82 FR 2248 - Amendments to Regulations Governing Access to Commission Information and Records; Freedom of Information Act

FEDERAL MARITIME COMMISSION

Federal Register Volume 82, Issue 5 (January 9, 2017)

Page Range		2248-2249
FR Document		2016-31891

The Federal Maritime Commission amends its regulations for processing requests for information and records under the Freedom of Information Act (FOIA). The regulations are being revised to incorporate changes brought by amendments to the FOIA under the FOIA Improvement Act of 2016. The Act requires agencies to review their FOIA regulations and issue regulations implementing the amendments no later than 180 days after enactment.

Federal Register, Volume 82 Issue 5 (Monday, January 9, 2017)

[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Rules and Regulations]
[Pages 2248-2249]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31891]


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FEDERAL MARITIME COMMISSION

46 CFR PART 503

[Docket No. 16-18]
RIN 3072-AC66


Amendments to Regulations Governing Access to Commission 
Information and Records; Freedom of Information Act

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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SUMMARY: The Federal Maritime Commission amends its regulations for 
processing requests for information and records under the Freedom of 
Information Act (FOIA). The regulations are being revised to 
incorporate changes brought by amendments to the FOIA under the FOIA 
Improvement Act of 2016. The Act requires agencies to review their FOIA 
regulations and issue regulations implementing the amendments no later 
than 180 days after enactment.

DATES: This rule is effective January 30, 2017.

FOR FURTHER INFORMATION CONTACT: Mail: Rachel E. Dickon, Assistant 
Secretary, Federal Maritime Commission, 800 North Capitol Street NW., 
Washington, DC 20573-0001. Phone: (202) 523-5725. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: On June 30, 2016, the President signed into 
law the FOIA Improvement Act of 2016. The Act prescribes a range of 
procedural requirements that affect the Commission's FOIA regulations, 
and which this final rule implements, including requirements that the 
Commission:
     Provide publically available documents and its FOIA Annual 
Reports in an electronic format;
     provide FOIA requesters the right to seek dispute 
resolution services from the Commission's FOIA Public Liaison and/or 
the Office of Government Information Services during the FOIA process;
     provide a minimum of 90 days for FOIA requesters to file 
an administrative appeal; and
     not apply the deliberative process privilege to records 
created 25 years or more before the date on which the records were 
requested.

Regulatory Analysis and Notices

Regulatory Flexibility Act (RFA)

    The Regulatory Flexibility Act requires an agency to review 
regulations to assess their impact on small entities and prepare an 
initial regulatory flexibility analysis, unless the agency determines 
that a rule is not expected to have a significant impact on a 
substantial number of small entities. This final rule will affect only 
persons who file FOIA requests, and therefore, the Commission certifies 
that this final rule will not have a significant or negative economic 
impacts on a substantial number of small entities.

Paperwork Reduction Act (PRA)

    The Paperwork Reduction Act of 1995 requires an agency to seek and 
receive approval from the Office of Management and Budget (OMB) before 
making most requests for information if the agency is requesting 
information from more than ten persons. 44 U.S.C. 3507. The agency must 
submit collections of information in proposed rules to OMB in 
conjunction with the publication of the proposed rulemaking. 5 CFR 
1320.11. This final rule does not impose any collections of 
information, as defined by 44 U.S.C. 3502(3) and 5 CFR 1320.3(c).

National Environmental Policy Act (NEPA)

    This final rule will have no physical impact upon the environment, 
and therefore, will not require any further review under NEPA.

Regulation Identifier Number

    The Commission assigns a regulation identifier number (RIN) to each 
regulatory action listed in the Unified Agenda of Federal Regulatory 
and Deregulatory Actions (Unified Agenda). The Regulatory Information 
Service Center publishes the Unified Agenda in April and October of 
each year. The RIN contained in the heading of this document may be 
used to find this action in the Unified Agenda, available at http://www.reginfo.gov/public/do/eAgendaMain.

List of Subjects in 46 CFR Part 503

    Administrative practices and procedures, Archives and records, 
Classified information, Confidential business information, Freedom of 
information, Information, Privacy, Records, Reporting and recordkeeping 
requirements, Sunshine Act.

