82 FR 21694 - Revision of Freedom of Information Act Regulation; Correction

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 82, Issue 89 (May 10, 2017)

Page Range		21694-21695
FR Document		2017-09465

On January 12, 2017, HUD issued a final rule amending HUD's Freedom of Information Act (FOIA) regulation to implement the FOIA Improvement Act of 2016, which enacted a range of procedural changes, including a change to the procedures for withholding information and an amendment to one of the nine FOIA exemptions that authorizes an agency to withhold various records from disclosure. After publication, HUD discovered that a portion of the regulation was not published as intended. Specifically, the published rule deleted several of the nine statutory FOIA disclosure exemptions and duplicated another. HUD also noticed minor technical changes required elsewhere in its regulations. This document corrects HUD's January 12, 2017, final rule and makes the minor technical changes.

Federal Register, Volume 82 Issue 89 (Wednesday, May 10, 2017)

[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Rules and Regulations]
[Pages 21694-21695]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09465]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 15

[Docket No. FR-5986-C-02]
RIN 2501-AD81


Revision of Freedom of Information Act Regulation; Correction

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule; correction.

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SUMMARY: On January 12, 2017, HUD issued a final rule amending HUD's 
Freedom of Information Act (FOIA) regulation to implement the FOIA 
Improvement Act of 2016, which enacted a range of procedural changes, 
including a change to the procedures for withholding information and an 
amendment to one of the nine FOIA exemptions that authorizes an agency 
to withhold various records from disclosure. After publication, HUD 
discovered that a portion of the regulation was not published as 
intended. Specifically, the published rule deleted several of the nine 
statutory FOIA disclosure exemptions and duplicated another. HUD also 
noticed minor technical changes required elsewhere in its regulations. 
This document corrects HUD's January 12, 2017, final rule and makes the 
minor technical changes.

DATES: Effective: May 10, 2017.

FOR FURTHER INFORMATION CONTACT: Helen Goff Foster, Chief 
Administrative Officer, Office of Administration, Department of Housing 
and Urban Development, 451 7th Street SW., Room 6100, Washington, DC 
20410-0500, telephone number 1-202-402-6838 (this is not a toll-free 
number). Hearing- or speech-impaired individuals may access this number 
via TTY by calling the toll-free Federal Relay Service at telephone 
number 1-800-877-8339 (this is a toll-free number).

SUPPLEMENTARY INFORMATION: On January 12, 2017 (82 FR 3623), HUD issued 
a final rule amending HUD's Freedom of Information Act (FOIA) 
regulation at 24 CFR part 15 to implement the FOIA Improvement Act of 
2016 (Pub. L. 114-185, approved June 30, 2016) (2016 Act). Upon review 
of the published rule, HUD determined that Sec.  15.107 was not 
published as intended. The amendatory instruction excluded three of the 
nine statutory FOIA exemptions (5 U.S.C. 552(b)) and included a 
duplicate exemption in Sec.  15.107(b).
    HUD's January 12, 2017, final rule sought to restructure Sec.  
15.107 by adding paragraph (a) to provide that HUD shall withhold 
information only if it is reasonably foreseeable that disclosure would 
harm an interest protected by an exemption, or if disclosure is 
prohibited by law. HUD also sought to redesignate the undesignated 
introductory text as paragraph (b), redesignate paragraphs (a) through 
(i) as (b)(1) through (b)(9), and amend redesignated paragraph (b)(5), 
the deliberative process privilege, to add a sunset clause after 25 
years.
    As discussed above, HUD's final rule did not accurately restructure 
Sec.  15.107 as intended. This final rule restates in whole Sec.  
15.107 to reflect the changes required by the 2016 Act to the 
deliberative process privilege exemption, and restores all other FOIA 
disclosure exemptions.
    In addition, HUD is fixing an incorrect Web site link in Sec.  
15.101, removing two misplaced words in Sec.  15.105, and correcting 
the number of days a FOIA requester has to appeal an adverse 
determination in Sec.  15.109(a), consistent with the change HUD made 
in Sec.  15.105(d)(2)(iv).

