82 FR 28001 - Revisions to Freedom of Information Act Regulations

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 82, Issue 117 (June 20, 2017)

Page Range		28001-28005
FR Document		2017-12775

The Commodity Futures Trading Commission (the ``Commission'') is revising certain provisions of its regulations for disclosing records under the Freedom of Information Act (``FOIA'') to comply with the FOIA Improvement Act of 2016. In addition, the regulations would streamline the language of procedural provisions concerning initial determinations and administrative appeals. The regulations have also been updated to incorporate changes in the Commission's administrative structure, remove superfluous verbiage, and correct inaccurate text.

Federal Register, Volume 82 Issue 117 (Tuesday, June 20, 2017)

[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Rules and Regulations]
[Pages 28001-28005]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-12775]

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COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 145

RIN 3038-AE57

Revisions to Freedom of Information Act Regulations

AGENCY: Commodity Futures Trading Commission.

ACTION: Interim final rule with request for comments.

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SUMMARY: The Commodity Futures Trading Commission (the ``Commission'')
is revising certain provisions of its regulations for disclosing
records under the Freedom of Information Act (``FOIA'') to comply with
the FOIA Improvement Act of 2016. In addition, the regulations would
streamline the language of procedural provisions concerning initial
determinations and administrative appeals. The regulations have also
been updated to incorporate changes in the Commission's administrative
structure, remove superfluous verbiage, and correct inaccurate text.

DATES: Effective Date: This rule is effective July 20, 2017.
Comment Date: Comments must be received on or before August 21,
2017.
Comments submitted by mail will be accepted as timely if they are
postmarked on or before that date.

ADDRESSES: You may submit comments, identified by RIN 3038-AE57, by one
of the following methods:
CFTC Web site: https://comments.cftc.gov. Follow the
instructions for submitting comments through the Comments Online
process on the Web site.
Mail: Christopher Kirkpatrick, Secretary of the
Commission, Commodity Futures Trading Commission, Three Lafayette
Centre, 1155 21st Street NW., Washington, DC 20581.
Hand Delivery/Courier: Same as Mail, above.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Please submit your comments using only one method.
Instructions: All submissions received must include the agency name
and RIN number for this rulemaking. For additional details on
submitting comments, see the ``Public Participation'' heading of the
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Candace Ambrose, Counsel, Office of
the General Counsel, (202) 418-5192.

