81 FR 95069 - Changes to Procedures for the Freedom of Information Act

POSTAL REGULATORY COMMISSION

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

Page Range		95069-95071
FR Document		2016-30905
The Commission is initiating a proceeding to revise its rules governing requests for agency records made under the Freedom of Information Act (FOIA), in accordance in with the FOIA Improvement Act of 2016, Public Law 114-185, 130 Stat. 538. This notice informs the public of the filing, invites public comment, and takes other administrative steps.
Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016)
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Proposed Rules]
[Pages 95069-95071]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30905]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3004

[Docket No. RM2017-2; Order No. 3671]


Changes to Procedures for the Freedom of Information Act

AGENCY: Postal Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission is initiating a proceeding to revise its rules 
governing requests for agency records made under the Freedom of 
Information Act (FOIA), in accordance in with the FOIA Improvement Act 
of 2016, Public Law 114-185, 130 Stat. 538. This notice informs the 
public of the filing, invites public comment, and takes other 
administrative steps.

DATES: Comments are due on or before January 26, 2017.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov. Those who cannot submit comments 
electronically should contact the person identified in the FOR FURTHER

[[Page 95070]]

INFORMATION CONTACT section by telephone for advice on filing 
alternatives.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. Background
III. Proposed Rules
IV. Comments Requested
V. Ordering Paragraphs

I. Introduction

    The Postal Regulatory Commission (the Commission) proposes to 
revise its rules governing requests for agency records made under the 
Freedom of Information Act (FOIA), 5 U.S.C. 552, in accordance with the 
FOIA Improvement Act of 2016 (the Act), Public Law 114-185, 130 Stat. 
538. Pursuant to section 3(a) of the Act, the head of each agency 
``shall review the regulations of such agency and shall issue 
regulations on procedures for the disclosure of records under [FOIA]'' 
to implement the Act within 180 days of its enactment date. The 
Commission hereby provides this notice, in conformance with the Act's 
deadline, describing its proposed changes and eliciting public comment.

II. Background

    The Act was signed into law on June 30, 2016, and mandates that 
federal agencies review and revise their regulations by December 27, 
2016. Among other things, the Act expands the dispute resolution 
process available to requesters, limits the use of FOIA exemptions, and 
codifies the so-called ``Rule of 3'' for frequently requested records. 
In order to implement the Act, the Commission must modify its FOIA 
regulations, which are set out in 39 CFR part 3004. The proposed 
modifications are set forth below, along with a brief description of 
the included changes.

III. Proposed Rules

    The rules requiring changes in this notice of proposed rulemaking, 
pursuant to the Act, are Sec. Sec.  3004.2, 3004.9, 3004.11, 3004.13, 
3004.43, and 3004.52.
    Proposed Sec.  3004.2 adds the duty to identify and post frequently 
requested records. Additionally, the modified rule limits the 
Commission's use of FOIA exemptions. Under the revised section, the 
Commission will only withhold information if it ``reasonably foresees'' 
that disclosure will harm an interest protected by an exemption or 
disclosure is otherwise prohibited by law.
    Proposed Sec.  3004.9 describes how to file a FOIA request. This 
section is a summary of basic information, added for clarity purposes.
    Proposed Sec.  3004.11 applies a 25-year sunset provision to the 
deliberative process privilege, which exempts certain inter-agency and 
intra-agency memoranda and letters from FOIA. Under the new rule, the 
deliberative process privilege does not apply to records created 25 
years or more before a records request.
    Proposed Sec.  3004.13 specifies that frequently requested records 
will be posted on the Commission's Web site.
    Proposed Sec.  3004.43 states that the Commission will offer the 
services of its FOIA Public Liaison to assist the requester and to 
provide dispute resolution services if necessary.
    Proposed Sec.  3004.52 revises the Commission's rules for 
collecting fees when the Commission cannot issue its response during 
the initial 20-day response period.

IV. Comments Requested

    Interested persons are invited to provide written comments 
concerning the proposed rule. Comments are due no later than 30 days 
after the date of publication of this notice in the Federal Register. 
All comments and suggestions received will be available for review on 
the Commission's Web site, http://www.prc.gov.
    Pursuant to 39 U.S.C. 505, Laura Zuber is appointed to serve as an 
officer of the Commission (Public Representative) to represent the 
interests of the general public in the above-captioned docket.