List of Subjects in 24 CFR Part 15

    Classified information, Courts, Freedom of information, Government 
employees, Reporting and recordkeeping requirements.

    Accordingly, 24 CFR part 15 is corrected by making the following 
correcting amendments:

PART 15--PUBLIC ACCESS TO HUD RECORDS UNDER THE FREEDOM OF 
INFORMATION ACT AND TESTIMONY AND PRODUCTION OF INFORMATION BY HUD 
EMPLOYEES

0
1. The authority for part 15 continues to read as follows:

    Authority:  42 U.S.C. 3535(d), 5 U.S.C. 552.


Sec.  15.101  [Amended]

0
 2. In Sec.  15.101(b)(2), remove the link ``http://www/data/gov'' and 
add in its place the link ``http://www.data.gov''.


Sec.  15.105  [Amended]

0
3. In Sec.  15.105, in paragraph (d)(2)(iv) remove the word ``and'' and 
in paragraph (d)(2)(v) remove the word ``and''.

0
4. Revise Sec.  15.107 to read as follows:


Sec.  15.107  Documents generally protected from disclosure.

    (a) HUD shall withhold information only if HUD reasonably foresees 
that disclosure would harm an interest protected by an exemption as 
provided in paragraph (b) of this section, or disclosure is prohibited 
by law. HUD will consider whether partial disclosure of information is 
possible whenever

[[Page 21695]]

HUD determines that a full disclosure of a requested record is not 
possible, and will take reasonable steps necessary to segregate and 
release nonexempt information. Nothing in this section requires 
disclosure of information that is otherwise prohibited from disclosure 
by law, or otherwise exempted from disclosure as provided in paragraph 
(b)(3) of this section.
    (b) The FOIA contains nine exemptions (5 U.S.C. 552(b)) that 
authorize agencies to withhold various records from disclosure. With 
regard to certain types of records, HUD generally applies the 
exemptions as follows:
    (1) Classified documents. Exemption 1 (5 U.S.C. 552(b)(1)) protects 
classified national defense and foreign relations information. HUD 
seldom relies on this exception to withhold documents. However, where 
applicable, HUD will refer a request for records classified under 
Executive Order 13526 and the pertinent records to the originating 
agency for processing. HUD may refuse to confirm or deny the existence 
of the requested information if the originating agency determines that 
the fact of the existence of the information itself is classified.
    (2) Internal agency rules and practices. Exemption 2 (5 U.S.C. 
552(b)(2)) protects records relating to internal personnel rules and 
practices.
    (3) Information prohibited from disclosure by another statute. 
Exemption 3 (5 U.S.C. 552(b)(3)) protects information that is 
prohibited from disclosure by another Federal law. HUD generally will 
not disclose competitive proposals prior to contract award, competitive 
proposals that are not set forth or incorporated by reference into the 
awarded contract (see 41 U.S.C. 4702), or, during the selection 
process, any covered selection information regarding such selection, 
either directly or indirectly (see 42 U.S.C. 3537a).
    (4) Commercial or financial information. Exemption 4 (5 U.S.C. 
552(b)(4)) protects trade secrets and commercial or financial 
information obtained from a person and privileged or confidential. HUD 
will handle this type of information as provided by Sec.  15.108.
    (5) Certain interagency or intra-agency communications. Exemption 5 
(5 U.S.C. 552(b)(5)) protects interagency or intra-agency 
communications that are protected by legal privileges, such as the 
attorney-client privilege, attorney work-product privilege, or 
communications reflecting the agency's deliberative process. The 
deliberative process privilege shall not apply to records created 25 
years or more before the date on which the records were requested.
    (6) Personal privacy. Exemption 6 (5 U.S.C. 552(b)(6)) protects 
information involving matters of personal privacy. This information may 
include personnel, medical, and similar files the disclosure of which 
would constitute a clearly unwarranted invasion of personal privacy. 
Names, addresses, telephone numbers, and email addresses of persons 
residing in public or assisted housing or of borrowers in FHA-insured 
single family mortgage transactions generally will not be disclosed.
    (7) Law enforcement records. Exemption 7 (5 U.S.C. 552(b)(7)) 
protects certain records or information compiled for law enforcement 
purposes. This exemption protects records where the production could 
reasonably be expected to interfere with enforcement proceedings; for 
example, the names of individuals who have filed fair housing 
complaints. The protection of this exemption also encompasses, but is 
not limited to, information in law enforcement files that could 
reasonably be expected to constitute an unwarranted invasion of 
personal privacy; the names of confidential informants, and techniques 
and procedures for law enforcement investigations, or guidelines for 
law enforcement investigations if such disclosure could reasonably be 
expected to risk circumvention of the law.
    (8) Supervision of financial institutions. Exemption 8 (5 U.S.C. 
552(b)(8)) protects information relating to the supervision of 
financial institutions. For purposes of Exemption 8, HUD is an ``agency 
responsible for the regulation and supervision of financial 
institutions'' for purposes of monitoring fair housing compliance.
    (9) Wells. Exemption 9 (5 U.S.C. 552(b)(9)) protects geological 
information on wells.