SUPPLEMENTARY INFORMATION: This rule revises the Commission's FOIA
regulations to incorporate certain changes codified by the FOIA
Improvement Act of 2016, Public Law 114-185, 130 Stat. 538 (June 30,
2016) (``Act''). The Act requires each agency to review its regulations
and issue new regulations in accordance with the Act's provisions. The
Act requires agencies to notify requesters of the availability of
dispute resolution services from the agency's FOIA Public Liaison and
the National Archives and Records Administration's Office of Government
Information Services (``OGIS''). The Act also incorporates the
Department of Justice's foreseeable harm standard, specifying that an
agency shall withhold information only if the agency reasonably
foresees that disclosure would harm an interest protected by an
exemption. 5 U.S.C. 552(a)(8)(A)(i)(I). This provision requires
agencies to consider whether partial disclosure is possible and to take
reasonable steps to segregate and release nonexempt information. In
accordance with the Act, this rule incorporates the sunset provision
for the deliberative process privilege. The Act also increases the time
limit for requesters to file an administrative appeal to 90 days. This
rule updates the Commission's regulations in 17 CFR part 145 to
incorporate those statutory changes. This rule also contains several
technical amendments to reflect the Commission's current organizational
structure, eliminate unnecessary text, and correct erroneous citations.
Section 145.0 (Definitions) is revised to (1) eliminate the term
Assistant Secretary because the position referred to--Assistant
Secretary of the Commission for FOI, Privacy, and Sunshine Acts
Compliance--is defunct; (2) update the definition of Compliance Staff
to reflect the current organizational structure; and (3) add paragraph
letters before each defined term for easier cross-reference throughout
part 145.
Section 145.4 (Public records available with identifying details
deleted; nonpublic records available in abridged or summary form) is
revised to update cross-references with the paragraph letters
corresponding to the defined terms.
Section 145.5 (Disclosure of nonpublic records) is revised to
incorporate the foreseeable harm standard codified by the Act, which
provides that an agency shall withhold information under FOIA only if
the agency reasonably foresees that disclosure would harm an interest
protected by an exemption, or disclosure is prohibited by law. This
section is also revised to reflect the requirement in the Act that
agencies consider whether partial disclosure of information is possible
whenever agencies determine that full disclosure of a requested record
is not possible.
Paragraph (e) of Sec. 145.5 is revised to include the three
traditional privileges incorporated into Exemption 5 of FOIA and to
conform to the requirement of the Act which states that the
deliberative process privilege shall not apply to records created 25
years or more before the date on which the records were requested. This
paragraph is also revised to remove superfluous text concerning
Exemption 5.
Section 145.6 (Commission offices to contact for assistance;
registration records available) is revised to reflect the current
addressee for requests for non-public records and to reflect the
current addresses for the regional offices.
Paragraph (b) of Sec. 145.7 (Requests for Commission records and
copies thereof) is revised to indicate to whom requests for nonpublic
records should be addressed and to delete references to Assistant
Secretary of the Commission for FOI, Privacy and Sunshine Acts
Compliance since that position is defunct, as noted above.
Paragraph (c) of Sec. 145.7 is revised to remove oral requests for
records because requests for records should be submitted in a written
format for record keeping purposes and to eliminate unnecessary text
concerning misdirected requests.
Paragraph (f) of Sec. 145.7 is revised to replace the term
Assistant Secretary with Office of General Counsel because the
Assistant Secretary of the Commission for FOI, Privacy and Sunshine
Acts Compliance position is defunct.
Paragraph (g) of Sec. 145.7 is revised to correct erroneous text
and to replace the term Assistant Secretary with Office of General
Counsel because the Assistant Secretary of the Commission for FOI,
Privacy and Sunshine Acts Compliance position is defunct.
Paragraph (h) of Sec. 145.7 is revised to replace references to
Assistant Secretary with the term Compliance Staff or Office of General
Counsel where appropriate. This paragraph is also revised to
incorporate the Act's requirement that

[[Page 28002]]

an affirmative determination informs the requester of the availability
of assistance from the FOIA Public Liaison. Additionally, this
paragraph is revised to incorporate the Act's requirement that an
adverse determination informs the requester of the right to seek
dispute resolution services from the FOIA Public Liaison and from OGIS.
Further, this paragraph is revised to provide requesters an opportunity
to modify the request and to seek assistance from the FOIA Public
Liaison if the request involves unusual circumstances. This paragraph
is also revised to conform to the requirement under the Act that
agencies inform requesters of the right to seek dispute resolution
services from OGIS if the request involves unusual circumstances.
Paragraph (i) of Sec. 145.7 is revised to extend the time to file
an administrative appeal to 90 days in conformity with the Act.
Further, this paragraph is revised to include the requirement under the
Act to inform the requester of mediation services offered by OGIS. This
paragraph is also revised to streamline the process for administrative
reviews and to replace the term Assistant Secretary with the term
Compliance Staff because the Assistant Secretary of the Commission for
FOI, Privacy and Sunshine Acts Compliance position is defunct.
Moreover, this paragraph corrects typographical errors.
Paragraph (j) of Sec. 145.7 is revised to replace the term
Assistant Secretary with the term Compliance Staff because the
Assistant Secretary of the Commission for FOI, Privacy and Sunshine
Acts Compliance position is defunct.
Section 145.8 (Fees for records services) is revised to replace the
term Assistant Secretary with the term Compliance Staff because the
Assistant Secretary of the Commission for FOI, Privacy and Sunshine
Acts Compliance position is defunct.

