81_FR_95180 81 FR 94932 - Rules Regarding Availability of Information

81 FR 94932 - Rules Regarding Availability of Information

FEDERAL RESERVE SYSTEM

Federal Register Volume 81, Issue 248 (December 27, 2016)

Page Range94932-94934
FR Document2016-30670

The Board is adopting, and inviting comment on, an interim final rule to amend its regulations for processing requests under the Freedom of Information Act (``FOIA'') pursuant to the FOIA Improvement Act of 2016 (the ``Act''). The amendments clarify and update procedures for requesting information from the Board, extend the deadline for administrative appeals, and add information on dispute resolution services.

Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016)
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 94932-94934]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30670]


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FEDERAL RESERVE SYSTEM

12 CFR Part 261

[Docket No. R-1556]
 RIN 7100 AE 65


Rules Regarding Availability of Information

AGENCIES:  Board of Governors of the Federal Reserve System 
(``Board'').

ACTION: Interim final rule.

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

SUMMARY: The Board is adopting, and inviting comment on, an interim 
final rule to amend its regulations for processing requests under the 
Freedom of Information Act (``FOIA'') pursuant to the FOIA Improvement 
Act of 2016 (the ``Act''). The amendments clarify and update procedures 
for requesting information from the Board, extend the deadline for 
administrative appeals, and add information on dispute resolution 
services.

DATES: This interim final rule is effective December 27, 2016. Comments 
should be received on or before February 27, 2017.

ADDRESSES: You may submit comments, identified by Docket No. R-1556 and 
RIN No. 7100 AE-65, by any of the following methods:
     Agency Web site: http://www.federalreserve.gov. Follow the 
instructions for submitting comments at http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include the 
docket number in the subject line of the message.
     Fax: (202) 452-3819 or (202) 452-3102.
     Mail: Robert deV. Frierson, Secretary, Board of Governors 
of the Federal Reserve System, 20th Street and Constitution Avenue NW., 
Washington, DC 20551.
    All public comments will be made available on the Board's Web site 
at http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as 
submitted, unless modified for technical reasons. Accordingly, your 
comments will not be edited to remove any identifying or contact 
information. Public comments may also be viewed electronically or in 
paper form in Room 3515, 1801 K Street (between 18th and 19th Streets 
NW.), Washington, DC 20006, between 9:00 a.m. and 5:00 p.m. on 
weekdays.

FOR FURTHER INFORMATION CONTACT: 
    Board: Katherine Wheatley, Associate General Counsel, (202) 452-
3779; or Misty Mirpuri, Senior Attorney, (202) 452-2597; Board of 
Governors of the Federal Reserve System, 20th and C Streets NW., 
Washington, DC 20551.

SUPPLEMENTARY INFORMATION: 

I. Background

    This interim rule reflects changes to the Board's Rules Regarding 
Availability of Information (``Board's Rules'') required by the FOIA 
Improvement Act of 2016 (the ``Improvement Act'').\1\ The Improvement 
Act addresses a range of procedural issues, including requirements that 
agencies establish a minimum of 90 days for requesters to file an 
administrative appeal and that they provide dispute resolution services 
at various times throughout the FOIA process. Accordingly, the Board is 
adopting this interim final rule to comply with the statutory 
requirements of the Improvement Act.
---------------------------------------------------------------------------

    \1\ Public Law 114-185, 130 Stat. 538 (2016).
---------------------------------------------------------------------------

II. Description of the Final Rule

    This interim final rule makes conforming amendments throughout part 
261 of the Board's Rules to adopt the statutory exemptions and 
exceptions required by the Improvement Act. It also explains general 
policies and procedures for requesters seeking access to records and 
for processing requests by the Board's Freedom of Information Office.
    Section 261.10--Published information. The Improvement Act requires 
agencies to make certain records available in an electronic format. 
Thus, we are amending this section to include language that the Index 
to Board Actions will be maintained in an electronic format. In 
addition, we are removing the reference to the pedestrian entrance for 
Publications Services because it is no longer accurate.
    Section 261.11--Records available for public inspection. We are 
amending this section, including its heading, to clarify when and how 
the Board's records will be available for public inspection. 
Specifically, we are removing references to ``copying'' and adding in 
the text of the rule that records will be available ``in an electronic 
format'' to reflect the Improvement Act's change.\2\ We are also 
removing outdated information about records created after 1996 and 
incorrect information about procedures for obtaining certain reporting 
forms from the National Technical Information Service. As required by 
the Improvement Act, this section will now also provide that the Board 
will make available for public inspection records that have been 
released under section 261.12 and have been requested three or more 
times.
---------------------------------------------------------------------------

    \2\ 5 U.S.C. 552(a)(2).
---------------------------------------------------------------------------