Sec.  15.109  [Amended]

0
 5. In Sec.  15.109(a), remove the number ``30'' and add in its place 
the number ``90''.

    Dated: May 4, 2017.
 Aaron Santa Anna,
 Assistant General Counsel for Regulations.
[FR Doc. 2017-09465 Filed 5-9-17; 8:45 am]
 BILLING CODE 4210-67-P

21694 Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Rules and Regulations

Dated: May 4, 2017. DEPARTMENT OF HOUSING AND withhold information only if it is
Anna K. Abram, URBAN DEVELOPMENT reasonably foreseeable that disclosure
Deputy Commissioner for Policy, Planning, would harm an interest protected by an
Legislation, and Analysis. 24 CFR Part 15 exemption, or if disclosure is prohibited
[FR Doc. 2017–09364 Filed 5–9–17; 8:45 am] [Docket No. FR–5986–C–02] by law. HUD also sought to redesignate
BILLING CODE 4164–01–P the undesignated introductory text as
RIN 2501–AD81 paragraph (b), redesignate paragraphs (a)
through (i) as (b)(1) through (b)(9), and
DEPARTMENT OF HEALTH AND Revision of Freedom of Information amend redesignated paragraph (b)(5),
HUMAN SERVICES Act Regulation; Correction the deliberative process privilege, to add
AGENCY: Office of the Secretary, HUD. a sunset clause after 25 years.
Food and Drug Administration ACTION: Final rule; correction. As discussed above, HUD’s final rule
did not accurately restructure § 15.107
21 CFR Part 522 SUMMARY: On January 12, 2017, HUD as intended. This final rule restates in
[Docket No. FDA–2017–N–0002] issued a final rule amending HUD’s whole § 15.107 to reflect the changes
Freedom of Information Act (FOIA) required by the 2016 Act to the
New Animal Drugs; Withdrawal of regulation to implement the FOIA deliberative process privilege
Approval of a New Animal Drug Improvement Act of 2016, which exemption, and restores all other FOIA
Application enacted a range of procedural changes, disclosure exemptions.
including a change to the procedures for In addition, HUD is fixing an
AGENCY: Food and Drug Administration, withholding information and an incorrect Web site link in § 15.101,
HHS. amendment to one of the nine FOIA removing two misplaced words in
ACTION: Notification of withdrawal. exemptions that authorizes an agency to § 15.105, and correcting the number of
withhold various records from days a FOIA requester has to appeal an
SUMMARY: The Food and Drug
disclosure. After publication, HUD adverse determination in § 15.109(a),
Administration (FDA) is withdrawing
discovered that a portion of the consistent with the change HUD made
approval of a new animal drug
regulation was not published as in § 15.105(d)(2)(iv).
application (NADA). This action is
intended. Specifically, the published
being taken at the sponsors’ request List of Subjects in 24 CFR Part 15
rule deleted several of the nine statutory
because these products are no longer Classified information, Courts,
FOIA disclosure exemptions and
manufactured or marketed. Freedom of information, Government
duplicated another. HUD also noticed
DATES: Withdrawal of approval is employees, Reporting and
minor technical changes required
effective May 22, 2017. elsewhere in its regulations. This recordkeeping requirements.
FOR FURTHER INFORMATION CONTACT: document corrects HUD’s January 12, Accordingly, 24 CFR part 15 is
Sujaya Dessai, Center for Veterinary 2017, final rule and makes the minor corrected by making the following
Medicine (HFV–212), Food and Drug technical changes. correcting amendments:
Administration, 7519 Standish Pl., DATES: Effective: May 10, 2017.
Rockville, MD 20855, 240–402–5761, PART 15—PUBLIC ACCESS TO HUD
FOR FURTHER INFORMATION CONTACT:
sujaya.dessai@fda.hhs.gov. RECORDS UNDER THE FREEDOM OF
Helen Goff Foster, Chief Administrative INFORMATION ACT AND TESTIMONY
SUPPLEMENTARY INFORMATION: Sioux
Officer, Office of Administration, AND PRODUCTION OF INFORMATION
Biochemical, Inc., 204 Third St. NW., Department of Housing and Urban
Sioux Center, IA 51250 has requested BY HUD EMPLOYEES
Development, 451 7th Street SW., Room
that FDA withdraw approval of NADA 6100, Washington, DC 20410–0500,
009–505 for F.S.H.-P (follicle ■ 1. The authority for part 15 continues
telephone number 1–202–402–6838 to read as follows:
stimulating hormone) Powder for (this is not a toll-free number). Hearing-
Injection because the product is no Authority: 42 U.S.C. 3535(d), 5 U.S.C. 552.
or speech-impaired individuals may
longer manufactured or marketed. access this number via TTY by calling § 15.101 [Amended]
Therefore, under authority delegated
the toll-free Federal Relay Service at ■ 2. In § 15.101(b)(2), remove the link
to the Commissioner of Food and Drugs
telephone number 1–800–877–8339 ‘‘http://www/data/gov’’ and add in its
and redelegated to the Center for
(this is a toll-free number). place the link ‘‘http://www.data.gov’’.
Veterinary Medicine, and in accordance
SUPPLEMENTARY INFORMATION: On
with § 514.116 Notice of withdrawal of
January 12, 2017 (82 FR 3623), HUD § 15.105 [Amended]
approval of application (21 CFR
514.116), notice is given that approval issued a final rule amending HUD’s ■ 3. In § 15.105, in paragraph (d)(2)(iv)
of NADA 009–505, and all supplements Freedom of Information Act (FOIA) remove the word ‘‘and’’ and in
and amendments thereto, is hereby regulation at 24 CFR part 15 to paragraph (d)(2)(v) remove the word
withdrawn, effective May 22, 2017. implement the FOIA Improvement Act ‘‘and’’.
Elsewhere in this issue of the Federal of 2016 (Pub. L. 114–185, approved June ■ 4. Revise § 15.107 to read as follows:
Register, FDA is amending the animal 30, 2016) (2016 Act). Upon review of the
published rule, HUD determined that § 15.107 Documents generally protected
drug regulations to reflect the voluntary
§ 15.107 was not published as intended. from disclosure.
withdrawal of approval of this
application. The amendatory instruction excluded (a) HUD shall withhold information
jstallworth on DSK7TPTVN1PROD with RULES