Public Participation

The Commission is issuing an interim rule to revise its FOIA
regulations because these changes merely reflect the statutory
amendments to FOIA that are contained in the Act. This approach enables
these regulatory changes to take effect sooner than would be possible
with the publication of a Notice of Proposed Rulemaking in advance.
Nonetheless, the Commission welcomes public comments from interested
persons regarding any aspect of the changes made by this interim final
rule. Please refer to the ADDRESSES section above. The Commission will
consider all public comments in drafting the final rule.
All comments must be submitted in English, or if not, accompanied
by an English translation. Except as described below regarding
confidential business information, all comments are considered part of
the public record and will be posted as received to http://comments.cftc.gov for public inspection. The information made available
online includes personal identifying information (such as name and
address) which is voluntarily submitted by the commenter. You should
submit only information that you wish to make available publicly.
If you want to submit material that you consider to be confidential
business information as part of your comment, but do not want it to be
posted online, you must submit your comment by mail or hand delivery/
courier and include a petition for confidential treatment as described
in Sec. 145.9 of the Commission's regulations, 17 CFR 145.9.
The Commission reserves the right, but shall have no obligation, to
review, pre-screen, filter, redact, refuse or remove any or all of your
submission from http://comments.cftc.gov that it may deem to be
inappropriate for publication, such as obscene language. All
submissions that have been redacted or removed that contain comments on
the merits of the rulemaking will be retained in the rulemaking record
and will be considered as required under the Administrative Procedure
Act and other applicable laws, and may be accessible under the FOIA.

Regulatory Certifications

Administrative Procedure Act. The Administrative Procedure Act
(``APA''), 5 U.S.C. 553 et seq., requires federal agencies to publish a
notice of proposed rulemaking and provide an opportunity for public
comment before issuing a new rule. Rules are exempt from notice and
comment if they are interpretive rules, general statements of policy,
or rules of agency organization, procedure, or practice. 5 U.S.C.
553(b)(3)(A). The Commission has determined that this exception
applies. The subject rules do not change the substantive standards the
agency applies in implementing FOIA to the extent they conform to the
changes codified in the Act. Also, the Commission has determined that
the rules concern its organization, procedure, and practice because
they make updates to accurately reflect the organizational structure of
the agency. Furthermore, an agency may also issue a new rule without a
pre-publication public comment period when it for ``good cause'' finds
that prior notice and comment is ``impracticable, unnecessary, or
contrary to the public interest.'' 5 U.S.C. 553(b)(3)(B). The
Commission has determined that there is good cause to find that a pre-
publication comment period is unnecessary. These revisions to the
existing regulations in 17 CFR part 145 codify statutory changes and
are technical-administrative in nature. For these reasons, the
Commission's implementation of this rule as an interim final rule, with
provision for post-promulgation public comment, is in accordance with
section 553(b) of the APA.
Regulatory Flexibility Act. The Regulatory Flexibility Act, 5
U.S.C. 601 et seq., requires federal agencies to consider whether the
rules they propose will have a significant economic impact on a
substantial number of small entities and, if so, to provide a
regulatory flexibility analysis regarding the economic impact on those
entities. This rule amends the Commission's FOIA regulations to
incorporate certain statutory changes required by the Act, and to
reflect updates to the Commission's internal administrative structure
and to make editorial changes to the regulations. Because the
Commission is not required to publish a notice of proposed rulemaking
for this rule, a regulatory flexibility analysis is not required. 5
U.S.C. 603(a).
Paperwork Reduction Act. The Paperwork Reduction Act (``PRA''), 5
U.S.C. 3501 et seq., imposes certain requirements on federal agencies
in connection with their conducting or sponsoring any collection of
information. This rule does not contain any new collection of
information requirements within the meaning of the PRA. Thus, the PRA
is inapplicable to this rule.

List of Subjects in 17 CFR Part 145

Administrative practice and procedure, Freedom of information.

