81 FR 93804 - Freedom of Information Act; Miscellaneous Rules

FEDERAL TRADE COMMISSION

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

Page Range		93804-93806
FR Document		2016-30507
The Federal Trade Commission is revising its Rules of Practice governing access to agency records to implement provisions of the FOIA Improvement Act of 2016.
Federal Register, Volume 81 Issue 246 (Thursday, December 22, 2016)
[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Rules and Regulations]
[Pages 93804-93806]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30507]


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FEDERAL TRADE COMMISSION

16 CFR Part 4


Freedom of Information Act; Miscellaneous Rules

AGENCY: Federal Trade Commission (FTC).

ACTION: Final rule.

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SUMMARY: The Federal Trade Commission is revising its Rules of Practice 
governing access to agency records to implement provisions of the FOIA 
Improvement Act of 2016.

DATES: These amendments are effective December 22, 2016.

FOR FURTHER INFORMATION CONTACT: G. Richard Gold, Attorney, Office of 
the General Counsel, Federal Trade Commission, 600 Pennsylvania Avenue 
NW., Washington, DC 20580, (202) 326-3355.

SUPPLEMENTARY INFORMATION: On June 30, 2016, President Obama signed 
into law the FOIA Improvement Act of 2016, Public Law 114-185 (the 
``2016 Amendments''), amending the Freedom of Information Act (FOIA), 5 
U.S.C. 552. The new law addresses a range of procedural issues, 
including requirements that agencies establish a minimum of 90 days for 
requesters to file an administrative appeal and that they provide 
dispute resolution services at various times throughout the FOIA 
process. The 2016 FOIA Amendments also codify the Department of 
Justice's ``foreseeable harm'' standard, amend FOIA Exemption 5, create 
a new ``FOIA Council,'' and add two new elements to agency Annual FOIA 
Reports. Agencies are directed to include procedures in their FOIA 
regulations for engaging in dispute resolution through agency FOIA 
Public Liaisons and the National Archives and Records Administration's 
Office of Government Information Services (OGIS). Finally, the new law 
requires the head of each agency to review and update their agency's 
regulations as necessary within 180 days of enactment.
    As set out below, this document implements Rule amendments that 
incorporate the 2016 FOIA Amendments. Pursuant to 5 U.S.C. 553, these 
changes do not require public

[[Page 93805]]

comment because they relate solely to agency practice and procedure.
    In a separate document published in today's Federal Register, the 
Commission seeks public comment pursuant to 5 U.S.C. 552(a)(4)(A)(i) on 
its proposal to amend its Rules of Practice relating to fees charged 
for obtaining Commission records.

The Public Record (16 CFR 4.9)

    The 2016 FOIA Amendments clarified that ``frequently requested'' 
records include any document that has been requested under FOIA three 
or more times. 5 U.S.C. 552(a)(2)(D). The Commission is amending Rule 
4.9(b)(10)(ix) to incorporate this revised statutory definition of 
``frequently requested'' records.

Nonpublic Material (16 CFR 4.10)

    The 2016 FOIA Amendments revised FOIA Exemption 5, 5 U.S.C. 
552(b)(5), to provide that ``the deliberative process privilege shall 
not apply to records created 25 years or more before the date on which 
the records were requested.'' \1\ The Commission is amending Rule 
4.10(a)(3) to incorporate this.
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    \1\ See 5 U.S.C. 552(b)(5) as amended.
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Disclosure Requests (16 CFR 4.11)