V. Ordering Paragraphs

    It is ordered:
    1. Docket No. RM2017-2 is established for the purpose of amending 
the Commission's rules governing the Freedom of Information Act.
    2. Pursuant to 39 U.S.C. 505, Laura Zuber is appointed to serve as 
an officer of the Commission (Public Representative) to represent the 
interests of the general public in this proceeding.
    3. Interested persons may submit initial comments no later than 30 
days from the date of publication of this notice in the Federal 
Register.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Stacy L. Ruble,
Secretary.

List of Subjects in 39 CFR Part 3004

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

    For the reasons stated in the preamble, the Commission proposes to 
amend chapter III of title 39 of the Code of Federal Regulations as 
follows:

PART 3004--PUBLIC RECORDS AND FREEDOM OF INFORMATION ACT

0
1. The authority citation for part 3004 continues to read as follows:

    Authority: 5 U.S.C. 552; 39 U.S.C. 503.

0
2. Revise Sec.  3004.2 to read as follows:


Sec.  3004.2  Presumption of openness.

    (a) The Commission shall be proactive and timely in identifying and 
posting public records and other frequently requested records to its 
Web site.
    (b) It is the stated policy of the Commission that FOIA requests 
shall be administered with a clear presumption of openness. The 
Commission will only withhold information only if it reasonably 
foresees that disclosure would harm an interest protected by a FOIA 
exemption, as enumerated in Sec.  3004.11, or disclosure is otherwise 
prohibited by law.
0
3. Add Sec.  3004.9 to read as follows:


Sec.  3004.9  How to make a request.

    (a) To request Commission records, please contact the Secretary of 
the Commission via letter, telephone, or use the online request form 
provided on the Commission's Web site at http://www.prc.gov/foia/.
    (b) Requests must describe the records sought in sufficient detail 
to enable the Commission to locate them with a reasonable amount of 
effort. To the extent possible, please provide any specific information 
that might assist the Commission in responding to the request.
    (c) Requesters must provide contact information to assist the 
Commission in communicating with them and providing Commission records.
0
4. Amend Sec.  3004.11 by revising paragraph (f) to read as follows:


Sec.  3004.11  Use of exemptions.

* * * * *
    (f) Inter-agency or intra-agency memoranda or letters that would 
not be available by law to a party other than an agency in litigation 
with the agency, provided that the deliberative process privilege shall 
not apply to records

[[Page 95071]]

created 25 years or more before the date on which the records were 
requested.
* * * * *
0
5. Amend Sec.  3004.13 by revising paragraph (a) to read as follows:


Sec.  3004.13  Notice and publication of public information.

    (a) Decisions, advisory opinions, orders, public reports, and 
frequently requested agency records will be made available to the 
public by posting on the Commission's Web site at http://www.prc.gov.
* * * * *
0
6. Amend Sec.  3004.43 by revising paragraph (a) and adding paragraph 
(d)(4) to read as follows:


Sec.  3004.43  Response to requests.

    (a) Within 20 days (excluding Saturdays, Sundays and legal 
holidays) after receipt of a request for a Commission record, the 
Secretary or Assistant Secretary will notify the requester of its 
determination to grant or deny the request and the right to seek 
assistance from the Commission's FOIA Public Liaison.
* * * * *
    (d) * * *
    (4) The right to seek dispute resolution services from the 
Commission's FOIA Public Liaison or the Office of Government 
Information Services.
* * * * *
0
7. Revise Sec.  3004.45 to read as follows:


Sec.  3004.45  Extension of response time limit.

    (a) The Commission may extend the time limit for a response to a 
request or appeal for up to 10 business days due to unusual 
circumstances, as specified in 5 U.S.C. 552(a)(6)(B)(iii). In such a 
case, the Commission will notify the requester in writing of the 
unusual circumstance causing the extension and the date by which the 
Commission estimates that the request can be processed.
    (b) If an extension will exceed 10 business days, the Commission 
will:
    (1) Provide the requester with an opportunity to limit the scope of 
the request or to arrange an alternative timeframe for processing the 
request or a modified request. The applicable time limits are not 
tolled while the Commission waits for a response from the requester 
under this subsection; and
    (2) Make its FOIA Public Liaison available to the requester and 
apprise the requester of their right to seek dispute resolution 
services from the Office of Government Information Services.
0
8. Amend Sec.  3004.52 by revising paragraph (e) and adding paragraph 
(f) to read as follows:


Sec.  3004.52  Fees--general provisions.