For the reasons stated in the preamble, the Commodity Futures
Trading Commission amends 17 CFR part 145 as set forth below:

PART 145--COMMISSION RECORDS AND INFORMATION

0
1. The authority citation for part 145 is revised to read as follows:

Authority: Pub. L. 99-570, 100 Stat. 3207; Pub. L. 89-554, 80
Stat. 383; Pub. L. 90-23, 81 Stat. 54; Pub. L. 98-502, 88 Stat.
1561-1564 (5 U.S.C. 552); Sec. 101(a), Pub. L. 93-463, 88 Stat. 1389
(5 U.S.C. 4a(j)); Pub. L. 114-185, 130 Stat. 538; unless otherwise
noted.
Section 145.5 is also issued under 5 U.S.C. 552, 5 U.S.C. 552b,
and secs. 2(a)(11), 4b, 4f,

[[Page 28003]]

4g, 5a, 8a, and 17 of the Commodity Exchange Act, 7 U.S.C. 2, 4a(j),
6b, 6f, 6g, 7a, 12a, and 21, as amended, 92 Stat. 865 et seq.; secs.
2(a)(1), 4c(a)-(d), 4d, 4f, 4g, 4k, 4m, 4n, 8a, 15 and 17, Commodity
Exchange Act (7 U.S.C. 2, 4, 6c(a)-(d), 6f, 6g, 6k, 6m, 6n, 12a, 19
and 21; 5 U.S.C. 552 and 552b); secs. 2(a)(11) and 8 of the
Commodity Exchange Act, 7 U.S.C. 4(j) and 12 (1983); secs. 8a(5) and
19 of the Commodity Exchange Act, as amended, 7 U.S.C. 12a(5) and 23
(1982); 5 U.S.C. 552 and 552b.
Section 145.6 is also issued under 7 U.S.C. 2, 4, 6, and 12;
secs. 2(a)(1), 4c, 4d, 4e, 4f, 4k, 4m, 4n, 4p, 8, 8a and 19 of the
Commodity Exchange Act (7 U.S.C. 2 and 4, 6c, 6d, 6e, 6f, 6k, 6m,
6n, 6p, 12, 12a and 23 (1982)); 5 U.S.C. 552 and 552b.
Section 145.8 is also issued under 7 U.S.C. 4a(j) and 16a as
amended by Pub. L. 97-444, 96 Stat. 2294 (1983), and 5 U.S.C. 552,
552a and 552b.

0
2. Revise Sec. 145.0 to read as follows:

Sec. 145.0 Definitions.

For the purposes of part 145 the following definitions are
applicable:
(a) Compliance staff--refers to the FOI Compliance Staff of the
Office of General Counsel at the Commission's principal office in
Washington, DC assigned to respond to requests for information and to
handle various other matters under the Freedom of Information Act.
(b) Public records--in addition to the records described in Sec.
145.1 (material published in the Federal Register) and in Sec. 145.2
(records required to be made publicly available under the Freedom of
Information Act), includes those records that have been determined by
the Commission to be generally available to the public directly upon
oral or written request from the Commission office or division
responsible for the maintenance of such records. A compilation of
Commission records routinely available to the public upon request
appears in appendix A to this part 145.
(c) Nonpublic records--are records not identified in Sec. 145.1,
Sec. 145.2, or appendix A of this part 145. Nonpublic records must be
requested, in writing, in accordance with the provisions of Sec.
145.7.
(d) Record--is any information or agency record maintained by the
Commission in any format, including an electronic format. It includes
any document, writing, photograph, sound or magnetic recording,
videotape, microfiche, drawing, or computer-stored information or
output in the possession of the Commission. The term ``record'' does
not include personal convenience materials over which the Commission
has no control, such as appointment calendars and handwritten notes,
which may be retained or destroyed at an employee's discretion.

0
3. Amend Sec. 145.4 by revising the first sentence of paragraph (a)
and by revising paragraph (b) to read as follows:

Sec. 145.4 Public records available with identifying details deleted;
nonpublic records available in abridged or summary form.

