81_FR_94462 81 FR 94215 - Freedom of Information Act Regulation

81 FR 94215 - Freedom of Information Act Regulation

OFFICE OF GOVERNMENT ETHICS

Federal Register Volume 81, Issue 247 (December 23, 2016)

Page Range94215-94217
FR Document2016-31004

The U.S. Office of Government Ethics (OGE) is updating its Freedom of Information Act (FOIA) regulation to implement changes in accordance with the FOIA Improvement Act of 2016.

Federal Register, Volume 81 Issue 247 (Friday, December 23, 2016) 
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Rules and Regulations]
[Pages 94215-94217]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31004]



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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. 247 / Friday, December 23, 2016 / 
Rules and Regulations

[[Page 94215]]


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OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2604

RIN 3209-AA39


Freedom of Information Act Regulation

AGENCY: Office of Government Ethics (OGE).

ACTION: Interim final rule.

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SUMMARY: The U.S. Office of Government Ethics (OGE) is updating its 
Freedom of Information Act (FOIA) regulation to implement changes in 
accordance with the FOIA Improvement Act of 2016.

DATES: This interim final rule is effective December 23, 2016. Written 
comments are invited and must be received on or before January 23, 
2017.

ADDRESSES: You may submit written comments to OGE on the interim final 
rule by any of the following methods:
     Email: [email protected]. Include the appropriate Regulation 
Identifier Number in the subject line of the message.
     Fax: (202) 482-9237.
     Mail/Hand Delivery/Courier: U.S. Office of Government 
Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917, 
Attention: Jennifer Matis, Assistant Counsel.
    Instructions: All submissions must include OGE's agency name and 
the appropriate Regulation Identifier Number (RIN) 3209-AA39 for this 
proposed rulemaking. OGE will post all comments on its Web site 
(www.oge.gov). All comments received will be posted without change; OGE 
generally does not edit a commenter's personal identifying information 
from submissions. You should submit only information that you wish to 
make available publicly.

FOR FURTHER INFORMATION CONTACT: Jennifer Matis, Assistant Counsel, 
Office of Government Ethics, Suite 500, 1201 New York Avenue NW., 
Washington, DC 20005-3917; Telephone: 202-482-9216; TTY: 800-877-8339; 
FAX: 202-482-9237.

SUPPLEMENTARY INFORMATION:

I. Substantive Discussion

    On June 30, 2016, the FOIA Improvement Act of 2016, Public Law 114-
185, 130 Stat. 538 (the Act) was enacted. The Act specifically requires 
all agencies to review and update their Freedom of Information Act 
(FOIA) regulations in accordance with its provisions. OGE is making 
changes to its regulations accordingly, including correcting citations, 
highlighting the electronic availability of records, implementing the 
``rule of three'' for frequently requested records, notifying 
requesters of their right to seek assistance from the FOIA Public 
Liaison and the Office of Government Information Services, changing the 
time limit for appeals, implementing the foreseeable harm standard, 
describing limitations on assessing search fees if the response time is 
delayed, and adding new annual reporting requirements.

II. Matters of Regulatory Procedure

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b), I find that good cause exists for 
waiving the general notice of proposed rulemaking and public comment 
procedures as to these technical amendments. The notice and comment 
procedures are being waived because these amendments, which concern 
matters of agency organization, procedure and practice, are being 
adopted in accordance with mandates required by the FOIA Improvement 
Act of 2016, which requires that agencies amend their FOIA regulations 
not later than 180 days after the date of enactment. It is also in the 
public interest in order to provide notice to requestors of the 
additional time to file appeals.

Regulatory Flexibility Act

    As the Director of the Office of Government Ethics, I certify under 
the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this interim 
final rule would not have a significant economic impact on a 
substantial number of small entities because it primarily affects 
individuals requesting records under the FOIA.

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
because this regulation does not contain information collection 
requirements that require approval of the Office of Management and 
Budget.

Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
chapter 5, subchapter II), this rule would not significantly or 
uniquely affect small governments and will not result in increased 
expenditures by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more (as adjusted for 
inflation) in any one year.