    For the reasons set forth in the preamble, the Federal Maritime 
Commission amends 46 CFR part 503 as follows:

PART 503--PUBLIC INFORMATION

0
1. The authority citation for part 503 continues to read as follows:

    Authority:  5 U.S.C. 552, 552a, 552b, 553; 31 U.S.C. 9701; E.O. 
13526, 75 FR 707, 3 CFR, 2010 Comp., p. 298.

Subpart C--Records, Information and Materials Generally Available 
to the Public Without Resort to Freedom of Information Act 
Procedures

0
2. Amend Sec.  503.21 by revising paragraphs (a) introductory text and 
(c) introductory text to read as follows:


Sec.  503.21  Mandatory public records.

    (a) The Commission, as required by the Freedom of Information Act, 
5 U.S.C. 552, is responsible for determining which of its records must 
be made publicly available, for identifying additional records of 
interest to the public that are appropriate for public disclosure, for 
posting and indexing such records, and for reviewing and updating 
posted records and indices on an ongoing basis. The Commission makes 
the following materials available for public inspection in electronic 
format on its Web site at www.fmc.gov:
* * * * *
    (c) The Commission maintains and makes available for public 
inspection in an electronic format, a current log or index providing 
identifying information for the public as to any matter which is 
issued, adopted, or promulgated, and which is required by paragraph (a) 
of this section to be made available or published.
* * * * *

Subpart D--Requests for Records Under the Freedom of Information 
Act

0
3. Amend Sec.  503.32 by revising paragraphs (a)(1) and (2), 
(a)(3)(i)(B), and (b)(3) to read as follows:


Sec.  503.32  Procedures for responding to requests made under the 
Freedom of Information Act.

    (a) * * *
    (1) Such determination shall be made by the Secretary within twenty 
(20) business days after receipt of such request, except as provided in 
paragraphs (b) and (e)(4) of this section, and the Secretary shall 
immediately notify the requester of:
    (i) Such determination and the reasons therefor;
    (ii) The right of such person to seek assistance from the agency's 
FOIA Public Liaison; and
    (iii) In the case of an adverse determination, the right of such

[[Page 2249]]

requester to appeal to the Chairman no less than 90 days after the date 
of such adverse determination, and the right of such requester to seek 
dispute resolution services from the agency's FOIA Public Liaison or 
the Office of Government Information Services.
    (2) Upon granting a request, the Secretary shall promptly make 
records available to the requestor. Upon denial of such a request the 
Secretary shall promptly notify the requestor of the determination, 
explain the reason for denial, give an estimate of the volume of matter 
denied, and set forth the names and titles or positions of each person 
responsible for the denial of the request.
    (3)(i) * * *
    (B) Be filed not later than 90 days following receipt of 
notification of full or partial denial of records requested.
* * * * *
    (b) * * *
    (3) If the time limit is extended as prescribed under this section, 
and the request cannot be processed within the extended time limit, the 
Secretary shall notify the requestor, and either provide the requestor 
with an opportunity to limit the scope of the request so that it may be 
processed within the time limit, or provide the requestor an 
opportunity to arrange with the Secretary an alternative time frame for 
processing the request or a modified request. To aid the requester, the 
Commission will make available its FOIA Public Liaison, who shall 
assist in the resolution of any dispute between the requester and the 
Commission, and notify the requester of the right of the requester to 
seek dispute resolution services from the Office of Government 
Information Services.
* * * * *

0
4. Amend Sec.  503.33 by revising paragraph (a)(5) and adding 
paragraphs (a)(8) and (9) to read as follows:


Sec.  503.33   Exceptions to availability of records.

    (a) * * *
    (5) 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 Commission, provided that the deliberative process privilege 
shall not apply to records created 25 years or more before the date on 
which the records were requested.
* * * * *
    (8) Contained in or related to examination, operating, or condition 
reports prepared by, on behalf of, or for the use of an agency 
responsible for the regulation or supervision of financial 
institutions; or
    (9) Geological and geophysical information and data, including 
maps, concerning wells.
* * * * *

0
5. Amend Sec.  503.34 by revising paragraph (b) to read as follows:


Sec.  503.34  Annual report of public information request activity.