(a) To the extent required to prevent a clearly unwarranted
invasion of personal privacy, the Commission may delete identifying
details when it makes available ``public records'' as defined in Sec.
145.0(b). * * *
(b) Certain ``nonpublic records,'' as defined in Sec. 145.0(c),
may, as authorized by the Commission, be made available for public
inspection and copying in an abridged or summary form, with identifying
details deleted.

0
4. In Sec. 145.5, revise the introductory text and paragraph (e) to
read as follows:

Sec. 145.5 Disclosure of nonpublic records.

The Commission shall withhold information in ``nonpublic records,''
as defined in Sec. 145.0(c), only if the Commission reasonably
foresees that disclosure would harm an interest protected by an
exemption described in paragraphs (a) through (i) of this section, or
if disclosure is prohibited by law. The Commission shall consider
whether partial disclosure of information is possible whenever the
Commission determines that a full disclosure of the requested record is
not possible. The Commission shall take reasonable steps necessary to
segregate and release nonexempt information in ``nonpublic records''
subject to a request under Sec. 145.7 if those portions do not fall
within an exemption described in paragraphs (a) through (i) of this
section.
* * * * *
(e) Inter-agency or intra-agency memoranda or letters, except those
which by law would routinely be made available to a party other than an
agency in litigation with the Commission. Exemption 5 (5 U.S.C.
552(b)(5)) protects inter-agency or intra-agency communications that
are protected by legal privileges, such as the attorney-client
privilege, the attorney work-product privilege, and the deliberative
process privilege. The deliberative process privilege shall not apply
to records created 25 years or more before the date on which the
records were requested.
* * * * *

0
5. In Sec. 145.6, revise paragraph (a) to read as follows:

Sec. 145.6 Commission offices to contact for assistance; registration
records available.

(a) All requests for non-public records shall be made in writing
and shall be addressed or otherwise directed to the Office of General
Counsel, Commodity Futures Trading Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC 20581. Requests for public records
directed to a regional office of the Commission pursuant to Sec. 145.2
should be sent to:

Commodity Futures Trading Commission, 140 Broadway, 19th Floor, New
York, New York 10005, Telephone: (646) 746-9700.
Commodity Futures Trading Commission, 525 West Monroe Street, Suite
1100, Chicago, Illinois 60661, Telephone: (312) 596-0700.
Commodity Futures Trading Commission, 4900 Main Street, Suite 500,
Kansas City, Missouri 64112, Telephone: (816) 960-7700.
* * * * *

0
6. Amend Sec. 145.7 as follows:
0
a. Revise paragraphs (b), (c), (f), and (g);
0
b. Revise paragraphs (h)(1) and (2) and paragraph (h)(3) introductory
text;
0
c. Revise paragraphs (i)(2) and (5), (i)(6) introductory text, and
(i)(6)(iii) and (i)(7); and
0
d. Revise paragraph (j).
The revisions read as follows:

Sec. 145.7 Requests for Commission records and copies thereof.

* * * * *
(b) Requests for nonpublic records. Except as provided in paragraph
(a) of this section with respect to public records, all requests for
records maintained by the Commission shall be in writing, shall be
addressed to the Office of General Counsel of the Commission and shall
be clearly marked ``Freedom of Information Act Request.''
(c) Misdirected written requests. The Commission cannot ensure that
a timely or satisfactory response will be given to requests for records
that are directed to the Commission other than in the manner prescribed
in paragraph (b) of this section. Any misdirected written request for
nonpublic records should be promptly forwarded to the Office of General
Counsel of the Commission. Misdirected requests for nonpublic records
will be considered to have been received for purposes of this section
only when they actually have been received by the Office of General
Counsel.
* * * * *
(f) Request for existing records. The Commission's response to a
request for nonpublic records will encompass all