Executive Order 13563 and Executive Order 12866

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select the regulatory approaches that 
maximize net benefits (including economic, environmental, public health 
and safety effects, distributive impacts, and equity). Executive Order 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
In promulgating this rulemaking, OGE has adhered to the regulatory 
philosophy and the applicable principles of regulation set forth in 
Executive Orders 12866 and 13563. The rule has not been reviewed by the 
Office of Management and Budget because it is not a significant 
regulatory action for the purposes of Executive Order 12866.

Executive Order 12988

    As Director of the Office of Government Ethics, I have reviewed 
this rule in light of section 3 of Executive Order 12988, Civil Justice 
Reform, and certify that it meets the applicable standards provided 
therein.

List of Subjects in 5 CFR Part 2604

    Administrative practice and procedure, Archives and records, 
Confidential business information, Freedom of information, Reporting 
and recordkeeping requirements.


[[Page 94216]]


    Approved: December 20, 2016.
Walter M. Shaub, Jr.,
Director, Office of Government Ethics.

    For the reasons set out above, OGE amends 5 CFR part 2604 as 
follows:

PART 2604--FREEDOM OF INFORMATION ACT RULES AND SCHEDULE OF FEES 
FOR THE PRODUCTION OF PUBLIC FINANCIAL DISCLOSURE REPORTS

0
1. The authority citation for part 2604 continues to read as follows:

    Authority:  5 U.S.C. 552; 5 U.S.C. App. 101-505; E.O. 12600, 52 
FR 23781, 3 CFR, 1987 Comp., p. 235; E.O. 13392, 70 FR 75373, 3 CFR, 
2005 Comp., p. 216.


0
2. Amend Sec.  2604.103 by revising the definition of ``Chief FOIA 
Officer'' to read as follows:


Sec.  2604.103   Definitions.

* * * * *
    Chief FOIA Officer means the OGE official designated in 5 U.S.C. 
552(j)(1) to provide oversight of all of OGE's FOIA program operations.
* * * * *

0
3. Amend Sec.  2604.201 by revising paragraphs (b) introductory text 
and (b)(4), removing paragraph (c), and redesignating paragraph (d) as 
paragraph (c) to read as follows:


Sec.  2604.201   Public reading room facility and Web site.

* * * * *
    (b) Records available. The OGE Web site contains OGE records which 
are required by 5 U.S.C. 552(a)(2) to be made available for public 
inspection in an electronic format, including:
* * * * *
    (4) Copies of records created by OGE that have been released to any 
person under subpart C of this part and that, because of the nature of 
their subject matter, OGE determines 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; and
* * * * *

0
4. Amend Sec.  2604.202 by revising paragraph (a) to read as follows:


Sec.  2604.202   Index identifying information for the public.

    (a) OGE will maintain and make available for public inspection in 
an electronic format a current index of the materials available on its 
Web site that are required to be indexed under 5 U.S.C. 552(a)(2).
* * * * *

0
5. Amend Sec.  2604.303 by revising paragraphs (a) and (b)(4), and 
adding paragraph (b)(5) to read as follows:


Sec.  2604.303  Form and content of responses.

    (a) Form of notice granting a request. After the FOIA Officer has 
made a determination to grant a request in whole or in part, the 
requester will be notified in writing. The notice will describe the 
manner in which the record will be disclosed, whether by providing a 
copy of the record with the response or at a later date, or by making a 
copy of the record available to the requester for inspection at a 
reasonable time and place. The procedure for such an inspection may not 
unreasonably disrupt OGE operations. The response letter will inform 
the requester of the right of the requester to seek assistance from the 
FOIA Public Liaison. The response letter will also inform the requester 
in the response of any fees to be charged in accordance with the 
provisions of subpart E of this part.
    (b) * * *
    (4) A statement that the denial may be appealed under Sec.  
2604.304, and a description of the requirements of that section; and
    (5) A statement of the right of the requester to seek dispute 
resolution services from the FOIA Public Liaison or the Office of 
Government Information Services (OGIS).

0
6. Amend Sec.  2604.304 by revising paragraph (b) to read as follows:


Sec.  2604.304  Appeal of denials.

* * * * *
    (b) Letter of appeal. The appeal must be in writing and must be 
sent within 90 calendar days of receipt of the denial letter. An appeal 
should include a copy of the initial request, a copy of the letter 
denying the request in whole or in part, and a statement of the 
circumstances, reasons or arguments advanced in support of disclosure 
of the record.
* * * * *

0
7. Amend Sec.  2604.305 by revising paragraph (c) to read as follows:


Sec.  2604.305  Time limits.