* * * * *
    (b) Each such report shall be made available to the public in 
electronic format.

    By the Commission.
 Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2016-31891 Filed 1-6-17; 8:45 am]
 BILLING CODE 6731-AA-P

2248 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations

* * * * * Regulatory Analysis and Notices PART 503—PUBLIC INFORMATION
[FR Doc. 2016–31637 Filed 1–6–17; 8:45 am]
Regulatory Flexibility Act (RFA) ■ 1. The authority citation for part 503
BILLING CODE 6560–50–P
The Regulatory Flexibility Act continues to read as follows:
requires an agency to review regulations Authority: 5 U.S.C. 552, 552a, 552b, 553;
to assess their impact on small entities 31 U.S.C. 9701; E.O. 13526, 75 FR 707, 3
FEDERAL MARITIME COMMISSION
and prepare an initial regulatory CFR, 2010 Comp., p. 298.
46 CFR PART 503 flexibility analysis, unless the agency
determines that a rule is not expected to Subpart C—Records, Information and
have a significant impact on a Materials Generally Available to the
[Docket No. 16–18]
substantial number of small entities. Public Without Resort to Freedom of
RIN 3072–AC66 This final rule will affect only persons Information Act Procedures
who file FOIA requests, and therefore,
Amendments to Regulations ■ 2. Amend § 503.21 by revising
the Commission certifies that this final
Governing Access to Commission paragraphs (a) introductory text and (c)
rule will not have a significant or
Information and Records; Freedom of introductory text to read as follows:
negative economic impacts on a
Information Act substantial number of small entities. § 503.21 Mandatory public records.
AGENCY: Federal Maritime Commission. Paperwork Reduction Act (PRA) (a) The Commission, as required by
the Freedom of Information Act, 5
ACTION: Final rule. The Paperwork Reduction Act of 1995 U.S.C. 552, is responsible for
SUMMARY: The Federal Maritime requires an agency to seek and receive determining which of its records must
Commission amends its regulations for approval from the Office of Management be made publicly available, for
processing requests for information and and Budget (OMB) before making most identifying additional records of interest
records under the Freedom of requests for information if the agency is to the public that are appropriate for
Information Act (FOIA). The regulations requesting information from more than public disclosure, for posting and
are being revised to incorporate changes ten persons. 44 U.S.C. 3507. The agency indexing such records, and for
brought by amendments to the FOIA must submit collections of information reviewing and updating posted records
under the FOIA Improvement Act of in proposed rules to OMB in and indices on an ongoing basis. The
2016. The Act requires agencies to conjunction with the publication of the Commission makes the following
review their FOIA regulations and issue proposed rulemaking. 5 CFR 1320.11. materials available for public inspection
regulations implementing the This final rule does not impose any in electronic format on its Web site at
amendments no later than 180 days after collections of information, as defined by www.fmc.gov:
enactment. 44 U.S.C. 3502(3) and 5 CFR 1320.3(c). * * * * *
DATES: This rule is effective January 30, National Environmental Policy Act (c) The Commission maintains and
2017. (NEPA) makes available for public inspection in
an electronic format, a current log or
FOR FURTHER INFORMATION CONTACT: This final rule will have no physical index providing identifying information
Mail: Rachel E. Dickon, Assistant impact upon the environment, and for the public as to any matter which is
Secretary, Federal Maritime therefore, will not require any further issued, adopted, or promulgated, and
Commission, 800 North Capitol Street review under NEPA. which is required by paragraph (a) of
NW., Washington, DC 20573–0001.
Regulation Identifier Number this section to be made available or
Phone: (202) 523–5725. Email:
published.
secretary@fmc.gov. The Commission assigns a regulation
* * * * *
SUPPLEMENTARY INFORMATION: On June identifier number (RIN) to each
30, 2016, the President signed into law regulatory action listed in the Unified Subpart D—Requests for Records
the FOIA Improvement Act of 2016. The Agenda of Federal Regulatory and Under the Freedom of Information Act
Act prescribes a range of procedural Deregulatory Actions (Unified Agenda).
requirements that affect the The Regulatory Information Service ■ 3. Amend § 503.32 by revising
Commission’s FOIA regulations, and Center publishes the Unified Agenda in paragraphs (a)(1) and (2), (a)(3)(i)(B),
which this final rule implements, April and October of each year. The RIN and (b)(3) to read as follows:
including requirements that the contained in the heading of this
document may be used to find this § 503.32 Procedures for responding to
Commission: requests made under the Freedom of
• Provide publically available action in the Unified Agenda, available
Information Act.
documents and its FOIA Annual at http://www.reginfo.gov/public/do/
eAgendaMain. (a) * * *
Reports in an electronic format; (1) Such determination shall be made
• provide FOIA requesters the right to List of Subjects in 46 CFR Part 503 by the Secretary within twenty (20)
seek dispute resolution services from business days after receipt of such
the Commission’s FOIA Public Liaison Administrative practices and
request, except as provided in
and/or the Office of Government procedures, Archives and records,
paragraphs (b) and (e)(4) of this section,
Information Services during the FOIA Classified information, Confidential
and the Secretary shall immediately
process; business information, Freedom of
notify the requester of:
sradovich on DSK3GMQ082PROD with RULES