    Section 261.12--Records available to public upon request. We are 
amending this section to remove one of the Board's FOI Office's 
incorrect facsimile number and adding the Board's Web site address for 
individuals to submit FOIA requests to the Board online.
    Section 261.13--Processing requests. We are amending this section 
to describe the process for the Board to extend its time for response 
in unusual circumstances. We are also adding language reflecting that 
all responses to FOIA requests will advise the requester of his or her 
right to seek assistance from the Board's FOIA Public Liaison. In 
keeping with the language of FOIA, the new language refers to ``adverse 
determinations'' rather than ``denials.'' The new language describes 
adverse determinations that may be appealed, and extends the time for 
appeal from 10 days to 90 days in accordance with the Improvement Act. 
The revised language also provides that when making an adverse 
determination, the Board will advise the requester of the right to seek 
dispute resolution services from the Board's FOIA Public Liaison or 
from the Office of Government Information Services. We are also adding 
an email address for requesters to submit an appeal to the Board.
    Section 261.14--Exemptions from disclosure. We are adding language 
to state that the Board will not withhold records based on the 
deliberative process privilege if the records were created 25 years or 
more before the date on which the records were requested, and that the 
Board will withhold records only when it reasonably foresees that 
disclosure would harm an interest

[[Page 94933]]

protected by an exemption described in the section, as required by the 
Improvement Act.
    Section 261.17--Fee schedules; waiver of fees. We are amending this 
section to provide restrictions on the Board's ability to charge fees 
as required by the Improvement Act.
    The Board notes that the Improvement Act provides federal agencies 
with no discretion in the implementation of the rule, and requires that 
conforming amendments to agency-specific rules become effective within 
180 days of the Act's enactment. Accordingly, this interim rule is 
final and effective on December 27, 2016. The Board is providing an 
opportunity for comment and will address any comments received in a 
subsequent rulemaking.

III. Administrative Law Matters

Administrative Procedure Act

    This rule is not subject to the provisions of the Administrative 
Procedure Act (``APA''), 5 U.S.C. 553, requiring notice, public 
participation, and deferred effective date. The FOIA Improvement Act of 
2016 provides federal agencies with no discretion in the implementation 
of the substantive amendments made in this rule, and it also requires 
that conforming amendments to agency-specific rules become effective as 
of December 27, 2016. For these reasons, the Board finds good cause to 
determine that public notice and comment for these amendments is 
unnecessary, impracticable, or contrary to the public interest, 
pursuant to the APA, 5 U.S.C. 553(b)(B), and that good cause exists to 
dispense with a deferred effective date pursuant to 5 U.S.C. 553(d)(3). 
The Board is providing, however, an opportunity for comment and will 
address any comments received in the final rule that adopts the interim 
rule as final.

Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., applies only 
to rules for which an agency publishes a general notice of proposed 
rulemaking. Because the Board has determined for good cause that a 
notice of proposed rulemaking for this rule is unnecessary, the 
Regulatory Flexibility Act does not apply to this final rule.

Paperwork Reduction Act Analysis

    There is no collection of information required by this interim 
final rule that would be subject to the Paperwork Reduction Act of 
1995, 44 U.S.C. 3501 et seq.

Plain Language

    Section 722 of the Gramm-Leach-Bliley Act requires each federal 
banking agency to use plain language in all rules published after 
January 1, 2000. In light of this requirement, the Board believes this 
interim rule is presented in a simple and straightforward manner and is 
consistent with this ``plain language'' directive.

List of Subjects in 12 CFR Part 261

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

    For the reasons set forth in the SUPPLEMENTARY INFORMATION, the 
Board of Governors of the Federal Reserve System amends 12 CFR chapter 
II as follows:

PART 261--RULES REGARDING AVAILABILITY OF INFORMATION

0
1. The authority citation for part 261 continues to read as follows:

    Authority:  5 U.S.C. 552; 12 U.S.C. 248(i) and (k), 321 et seq., 
611 et seq., 1442, 1467a, 1817(a)(2)(A), 1817(a)(8), 1818(u) and 
(v), 1821(o), 1821(t), 1830, 1844, 1951 et seq., 2601, 2801 et seq., 
2901 et seq., 3101 et seq., 3401 et seq.; 15 U.S.C. 77uuu(b), 
78q(c)(3); 29 U.S.C. 1204; 31 U.S.C. 5301 et seq.; 42 U.S.C. 3601; 
44 U.S.C. 3510.


0
2. In Sec.  261.10 paragraphs (e) and (f) are revised to read as 
follows:


Sec.  261.10   Published information.

* * * * *
    (e) Index to Board actions. The Board's Freedom of Information 
Office maintains, in electronic format, an index to Board actions, 
which is updated weekly and provides identifying information about any 
matters issued, adopted, and promulgated by the Board since July 4, 
1967. Copies of the index may be obtained upon request to the Freedom 
of Information Office subject to the current schedule of fees in Sec.  
261.17.
    (f) Obtaining Board publications. The Publications Services Section 
maintains a list of Board publications that are available to the 
public. In addition, a partial list of publications is published in the 
Federal Reserve Bulletin. All publications issued by the Board, 
including available back issues, may be obtained from Publications 
Services, Board of Governors of the Federal Reserve System, 20th Street 
and Constitution Avenue NW., Washington, DC 20551. Subscription or 
other charges may apply to some publications.