    The Commission is amending Rule 4.11(a)(1)(i)(A) to update the 
agency's FOIA Web site address.
    The Commission is updating Rule 4.11(a)(1)(i)(D)(1) to assist 
requesters in providing sufficient contact information to enable the 
agency to send a response to a FOIA request. A mailing address is 
generally required although an email address can be sufficient in some 
instances as determined by the FOIA Office.
    The Commission is amending Rule 4.11(a)(1)(ii)(B)(1) to set out the 
FOIA's precise statutory language of what constitutes an ``unusual 
circumstance.'' 5 U.S.C. 552(a)(6)(B)(iii).
    The 2016 FOIA Amendments require agencies to notify a requester at 
various stages through the FOIA process of the requester's right to 
seek dispute resolution services from agency FOIA Public Liaisons and 
OGIS.\2\ Thus, the Commission is amending Rule 4.11(a)(1)(ii)(C), 
4.11(a)(1)(iii)(A), and 4.11(a)(2) to incorporate this notice into the 
agency's regulations.
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    \2\ For example, see 5 U.S.C. 552 (a)(6)(A)(i)(for adverse 
determinations) and 5 U.S.C. 552(a)(6)(B)(ii)(for extending time 
limits by ten days under unusual circumstances).
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    The 2016 FOIA Amendments also codify the Department of Justice's 
guidance relating to a foreseeable harm standard. The Amendments 
prohibit an agency from withholding information requested under FOIA 
unless the agency reasonably foresees that disclosure would harm an 
interest protected by a FOIA exemption or the disclosure is prohibited 
by law. The Commission is amending Rule 4.11(a)(1)(iii)(A) to 
incorporate this.
    The 2016 FOIA Amendments also codify the requirement that agencies 
shall consider whether partial disclosure of information is possible 
whenever there is a determination that a full disclosure of a requested 
record is not possible and take reasonable steps necessary to segregate 
and release nonexempt information. The obligation to segregate 
releaseable portions of responsive records was already part of the 
Commission's pre-existing regulations, in Rule 4.11(a)(1)(iii)(A). 
However, the language there has been changed to follow the new language 
from the 2016 FOIA Amendments.
    The Commission is amending Rule 4.11(a)(1)(iii)(A) and 
4.11(a)(3)(i)(A)(2) to incorporate the new law's mandate that a FOIA 
requester has the right to file an administrative appeal within a 
period of time ``that is not less than 90 days after the date of such 
adverse determination.''
    The Commission certifies that the Rule amendments set forth in this 
notice do not require an initial or final regulatory analysis under the 
Regulatory Flexibility Act because the amendments will not have a 
significant economic impact on a substantial number of small entities. 
See 5 U.S.C. 605(b). Most requests for access to FTC records are filed 
by individuals who are not ``small entities'' within the meaning of 
that Act. Id. at 601(6). In any event, the economic impact of the Rule 
changes on all requesters is expected to be minimal, if any, and the 
Act does not require an analysis for rules that are not subject to the 
notice-and-comment requirements of the Administrative Procedure Act, as 
discussed below. The Rule amendments also do not contain information 
collection requirements within the meaning of the Paperwork Reduction 
Act, 44 U.S.C. 3501-3520. Furthermore, the Rule amendments relate 
solely to agency practice and procedure, and thus are not subject to 
the notice and comment requirements of the Administrative Procedure 
Act. See 5 U.S.C. 553(b)(3)(A).

List of Subjects in 16 CFR Part 4

    Administrative practice and procedure, Freedom of information.

    For the reasons set forth in the preamble, the Federal Trade 
Commission amends Title 16, Chapter I, Subchapter A of the Code of 
Federal Regulations as follows:

PART 4--MISCELLANEOUS RULES

0
1. The authority citation for part 4 continues to read as follows:

    Authority:  15 U.S.C. 46.


0
2. Amend Sec.  4.9 by revising paragraph (b)(10)(ix) to read as 
follows:


Sec.  4.9   The public record.

* * * * *
    (b) * * *
    (10) * * *
    (ix) Records, as determined by the General Counsel or his or her 
designee, that have been released in response to a request made under 
the Freedom of Information Act, 5 U.S.C. 552, and which, because of the 
nature of the subject matter, have become or are likely to become the 
subject of subsequent requests for substantially the same records, or 
that have been requested three or more times, except where some or all 
of those records would be exempt from disclosure under 5 U.S.C. 552 if 
requested by another party;
* * * * *

0
3. Revise Sec.  4.10(a)(3) to read as follows:


Sec.  4.10   Nonpublic material.

