Analysis information, Freedom of information,
submitted regarding NCD’s original We have determined that the Privacy, Procedures for disclosure of
amendments mandated by the records under the Freedom of
1 80 FR 49117, August 17, 2015. Improvement Act involve agency Information Act.

VerDate Sep<11>2014 15:15 Dec 21, 2016 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1

Document Created: 2016-12-21 23:52:00
Document Modified: 2016-12-21 23:52:00

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective December 22, 2016.
Contact		Joan Durocher, General Counsel, National Council on Disability, at 202-272-2004 or [email protected]
FR Citation		81 FR 93791
RIN Number		3480-AA01
CFR Associated		Administrative Practice and Procedure; Confidential Business Information; Freedom of Information; Privacy and Procedures for Disclosure of Records Under the Freedom of Information Act