* * * * *
    (e) No requester will be charged a fee after any search or response 
which occurs after the applicable time limits as described in 
Sec. Sec.  3004.43 and 3004.44, unless:
    (1) The Commission extends the time limit for its response due to 
unusual circumstances, pursuant to Sec.  3004.45(a), and the Commission 
completes its response within the extension of time provided under that 
section; or
    (2) The Commission extends the time limit for its response due to 
unusual circumstances, pursuant to Sec.  3004.45(a), and more than 
5,000 pages are necessary to respond to the request and the Commission 
has discussed with the requester how they could effectively limit the 
scope of the request or made at least three good faith attempts to do 
so; or
    (3) A court has determined that exceptional circumstances exist and 
excused the Commission from responding by court order.
    (f) The Commission may, however, charge fees for a partial grant of 
a request while it reviews records that may be exempt and may be 
responsive to the request, if it is made within the applicable time 
limits.

[FR Doc. 2016-30905 Filed 12-23-16; 8:45 am]
BILLING CODE 7710-FW-P
Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules 95069

10.115). The revised draft guidance, FR 55908; September 17, 2015) that, FDA considers the development of the
when finalized, will represent the among other things, revised the final guidance, we will review
current thinking of FDA on this topic. definition of ‘‘farm’’ in 21 CFR 1.227. comments received on the revised draft
It does not establish any rights for any We have also issued the Current Good guidance, as well as the comments
person and is not binding on FDA or the Manufacturing Practice, Hazard received on the food facility registration
public. You can use an alternate Analysis, and Risk-Based Preventive draft guidance we announced on
approach if it satisfies the requirements Controls for Food for Animals final rule November 8, 2016.
of the applicable statutes and (80 FR 56169; September 17, 2015). We
regulations. are issuing a seventh edition of the II. Electronic Access
On October 10, 2003, FDA issued an guidance to add information relating to Persons with access to the Internet
interim final rule (68 FR 58893) to the Registration Final Rule and the may obtain the draft guidance at either
implement amendments to the FD&C revised ‘‘farm’’ definition, as well as to http://www.fda.gov/Food/
Act made by the Public Health Security address questions received from GuidanceRegulation/
and Bioterrorism Preparedness and stakeholders since publication of the FoodFacilityRegistration/default.htm or
Response Act of 2002 (Pub. L. 107–188). sixth edition. http://www.regulations.gov. Use the
Section 415 of the FD&C Act (21 U.S.C. This edition of the guidance also FDA Web site listed in the previous
350d) requires domestic and foreign revises information in existing questions sentence to find the most current
facilities that manufacture, process, and answers, removes some questions version of the guidance.
pack, or hold food for human or animal and answers, and makes editorial
consumption in the United States to changes (e.g., we reorganized existing III. Paperwork Reduction Act of 1995
register with FDA by December 12, questions and answers) to improve This draft guidance refers to
2003. Section 102 of the FDA Food clarity. For the revised questions and previously approved collections of
Safety Modernization Act (FSMA) (Pub. answers, we are not adding a date information found in FDA regulations.
L. 111–353), enacted on January 4, 2011, indicating when the questions and These collections of information are
amended section 415 of the FD&C Act answers were revised. As in the subject to review by the Office of
to, among other things, require facilities previous editions, the following Management and Budget (OMB) under
engaged in manufacturing, processing, indicators are used to help users the Paperwork Reduction Act of 1995
packing, or holding food for identify revisions: (1) The guidance is (44 U.S.C. 3501–3520). The collections
consumption in the United States to identified as a revision of a previously of information in 21 CFR 1.230 through
submit additional registration issued document; (2) the revision date 1.235 and 21 CFR 1.245 have been
information to FDA. Section 102 of appears on the cover of the guidance; (3) approved under OMB control number
FSMA also directed FDA to amend the the edition number of the guidance is 0910–0502.
definition of ‘‘retail food establishment’’ included in its title; and (4) questions Dated: December 21, 2016.
in 21 CFR 1.227. On July 14, 2016, FDA and answers that have been added since
Leslie Kux,
issued a final rule (Registration Final the sixth edition are identified as such
Rule) to amend and update FDA’s in the body of the guidance. Associate Commissioner for Policy.
registration regulation and implement On November 8, 2016, we announced [FR Doc. 2016–31193 Filed 12–23–16; 8:45 am]
the FSMA revisions (81 FR 45912; July the availability of a draft guidance BILLING CODE 4164–01–P
14, 2016). entitled ‘‘Questions and Answers
This revised draft guidance was Regarding Food Facility Registration
developed to answer frequently asked (Seventh Edition): Guidance for POSTAL REGULATORY COMMISSION
questions relating to the registration Industry.’’ The draft guidance contained
requirements of section 415 of the FD&C 15 sections of a multi-section guidance 39 CFR Part 3004
Act. The first edition of the guidance intended to provide updated [Docket No. RM2017–2; Order No. 3671]
was issued as Level 2 guidance information relating to the food facility
consistent with our good guidance registration requirements of section 415 Changes to Procedures for the
practices regulation (21 CFR 10.115) and of the FD&C Act. We reserved two Freedom of Information Act
was made available on FDA’s Web site sections in the draft guidance and stated
on December 4, 2003. The second, third, that we would issue a revised draft AGENCY: Postal Regulatory Commission.
fourth, and fifth editions of the guidance guidance at a later date that would ACTION: Notice of proposed rulemaking.
were issued as Level 1 guidance include those reserved sections.
documents under 21 CFR 10.115 and This revised draft guidance SUMMARY: The Commission is initiating
were made available on FDA’s Web site supersedes the food facility registration a proceeding to revise its rules
on January 12, 2004; February 17, 2004; draft guidance that we issued in governing requests for agency records
August 6, 2004; and December 17, 2012, November 2016. In the revised draft made under the Freedom of Information
respectively. The sixth edition of the guidance, we are including the 15 Act (FOIA), in accordance in with the
guidance was issued as Level 1 sections that were announced in the FOIA Improvement Act of 2016, Public
guidance and included one additional Federal Register on November 8, 2016, Law 114–185, 130 Stat. 538. This notice
question and answer relating to a as well as including the two sections we informs the public of the filing, invites
proposed amendment to the ‘‘farm’’ reserved, ‘‘Who is Exempt from public comment, and takes other
definition in 21 CFR 1.227 (see 79 FR Registration?’’ and ‘‘Definitions,’’ from administrative steps.
mstockstill on DSK3G9T082PROD with PROPOSALS