    (a) * * *
    (3) Interagency or intra-agency memoranda or letters that would not 
routinely be available by law to a private party in litigation with the 
Commission, provided that the deliberative process privilege shall not 
apply to records created 25 years or more before the date on which the 
records are requested. This exemption preserves the existing freedom of 
Commission officials and employees to engage in full and frank 
communication with each other and with officials and employees of other 
governmental agencies. This exemption includes records of the 
deliberations of the Commission except for the record of the final 
votes of each member of the Commission in every agency proceeding. It 
includes intraagency and interagency reports, memorandums, letters, 
correspondence, work papers, and minutes of meetings, as well as staff 
papers prepared for use within the Commission or between the Commission 
and other governmental agencies. It also includes information scheduled 
for public release, but as to which premature release would be contrary 
to the public interest;
* * * * *

0
4. Amend Sec.  4.11 by revising paragraphs (a)(1)(i)(A), 
(a)(1)(i)(D)(1), (a)(1)(ii)(B)(1), (a)(1)(ii)(C), (a)(1)(iii)(A),

[[Page 93806]]

(a)(2), and (a)(3)(i)(A)(2) to read as follows:


Sec.  4.11   Disclosure requests.

    (a) * * * (1) * * * (i) * * * (A) A request under the provisions of 
the Freedom of Information Act, 5 U.S.C. 552, as amended, for access to 
Commission records shall be in writing and transmitted by one of the 
following means: by the form located on the FTC's FOIA Web site, found 
at www.ftc.gov; by email message to the FOIA email account at 
[email protected]; by facsimile transmission to (202) 326-2477; or by mail 
to the following address: Freedom of Information Act Request, Office of 
the General Counsel, Federal Trade Commission, 600 Pennsylvania Avenue 
NW., Washington, DC 20580.
* * * * *
    (D) * * * (1) A properly filed FOIA request shall reasonably 
describe the records sought with enough detail to enable the Commission 
to locate them with a reasonable amount of effort. Whenever possible, 
the request should include specific information about each record 
sought such as date, title, name, author, recipient, subject matter of 
the record, provide information regarding fees pursuant to Sec.  
4.8(c), and provide sufficient contact information for a response to be 
sent. Although a mailing address is generally required, an email 
address can suffice in some instances. The FOIA Office will consider 
requests to send responses by email.
* * * * *
    (ii) * * *
    (B) * * *
    (1) Necessary to search for and collect the records from field 
facilities or other establishments that are separate from the office 
processing the request; or
* * * * *
    (C) If the deciding official (as designated by the General Counsel) 
extends the time limit for initial determination pursuant to paragraph 
(a)(1)(ii)(B) of this section, the requester will be notified in 
accordance with 5 U.S.C. 552(a)(6)(B). In exceptional circumstances, 
when the request cannot be processed within the extended time limit, 
the requester will be so notified and provided an opportunity to limit 
the scope of the request so that it may be processed within such time 
limit, or to arrange an alternative time frame for processing the 
request or a modified request. In exceptional circumstances, when the 
request cannot be processed within the extended time limit, the 
Commission will also make available the agency's FOIA Public Liaison to 
assist in the resolution of any disputes and notify the requester of 
the right to seek dispute resolution services from the Office of 
Government Information Services. ``Exceptional'' circumstances will not 
include delays resulting from a predictable workload of requests under 
this section. Unwillingness to make reasonable modifications in the 
scope of the request or to agree to an alternative time frame may be 
considered as factors in determining whether exceptional circumstances 
exist and whether the agency has exercised due diligence in responding 
to the request.
* * * * *
    (iii) * * * (A) The deciding official (as designated by the General 
Counsel) will make reasonable efforts to search, using either manual or 
electronic means, for documents that exist as of the date of the 
receipt of a request for the requested records in electronic form or 
format, except when such efforts would significantly interfere with the 
operation of the Commission's automated information systems. The 
deciding official will only withhold information if the agency 
reasonably foresees that disclosure would harm an interest protected by 
a FOIA exemption or disclosure is prohibited by law. The deciding 
official shall consider whether partial disclosure of information is 
possible whenever there is a determination that a full disclosure of a 
requested record is not possible and take reasonable steps necessary to 
segregate and release nonexempt information. Determination letters to a 
requester shall include the reasons therefor and the right of such 
person to seek assistance from the FTC's FOIA Public Liaison. Denials 
will advise the requester that this determination may be appealed to 
the General Counsel not more than 90 days after the date of the 
determination if the requester believes either that the records are not 
exempt, or that the General Counsel should exercise discretion to 
release such records notwithstanding their exempt status. The deciding 
official (as designated by the General Counsel) will also provide a 
reasonable, good-faith estimate of the volume of any materials to which 
access is denied, unless providing such an estimate would harm an 
interest protected by an exemption in 5 U.S.C. 552(b) that was cited as 
a basis for withholding materials. In the case of an adverse 
determination, FOIA response letters will notify requesters that they 
may seek dispute resolution services from the FTC's FOIA Public Liaison 
or from the Office of Government Information Services.
* * * * *
    (2) FOIA Requester Service Center. If a requester has questions or 
comments about the FOIA process, the requester should call the FOIA 
Requester Service Center at (202) 326-2430 to either speak directly to 
a FOIA Case Officer or leave a voice message. A requester should also 
ask the FOIA Case Officer to speak with the FOIA Public Liaison if 
there are concerns about the quality of the service received, or seek 
mediation resolution assistance during the FOIA response process.
    (3) * * * (i) * * * (A) * * *
    (2) If an initial request for records is denied in its entirety, 
the requester may, within 90 days after the adverse determination, 
appeal such denial to the General Counsel. If an initial request is 
denied in part, the time for appeal will not expire until 90 days after 
the date of the final letter notifying the requester that all records 
to which access has been granted have been made available. In unusual 
circumstances, the General Counsel or his or her designee may extend 
the time to appeal.
* * * * *