three of the nine statutory FOIA only if HUD reasonably foresees that
Dated: May 4, 2017. exemptions (5 U.S.C. 552(b)) and disclosure would harm an interest
Anna K. Abram, included a duplicate exemption in protected by an exemption as provided
Deputy Commissioner for Policy, Planning, § 15.107(b). in paragraph (b) of this section, or
Legislation, and Analysis. HUD’s January 12, 2017, final rule disclosure is prohibited by law. HUD
[FR Doc. 2017–09365 Filed 5–9–17; 8:45 am] sought to restructure § 15.107 by adding will consider whether partial disclosure
BILLING CODE 4164–01–P paragraph (a) to provide that HUD shall of information is possible whenever

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Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Rules and Regulations 21695

HUD determines that a full disclosure of created 25 years or more before the date DEPARTMENT OF HOMELAND
a requested record is not possible, and on which the records were requested. SECURITY
will take reasonable steps necessary to (6) Personal privacy. Exemption 6 (5
segregate and release nonexempt Coast Guard
U.S.C. 552(b)(6)) protects information
information. Nothing in this section involving matters of personal privacy.
requires disclosure of information that 33 CFR Part 165
This information may include
is otherwise prohibited from disclosure [Docket No. USCG–2012–0309]
personnel, medical, and similar files the
by law, or otherwise exempted from
disclosure of which would constitute a
disclosure as provided in paragraph Safety Zone, Chicago Harbor, Navy
(b)(3) of this section. clearly unwarranted invasion of
Pier East, Chicago, IL
(b) The FOIA contains nine personal privacy. Names, addresses,
telephone numbers, and email addresses AGENCY: Coast Guard, DHS.
exemptions (5 U.S.C. 552(b)) that
authorize agencies to withhold various of persons residing in public or assisted ACTION: Notice of enforcement of
records from disclosure. With regard to housing or of borrowers in FHA-insured regulation.
certain types of records, HUD generally single family mortgage transactions
SUMMARY: The Coast Guard will enforce
applies the exemptions as follows: generally will not be disclosed.
the Navy Pier East Safety Zone within
(1) Classified documents. Exemption (7) Law enforcement records. the Chicago Harbor on June 27, 2017.
1 (5 U.S.C. 552(b)(1)) protects classified Exemption 7 (5 U.S.C. 552(b)(7)) This action is necessary and intended to
national defense and foreign relations protects certain records or information ensure the safety of life and property on
information. HUD seldom relies on this compiled for law enforcement purposes. navigable waters prior to, during, and
exception to withhold documents. This exemption protects records where immediately after the fireworks display.
However, where applicable, HUD will the production could reasonably be During the enforcement period listed
refer a request for records classified expected to interfere with enforcement below, the Coast Guard will enforce
under Executive Order 13526 and the proceedings; for example, the names of restrictions upon, and control
pertinent records to the originating individuals who have filed fair housing movement of vessels that transit this
agency for processing. HUD may refuse complaints. The protection of this regulated area with the approval from
to confirm or deny the existence of the the Captain of the Port Lake Michigan.
exemption also encompasses, but is not