0
3. In Sec.  261.11, the section heading and paragraphs (a) introductory 
text, (a)(4), (b)(1) and (c) are revised, to read as follows:


Sec.  261.11  Records available for public inspection.

    (a) Types of records made available. Unless they were published 
promptly and made available for sale or without charge, the following 
records shall be made available for inspection in an electronic format:
* * * * *
    (4) Copies of all records, regardless of form or format--
    (i) That have been released to any person under Sec.  261.12; and
    (ii)(A) That because of the nature of their subject matter, the 
Board determines have become or are likely to become the subject of 
subsequent requests for substantially the same records; or
    (B) That have been requested three or more times;
* * * * *
    (b)(1) Information available under this section is available for 
inspection and copying, from 9:00 a.m. to 5:00 p.m. weekdays, at the 
Freedom of Information Office of the Board of Governors of the Federal 
Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 
20551.
* * * * *
    (c) Privacy protection. The Board may delete identifying details 
from any record to prevent a clearly unwarranted invasion of personal 
privacy.

0
4. In Sec.  261.12, paragraph (b)(2) is revised to read as follows:


Sec.  261.12  Records available to public upon request.

* * * * *
    (b) * * *
    (2) The request shall be submitted in writing to the Freedom of 
Information Office, Board of Governors of the Federal Reserve System, 
20th & C Street NW., Washington, DC 20551; or sent by facsimile to the 
Freedom of Information Office, (202) 872-7565; or submitted 
electronically to http://www.federalreserve.gov/forms/efoiaform.aspx. 
The request shall be clearly marked FREEDOM OF INFORMATION ACT REQUEST.
* * * * *

0
5. In Sec.  261.13, paragraphs (e)(3), (f)(4), (f)(5), (i) introductory 
text, (i)(1), and (i)(3) are revised to read as follows:


Sec.  261.13  Processing requests.

* * * * *
    (e) * * *
    (3) In unusual circumstances, as defined in 5 U.S.C. 552(a)(6)(B), 
the Board may:

[[Page 94934]]

    (i) Extend the 20-day time limit for a period of time not to exceed 
10 working days, where the Board has provided written notice to the 
requester setting forth the reasons for the extension and the date on 
which a determination is expected to be dispatched; and
    (ii) Extend the 20-day time limit for a period of more than 10 
working days where the Board has provided the requester with an 
opportunity to modify the scope of the FOIA request so that it can be 
processed within that time frame or with an opportunity to arrange an 
alternative time frame for processing the original request or a 
modified request, and has notified the requester that the Board's FOIA 
Public Liaison is available to assist the requester for this purpose 
and in the resolution of any disputes between the requester and the 
Board and of the requester's right to seek dispute resolution services 
from the Office of Government Information Services.
    (f) * * *
    (4) The right of the requester to seek assistance from the Board's 
FOIA Public Liaison; and
    (5) When an adverse determination is made (including determinations 
that the requested record is exempt, in whole or in part; the request 
does not reasonably describe the records sought; the information 
requested is not a record subject to the FOIA; the requested record 
does not exist, cannot be located, or has been destroyed; the requested 
record is not readily reproducible in the form or format sought by the 
requester; deny fee waiver requests or other fee categorization 
matters; and deny requests for expedited processing), the Secretary 
will advise the requester in writing of that determination and will 
further advise the requester of:
    (i) The right of the requester to appeal to the Board any adverse 
determination within 90 days after the date of the determination as 
specified in paragraph (i) of this section;
    (ii) The right of the requester to seek dispute resolution services 
from the Board's FOIA Public Liaison or the Office of Government 
Information Services; and
    (iii) The name and title or position of the person responsible for 
the adverse determination.
* * * * *
    (i) Appeal of an adverse determination. In the case of an adverse 
determination, the requester may file a written appeal with the Board, 
as follows:
    (1) The appeal shall prominently display the phrase FREEDOM OF 
INFORMATION ACT APPEAL on the first page, and shall be addressed to the 
Freedom of Information Office, Board of Governors of the Federal 
Reserve System, 20th & C Streets NW., Washington, DC 20551; or sent by 
facsimile to the Freedom of Information Office, (202) 872-7562 or 7565; 
or sent by email to [email protected].
* * * * *
    (3) The appeal shall be filed within 90 days of the date on which 
the adverse determination was issued, or the date on which documents in 
partial response to the request were transmitted to the requester, 
whichever is later. The Board may consider an untimely appeal if:
* * * * *

0
6. In Sec.  261.14, paragraph (a) introductory text is revised to read 
as follows:


Sec.  261.14   Exemptions from disclosure.