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2016-30507 Filed 12-21-16; 8:45 am]
 BILLING CODE 6750-01-P
93804 Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations

(i) Reporting shall a person be subject to a penalty for Issued in Renton, Washington, on
At the applicable time specified in failure to comply with a collection of December 7, 2016.
paragraph (i)(1) or (i)(2) of this AD, report the information subject to the requirements of Dionne Palermo,
findings (both positive and negative) of the the Paperwork Reduction Act unless that
Acting Manager, Transport Airplane
clearance check and detailed inspection collection of information displays a current
Directorate, Aircraft Certification Service.
required by paragraphs (g)(1) and (g)(2) of valid OMB Control Number. The OMB
Control Number for this information [FR Doc. 2016–30031 Filed 12–21–16; 8:45 am]
this AD, and each HFEC inspection required
by paragraph (g)(3) of this AD. Send the collection is 2120–0056. Public reporting for BILLING CODE 4910–13–P

report to Airbus at Airbus Service Bulletin this collection of information is estimated to
Reporting Online Application on Airbus be approximately 5 minutes per response,
including the time for reviewing instructions,
World (https://w3.airbus.com/), or in FEDERAL TRADE COMMISSION
completing and reviewing the collection of
accordance with paragraph 7 of Airbus AOT
information. All responses to this collection
A52W011–15, Revision 00, dated July 23, 16 CFR Part 4
of information are mandatory. Comments
2015. The report must include the applicable
concerning the accuracy of this burden and
information specified in Appendix 2 of
suggestions for reducing the burden should Freedom of Information Act;
Airbus AOT A52W011–15, Revision 00,
be directed to the FAA at: 800 Independence Miscellaneous Rules
dated July 23, 2015.
Ave. SW., Washington, DC 20591, Attn:
(1) If the inspection was done on or after AGENCY: Federal Trade Commission
Information Collection Clearance Officer,
the effective date of this AD: Submit the
report within 60 days after the inspection.
AES–200. (FTC).
(2) If the inspection was done before the (l) Related Information ACTION: Final rule.
effective date of this AD: Submit the report Refer to Mandatory Continuing
within 60 days after the effective date of this SUMMARY: The Federal Trade
Airworthiness Information (MCAI) European
AD. Airworthiness Directive 2015–0152, dated Commission is revising its Rules of
July 24, 2015, for related information. This Practice governing access to agency
(j) Post-Repair Provisions
MCAI may be found in the AD docket on the records to implement provisions of the
(1) Accomplishment of corrective actions FOIA Improvement Act of 2016.
Internet at http://www.regulations.gov by
required by this AD does not terminate the
searching for and locating Docket No. FAA– DATES: These amendments are effective
repetitive HFEC inspections required by
2016–6894. December 22, 2016.
paragraph (g)(3) of this AD.
(2) If all frame forks are replaced at the (m) Material Incorporated by Reference FOR FURTHER INFORMATION CONTACT: G.
same time on the aft LDCD of an airplane, the (1) The Director of the Federal Register Richard Gold, Attorney, Office of the
next HFEC inspection required by paragraph approved the incorporation by reference General Counsel, Federal Trade
(g)(3) of this AD can be deferred up to 4,500 (IBR) of the service information listed in this
flight cycles after the frame fork replacement. Commission, 600 Pennsylvania Avenue
paragraph under 5 U.S.C. 552(a) and 1 CFR NW., Washington, DC 20580, (202) 326–
(k) Other FAA AD Provisions part 51.
3355.
(2) You must use this service information
The following provisions also apply to this as applicable to do the actions required by SUPPLEMENTARY INFORMATION: On June
AD: this AD, unless this AD specifies otherwise. 30, 2016, President Obama signed into
(1) Alternative Methods of Compliance (i) Airbus Alert Operators Transmission law the FOIA Improvement Act of 2016,