58523; September 29, 2014). Since the draft guidance. The revised draft DATES: Comments are due on or before
publication of the sixth edition of the guidance also includes an additional January 26, 2017.
guidance, we have issued the question and answer related to mobile ADDRESSES: Submit comments
Registration Final Rule. In addition, we facilities in the section entitled ‘‘What electronically via the Commission’s
have issued the Current Good Information is Required in the Filing Online system at http://
Manufacturing Practice, Hazard Registration?’’ www.prc.gov. Those who cannot submit
Analysis, and Risk-Based Preventive We are inviting comments on the comments electronically should contact
Controls for Human Food final rule (80 revised draft guidance as a whole. As the person identified in the FOR FURTHER

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95070 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules

INFORMATION CONTACT section by Proposed § 3004.9 describes how to By the Commission.
telephone for advice on filing file a FOIA request. This section is a Stacy L. Ruble,
alternatives. summary of basic information, added Secretary.
FOR FURTHER INFORMATION CONTACT: for clarity purposes.
List of Subjects in 39 CFR Part 3004
David A. Trissell, General Counsel, at Proposed § 3004.11 applies a 25-year
Administrative practice and
202–789–6820. sunset provision to the deliberative
procedure, Freedom of information,
SUPPLEMENTARY INFORMATION: process privilege, which exempts Reporting and recordkeeping
certain inter-agency and intra-agency requirements.
Table of Contents memoranda and letters from FOIA.
For the reasons stated in the
I. Introduction Under the new rule, the deliberative preamble, the Commission proposes to
II. Background process privilege does not apply to
III. Proposed Rules amend chapter III of title 39 of the Code
records created 25 years or more before of Federal Regulations as follows:
IV. Comments Requested
a records request.
V. Ordering Paragraphs
Proposed § 3004.13 specifies that PART 3004—PUBLIC RECORDS AND
I. Introduction frequently requested records will be FREEDOM OF INFORMATION ACT
The Postal Regulatory Commission posted on the Commission’s Web site.
■ 1. The authority citation for part 3004
(the Commission) proposes to revise its Proposed § 3004.43 states that the continues to read as follows:
rules governing requests for agency Commission will offer the services of its
records made under the Freedom of Authority: 5 U.S.C. 552; 39 U.S.C. 503.
FOIA Public Liaison to assist the
Information Act (FOIA), 5 U.S.C. 552, in requester and to provide dispute ■ 2. Revise § 3004.2 to read as follows:
accordance with the FOIA Improvement resolution services if necessary.
Act of 2016 (the Act), Public Law 114– § 3004.2 Presumption of openness.
185, 130 Stat. 538. Pursuant to section Proposed § 3004.52 revises the (a) The Commission shall be proactive
3(a) of the Act, the head of each agency Commission’s rules for collecting fees and timely in identifying and posting
‘‘shall review the regulations of such when the Commission cannot issue its public records and other frequently
agency and shall issue regulations on response during the initial 20-day requested records to its Web site.
procedures for the disclosure of records response period. (b) It is the stated policy of the
under [FOIA]’’ to implement the Act Commission that FOIA requests shall be
IV. Comments Requested administered with a clear presumption
within 180 days of its enactment date.
The Commission hereby provides this of openness. The Commission will only
Interested persons are invited to
notice, in conformance with the Act’s withhold information only if it
provide written comments concerning
deadline, describing its proposed reasonably foresees that disclosure
