81 FR 94934 - Rules Regarding Availability of Information
FEDERAL RESERVE SYSTEM Federal Register Volume 81, Issue 248 (December 27, 2016)
Federal Register Volume 81, Issue 248 (December 27, 2016)
| Page Range | 94934-94937 | |
| FR Document | 2016-30674 |
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)] [Rules and Regulations] [Pages 94934-94937] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30674] ----------------------------------------------------------------------- FEDERAL RESERVE SYSTEM 12 CFR Part 271 Rules Regarding Availability of Information AGENCY: Federal Open Market Committee, Federal Reserve System. ACTION: Interim final rule. ----------------------------------------------------------------------- SUMMARY: The Federal Open Market Committee (Committee) invites comments on this interim final rule amending its Rules Regarding Availability of Information (Rules). These revisions conform to recent statutory amendments to the Freedom of Information Act (FOIA) made by the FOIA Improvement Act of 2016 (FOIA Improvement Act), as well as other technical changes intended to clarify existing procedures for requesting information and updating contact information. DATES: This interim final rule is effective on December 27, 2016. Comments shall be received on or before February 27, 2017. ADDRESSES: Interested persons are invited to submit comments regarding this interim final rule, identified by ``Federal Reserve System: Federal Open Market Committee 12 CR Part 271,'' by any of the following methods: [[Page 94935]]Electronic submission of comments: Interested persons may submit comments electronically through the Federal eRulemaking Portal at http://www.regulations.gov. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt, and enables the Committee to make them available to the public. Comments submitted electronically through the http://www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that site to submit comments electronically. Facsimile: (202) 452-2921. Mail: Mr. Brian Madigan, Secretary, Federal Open Market Committee, 20th Street and Constitution Avenue NW., Washington, DC 20551. Public Inspection of Comments: All public comments may be viewed electronically or in paper form at the Freedom of Information Office of the Board of Governors of the Federal Reserve System (Board) in Room 3515, at 1801 K Street NW., (between 18th and 19th Streets) Washington, DC 20006, between 9:00 a.m. and 5:00 p.m. on weekdays. For security reasons, the Board requires that visitors make an appointment to inspect comments. You may do so by calling (202) 452-3684. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. Please be advised that your comments are part of the public record and will not be edited to remove any identifying or contact information. FOR FURTHER INFORMATION CONTACT: Matthew M. Luecke, Deputy Secretary, (202) 452-2576, Federal Open Market Committee, 20th Street and Constitution Avenue NW., Washington, DC 20551; or Amory Goldberg, Counsel, (202) 452-3124, Legal Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551. Users of Telecommunications Device for Deaf (TDD) only, please call (202) 263-4869. SUPPLEMENTARY INFORMATION: I. Background On June 30, 2016, the Freedom of Information Act \1\ (FOIA) was amended by the FOIA Improvement Act of 2016 \2\ (FOIA Improvement Act). Among other things, section 3 of the FOIA Improvement Act requires each federal agency to revise its disclosure regulations and procedures for processing FOIA requests in order to conform to the substantive amendments made by section 2 of the FOIA Improvement Act by December 27, 2016. As it pertains to the Committee's Rules Regarding Availability of Information (Rules), the Committee is required to make a number of changes to comply with the FOIA Improvement Act's amendments. In addition, the Committee is making certain technical changes to the Rules to make the FOIA process easier for the public to navigate, to make certain provisions clearer (removing obsolete language), and inform the public of additional electronic methods for submitting FOIA requests and administrative appeals. In drafting the amendments to the Rules, the Committee consulted the ``Guidance for Agency FOIA Regulations'' issued by the U.S. Department of Justice's Office for Information Policy. The following is a section-by-section discussion of the changes. --------------------------------------------------------------------------- \1\ 5 U.S.C. 552. \2\ Public Law 114-185, 130 Stat. 538 (June 30, 2016). --------------------------------------------------------------------------- II. Description of the Interim Final Rule This interim final rule amends the Committee's Rules, as described below. Section 271.3--Published Information The Committee has made a technical change to section 271.3(c) of its Rules to delete certain outdated information about publishing Committee information in the Federal Reserve Bulletin and to clarify that members