(AMOCs): The Manager, International A52W011–15, Revision 00, dated July 23,
Branch, ANM–116, Transport Airplane Public Law 114–185 (the ‘‘2016
2015, including the following appendices: Amendments’’), amending the Freedom
Directorate, FAA, has the authority to (A) Appendix 1—Flowchart, undated.
approve AMOCs for this AD, if requested of Information Act (FOIA), 5 U.S.C. 552.
(B) Appendix 2—Reporting Sheet, undated.
using the procedures found in 14 CFR 39.19. (None of the pages of Appendix 2 are The new law addresses a range of
In accordance with 14 CFR 39.19, send your numbered.) procedural issues, including
request to your principal inspector or local (C) Appendix 3—titled ‘‘Technical requirements that agencies establish a
Flight Standards District Office, as Disposition,’’ Ref. TD/K12/L3/02978/2015, minimum of 90 days for requesters to
appropriate. If sending information directly Issue B, dated July 21, 2015. (Appendix 3 is file an administrative appeal and that
to the International Branch, send it to ATTN: identified with an appendix number only on they provide dispute resolution services
Dan Rodina, Aerospace Engineer, page 1 of Airbus Alert Operators
International Branch, ANM–116, Transport at various times throughout the FOIA
Transmission A52W011–15, Revision 00, process. The 2016 FOIA Amendments
Airplane Directorate, FAA, 1601 Lind dated July 23, 2015.)
Avenue SW., Renton, WA 98057–3356; (D) Appendix 4—P/N identification for also codify the Department of Justice’s
telephone 425–227–2125; fax 425–227–1149. frame forks and bushings, undated. ‘‘foreseeable harm’’ standard, amend
Information may be emailed to: 9-ANM-116- (ii) Reserved. FOIA Exemption 5, create a new ‘‘FOIA
AMOC-REQUESTS@faa.gov. Before using (3) For service information identified in Council,’’ and add two new elements to
any approved AMOC, notify your appropriate this AD, contact Airbus SAS, Airworthiness agency Annual FOIA Reports. Agencies
principal inspector, or lacking a principal Office—EAW, 1 Rond Point Maurice are directed to include procedures in
inspector, the manager of the local flight Bellonte, 31707 Blagnac Cedex, France; their FOIA regulations for engaging in
standards district office/certificate holding telephone +33 5 61 93 36 96; fax +33 5 61
district office. dispute resolution through agency FOIA
93 44 51; email account.airworth-eas@
(2) Contacting the Manufacturer: For any airbus.com; Internet http://www.airbus.com.
Public Liaisons and the National
requirement in this AD to obtain corrective (4) You may view this service information Archives and Records Administration’s
actions from a manufacturer, the action must at the FAA, Transport Airplane Directorate, Office of Government Information
be accomplished using a method approved 1601 Lind Avenue SW., Renton, WA. For Services (OGIS). Finally, the new law
by the Manager, International Branch, ANM– information on the availability of this requires the head of each agency to
116, Transport Airplane Directorate, FAA; or material at the FAA, call 425–227–1221. review and update their agency’s
the European Aviation Safety Agency (5) You may view this service information regulations as necessary within 180
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(EASA); or Airbus’s EASA Design that is incorporated by reference at the days of enactment.
Organization Approval (DOA). If approved by National Archives and Records
the DOA, the approval must include the Administration (NARA). For information on
As set out below, this document
DOA-authorized signature. the availability of this material at NARA, call implements Rule amendments that
(3) Reporting Requirements: A federal 202–741–6030, or go to: http:// incorporate the 2016 FOIA
agency may not conduct or sponsor, and a www.archives.gov/federal-register/cfr/ibr- Amendments. Pursuant to 5 U.S.C. 553,
person is not required to respond to, nor locations.html. these changes do not require public