[[Page 28004]]

nonpublic records identifiable as responsive to the request that are in
existence on the date that the written request is received by the
Office of General Counsel. The Commission need not create a new record
in response to a FOIA request.
(g) Fee agreement. A request for copies of records pursuant to
paragraph (b) of this section must indicate the requester's agreement
to pay all fees that are associated with the processing of the request,
in accordance with the rates set forth in appendix B to this part, or
the requester's intention to limit the fees incurred to a stated
amount. If the requester states a fee limitation, no work will be done
that will result in fees beyond the stated amount. A requester who
seeks a waiver or reduction of fees pursuant to paragraph (b) of
appendix B of this part must show that such a waiver or reduction would
be in the public interest. If the Office of General Counsel receives a
request for records under paragraph (b) of this section from a
requester who has not paid fees from a previous request in accordance
with appendix B of this part, the staff will decline to process the
request until such fees have been paid.
(h) Initial determination, denials. (1) With respect to any request
for nonpublic records as defined in Sec. 145.0(c), the Compliance
Staff of the Commission will forward the request to the Commission
divisions or offices likely to maintain records that are responsive to
the request. If a responsive record is located, the Compliance Staff
will, in consultation with the Commission office in which the record
was located, determine whether to comply with such request. The
Compliance Staff may, in their discretion, determine whether to comply
with any portion of a request for nonpublic records before considering
the remainder of the request. The Compliance Staff will inform the
requester of the availability of the Commission's FOIA Public Liaison
to offer assistance.
(2) Where it is determined to deny, in whole or in part, a request
for nonpublic records, the Compliance Staff will notify the requester
of the denial, citing applicable exemptions of the Freedom of
Information Act or other provisions of law that require or allow the
records to be withheld. The Compliance Staff's response to the FOIA
request should describe in general terms what categories of documents
are being withheld under which applicable FOIA exemption or exemptions.
The Compliance Staff's response will include a statement notifying the
requester of the right to seek dispute resolution services from the
Commission's FOIA Public Liaison and the National Archives and Records
Administration's Office of Government Information Services. The
Compliance Staff, in denying an initial request for records, is not
required to provide the requester with an inventory of those documents
determined to be exempt from disclosure.
(3) The Compliance Staff will issue an initial determination with
respect to a FOIA request within twenty business days after receipt by
the Office of General Counsel. In unusual circumstances, as defined in
this paragraph, the prescribed time limit may be extended by written
notice to the person making a request for a record or a copy. The
notice shall set forth the reasons for the extension and the date on
which a determination is expected to be dispatched. Where the extension
exceeds ten business days, the Compliance Staff will provide the
requester with an opportunity to modify the request or arrange an
alternative time period for processing the original or modified
request. The Compliance Staff or the FOIA Public Liaison is available
to assist the requester in unusual circumstances. The Compliance Staff
will notify the requester of the right to seek dispute resolution
services from the Office of Government Information Services. As used in
this paragraph, ``unusual circumstances'' means, but only to the extent
reasonably necessary to the proper processing of a particular request:
* * * * *
(i) * * *
(2) An application for review must be received by the Office of
General Counsel within 90 days of the date of the denial by the
Compliance Staff. This 90-day period shall not begin to run until the
Compliance Staff has issued an initial determination with respect to
all portions of the request for nonpublic records. An application for
review shall be in writing and shall be marked ``Freedom of Information
Act Appeal'' and be sent to the Commission's Office of General Counsel.
If the appeal involves information as to which the FOIA requester has
received a detailed written justification of a request for confidential
treatment pursuant to Sec. 145.9(e), the requester must also serve a
copy of the appeal on the submitter of the information.
* * * * *
(5) If the appeal involves information that is subject to a
petition for confidential treatment filed under Sec. 145.9, the
submitter of the information shall have an opportunity to respond in
writing to the appeal within 10 business days of the date of filing the
appeal. Any response shall be sent to the Commission's Office of
General Counsel. Copies shall be sent to the person requesting the
information.
(6) The General Counsel, or his or her designee, shall have the
authority to consider all appeals under this section from initial
determinations of the Compliance Staff of the Commission. The General
Counsel, or his or her designee, may:
* * * * *
(iii) Remand the matter to the Compliance Staff--
(A) To correct a deficiency in the initial processing of the
request, or
(B) When an investigation as to which the staff originally claimed
exemption from mandatory disclosure on the basis of 5 U.S.C.
555(b)(7)(A) or 7 U.S.C. 12(a) is subsequently closed; or
* * * * *
(7) If the initial denial of the request for nonpublic records is
reversed, the Office of General Counsel shall, in writing, advise the
requester that the records will be available on or after a specified
date. If, on appeal, the denial of access to a record is affirmed in
whole or in part, the person who requested the information shall be
notified in writing of:
(i) The reasons for the denial,
(ii) The mediation services offered by the Office of Government
Information Services as a non-exclusive alternative to litigation, and
(iii) The provisions of 5 U.S.C. 552(a)(4) providing for judicial
review of a determination to withhold records.
(j) Expedited processing. A request may be given expedited
processing if the requester demonstrates a compelling need for the
requested records. For purposes of this provision, the term
``compelling need'' means: That a failure to obtain requested records
on an expedited basis could reasonably be expected to pose an imminent
threat to the life or physical safety of an individual; or with respect
to a request made by a person primarily engaged in disseminating
information, urgency to inform the public concerning actual or alleged
federal government activity. A requester who seeks expedited processing
must demonstrate a compelling need by submitting a statement that is
certified by the requester to be true and correct to the best of that
person's knowledge and belief. The Compliance Staff will determine
whether to provide expedited processing, and notice of the
determination will be provided to requester, within ten days after the
date