of the public no longer need to contact the Publications Services section of the Federal Reserve Board (Board) to obtain certain information, because such information is already made publicly available on the Web sites of the Board or Federal Reserve Banks. Section 271.4--Records Available for Public Inspection As required by the FOIA Improvement Act, the Committee is revising this section to clarify that the Committee's records, which are available for public inspection pursuant to 5 U.S.C. 552(a)(2), specifically include records requested three or more times, and that such records will be made available in electronic format. Thus, the Committee is revising section 271.4(a) and (b) of its Rules to specifically reference the availability of records described in 5 U.S.C. 552(a)(2) for public inspection in electronic format. The Committee also is adding language to paragraph (b)(1) of section 271.4 to direct members of the public to the Web site of the Committee's electronic reading room. Additionally, in paragraph (b)(1) of section 271.4, the Committee updated information on how to obtain access to the Committee's reading room at the Board's Freedom of Information Office to reflect updated security procedures and because the Board's Freedom of Information Office has moved from the location at 20th Street and Constitution Avenue NW. Lastly, because all the records described in 5 U.S.C. 552(a)(2) are now required to be made available in electronic format, which necessarily would also include records created on or after 1996, the Committee removed and reserved paragraph (c) of section 271.4. Section 271.5--Records Available to the Public on Request The Committee is adding language to section 271.5 of its Rules to inform members of the public that they have the option to electronically submit FOIA requests using the Committee's online FOIA request form. Section 271.6--Processing Requests The Committee is making a technical correction to paragraph (c)(2) of section 271.6 of its Rules, to remove the reference to paragraph (i) and replace it with paragraph (h). The FOIA, as revised by the FOIA Improvement Act, requires that, whenever an agency extends the 20-day time limit to respond to a FOIA request by more than ten working days due to ``unusual circumstances,'' then the agency must provide the requester with an opportunity to limit the request's scope and must notify the requester of the availability of dispute resolution services from the FOIA Public Liaison and the Office of Government Information Services (OGIS). Accordingly, the revisions to paragraph (d) of section 271.6 reflect these statutory requirements. The Committee's amendments to paragraph (e) of section 271.6 conform to the amendments of the FOIA Improvement Act, which require that all determination letters advise requesters of the right to seek assistance from the Committee's FOIA Public Liaison and, in the case of an adverse determination, that requesters be informed of the right to seek dispute resolution services from the Committee's FOIA Public Liaison or OGIS. In order to mirror the more expansive language of the FOIA and to reflect the Committee's current practice, the Committee also has made technical edits to paragraphs (e) and (h) of section 271.6 to clarify that a requester has the right to administratively appeal any ``adverse determination'' by the Secretary of the Committee (not just to [[Page 94936]] appeal denials or partial denials of requests for records). The new language in paragraph (e) provides examples of the adverse determinations that may be appealed. In paragraph (h) of section 271.6, the Committee is adding language to inform members of the public that they also have the option to submit administrative appeals via email to the Secretary of the Committee and providing the email address to use for such administrative appeals. Lastly, in paragraph (g) of section 271.6, the Committee has added language providing that a requester also may be sent copies of requested records in electronic format to the requester's email address. This technical change clarifies that requesters are not limited to receiving records by U.S. postal mail. Section 271.9--Fee Schedules; Waiver of Fees The FOIA Improvement Act restricts an agency's ability to charge search or duplication fees in certain circumstances. The Committee has added paragraph (i) to section 271.9 to reflect the statutory restrictions on charging fees. III. Request for Comments The Committee invites comment on all aspects of the interim final rule. IV. Administrative Law Matters A. Administrative Procedure Act Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), notice and comment are not required prior to the issuance of a final rule if an agency, for good cause, finds that ``notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.'' As discussed above, this interim final rule implements the substantive amendments made by the FOIA Improvement Act. Congress