* * * * *
    (c) Extension of time limits. When additional time is required for 
one of the reasons stated in paragraph (d) of this section, OGE will, 
within the statutory 20-working day period, issue written notice to the 
requester setting forth the reasons for the extension and the date on 
which a determination is expected to be made. If more than 10 
additional working days are needed, the requester will be notified and 
provided an opportunity to limit the scope of the request or to arrange 
for an alternative time frame for processing the request or a modified 
request. To aid the requester, OGE will make available its FOIA Public 
Liaison to assist in the resolution of any disputes. Additionally, OGE 
will notify the requester of the right of the requester to seek dispute 
resolution services from OGIS.
* * * * *

0
8. Amend Sec.  2604.401 by revising paragraph (a) to read as follows:


Sec.  2604.401   Application of exemptions.

    (a) Foreseeable harm standard. A requested record will not be 
withheld from inspection or copying unless it comes within one of the 
classes of records exempted by 5 U.S.C. 552 and OGE reasonably foresees 
that disclosure would harm an interest protected by an exemption 
described in 5 U.S.C. 552(b) or is prohibited by law. Nothing in this 
paragraph requires disclosure of information that is otherwise 
prohibited from disclosure by law, or otherwise exempted from 
disclosure under 5 U.S.C. 552(b)(3).
* * * * *

0
9. Amend Sec.  2604.503 by revising paragraph (d) to read as follows:


Sec.  2604.503   Limitations on charging fees.

* * * * *
    (d) If OGE does not comply with one of the time limits under Sec.  
2604.305, it will not assess search fees (or in the case of a requester 
described under Sec.  2604.502(c), duplication fees), except as 
provided in paragraphs (d)(1) through (d)(3) of this section.
    (1) If OGE has determined that unusual circumstances apply, as 
defined in 5 U.S.C. 552(a)(6)(B), and OGE provided timely written 
notice to the requester in accordance with 5 U.S.C. 552(a)(6)(B), a 
failure to comply with the time limit is excused for an additional 10 
days.
    (2) If OGE has determined that unusual circumstances apply, as 
defined in 5 U.S.C. 552(a)(6)(B), and more than 5,000 pages are 
necessary to respond to the request, OGE may charge search fees (or in 
the case of requesters described under Sec.  2604.502(c), duplication 
fees) if OGE has provided timely written notice to the requester in 
accordance with 5 U.S.C. 552(a)(6)(B) and OGE has discussed with the 
requester via written mail, email, 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 5. U.S.C. 
552(a)(6)(B)(ii).
    (3) If a court has determined that exceptional circumstances exist, 
as

[[Page 94217]]

defined in 5 U.S.C. 552(a)(6)(B), a failure to comply with the time 
limits shall be excused for the length of time provided by the court 
order.

0
10. Revise Sec.  2604.601 to read as follows:


Sec.  2604.601   Electronic posting and submission of annual OGE FOIA 
report.

    On or before February 1 of each year, OGE will submit to the Office 
of Information Policy at the United States Department of Justice and to 
the Director of OGIS an Annual FOIA Report. The report will include the 
information required by 5 U.S.C. 552(e). OGE will electronically post 
on its Web site the report and the raw statistical data used in each 
report, in accordance with 5 U.S.C. 552(e)(3).