    (a) Types of records exempt from disclosure. Pursuant to 5 U.S.C. 
552(b), the following records of the Board are exempt from disclosure 
under this part. The Board shall withhold records or information only 
when it reasonably foresees that disclosure would harm an interest 
protected by an exemption described in this paragraph 261.14(a) or when 
disclosure is prohibited by law. In applying the exemption in 
subparagraph (a)(5) of this section, the Board will not withhold 
records based on the deliberative process privilege if the records were 
created 25 years or more before the date on which the records were 
requested.
* * * * *

0
7. In Sec.  261.17, paragraph (i) is added to read as follows:


Sec.  261.17  Fee schedules; waiver of fees.

* * * * *
    (i) Restrictions on charging fees. (1) If the Board fails to comply 
with the FOIA's time limits in which to respond to a request, the Board 
may not charge search fees, or, in the instances of requests from 
requesters described in paragraph (c)(2) of this section, may not 
charge duplication fees, except as permitted under paragraphs (i)(2) 
through (4) of this section.
    (2) If the Board determines that unusual circumstances exist, as 
described in 5 U.S.C. 552(a)(6)(B), and has provided timely written 
notice to the requester and subsequently responds within the additional 
10 working days as provided in Sec.  261.13(e)(3), the Board may charge 
search fees, or, in the case of requests from requesters described in 
paragraph (c)(2) of this section, may charge duplication fees.
    (3) If the Board determines that unusual circumstances exist, as 
described in 5 U.S.C. 552(a)(6)(B), and more than 5,000 pages are 
necessary to respond to the request, then the Board may charge search 
fees, or, in the case of requesters described in paragraph (c)(2) of 
this section, may charge duplication fees, if the Board has:
    (i) Provided timely written notice to the requester in accordance 
with the FOIA; and
    (ii) 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).
    (4) If a court has determined that exceptional circumstances exist, 
as defined by the FOIA, a failure to comply with the time limits shall 
be excused for the length of time provided by the court order.

    By order of the Board of Governors of the Federal Reserve 
System, December 15, 2016.
Robert deV. Frierson,
Secretary of the Board.
[FR Doc. 2016-30670 Filed 12-23-16; 8:45 am]
 BILLING CODE P