provided federal agencies with no discretion in amending their disclosure rules to comply with the statutory amendments made to the FOIA, and required that such conforming amendments become effective by December 27, 2016. Given that the substantive amendments to the Committee's Rules are mandated by the FOIA Improvement Act, and that the other amendments made to the Committee's Rules are technical in nature, the Committee for good cause finds that prior notice and comment on this rulemaking is impracticable, unnecessary, or contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B). For these same reasons, the Committee finds good cause to dispense with the delayed effective date otherwise required by 5 U.S.C. 553(d)(3). While the interim final rule is effective immediately upon publication, the Committee is inviting public comment on the interim final rule during a 60-day period and will consider all comments in developing a final rule. B. 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 Committee 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. 5 U.S.C. 601(2). List of Subjects in 12 CFR Part 271 Federal Open Market Committee, Freedom of Information. Authority and Issuance For the reasons set forth in the SUPPLEMENTARY INFORMATION, the Federal Open Market Committee amends part 271 to 12 CFR chapter II to read as follows: PART 271--RULES REGARDING AVAILABILITY OF INFORMATION 0 1. The authority citation for part 271 continues to read as follows: Authority: 5 U.S.C. 552; 12 U.S.C. 263. 0 2. Section 271.3 (c) is revised to read as follows: Sec. 271.3 Published information. * * * * * (c) Other published information. Other information relating to the Committee, including its open market operations, is made publicly available on the Web sites of the Board and the Federal Reserve Banks. 0 3. In Sec. 271.4, revise the section heading and paragraphs (a) and (b), and remove and reserve paragraph (c) to read as follows: Sec. 271.4 Records available for public inspection. (a) Types of records made available. Unless they were published promptly and made available for sale or without charge, records described in 5 U.S.C. 552(a)(2) shall be made available for inspection in an electronic format by the Committee. (b) Reading room procedures. (1) Information described in 5 U.S.C. 552(a)(2), such as statements of policy and records requested three or more times under Sec. 271.5, is made available for public inspection in the Committee's electronic reading room at https://www.federalreserve.gov/foia/fomc/readingrooms.htm#rr1, in its conventional reading room located in the Freedom of Information Office of the Board of Governors of the Federal Reserve System, or both. For security reasons, the Board requires that visitors make an appointment to inspect documents. You may do so by calling the Board's Freedom of Information Office at (202) 452-3684. (2) The Committee may determine that certain classes of publicly available filings shall be made available for inspection in electronic format only by the Federal Reserve Bank where those records are maintained. (c) [Reserved] * * * * * 0 4. In Sec. 271.5, revise paragraph (b)(2) to read as follows: Sec. 271.5 Records available to the public on request. * * * * * (b) * * * (2) The request shall be submitted in writing to the Secretary of the Committee, Federal Open Market Committee, 20th & C Streets NW., Washington, DC 20551; or sent by facsimile to the Secretary of the Committee, (202) 452-2921; or sent electronically using the online request form located at www.federalreserve.gov/forms/FOMCForm.aspx. The request shall be clearly marked FREEDOM OF INFORMATION ACT REQUEST. * * * * * 0 5. In Sec. 271.6, revise paragraphs (c)(2), (d)(3), (e)(4), (e)(5), (g)(1), introductory text to paragraph (h), and (h)(1) to read as follows: Sec. 271.6 Processing requests. * * * * * (c) * * * (2) In response to a request for expedited processing, the Secretary of the Committee shall notify a requester of the determination within ten working days of receipt of the request. In exceptional situations, the Secretary of the Committee has the discretion to waive the formality of certification. If the Secretary of the Committee denies a request for expedited processing, the requester may file an appeal pursuant to the procedures set forth in paragraph (h) of this section, and the Committee shall respond to the appeal within ten working days after the appeal was received by the Committee. (d) * * * (3) In unusual circumstances, as defined in 5 U.S.C. 552(a)(6)(B), the Committee may: (i) Extend the 20-day time limit for a period of time not to exceed 10 working [[Page 94937]] days, where the Committee 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 Committee has provided the requester with an opportunity to limit the scope of the request so that it may 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 Committee'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 Committee