• provide a minimum of 90 days for information, Information, Privacy, (i) Such determination and the
FOIA requesters to file an Records, Reporting and recordkeeping reasons therefor;
administrative appeal; and requirements, Sunshine Act. (ii) The right of such person to seek
• not apply the deliberative process For the reasons set forth in the assistance from the agency’s FOIA
privilege to records created 25 years or preamble, the Federal Maritime Public Liaison; and
more before the date on which the Commission amends 46 CFR part 503 as (iii) In the case of an adverse
records were requested. follows: determination, the right of such

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Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations 2249

requester to appeal to the Chairman no (9) Geological and geophysical Clauses at 552.216–74 Task and
less than 90 days after the date of such information and data, including maps, Delivery Orders. The final rule clarifies
adverse determination, and the right of concerning wells. that the jurisdiction and responsibility
such requester to seek dispute * * * * * to review and resolve fair opportunity
resolution services from the agency’s ■ 5. Amend § 503.34 by revising
complaints placed against GSA
FOIA Public Liaison or the Office of paragraph (b) to read as follows: multiple-award contracts lies with the
Government Information Services. ordering-agency task and delivery order
(2) Upon granting a request, the § 503.34 Annual report of public Ombudsman. Also, the final rule
Secretary shall promptly make records information request activity. requires the ordering agency to include
available to the requestor. Upon denial * * * * * contact information for their task and
of such a request the Secretary shall (b) Each such report shall be made delivery order Ombudsman when
promptly notify the requestor of the available to the public in electronic placing task or delivery orders against
determination, explain the reason for format. GSA multiple-award contracts. Finally,
denial, give an estimate of the volume so that GSA can maintain insight into
By the Commission.
of matter denied, and set forth the fair opportunity complaints that arise on
Rachel E. Dickon, orders other agencies place against these
names and titles or positions of each
person responsible for the denial of the Assistant Secretary. contracts, the final rule requires the
request. [FR Doc. 2016–31891 Filed 1–6–17; 8:45 am] contractor to provide a copy of its
(3)(i) * * * BILLING CODE 6731–AA–P complaint to the GSA Procurement
(B) Be filed not later than 90 days Ombudsman for informational
following receipt of notification of full purposes, at the same time the
or partial denial of records requested. GENERAL SERVICES contractor files its complaint to the
* * * * * ADMINISTRATION ordering agency for action.
(b) * * * II. Public Comments Not Required
(3) If the time limit is extended as 48 CFR Parts 516 and 552
prescribed under this section, and the 41 U.S.C. 1707, Publication of
[Change 81; GSAR Case 2015–G513; Docket
request cannot be processed within the No. 2016–0021; Sequence No. 1]
proposed regulations, applies to the
publication of the General Services
extended time limit, the Secretary shall RIN 3090–AJ79 Administration Acquisition Regulation.
notify the requestor, and either provide
Paragraph (a)(1) of the statute requires
the requestor with an opportunity to General Services Administration that a procurement policy, regulation,
limit the scope of the request so that it Acquisition Regulation (GSAR); Fair procedure, or form (including
may be processed within the time limit, Opportunity Complaints on GSA amendment or modification thereof)
or provide the requestor an opportunity Contracts must be published for public comment
to arrange with the Secretary an
AGENCY: Office of Acquisition Policy, if it has either a significant effect
alternative time frame for processing the
General Services Administration (GSA). beyond the internal operating