[[Page 28005]]

of the request. If the request for expedited processing is denied, the
requester may file an appeal with the Office of General Counsel within
ten days of the date of the denial by the Compliance Staff. The Office
of General Counsel will respond to the appeal within ten days after the
date of the appeal.

0
7. Revise Sec. 145.8 to read as follows:

Sec. 145.8 Fees for records services.

A schedule of fees for record services, including locating, and
making records available, and copying, appears in appendix B to this
part. Copies of the schedule of fees may also be obtained upon request
made in person, by telephone or by mail from the Compliance Staff or at
any regional office of the Commission.

Issued in Washington, DC, on June 14, 2017, by the Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.

Note: The following appendix will not appear in the Code of
Federal Regulations.

Appendix to Revisions to Freedom of Information Act Regulations--
Commission Voting Summary

On this matter, Acting Chairman Giancarlo and Commissioner Bowen
voted in the affirmative. No Commissioner voted in the negative.

[FR Doc. 2017-12775 Filed 6-19-17; 8:45 am]
BILLING CODE 6351-01-P

Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations 28001

Newport News, VA, Newport News/ number for this rulemaking. For Section 145.5 (Disclosure of
Williamsburg Intl, RNAV (GPS) RWY 20, additional details on submitting nonpublic records) is revised to
Amdt 2B comments, see the ‘‘Public incorporate the foreseeable harm
Newport News, VA, Newport News/
Participation’’ heading of the standard codified by the Act, which
Williamsburg Intl, RNAV (GPS) RWY 25,
Amdt 3 SUPPLEMENTARY INFORMATION section of provides that an agency shall withhold
this document. information under FOIA only if the
[FR Doc. 2017–12464 Filed 6–19–17; 8:45 am]
FOR FURTHER INFORMATION CONTACT: agency reasonably foresees that
BILLING CODE 4910–13–P
Candace Ambrose, Counsel, Office of disclosure would harm an interest
the General Counsel, (202) 418–5192. protected by an exemption, or
SUPPLEMENTARY INFORMATION: This rule
disclosure is prohibited by law. This
COMMODITY FUTURES TRADING section is also revised to reflect the
COMMISSION revises the Commission’s FOIA
regulations to incorporate certain requirement in the Act that agencies
changes codified by the FOIA consider whether partial disclosure of
17 CFR Part 145 information is possible whenever
Improvement Act of 2016, Public Law
RIN 3038–AE57
114–185, 130 Stat. 538 (June 30, 2016) agencies determine that full disclosure
of a requested record is not possible.
Revisions to Freedom of Information (‘‘Act’’). The Act requires each agency to
Paragraph (e) of § 145.5 is revised to
Act Regulations review its regulations and issue new
include the three traditional privileges
regulations in accordance with the Act’s incorporated into Exemption 5 of FOIA
AGENCY: Commodity Futures Trading provisions. The Act requires agencies to
Commission. and to conform to the requirement of the
notify requesters of the availability of Act which states that the deliberative
ACTION: Interim final rule with request dispute resolution services from the process privilege shall not apply to
for comments. agency’s FOIA Public Liaison and the records created 25 years or more before
National Archives and Records the date on which the records were
SUMMARY: The Commodity Futures Administration’s Office of Government