and of the requester's right to seek dispute resolution services from the Office of Government Information Services. (e) * * * (4) The right of the requester to seek assistance from the Committee'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; to deny a fee waiver request or other fee categorization matter; and to deny a request for expedited processing), the Secretary will advise the requester in writing of that determination and will further advise the requester of: (i) The right to appeal to the Committee any adverse determination, as specified in paragraph (h) of this section; (ii) The right to seek dispute resolution services from the Committee's FOIA Public Liaison or from the Office of Government Information Services; and (iii) The name and title or position of the person responsible for the adverse determination. * * * * * (g) Providing responsive records. (1) Copies of requested records shall be sent to the requester by regular U.S. mail to the address indicated in the request, or sent in electronic format to the email address indicated in the request, unless the requester elects to take delivery of the documents at the Board's Freedom of Information Office or makes other acceptable arrangements, or the Committee deems it appropriate to send the documents by another means. * * * * * (h) Appeal of an adverse determination. A requester may appeal an adverse determination by filing a written appeal with the Committee, 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 Secretary of the Committee, Federal Open Market Committee, 20th and C Streets NW., Washington, DC 20551; or sent by facsimile to the Secretary of the Committee, (202) 452-2921; or sent by email to the Secretary of the Committee at [email protected]. * * * * * 0 6. In Sec. 271.7, revise paragraph (a) to read as follows: Sec. 271.7 Exemptions from disclosure. (a) Types of records exempt from disclosure. Pursuant to 5 U.S.C. 552(b), the following records of the Committee are exempt from disclosure under this part. The Committee will withhold records or information only when it reasonably foresees that disclosure would harm an interest protected by an exemption described in 5 U.S.C. 552(b) and in this paragraph (a), or when disclosure is prohibited by law. In applying the exemption in paragraph (a)(5) of this section, the Committee 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. 271.9, add paragraph (i) to read as follows: Sec. 271.9 Fee schedules; waiver of fees. * * * * * (i) Restrictions on charging fees. (1) If the Committee fails to comply with the time limits specified in the FOIA in which to respond to a request, the Committee will not charge search fees, or, in the case of requests from requesters described in paragraph (c)(2) of this section, will not charge duplication fees, except as permitted under paragraphs (i)(2) through (i)(4) of this section. (2) If the Committee has determined 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 days provided in Sec. 271.6(d)(3), the Board may charge search fees, or in the case of requesters described in paragraph (c)(2) of this section, may charge duplication fees. (3) If the Committee has determined 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, the Committee may charge search fees, or, in the case of requesters described in paragraph (c)(2) of this section, may charge duplication fees, if the Committee has: (i) Provided timely written notice of unusual circumstances 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 Federal Open Market Committee, December 13, 2016. Brian Madigan, Secretary, Federal Open Market Committee. [FR Doc. 2016-30674 Filed 12-23-16; 8:45 am] BILLING CODE P
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(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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appeal denials or partial denials of otherwise required by 5 U.S.C. www.federalreserve.gov/foia/fomc/
requests for records). The new language 553(d)(3). While the interim final rule is readingrooms.htm#rr1, in its
in paragraph (e) provides examples of effective immediately upon publication, conventional reading room located in
the adverse determinations that may be the Committee is inviting public the Freedom of Information Office of the
appealed. In paragraph (h) of section comment on the interim final rule Board of Governors of the Federal
271.6, the Committee is adding language during a 60-day period and will Reserve System, or both. For security
to inform members of the public that consider all comments in developing a reasons, the Board requires that visitors
they also have the option to submit final rule. make an appointment to inspect
administrative appeals via email to the documents. You may do so by calling
B. Regulatory Flexibility Act the Board’s Freedom of Information
Secretary of the Committee and
providing the email address to use for The Regulatory Flexibility Act, 5 Office at (202) 452–3684.