requested information if the originating DATES: The regulation in 33 CFR
limited to, information in law
agency determines that the fact of the 165.933 will be enforced from 8:45 p.m.
existence of the information itself is enforcement files that could reasonably
be expected to constitute an until 9:45 p.m. on June 27, 2017.
classified. FOR FURTHER INFORMATION CONTACT: If
(2) Internal agency rules and unwarranted invasion of personal
privacy; the names of confidential you have questions about this notice of
practices. Exemption 2 (5 U.S.C. enforcement, call or email LT Lindsay
552(b)(2)) protects records relating to informants, and techniques and
procedures for law enforcement Cook, Waterways Management Division,
internal personnel rules and practices. Marine Safety Unit Chicago, at 630–
(3) Information prohibited from investigations, or guidelines for law
986–2155, email address D09-DG-
disclosure by another statute. enforcement investigations if such MSUChicago-Waterways@uscg.mil.
Exemption 3 (5 U.S.C. 552(b)(3)) disclosure could reasonably be expected
SUPPLEMENTARY INFORMATION: The Coast
protects information that is prohibited to risk circumvention of the law.
Guard will enforce Safety Zone; Chicago
from disclosure by another Federal law. (8) Supervision of financial Harbor, Navy Pier East, Chicago, IL
HUD generally will not disclose institutions. Exemption 8 (5 U.S.C. listed in 33 CFR 165.933, on June 27,
competitive proposals prior to contract 552(b)(8)) protects information relating 2017 from 8:45 p.m. until 9:45 p.m., for
award, competitive proposals that are to the supervision of financial a barge based fireworks display. This
not set forth or incorporated by institutions. For purposes of Exemption action is being taken to provide for the
reference into the awarded contract (see 8, HUD is an ‘‘agency responsible for the safety of life and property on navigable
41 U.S.C. 4702), or, during the selection regulation and supervision of financial waterways before, during, and
process, any covered selection immediately after the fireworks display.
institutions’’ for purposes of monitoring
information regarding such selection, As specified in 33 CFR 165.933 this
fair housing compliance.
either directly or indirectly (see 42 safety zone encompasses all waters of
U.S.C. 3537a). (9) Wells. Exemption 9 (5 U.S.C. Lake Michigan within Chicago Harbor
(4) Commercial or financial 552(b)(9)) protects geological between the east end of Navy Pier and
information. Exemption 4 (5 U.S.C. information on wells. the Chicago Harbor breakwater bounded
552(b)(4)) protects trade secrets and by coordinates beginning at 41°53′37″
§ 15.109 [Amended]
commercial or financial information N., 087°35′26″ W.; then south to
obtained from a person and privileged ■ 5. In § 15.109(a), remove the number 41°53′24″ N., 087°35′26″ W.; then east to
or confidential. HUD will handle this ‘‘30’’ and add in its place the number 41°53′24″ N., 087°35′55″ W.; then north
type of information as provided by ‘‘90’’. to 41°53′37″ N., 087°35′55″ W.; then
§ 15.108. back to the point of origin (NAD 83).
(5) Certain interagency or intra- Dated: May 4, 2017. During the enforcement period, no
agency communications. Exemption 5 Aaron Santa Anna, vessel may transit this regulated area
(5 U.S.C. 552(b)(5)) protects interagency Assistant General Counsel for Regulations. without approval from the Captain of
jstallworth on DSK7TPTVN1PROD with RULES