                                                  94932            Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations

                                                  commercial or financial information                       • Mail: Robert deV. Frierson,                        Publications Services because it is no
                                                  that is either proprietary or confidential              Secretary, Board of Governors of the                   longer accurate.
                                                  in nature, the covered depository                       Federal Reserve System, 20th Street and                   Section 261.11—Records available for
                                                  institution holding company or covered                  Constitution Avenue NW., Washington,                   public inspection. We are amending this
                                                  nonbank company is not required to                      DC 20551.                                              section, including its heading, to clarify
                                                  include those specific items in its                       All public comments will be made                     when and how the Board’s records will
                                                  qualitative discussion, but must provide                available on the Board’s Web site at                   be available for public inspection.
                                                  more general information about the                      http://www.federalreserve.gov/                         Specifically, we are removing references
                                                  items that had a significant effect on its              generalinfo/foia/ProposedRegs.cfm as                   to ‘‘copying’’ and adding in the text of
                                                  liquidity coverage ratio, together with                 submitted, unless modified for technical               the rule that records will be available
                                                  the fact that, and the reason why, more                 reasons. Accordingly, your comments                    ‘‘in an electronic format’’ to reflect the
                                                  specific information was not discussed.                 will not be edited to remove any                       Improvement Act’s change.2 We are also
                                                                                                          identifying or contact information.                    removing outdated information about
                                                    By order of the Board of Governors of the
                                                  Federal Reserve System, December 19, 2016.
                                                                                                          Public comments may also be viewed                     records created after 1996 and incorrect
                                                                                                          electronically or in paper form in Room                information about procedures for
                                                  Robert deV. Frierson,
                                                                                                          3515, 1801 K Street (between 18th and                  obtaining certain reporting forms from
                                                  Secretary of the Board.                                 19th Streets NW.), Washington, DC                      the National Technical Information
                                                  [FR Doc. 2016–30859 Filed 12–23–16; 8:45 am]            20006, between 9:00 a.m. and 5:00 p.m.                 Service. As required by the
                                                  BILLING CODE P                                          on weekdays.                                           Improvement Act, this section will now
                                                                                                          FOR FURTHER INFORMATION CONTACT:                       also provide that the Board will make
                                                                                                            Board: Katherine Wheatley, Associate                 available for public inspection records
                                                  FEDERAL RESERVE SYSTEM                                  General Counsel, (202) 452–3779; or                    that have been released under section
                                                                                                          Misty Mirpuri, Senior Attorney, (202)                  261.12 and have been requested three or
                                                  12 CFR Part 261
                                                                                                          452–2597; Board of Governors of the                    more times.
                                                  [Docket No. R–1556]                                     Federal Reserve System, 20th and C                        Section 261.12—Records available to
                                                                                                          Streets NW., Washington, DC 20551.                     public upon request. We are amending
                                                  RIN 7100 AE 65                                                                                                 this section to remove one of the Board’s
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 FOI Office’s incorrect facsimile number
                                                  Rules Regarding Availability of                         I. Background                                          and adding the Board’s Web site address
                                                  Information
                                                                                                             This interim rule reflects changes to               for individuals to submit FOIA requests
                                                  AGENCIES:  Board of Governors of the                    the Board’s Rules Regarding Availability               to the Board online.
                                                  Federal Reserve System (‘‘Board’’).                     of Information (‘‘Board’s Rules’’)                        Section 261.13—Processing requests.
                                                  ACTION: Interim final rule.                             required by the FOIA Improvement Act                   We are amending this section to
                                                                                                          of 2016 (the ‘‘Improvement Act’’).1 The                describe the process for the Board to
                                                  SUMMARY:    The Board is adopting, and                  Improvement Act addresses a range of                   extend its time for response in unusual
                                                  inviting comment on, an interim final                   procedural issues, including                           circumstances. We are also adding
                                                  rule to amend its regulations for                       requirements that agencies establish a                 language reflecting that all responses to
                                                  processing requests under the Freedom                   minimum of 90 days for requesters to                   FOIA requests will advise the requester
                                                  of Information Act (‘‘FOIA’’) pursuant to               file an administrative appeal and that                 of his or her right to seek assistance
                                                  the FOIA Improvement Act of 2016 (the                   they provide dispute resolution services               from the Board’s FOIA Public Liaison.
                                                  ‘‘Act’’). The amendments clarify and                    at various times throughout the FOIA                   In keeping with the language of FOIA,
                                                  update procedures for requesting                        process. Accordingly, the Board is                     the new language refers to ‘‘adverse
                                                  information from the Board, extend the                  adopting this interim final rule to                    determinations’’ rather than ‘‘denials.’’
                                                  deadline for administrative appeals, and                comply with the statutory requirements                 The new language describes adverse
                                                  add information on dispute resolution                   of the Improvement Act.                                determinations that may be appealed,
                                                  services.                                                                                                      and extends the time for appeal from 10
                                                                                                          II. Description of the Final Rule                      days to 90 days in accordance with the
                                                  DATES:  This interim final rule is                         This interim final rule makes                       Improvement Act. The revised language
                                                  effective December 27, 2016. Comments                   conforming amendments throughout                       also provides that when making an
                                                  should be received on or before                         part 261 of the Board’s Rules to adopt                 adverse determination, the Board will
                                                  February 27, 2017.                                      the statutory exemptions and exceptions                advise the requester of the right to seek
                                                  ADDRESSES: You may submit comments,                     required by the Improvement Act. It also               dispute resolution services from the
                                                  identified by Docket No. R–1556 and                     explains general policies and                          Board’s FOIA Public Liaison or from the
                                                  RIN No. 7100 AE–65, by any of the                       procedures for requesters seeking access               Office of Government Information
                                                  following methods:                                      to records and for processing requests                 Services. We are also adding an email
                                                     • Agency Web site: http://                           by the Board’s Freedom of Information                  address for requesters to submit an
                                                  www.federalreserve.gov. Follow the                      Office.                                                appeal to the Board.
                                                  instructions for submitting comments at                    Section 261.10—Published                               Section 261.14—Exemptions from
                                                  http://www.federalreserve.gov/                          information. The Improvement Act                       disclosure. We are adding language to
                                                  generalinfo/foia/ProposedRegs.cfm.                      requires agencies to make certain                      state that the Board will not withhold
                                                     • Federal eRulemaking Portal: http://                records available in an electronic                     records based on the deliberative
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  www.regulations.gov. Follow the                         format. Thus, we are amending this                     process privilege if the records were
                                                  instructions for submitting comments.                   section to include language that the                   created 25 years or more before the date
                                                     • Email: regs.comments@                              Index to Board Actions will be                         on which the records were requested,
                                                  federalreserve.gov. Include the docket                  maintained in an electronic format. In                 and that the Board will withhold
                                                  number in the subject line of the                       addition, we are removing the reference                records only when it reasonably foresees
                                                  message.                                                to the pedestrian entrance for                         that disclosure would harm an interest
                                                     • Fax: (202) 452–3819 or (202) 452–
                                                  3102.                                                     1 Public   Law 114–185, 130 Stat. 538 (2016).          25   U.S.C. 552(a)(2).