[FR Doc. 2016-31004 Filed 12-22-16; 8:45 am]
 BILLING CODE 6345-03-P

94215 Rules and Regulations Federal Register Vol. 81, No. 247 Friday, December 23, 2016 This section of the FEDERAL REGISTER New York Avenue NW., Washington, Paperwork Reduction Act contains regulatory documents having general DC 20005–3917; Telephone: 202–482– applicability and legal effect, most of which 9216; TTY: 800–877–8339; FAX: 202– The Paperwork Reduction Act (44 are keyed to and codified in the Code of 482–9237. U.S.C. chapter 35) does not apply Federal Regulations, which is published under because this regulation does not contain SUPPLEMENTARY INFORMATION: 50 titles pursuant to 44 U.S.C. 1510. information collection requirements that I. Substantive Discussion require approval of the Office of The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of On June 30, 2016, the FOIA Management and Budget. new books are listed in the first FEDERAL Improvement Act of 2016, Public Law Unfunded Mandates Reform Act REGISTER issue of each week. 114–185, 130 Stat. 538 (the Act) was enacted. The Act specifically requires For purposes of the Unfunded all agencies to review and update their Mandates Reform Act of 1995 (2 U.S.C. OFFICE OF GOVERNMENT ETHICS Freedom of Information Act (FOIA) chapter 5, subchapter II), this rule regulations in accordance with its would not significantly or uniquely 5 CFR Part 2604 provisions. OGE is making changes to affect small governments and will not RIN 3209–AA39 its regulations accordingly, including result in increased expenditures by correcting citations, highlighting the State, local, and tribal governments, in Freedom of Information Act Regulation electronic availability of records, the aggregate, or by the private sector, of implementing the ‘‘rule of three’’ for $100 million or more (as adjusted for AGENCY: Office of Government Ethics frequently requested records, notifying (OGE). inflation) in any one year. requesters of their right to seek ACTION: Interim final rule. assistance from the FOIA Public Liaison Executive Order 13563 and Executive and the Office of Government Order 12866 SUMMARY: The U.S. Office of Information Services, changing the time Government Ethics (OGE) is updating its Executive Orders 13563 and 12866 limit for appeals, implementing the Freedom of Information Act (FOIA) direct agencies to assess all costs and foreseeable harm standard, describing regulation to implement changes in benefits of available regulatory limitations on assessing search fees if accordance with the FOIA Improvement alternatives and, if regulation is the response time is delayed, and Act of 2016. necessary, to select the regulatory adding new annual reporting DATES: This interim final rule is approaches that maximize net benefits requirements. effective December 23, 2016. Written (including economic, environmental, comments are invited and must be II. Matters of Regulatory Procedure public health and safety effects, received on or before January 23, 2017. distributive impacts, and equity). Administrative Procedure Act ADDRESSES: You may submit written Executive Order 13563 emphasizes the Pursuant to 5 U.S.C. 553(b), I find that importance of quantifying both costs comments to OGE on the interim final good cause exists for waiving the rule by any of the following methods: and benefits, of reducing costs, of general notice of proposed rulemaking harmonizing rules, and of promoting • Email: usoge@oge.gov. Include the and public comment procedures as to appropriate Regulation Identifier flexibility. In promulgating this these technical amendments. The notice rulemaking, OGE has adhered to the Number in the subject line of the and comment procedures are being message. regulatory philosophy and the waived because these amendments, applicable principles of regulation set • Fax: (202) 482–9237. which concern matters of agency • Mail/Hand Delivery/Courier: U.S. forth in Executive Orders 12866 and organization, procedure and practice, 13563. The rule has not been reviewed Office of Government Ethics, Suite 500, are being adopted in accordance with 1201 New York Avenue NW., by the Office of Management and mandates required by the FOIA Budget because it is not a significant Washington, DC 20005–3917, Attention: Improvement Act of 2016, which Jennifer Matis, Assistant Counsel. regulatory action for the purposes of requires that agencies amend their FOIA Executive Order 12866. Instructions: All submissions must regulations not later than 180 days after include OGE’s agency name and the the date of enactment. It is also in the Executive Order 12988 appropriate Regulation Identifier public interest in order to provide Number (RIN) 3209–AA39 for this As Director of the Office of notice to requestors of the additional proposed rulemaking. OGE will post all Government Ethics, I have reviewed this time to file appeals. comments on its Web site rule in light of section 3 of Executive (www.oge.gov). All comments received Regulatory Flexibility Act Order 12988, Civil Justice Reform, and will be posted without change; OGE As the Director of the Office of certify that it meets the applicable generally does not edit a commenter’s Government Ethics, I certify under the standards provided therein. jstallworth on DSK7TPTVN1PROD with RULES personal identifying information from Regulatory Flexibility Act (5 U.S.C. List of Subjects in 5 CFR Part 2604 submissions. You should submit only chapter 6) that this interim final rule information that you wish to make would not have a significant economic Administrative practice and available publicly. impact on a substantial number of small procedure, Archives and records, FOR FURTHER INFORMATION CONTACT: entities because it primarily affects Confidential business information, Jennifer Matis, Assistant Counsel, Office individuals requesting records under Freedom of information, Reporting and of Government Ethics, Suite 500, 1201 the FOIA. recordkeeping requirements. VerDate Sep<11>2014 15:20 Dec 22, 2016 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\23DER1.SGM 23DER1