request or a modified request. To aid the
procedures of the agency issuing the
requester, the Commission will make ACTION: Final rule.
policy, regulation, procedure, or form,
available its FOIA Public Liaison, who or has a significant cost or
shall assist in the resolution of any SUMMARY: The General Services
Administration (GSA) is issuing a final administrative impact on contractors or
dispute between the requester and the offerors. This final rule is not required
Commission, and notify the requester of rule amending the General Services
Administration Acquisition Regulation to be published for public comment
the right of the requester to seek dispute because it does not have a significant
resolution services from the Office of (GSAR) to clarify that the ordering-
agency task and delivery order impact on the public, contractors or
Government Information Services. offerors. This rule brings internal GSAR
Ombudsman has jurisdiction and
* * * * * policy up-to-date with FAR policy. The
responsibility to review and resolve fair
■ 4. Amend § 503.33 by revising opportunity complaints on tasks and change clarifies internal operating
paragraph (a)(5) and adding paragraphs delivery orders placed against GSA procedures by the Government by
(a)(8) and (9) to read as follows: multiple-award contracts. clarifying GSA’s jurisdiction regarding
fair opportunity complaints. The
§ 503.33 Exceptions to availability of DATES: Effective: January 9, 2017.
proposed rule comment period is
records. FOR FURTHER INFORMATION CONTACT: For impracticable as the FAR has already
(a) * * * clarification of content, contact Ms. directed specific regulatory action.
(5) Inter-agency or intra-agency Dana Davis, General Services
memoranda or letters that would not be Acquisition Policy Division, GSA, by III. Executive Orders 12866 and 13563
available by law to a party other than an telephone at 202–357–9652 or by email Executive Orders (E.O.s) 12866 and
agency in litigation with the at dana.munson@gsa.gov. For 13563 direct agencies to assess all costs
Commission, provided that the information pertaining to status or and benefits of available regulatory
deliberative process privilege shall not publication schedules, contact the alternatives; and, if regulation is
apply to records created 25 years or Regulatory Secretariat at 202–501–4755. necessary, to select regulatory
more before the date on which the Please cite GSAR case 2015–G513. approaches that maximize net benefits
records were requested. SUPPLEMENTARY INFORMATION: (including potential economic,
sradovich on DSK3GMQ082PROD with RULES

* * * * * environmental, public health and safety
(8) Contained in or related to I. Discussion of Changes effects, distributive impacts, and
examination, operating, or condition The General Services Administration equity). E.O. 13563 emphasizes the
reports prepared by, on behalf of, or for (GSA) is issuing a final rule amending importance of quantifying both costs
the use of an agency responsible for the the General Services Administration and benefits, of reducing costs, of
regulation or supervision of financial Acquisition Regulation (GSAR) part 552, harmonizing rules, and of promoting
institutions; or Solicitation Provisions and Contract flexibility. This is not a significant

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Document Created: 2018-10-24 11:09:54
Document Modified: 2018-10-24 11:09:54

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.
Dates		This rule is effective January 30, 2017.
Contact		Mail: Rachel E. Dickon, Assistant Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001. Phone: (202) 523-5725. Email: [email protected]
FR Citation		82 FR 2248
RIN Number		3072-AC66
CFR Associated		Administrative Practices and Procedures; Archives and Records; Classified Information; Confidential Business Information; Freedom of Information; Information; Privacy; Records; Reporting and Recordkeeping Requirements and Sunshine Act