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                                                                   Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations                                         94933

                                                  protected by an exemption described in                  Plain Language                                        (b)(1) and (c) are revised, to read as
                                                  the section, as required by the                            Section 722 of the Gramm-Leach-                    follows:
                                                  Improvement Act.                                        Bliley Act requires each federal banking
                                                    Section 261.17—Fee schedules;                                                                               § 261.11 Records available for public
                                                                                                          agency to use plain language in all rules             inspection.
                                                  waiver of fees. We are amending this                    published after January 1, 2000. In light
                                                  section to provide restrictions on the                                                                          (a) Types of records made available.
                                                                                                          of this requirement, the Board believes               Unless they were published promptly
                                                  Board’s ability to charge fees as required              this interim rule is presented in a
                                                  by the Improvement Act.                                                                                       and made available for sale or without
                                                                                                          simple and straightforward manner and                 charge, the following records shall be
                                                    The Board notes that the                              is consistent with this ‘‘plain language’’
                                                  Improvement Act provides federal                                                                              made available for inspection in an
                                                                                                          directive.                                            electronic format:
                                                  agencies with no discretion in the
                                                  implementation of the rule, and requires                List of Subjects in 12 CFR Part 261                   *      *    *     *     *
                                                  that conforming amendments to agency-                     Administrative practice and                           (4) Copies of all records, regardless of
                                                  specific rules become effective within                  procedure, Confidential business                      form or format—
                                                  180 days of the Act’s enactment.                        information, Freedom of information,                    (i) That have been released to any
                                                  Accordingly, this interim rule is final                 Reporting and recordkeeping                           person under § 261.12; and
                                                  and effective on December 27, 2016. The                 requirements.                                           (ii)(A) That because of the nature of
                                                  Board is providing an opportunity for                     For the reasons set forth in the                    their subject matter, the Board
                                                  comment and will address any                            SUPPLEMENTARY INFORMATION, the Board                  determines have become or are likely to
                                                  comments received in a subsequent                       of Governors of the Federal Reserve                   become the subject of subsequent
                                                  rulemaking.                                             System amends 12 CFR chapter II as                    requests for substantially the same
                                                                                                          follows:                                              records; or
                                                  III. Administrative Law Matters                                                                                 (B) That have been requested three or
                                                  Administrative Procedure Act                            PART 261—RULES REGARDING                              more times;
                                                                                                          AVAILABILITY OF INFORMATION                           *      *    *     *     *
                                                     This rule is not subject to the
                                                  provisions of the Administrative                                                                                (b)(1) Information available under this
                                                                                                          ■ 1. The authority citation for part 261              section is available for inspection and
                                                  Procedure Act (‘‘APA’’), 5 U.S.C. 553,                  continues to read as follows:
                                                  requiring notice, public participation,                                                                       copying, from 9:00 a.m. to 5:00 p.m.
                                                                                                            Authority: 5 U.S.C. 552; 12 U.S.C. 248(i)           weekdays, at the Freedom of
                                                  and deferred effective date. The FOIA                   and (k), 321 et seq., 611 et seq., 1442, 1467a,
                                                  Improvement Act of 2016 provides                                                                              Information Office of the Board of
                                                                                                          1817(a)(2)(A), 1817(a)(8), 1818(u) and (v),           Governors of the Federal Reserve
                                                  federal agencies with no discretion in                  1821(o), 1821(t), 1830, 1844, 1951 et seq.,
                                                  the implementation of the substantive                   2601, 2801 et seq., 2901 et seq., 3101 et seq.,       System, 20th Street and Constitution
                                                  amendments made in this rule, and it                    3401 et seq.; 15 U.S.C. 77uuu(b), 78q(c)(3); 29       Avenue NW., Washington, DC 20551.
                                                  also requires that conforming                           U.S.C. 1204; 31 U.S.C. 5301 et seq.; 42 U.S.C.        *      *    *     *     *
                                                  amendments to agency-specific rules                     3601; 44 U.S.C. 3510.                                   (c) Privacy protection. The Board may
                                                  become effective as of December 27,                     ■ 2. In § 261.10 paragraphs (e) and (f)               delete identifying details from any
                                                  2016. For these reasons, the Board finds                are revised to read as follows:                       record to prevent a clearly unwarranted
                                                  good cause to determine that public                                                                           invasion of personal privacy.
                                                  notice and comment for these                            § 261.10    Published information.                    ■ 4. In § 261.12, paragraph (b)(2) is
                                                  amendments is unnecessary,                              *      *     *     *     *                            revised to read as follows:
                                                  impracticable, or contrary to the public                   (e) Index to Board actions. The
                                                                                                          Board’s Freedom of Information Office                 § 261.12 Records available to public upon
                                                  interest, pursuant to the APA, 5 U.S.C.
                                                                                                          maintains, in electronic format, an                   request.
                                                  553(b)(B), and that good cause exists to
                                                  dispense with a deferred effective date                 index to Board actions, which is                      *      *      *    *     *
                                                  pursuant to 5 U.S.C. 553(d)(3). The                     updated weekly and provides                              (b) * * *
                                                  Board is providing, however, an                         identifying information about any                        (2) The request shall be submitted in
                                                  opportunity for comment and will                        matters issued, adopted, and                          writing to the Freedom of Information
                                                  address any comments received in the                    promulgated by the Board since July 4,                Office, Board of Governors of the
                                                  final rule that adopts the interim rule as              1967. Copies of the index may be                      Federal Reserve System, 20th & C Street
                                                  final.                                                  obtained upon request to the Freedom of               NW., Washington, DC 20551; or sent by
                                                                                                          Information Office subject to the current             facsimile to the Freedom of Information
                                                  Regulatory Flexibility Act                              schedule of fees in § 261.17.                         Office, (202) 872–7565; or submitted
                                                    The Regulatory Flexibility Act, 5                        (f) Obtaining Board publications. The              electronically to http://
                                                  U.S.C. 601 et seq., applies only to rules               Publications Services Section maintains               www.federalreserve.gov/forms/
                                                  for which an agency publishes a general                 a list of Board publications that are                 efoiaform.aspx. The request shall be
                                                  notice of proposed rulemaking. Because                  available to the public. In addition, a               clearly marked FREEDOM OF
                                                  the Board has determined for good                       partial list of publications is published             INFORMATION ACT REQUEST.
                                                  cause that a notice of proposed                         in the Federal Reserve Bulletin. All                  *      *      *    *     *
                                                  rulemaking for this rule is unnecessary,                publications issued by the Board,                     ■ 5. In § 261.13, paragraphs (e)(3), (f)(4),
                                                  the Regulatory Flexibility Act does not                 including available back issues, may be               (f)(5), (i) introductory text, (i)(1), and
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                                                  apply to this final rule.                               obtained from Publications Services,                  (i)(3) are revised to read as follows:
                                                                                                          Board of Governors of the Federal
                                                  Paperwork Reduction Act Analysis                        Reserve System, 20th Street and                       § 261.13   Processing requests.
                                                     There is no collection of information                Constitution Avenue NW., Washington,                  *     *    *     *    *
                                                  required by this interim final rule that                DC 20551. Subscription or other charges                 (e) * * *
                                                  would be subject to the Paperwork                       may apply to some publications.                         (3) In unusual circumstances, as
                                                  Reduction Act of 1995, 44 U.S.C. 3501                   ■ 3. In § 261.11, the section heading and             defined in 5 U.S.C. 552(a)(6)(B), the
                                                  et seq.                                                 paragraphs (a) introductory text, (a)(4),             Board may:


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                                                  94934            Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations

                                                     (i) Extend the 20-day time limit for a               first page, and shall be addressed to the                (3) If the Board determines that
                                                  period of time not to exceed 10 working                 Freedom of Information Office, Board of               unusual circumstances exist, as
                                                  days, where the Board has provided                      Governors of the Federal Reserve                      described in 5 U.S.C. 552(a)(6)(B), and
                                                  written notice to the requester setting                 System, 20th & C Streets NW.,                         more than 5,000 pages are necessary to
                                                  forth the reasons for the extension and                 Washington, DC 20551; or sent by                      respond to the request, then the Board
                                                  the date on which a determination is                    facsimile to the Freedom of Information               may charge search fees, or, in the case
                                                  expected to be dispatched; and                          Office, (202) 872–7562 or 7565; or sent               of requesters described in paragraph
                                                     (ii) Extend the 20-day time limit for a              by email to FOIA-Appeals@frb.gov.                     (c)(2) of this section, may charge
                                                  period of more than 10 working days                     *      *     *    *     *                             duplication fees, if the Board has:
                                                  where the Board has provided the                           (3) The appeal shall be filed within 90               (i) Provided timely written notice to
                                                  requester with an opportunity to modify                 days of the date on which the adverse                 the requester in accordance with the
                                                  the scope of the FOIA request so that it                determination was issued, or the date on              FOIA; and
                                                  can be processed within that time frame                 which documents in partial response to                   (ii) Discussed with the requester via
                                                  or with an opportunity to arrange an                    the request were transmitted to the                   written mail, email, or telephone (or
                                                  alternative time frame for processing the               requester, whichever is later. The Board              made not less than three good-faith
                                                  original request or a modified request,                 may consider an untimely appeal if:                   attempts to do so) how the requester
                                                  and has notified the requester that the                                                                       could effectively limit the scope of the
                                                                                                          *      *     *    *     *
                                                  Board’s FOIA Public Liaison is available                                                                      request in accordance with 5 U.S.C.
                                                  to assist the requester for this purpose                ■ 6. In § 261.14, paragraph (a)                       552(a)(6)(B)(ii).
                                                  and in the resolution of any disputes                   introductory text is revised to read as                  (4) If a court has determined that
                                                  between the requester and the Board                     follows:                                              exceptional circumstances exist, as
                                                  and of the requester’s right to seek                    § 261.14    Exemptions from disclosure.               defined by the FOIA, a failure to comply
                                                  dispute resolution services from the                                                                          with the time limits shall be excused for
                                                  Office of Government Information                           (a) Types of records exempt from                   the length of time provided by the court
                                                  Services.                                               disclosure. Pursuant to 5 U.S.C. 552(b),              order.
                                                     (f) * * *                                            the following records of the Board are
                                                                                                          exempt from disclosure under this part.                 By order of the Board of Governors of the
                                                     (4) The right of the requester to seek                                                                     Federal Reserve System, December 15, 2016.
                                                  assistance from the Board’s FOIA Public                 The Board shall withhold records or
                                                                                                          information only when it reasonably                   Robert deV. Frierson,
                                                  Liaison; and                                                                                                  Secretary of the Board.
                                                     (5) When an adverse determination is                 foresees that disclosure would harm an
                                                                                                          interest protected by an exemption                    [FR Doc. 2016–30670 Filed 12–23–16; 8:45 am]
                                                  made (including determinations that the
                                                  requested record is exempt, in whole or                 described in this paragraph 261.14(a) or              BILLING CODE P