such administrative appeals. U.S.C. 601 et seq., applies only to rules (2) The Committee may determine
Lastly, in paragraph (g) of section for which an agency publishes a general that certain classes of publicly available
271.6, the Committee has added notice of proposed rulemaking. Because filings shall be made available for
language providing that a requester also the Committee has determined for good inspection in electronic format only by
may be sent copies of requested records cause that a notice of proposed the Federal Reserve Bank where those
in electronic format to the requester’s rulemaking for this rule is unnecessary, records are maintained.
email address. This technical change the Regulatory Flexibility Act does not (c) [Reserved]
clarifies that requesters are not limited apply to this final rule. 5 U.S.C. 601(2). * * * * *
to receiving records by U.S. postal mail. List of Subjects in 12 CFR Part 271 ■ 4. In § 271.5, revise paragraph (b)(2) to
read as follows:
Section 271.9—Fee Schedules; Waiver Federal Open Market Committee,
of Fees Freedom of Information. § 271.5 Records available to the public on
The FOIA Improvement Act restricts request.
Authority and Issuance
an agency’s ability to charge search or * * * * *
duplication fees in certain For the reasons set forth in the (b) * * *
SUPPLEMENTARY INFORMATION, the (2) The request shall be submitted in
circumstances. The Committee has
added paragraph (i) to section 271.9 to Federal Open Market Committee writing to the Secretary of the
reflect the statutory restrictions on amends part 271 to 12 CFR chapter II to Committee, Federal Open Market
charging fees. read as follows: Committee, 20th & C Streets NW.,
Washington, DC 20551; or sent by
III. Request for Comments PART 271—RULES REGARDING facsimile to the Secretary of the
AVAILABILITY OF INFORMATION Committee, (202) 452–2921; or sent
The Committee invites comment on
all aspects of the interim final rule. electronically using the online request
■ 1. The authority citation for part 271
form located at www.federalreserve.gov/
IV. Administrative Law Matters continues to read as follows:
forms/FOMCForm.aspx. The request
Authority: 5 U.S.C. 552; 12 U.S.C. 263. shall be clearly marked FREEDOM OF
A. Administrative Procedure Act
■ 2. Section 271.3 (c) is revised to read INFORMATION ACT REQUEST.
Pursuant to the Administrative
as follows: * * * * *
Procedure Act, 5 U.S.C. 553(b)(3)(B),
■ 5. In § 271.6, revise paragraphs (c)(2),
notice and comment are not required § 271.3 Published information.
prior to the issuance of a final rule if an (d)(3), (e)(4), (e)(5), (g)(1), introductory
* * * * * text to paragraph (h), and (h)(1) to read
agency, for good cause, finds that (c) Other published information.
‘‘notice and public procedure thereon as follows:
Other information relating to the
are impracticable, unnecessary, or Committee, including its open market § 271.6 Processing requests.