94216 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations Approved: December 20, 2016. ■ 5. Amend § 2604.303 by revising request or to arrange for an alternative Walter M. Shaub, Jr., paragraphs (a) and (b)(4), and adding time frame for processing the request or Director, Office of Government Ethics. paragraph (b)(5) to read as follows: a modified request. To aid the requester, OGE will make available its FOIA For the reasons set out above, OGE § 2604.303 Form and content of Public Liaison to assist in the resolution amends 5 CFR part 2604 as follows: responses. of any disputes. Additionally, OGE will (a) Form of notice granting a request. notify the requester of the right of the PART 2604—FREEDOM OF After the FOIA Officer has made a requester to seek dispute resolution INFORMATION ACT RULES AND determination to grant a request in services from OGIS. SCHEDULE OF FEES FOR THE whole or in part, the requester will be PRODUCTION OF PUBLIC FINANCIAL notified in writing. The notice will * * * * * DISCLOSURE REPORTS describe the manner in which the record ■ 8. Amend § 2604.401 by revising will be disclosed, whether by providing paragraph (a) to read as follows: ■ 1. The authority citation for part 2604 a copy of the record with the response § 2604.401 Application of exemptions. continues to read as follows: or at a later date, or by making a copy (a) Foreseeable harm standard. A Authority: 5 U.S.C. 552; 5 U.S.C. App. of the record available to the requester requested record will not be withheld 101–505; E.O. 12600, 52 FR 23781, 3 CFR, for inspection at a reasonable time and 1987 Comp., p. 235; E.O. 13392, 70 FR 75373, from inspection or copying unless it place. The procedure for such an 3 CFR, 2005 Comp., p. 216. comes within one of the classes of inspection may not unreasonably records exempted by 5 U.S.C. 552 and ■ 2. Amend § 2604.103 by revising the disrupt OGE operations. The response OGE reasonably foresees that disclosure definition of ‘‘Chief FOIA Officer’’ to letter will inform the requester of the would harm an interest protected by an read as follows: right of the requester to seek assistance exemption described in 5 U.S.C. 552(b) from the FOIA Public Liaison. The or is prohibited by law. Nothing in this § 2604.103 Definitions. response letter will also inform the paragraph requires disclosure of * * * * * requester in the response of any fees to information that is otherwise prohibited Chief FOIA Officer means the OGE be charged in accordance with the from disclosure by law, or otherwise official designated in 5 U.S.C. 552(j)(1) provisions of subpart E of this part. (b) * * * exempted from disclosure under 5 to provide oversight of all of OGE’s U.S.C. 552(b)(3). (4) A statement that the denial may be FOIA program operations. * * * * * appealed under § 2604.304, and a * * * * * description of the requirements of that ■ 9. Amend § 2604.503 by revising ■ 3. Amend § 2604.201 by revising section; and paragraph (d) to read as follows: paragraphs (b) introductory text and (5) A statement of the right of the (b)(4), removing paragraph (c), and requester to seek dispute resolution § 2604.503 Limitations on charging fees. redesignating paragraph (d) as services from the FOIA Public Liaison * * * * * paragraph (c) to read as follows: or the Office of Government Information (d) If OGE does not comply with one Services (OGIS). of the time limits under § 2604.305, it § 2604.201 Public reading room facility will not assess search fees (or in the case ■ 6. Amend § 2604.304 by revising and Web site. of a requester described under paragraph (b) to read as follows: * * * * * § 2604.502(c), duplication fees), except (b) Records available. The OGE Web § 2604.304 Appeal of denials. as provided in paragraphs (d)(1) through site contains OGE records which are * * * * * (d)(3) of this section. required by 5 U.S.C. 552(a)(2) to be (b) Letter of appeal. The appeal must (1) If OGE has determined that made available for public inspection in be in writing and must be sent within unusual circumstances apply, as an electronic format, including: 90 calendar days of receipt of the denial defined in 5 U.S.C. 552(a)(6)(B), and * * * * * letter. An appeal should include a copy OGE provided timely written notice to (4) Copies of records created by OGE of the initial request, a copy of the letter the requester in accordance with 5 that have been released to any person denying the request in whole or in part, U.S.C. 552(a)(6)(B), a failure to comply under subpart C of this part and that, and a statement of the circumstances, with the time limit is excused for an because of the nature of their subject reasons or arguments advanced in additional 10 days. matter, OGE determines have become or support of disclosure of the record. (2) If OGE has determined that are likely to become the subject of * * * * * unusual circumstances apply, as subsequent requests for substantially the ■ 7. Amend § 2604.305 by revising defined in 5 U.S.C. 552(a)(6)(B), and same records or that have been paragraph (c) to read as follows: more than 5,000 pages are necessary to requested three or more times; and respond to the request, OGE may charge § 2604.305 Time limits. search fees (or in the case of requesters * * * * * described under § 2604.502(c), * * * * * ■ 4. Amend § 2604.202 by revising (c) Extension of time limits. When duplication fees) if OGE has provided paragraph (a) to read as follows: additional time is required for one of the timely written notice to the requester in reasons stated in paragraph (d) of this accordance with 5 U.S.C. 552(a)(6)(B) § 2604.202 Index identifying information section, OGE will, within the statutory and OGE has discussed with the for the public. 20-working day period, issue written requester via written mail, email, or jstallworth on DSK7TPTVN1PROD with RULES (a) OGE will maintain and make notice to the requester setting forth the telephone (or made not less than three available for public inspection in an reasons for the extension and the date good-faith attempts to do so) how the electronic format a current index of the on which a determination is expected to requester could effectively limit the materials available on its Web site that be made. If more than 10 additional scope of the request in accordance with are required to be indexed under 5 working days are needed, the requester 5. U.S.C. 552(a)(6)(B)(ii). U.S.C. 552(a)(2). will be notified and provided an (3) If a court has determined that * * * * * opportunity to limit the scope of the exceptional circumstances exist, as VerDate Sep<11>2014 15:20 Dec 22, 2016 Jkt 241001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\23DER1.SGM 23DER1

Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations 94217 defined in 5 U.S.C. 552(a)(6)(B), a been inspected and found to be free of One commenter stated that the failure to comply with the time limits quarantine pests and were produced in proposed rule failed to comply with the shall be excused for the length of time accordance with the requirements. This requirements of the National provided by the court order. action allows for the importation of Environmental Policy Act (NEPA). ■ 10. Revise § 2604.601 to read as lemons from northwest Argentina into Specifically, the commenter stated that follows: the United States while continuing to the proposed rule is a major Federal provide protection against the action that significantly affects the § 2604.601 Electronic posting and introduction of quarantine pests. human environment, as set forth in 40 submission of annual OGE FOIA report. DATES: Effective January 23, 2017. CFR 1508.18 and 1508.27, respectively, On or before February 1 of each year, FOR FURTHER INFORMATION CONTACT: Mr. and that the Animal and Plant Health OGE will submit to the Office of Juan A. (Tony) Román, Senior Inspection Service (APHIS) should have Information Policy at the United States Regulatory Policy Specialist, PPQ, prepared an environmental impact Department of Justice and to the APHIS, 4700 River Road Unit 133, statement or environmental assessment Director of OGIS an Annual FOIA Riverdale, MD 20737–1236; (301) 851– (EA). The commenter further stated that Report. The report will include the 2242. none of the APHIS categorical information required by 5 U.S.C. 552(e). SUPPLEMENTARY INFORMATION: exclusions set forth in 7 CFR 1b.3 apply, OGE will electronically post on its Web therefore at a minimum, APHIS is site the report and the raw statistical Background obligated to prepare an EA. data used in each report, in accordance The regulations in ‘‘Subpart-Fruits APHIS notes that the APHIS NEPA with 5 U.S.C. 552(e)(3). and Vegetables’’ (7 CFR 319.56–1 implementing regulations in 7 CFR part [FR Doc. 2016–31004 Filed 12–22–16; 8:45 am] through 319.56–75, referred to below as 372 specify that additional routine BILLING CODE 6345–03–P the regulations) prohibit or restrict the measures used by APHIS are importation of fruits and vegetables into categorically exempt from NEPA, in the United States from certain parts of addition to those measures set forth in the world to prevent the introduction 7 CFR 1b.3. The measures in this rule DEPARTMENT OF AGRICULTURE that will occur within the United States and dissemination of plant pests within Animal and Plant Health Inspection the United States. fall within the scope of these additional Service On May 10, 2016, we published in the routine measures. Accordingly, a Federal Register (81 FR 28758, Docket categorical exclusion was prepared. No. APHIS–2014–0092) a proposal 1 to We do not agree that the rule meets 7 CFR Part 319 amend the regulations to allow the Council on Environmental Quality [Docket No. APHIS–2014–0092] importation of commercial requirements for a ‘‘significant’’ Federal RIN 0579–AE17 consignments of fresh lemons from action, and thus, by definition, cannot northwest Argentina into the be a ‘‘major’’ Federal action (a type of Importation of Lemons From continental United States, subject to a significant action). The rule is not Northwest Argentina systems approach. contextually significant from a policy We solicited comments concerning standpoint because it does not AGENCY: Animal and Plant Health our proposal for 60 days ending July 11, substantially alter existing policy Inspection Service, USDA. 2016. We extended the deadline for regarding market access requests, and ACTION: Final rule. comments until August 10, 2016, in a has severity/intensity only if one document published in the Federal concedes that the mitigations specified