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Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations 93805

comment because they relate solely to requested under FOIA unless the agency PART 4—MISCELLANEOUS RULES
agency practice and procedure. reasonably foresees that disclosure
In a separate document published in would harm an interest protected by a ■ 1. The authority citation for part 4
today’s Federal Register, the FOIA exemption or the disclosure is continues to read as follows:
Commission seeks public comment prohibited by law. The Commission is Authority: 15 U.S.C. 46.
pursuant to 5 U.S.C. 552(a)(4)(A)(i) on amending Rule 4.11(a)(1)(iii)(A) to
its proposal to amend its Rules of incorporate this. ■ 2. Amend § 4.9 by revising paragraph
Practice relating to fees charged for The 2016 FOIA Amendments also (b)(10)(ix) to read as follows:
obtaining Commission records. codify the requirement that agencies § 4.9 The public record.
shall consider whether partial
The Public Record (16 CFR 4.9) * * * * *
disclosure of information is possible
The 2016 FOIA Amendments clarified whenever there is a determination that (b) * * *
that ‘‘frequently requested’’ records a full disclosure of a requested record is (10) * * *
include any document that has been not possible and take reasonable steps (ix) Records, as determined by the
requested under FOIA three or more necessary to segregate and release General Counsel or his or her designee,
times. 5 U.S.C. 552(a)(2)(D). The nonexempt information. The obligation that have been released in response to
Commission is amending Rule to segregate releaseable portions of a request made under the Freedom of
4.9(b)(10)(ix) to incorporate this revised responsive records was already part of Information Act, 5 U.S.C. 552, and
statutory definition of ‘‘frequently the Commission’s pre-existing which, because of the nature of the
requested’’ records. regulations, in Rule 4.11(a)(1)(iii)(A). subject matter, have become or are
However, the language there has been likely to become the subject of
Nonpublic Material (16 CFR 4.10) subsequent requests for substantially the
changed to follow the new language
The 2016 FOIA Amendments revised from the 2016 FOIA Amendments. same records, or that have been
FOIA Exemption 5, 5 U.S.C. 552(b)(5), The Commission is amending Rule requested three or more times, except
to provide that ‘‘the deliberative process 4.11(a)(1)(iii)(A) and 4.11(a)(3)(i)(A)(2) where some or all of those records
privilege shall not apply to records to incorporate the new law’s mandate would be exempt from disclosure under
created 25 years or more before the date that a FOIA requester has the right to 5 U.S.C. 552 if requested by another
on which the records were requested.’’ 1 file an administrative appeal within a party;
The Commission is amending Rule period of time ‘‘that is not less than 90 * * * * *
4.10(a)(3) to incorporate this. days after the date of such adverse ■ 3. Revise § 4.10(a)(3) to read as
Disclosure Requests (16 CFR 4.11) determination.’’ follows:
The Commission certifies that the
The Commission is amending Rule Rule amendments set forth in this notice § 4.10 Nonpublic material.
4.11(a)(1)(i)(A) to update the agency’s do not require an initial or final (a) * * *
FOIA Web site address. regulatory analysis under the Regulatory
The Commission is updating Rule (3) Interagency or intra-agency
Flexibility Act because the amendments memoranda or letters that would not
4.11(a)(1)(i)(D)(1) to assist requesters in will not have a significant economic
providing sufficient contact information routinely be available by law to a
impact on a substantial number of small private party in litigation with the