contrary to the public interest.’’ As operations, is made publicly available * * * * *
discussed above, this interim final rule on the Web sites of the Board and the (c) * * *
implements the substantive Federal Reserve Banks. (2) In response to a request for
amendments made by the FOIA ■ 3. In § 271.4, revise the section expedited processing, the Secretary of
Improvement Act. Congress provided heading and paragraphs (a) and (b), and the Committee shall notify a requester of
federal agencies with no discretion in remove and reserve paragraph (c) to the determination within ten working
amending their disclosure rules to read as follows: days of receipt of the request. In
comply with the statutory amendments exceptional situations, the Secretary of
made to the FOIA, and required that § 271.4 Records available for public the Committee has the discretion to
such conforming amendments become inspection. waive the formality of certification. If
effective by December 27, 2016. Given (a) Types of records made available. the Secretary of the Committee denies a
that the substantive amendments to the Unless they were published promptly request for expedited processing, the
Committee’s Rules are mandated by the and made available for sale or without requester may file an appeal pursuant to
FOIA Improvement Act, and that the charge, records described in 5 U.S.C. the procedures set forth in paragraph (h)
other amendments made to the 552(a)(2) shall be made available for of this section, and the Committee shall
Committee’s Rules are technical in inspection in an electronic format by the respond to the appeal within ten
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nature, the Committee for good cause Committee. working days after the appeal was
finds that prior notice and comment on (b) Reading room procedures. (1) received by the Committee.
this rulemaking is impracticable, Information described in 5 U.S.C. (d) * * *
unnecessary, or contrary to the public 552(a)(2), such as statements of policy (3) In unusual circumstances, as
interest pursuant to 5 U.S.C. and records requested three or more defined in 5 U.S.C. 552(a)(6)(B), the
553(b)(3)(B). For these same reasons, the times under § 271.5, is made available Committee may:
Committee finds good cause to dispense for public inspection in the Committee’s (i) Extend the 20-day time limit for a
with the delayed effective date electronic reading room at https:// period of time not to exceed 10 working
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![Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations 94937
days, where the Committee has Committee deems it appropriate to send of this section, may charge duplication
provided written notice to the requester, the documents by another means. fees.
setting forth the reasons for the * * * * * (3) If the Committee has determined
extension and the date on which a (h) Appeal of an adverse that unusual circumstances exist, as
determination is expected to be determination. A requester may appeal described in 5 U.S.C. 552(a)(6)(B), and
dispatched; and an adverse determination by filing a more than 5,000 pages are necessary to
(ii) Extend the 20-day time limit for a written appeal with the Committee, as respond to the request, the Committee
period of more than 10 working days follows: may charge search fees, or, in the case
where the Committee has provided the (1) The appeal shall prominently of requesters described in paragraph
requester with an opportunity to limit display the phrase FREEDOM OF (c)(2) of this section, may charge
the scope of the request so that it may INFORMATION ACT APPEAL on the duplication fees, if the Committee has:
be processed within that time frame or first page, and shall be addressed to the (i) Provided timely written notice of
with an opportunity to arrange an Secretary of the Committee, Federal unusual circumstances to the requester
alternative time frame for processing the Open Market Committee, 20th and C in accordance with the FOIA; and
original request or a modified request, Streets NW., Washington, DC 20551; or (ii) Discussed with the requester via
and has notified the requester that the sent by facsimile to the Secretary of the written mail, email, or telephone (or
Committee’s FOIA Public Liaison is Committee, (202) 452–2921; or sent by made not less than three good-faith
available to assist the requester for this email to the Secretary of the Committee attempts to do so) how the requester
purpose and in the resolution of any at FOMC-FOIA-Mailbox@frb.gov. could effectively limit the scope of the
disputes between the requester and the * * * * * request in accordance with 5 U.S.C.
Committee and of the requester’s right 552(a)(6)(B)(ii).
■ 6. In § 271.7, revise paragraph (a) to
to seek dispute resolution services from (4) If a court has determined that
read as follows: exceptional circumstances exist, as
the Office of Government Information
Services. § 271.7 Exemptions from disclosure. defined by the FOIA, a failure to comply
(e) * * * (a) Types of records exempt from with the time limits shall be excused for
(4) The right of the requester to seek disclosure. Pursuant to 5 U.S.C. 552(b), the length of time provided by the court
assistance from the Committee’s FOIA the following records of the Committee order.