SUMMARY: We are amending the fruits in the rule are ineffective in precluding Register on July 11, 2016 (81 FR 44801, and vegetables regulations to allow the the introduction of quarantine pests. We Docket No. APHIS–2014–0092). We importation of lemons from northwest consider them effective, for reasons received 414 comments by that date. Argentina into the continental United discussed below. They were from domestic and foreign States. As a condition of entry, lemons One commenter stated that APHIS citrus producers, State and national from northwest Argentina would have must take all available measures to organizations representing citrus to be produced in accordance with a preclude introduction of invasive producers, State departments of systems approach that includes species into the United States. agriculture, an organization of State requirements for importation in APHIS agrees. Under the Plant plant pest regulatory agencies, commercial consignments; registration Protection Act (7 U.S.C. 7701 et seq.), Argentina’s national plant protection and monitoring of places of production we are responsible for regulating organization, the Argentine embassy, and packinghouses; pest-free places of exports, imports, and interstate lemon importers and wholesalers, production; grove sanitation, commerce in agricultural products and longshoremen, U.S. ports of entry, monitoring, and pest control practices; other commodities that pose a risk of Senators, Representatives, an Argentine treatment with a surface disinfectant; lot harboring plant pests or noxious weeds organization devoted to citrus research, identification; and inspection for in ways that are based on sound science and private citizens. Forty-seven quarantine pests by the Argentine and that will reduce the risk of commenters supported the rule as national plant protection organization. dissemination of plant pests or noxious proposed. Seventy-six commenters Additionally, lemons from northwest weeds. For this reason we prepared a generally opposed the proposed rule but Argentina will have to be harvested pest risk assessment (PRA) and assigned did not address any specific provisions. green and within a certain time period, mitigations with a proven track record The remaining commenters raised a jstallworth on DSK7TPTVN1PROD with RULES or treated for Mediterranean fruit fly in in the risk management document number of issues and concerns about accordance with an approved treatment (RMD). the proposed rule. These comments are schedule. Lemons from northwest One commenter noted that APHIS has discussed below by topic. Argentina will also be required to be also recently published proposed rules accompanied by a phytosanitary 1 To view the proposed rule and the comments to allow for the importation of citrus certificate with an additional we received, go to http://www.regulations.gov/ from South Africa (79 FR 51273, Docket declaration stating that the lemons have #!docketDetail;D=APHIS-2014-0092. No. APHIS–2014–0015) and Chile (81 VerDate Sep<11>2014 15:20 Dec 22, 2016 Jkt 241001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\23DER1.SGM 23DER1


Document Created: 2016-12-23 12:29:14
Document Modified: 2016-12-23 12:29:14
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
ActionInterim final rule.
DatesThis interim final rule is effective December 23, 2016. Written comments are invited and must be received on or before January 23, 2017.
ContactJennifer Matis, Assistant Counsel, Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917; Telephone: 202-482-9216; TTY: 800-877-8339; FAX: 202-482-9237.
FR Citation81 FR 94215 
RIN Number3209-AA39
CFR AssociatedAdministrative Practice and Procedure; Archives and Records; Confidential Business Information; Freedom of Information and Reporting and Recordkeeping Requirements
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