or intra-agency communications that are [FR Doc. 2017–09465 Filed 5–9–17; 8:45 am] the Port Lake Michigan or a Captain of
protected by legal privileges, such as the BILLING CODE 4210–67–P
the Port designated representative.
attorney-client privilege, attorney work- Vessels and persons granted permission
product privilege, or communications to enter the safety zone shall obey all
reflecting the agency’s deliberative lawful orders or directions of the
process. The deliberative process Captain of the Port Lake Michigan, or
privilege shall not apply to records his or her on-scene representative.

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Document Created: 2017-05-10 00:01:02
Document Modified: 2017-05-10 00:01:02

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; correction.
Dates		Effective: May 10, 2017.
Contact		Helen Goff Foster, Chief Administrative Officer, Office of Administration, Department of Housing and Urban Development, 451 7th Street SW., Room 6100, Washington, DC 20410-0500, telephone number 1-202-402-6838 (this is not a toll-free number). Hearing- or speech-impaired individuals may access this number via TTY by calling the toll-free Federal Relay Service at telephone number 1-800-877-8339 (this is a toll-free number).
FR Citation		82 FR 21694
RIN Number		2501-AD81
CFR Associated		Classified Information; Courts; Freedom of Information; Government Employees and Reporting and Recordkeeping Requirements