Public Liaison; and are exempt from disclosure under this * * * * *
(5) When an adverse determination is part. The Committee will withhold By order of the Federal Open Market
made (including determinations that the records or information only when it Committee, December 13, 2016.
requested record is exempt, in whole or reasonably foresees that disclosure Brian Madigan,
in part; the request does not reasonably would harm an interest protected by an Secretary, Federal Open Market Committee.
describe the records sought; the exemption described in 5 U.S.C. 552(b) [FR Doc. 2016–30674 Filed 12–23–16; 8:45 am]
information requested is not a record and in this paragraph (a), or when
BILLING CODE P
subject to the FOIA; the requested disclosure is prohibited by law. In
record does not exist, cannot be located, applying the exemption in paragraph
or has been destroyed; the requested (a)(5) of this section, the Committee will
record is not readily reproducible in the not withhold records based on the FEDERAL FINANCIAL INSTITUTIONS
form or format sought by the requester; deliberative process privilege if the EXAMINATION COUNCIL
to deny a fee waiver request or other fee records were created 25 years or more 12 CFR Part 1101
categorization matter; and to deny a before the date on which the records
request for expedited processing), the were requested. [Docket No. FFIEC–2016–0004]
Secretary will advise the requester in * * * * *
writing of that determination and will Description of Office, Procedures, and
■ 7. In § 271.9, add paragraph (i) to read Public Information
further advise the requester of:
as follows:
(i) The right to appeal to the AGENCY: Federal Financial Institutions
Committee any adverse determination, § 271.9 Fee schedules; waiver of fees. Examination Council (FFIEC).
as specified in paragraph (h) of this * * * * * ACTION: Interim final rule.
section; (i) Restrictions on charging fees. (1) If
(ii) The right to seek dispute the Committee fails to comply with the SUMMARY: The Federal Financial
resolution services from the time limits specified in the FOIA in Institutions Examination Council
Committee’s FOIA Public Liaison or which to respond to a request, the (FFIEC or Council), on behalf of its
from the Office of Government Committee will not charge search fees, members, is amending its regulations to
Information Services; and or, in the case of requests from incorporate changes to the Freedom of
(iii) The name and title or position of requesters described in paragraph (c)(2) Information Act (FOIA). This interim
the person responsible for the adverse of this section, will not charge final rule reflects the required changes
determination. duplication fees, except as permitted necessitated by the FOIA Improvement
* * * * * under paragraphs (i)(2) through (i)(4) of Act of 2016 (Act) consisting of
(g) Providing responsive records. (1) this section. extending the deadline for
Copies of requested records shall be sent (2) If the Committee has determined administrative appeals, including
asabaliauskas on DSK3SPTVN1PROD with RULES
to the requester by regular U.S. mail to that unusual circumstances exist, as information on dispute resolution
the address indicated in the request, or described in 5 U.S.C. 552(a)(6)(B), and services, and amends parts of the fee
sent in electronic format to the email has provided timely written notice to determination. This interim final rule
address indicated in the request, unless the requester and subsequently also corrects a duplicate entry that
the requester elects to take delivery of responds within the additional 10 days occurred in the 2010 update of the
the documents at the Board’s Freedom provided in § 271.6(d)(3), the Board may regulations. The Council has reviewed
of Information Office or makes other charge search fees, or in the case of the proposed regulations and adopt
acceptable arrangements, or the requesters described in paragraph (c)(2) them in this interim final rule.
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Document Created: 2018-02-14 09:13:55
Document Modified: 2018-02-14 09:13:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rule. | |
| Dates | This interim final rule is effective on December 27, 2016. Comments shall be received on or before February 27, 2017. | |
| Contact | Matthew M. Luecke, Deputy Secretary, (202) 452-2576, Federal Open Market Committee, 20th Street and Constitution Avenue NW., Washington, DC 20551; or Amory Goldberg, Counsel, (202) 452-3124, Legal Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551. Users of Telecommunications Device for Deaf (TDD) only, please call (202) 263-4869. | |
| FR Citation | 81 FR 94934 | |
| CFR Associated | Federal Open Market Committee and Freedom of Information |
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