                                                  in part; the request does not reasonably                when disclosure is prohibited by law. In
                                                  describe the records sought; the                        applying the exemption in subparagraph
                                                                                                          (a)(5) of this section, the Board will not            FEDERAL RESERVE SYSTEM
                                                  information requested is not a record
                                                  subject to the FOIA; the requested                      withhold records based on the
                                                                                                          deliberative process privilege if the                 12 CFR Part 271
                                                  record does not exist, cannot be located,
                                                  or has been destroyed; the requested                    records were created 25 years or more                 Rules Regarding Availability of
                                                  record is not readily reproducible in the               before the date on which the records                  Information
                                                  form or format sought by the requester;                 were requested.
                                                  deny fee waiver requests or other fee                   *      *     *     *     *                            AGENCY:  Federal Open Market
                                                  categorization matters; and deny                                                                              Committee, Federal Reserve System.
                                                                                                          ■ 7. In § 261.17, paragraph (i) is added
                                                  requests for expedited processing), the                 to read as follows:                                   ACTION: Interim final rule.
                                                  Secretary will advise the requester in
                                                  writing of that determination and will                  § 261.17    Fee schedules; waiver of fees.            SUMMARY:   The Federal Open Market
                                                  further advise the requester of:                        *      *      *    *     *                            Committee (Committee) invites
                                                     (i) The right of the requester to appeal                                                                   comments on this interim final rule
                                                                                                             (i) Restrictions on charging fees. (1) If
                                                  to the Board any adverse determination                                                                        amending its Rules Regarding
                                                                                                          the Board fails to comply with the
                                                  within 90 days after the date of the                                                                          Availability of Information (Rules).
                                                                                                          FOIA’s time limits in which to respond
                                                  determination as specified in paragraph                                                                       These revisions conform to recent
                                                                                                          to a request, the Board may not charge
                                                  (i) of this section;                                                                                          statutory amendments to the Freedom of
                                                                                                          search fees, or, in the instances of
                                                     (ii) The right of the requester to seek                                                                    Information Act (FOIA) made by the
                                                                                                          requests from requesters described in
                                                  dispute resolution services from the                                                                          FOIA Improvement Act of 2016 (FOIA
                                                                                                          paragraph (c)(2) of this section, may not
                                                  Board’s FOIA Public Liaison or the                                                                            Improvement Act), as well as other
                                                                                                          charge duplication fees, except as
                                                  Office of Government Information                                                                              technical changes intended to clarify
                                                                                                          permitted under paragraphs (i)(2)
                                                  Services; and                                                                                                 existing procedures for requesting
                                                                                                          through (4) of this section.
                                                     (iii) The name and title or position of                                                                    information and updating contact
                                                                                                             (2) If the Board determines that                   information.
                                                  the person responsible for the adverse                  unusual circumstances exist, as
                                                  determination.                                          described in 5 U.S.C. 552(a)(6)(B), and               DATES:  This interim final rule is
                                                  *       *    *     *     *                              has provided timely written notice to                 effective on December 27, 2016.
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                                                     (i) Appeal of an adverse                             the requester and subsequently                        Comments shall be received on or before
                                                  determination. In the case of an adverse                responds within the additional 10                     February 27, 2017.
                                                  determination, the requester may file a                 working days as provided in                           ADDRESSES: Interested persons are
                                                  written appeal with the Board, as                       § 261.13(e)(3), the Board may charge                  invited to submit comments regarding
                                                  follows:                                                search fees, or, in the case of requests              this interim final rule, identified by
                                                     (1) The appeal shall prominently                     from requesters described in paragraph                ‘‘Federal Reserve System: Federal Open
                                                  display the phrase FREEDOM OF                           (c)(2) of this section, may charge                    Market Committee 12 CR Part 271,’’ by
                                                  INFORMATION ACT APPEAL on the                           duplication fees.                                     any of the following methods:


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Document Created: 2018-02-14 09:13:49
Document Modified: 2018-02-14 09:13:49
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 27, 2016. Comments should be received on or before February 27, 2017.
ContactBoard: Katherine Wheatley, Associate General Counsel, (202) 452- 3779; or Misty Mirpuri, Senior Attorney, (202) 452-2597; Board of Governors of the Federal Reserve System, 20th and C Streets NW., Washington, DC 20551.
FR Citation81 FR 94932 
CFR AssociatedAdministrative Practice and Procedure; Confidential Business Information; Freedom of Information and Reporting and Recordkeeping Requirements

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