the proposed rule. Comments are due no would harm an interest protected by a
changes and eliciting public comment. later than 30 days after the date of FOIA exemption, as enumerated in
II. Background publication of this notice in the Federal § 3004.11, or disclosure is otherwise
Register. All comments and suggestions prohibited by law.
The Act was signed into law on June
received will be available for review on ■ 3. Add § 3004.9 to read as follows:
30, 2016, and mandates that federal
the Commission’s Web site, http://
agencies review and revise their § 3004.9 How to make a request.
regulations by December 27, 2016. www.prc.gov.
Pursuant to 39 U.S.C. 505, Laura (a) To request Commission records,
Among other things, the Act expands please contact the Secretary of the
the dispute resolution process available Zuber is appointed to serve as an officer
Commission via letter, telephone, or use
to requesters, limits the use of FOIA of the Commission (Public
the online request form provided on the
exemptions, and codifies the so-called Representative) to represent the Commission’s Web site at http://
‘‘Rule of 3’’ for frequently requested interests of the general public in the www.prc.gov/foia/.
records. In order to implement the Act, above-captioned docket. (b) Requests must describe the records
the Commission must modify its FOIA sought in sufficient detail to enable the
regulations, which are set out in 39 CFR V. Ordering Paragraphs
Commission to locate them with a
part 3004. The proposed modifications It is ordered: reasonable amount of effort. To the
are set forth below, along with a brief extent possible, please provide any
description of the included changes. 1. Docket No. RM2017–2 is
established for the purpose of amending specific information that might assist
III. Proposed Rules the Commission’s rules governing the the Commission in responding to the
Freedom of Information Act. request.
The rules requiring changes in this (c) Requesters must provide contact
notice of proposed rulemaking, 2. Pursuant to 39 U.S.C. 505, Laura information to assist the Commission in
pursuant to the Act, are §§ 3004.2, Zuber is appointed to serve as an officer communicating with them and
3004.9, 3004.11, 3004.13, 3004.43, and of the Commission (Public providing Commission records.
3004.52. Representative) to represent the ■ 4. Amend § 3004.11 by revising
Proposed § 3004.2 adds the duty to interests of the general public in this paragraph (f) to read as follows:
identify and post frequently requested proceeding.
mstockstill on DSK3G9T082PROD with PROPOSALS

records. Additionally, the modified rule § 3004.11 Use of exemptions.
3. Interested persons may submit
limits the Commission’s use of FOIA * * * * *
exemptions. Under the revised section, initial comments no later than 30 days (f) Inter-agency or intra-agency
the Commission will only withhold from the date of publication of this memoranda or letters that would not be
information if it ‘‘reasonably foresees’’ notice in the Federal Register. available by law to a party other than an
that disclosure will harm an interest 4. The Secretary shall arrange for agency in litigation with the agency,
protected by an exemption or disclosure publication of this order in the Federal provided that the deliberative process
is otherwise prohibited by law. Register. privilege shall not apply to records

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Document Created: 2018-02-14 09:14:09
Document Modified: 2018-02-14 09:14:09
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		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments are due on or before January 26, 2017.
Contact		David A. Trissell, General Counsel, at 202-789-6820.
FR Citation		81 FR 95069
CFR Associated		Administrative Practice and Procedure; Freedom of Information and Reporting and Recordkeeping Requirements