to enable the agency to send a response entities. See 5 U.S.C. 605(b). Most
to a FOIA request. A mailing address is Commission, provided that the
requests for access to FTC records are deliberative process privilege shall not
generally required although an email filed by individuals who are not ‘‘small
address can be sufficient in some apply to records created 25 years or
entities’’ within the meaning of that Act. more before the date on which the
instances as determined by the FOIA Id. at 601(6). In any event, the economic
Office. records are requested. This exemption
impact of the Rule changes on all preserves the existing freedom of
The Commission is amending Rule requesters is expected to be minimal, if
4.11(a)(1)(ii)(B)(1) to set out the FOIA’s Commission officials and employees to
any, and the Act does not require an engage in full and frank communication
precise statutory language of what analysis for rules that are not subject to
constitutes an ‘‘unusual circumstance.’’ with each other and with officials and
the notice-and-comment requirements
5 U.S.C. 552(a)(6)(B)(iii). employees of other governmental
of the Administrative Procedure Act, as
The 2016 FOIA Amendments require agencies. This exemption includes
discussed below. The Rule amendments
agencies to notify a requester at various records of the deliberations of the
also do not contain information
stages through the FOIA process of the Commission except for the record of the
collection requirements within the
requester’s right to seek dispute final votes of each member of the
meaning of the Paperwork Reduction
resolution services from agency FOIA Commission in every agency
Act, 44 U.S.C. 3501–3520. Furthermore,
Public Liaisons and OGIS.2 Thus, the proceeding. It includes intraagency and
the Rule amendments relate solely to
Commission is amending Rule interagency reports, memorandums,
agency practice and procedure, and thus
4.11(a)(1)(ii)(C), 4.11(a)(1)(iii)(A), and letters, correspondence, work papers,
are not subject to the notice and
4.11(a)(2) to incorporate this notice into and minutes of meetings, as well as staff
comment requirements of the
the agency’s regulations. papers prepared for use within the
Administrative Procedure Act. See 5
The 2016 FOIA Amendments also Commission or between the
U.S.C. 553(b)(3)(A).
codify the Department of Justice’s Commission and other governmental
guidance relating to a foreseeable harm List of Subjects in 16 CFR Part 4 agencies. It also includes information
standard. The Amendments prohibit an Administrative practice and scheduled for public release, but as to
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agency from withholding information procedure, Freedom of information. which premature release would be
For the reasons set forth in the contrary to the public interest;
1 See 5 U.S.C. 552(b)(5) as amended. preamble, the Federal Trade * * * * *
2 Forexample, see 5 U.S.C. 552 (a)(6)(A)(i)(for
adverse determinations) and 5 U.S.C.
Commission amends Title 16, Chapter I, ■ 4. Amend § 4.11 by revising
552(a)(6)(B)(ii)(for extending time limits by ten days Subchapter A of the Code of Federal paragraphs (a)(1)(i)(A), (a)(1)(i)(D)(1),
under unusual circumstances). Regulations as follows: (a)(1)(ii)(B)(1), (a)(1)(ii)(C), (a)(1)(iii)(A),

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Document Created: 2016-12-21 23:52:27
Document Modified: 2016-12-21 23:52:27
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		These amendments are effective December 22, 2016.
Contact		G. Richard Gold, Attorney, Office of the General Counsel, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580, (202) 326-3355.
FR Citation		81 FR 93804
CFR Associated		Administrative Practice and Procedure and Freedom of Information