Trading Commission (the requested. This paragraph is also
Information Services (‘‘OGIS’’). The Act revised to remove superfluous text
‘‘Commission’’) is revising certain also incorporates the Department of
provisions of its regulations for concerning Exemption 5.
Justice’s foreseeable harm standard, Section 145.6 (Commission offices to
disclosing records under the Freedom of
specifying that an agency shall withhold contact for assistance; registration
Information Act (‘‘FOIA’’) to comply
information only if the agency records available) is revised to reflect
with the FOIA Improvement Act of
reasonably foresees that disclosure the current addressee for requests for
2016. In addition, the regulations would
would harm an interest protected by an non-public records and to reflect the
streamline the language of procedural
exemption. 5 U.S.C. 552(a)(8)(A)(i)(I). current addresses for the regional
provisions concerning initial
This provision requires agencies to offices.
determinations and administrative
consider whether partial disclosure is Paragraph (b) of § 145.7 (Requests for
appeals. The regulations have also been
possible and to take reasonable steps to Commission records and copies thereof)
updated to incorporate changes in the
segregate and release nonexempt is revised to indicate to whom requests
Commission’s administrative structure,
remove superfluous verbiage, and information. In accordance with the Act, for nonpublic records should be
correct inaccurate text. this rule incorporates the sunset addressed and to delete references to
provision for the deliberative process Assistant Secretary of the Commission
DATES: Effective Date: This rule is
privilege. The Act also increases the for FOI, Privacy and Sunshine Acts
effective July 20, 2017.
time limit for requesters to file an Compliance since that position is
Comment Date: Comments must be
administrative appeal to 90 days. This defunct, as noted above.
received on or before August 21, 2017.
Comments submitted by mail will be rule updates the Commission’s Paragraph (c) of § 145.7 is revised to
accepted as timely if they are regulations in 17 CFR part 145 to remove oral requests for records because
postmarked on or before that date. incorporate those statutory changes. requests for records should be submitted
This rule also contains several technical in a written format for record keeping
ADDRESSES: You may submit comments,
amendments to reflect the Commission’s purposes and to eliminate unnecessary
identified by RIN 3038–AE57, by one of
current organizational structure, text concerning misdirected requests.
the following methods:
• CFTC Web site: https:// eliminate unnecessary text, and correct Paragraph (f) of § 145.7 is revised to
comments.cftc.gov. Follow the erroneous citations. replace the term Assistant Secretary
instructions for submitting comments Section 145.0 (Definitions) is revised with Office of General Counsel because
through the Comments Online process to (1) eliminate the term Assistant the Assistant Secretary of the
on the Web site. Secretary because the position referred Commission for FOI, Privacy and
• Mail: Christopher Kirkpatrick, to—Assistant Secretary of the Sunshine Acts Compliance position is
Secretary of the Commission, Commission for FOI, Privacy, and defunct.
Commodity Futures Trading Sunshine Acts Compliance—is defunct; Paragraph (g) of § 145.7 is revised to
Commission, Three Lafayette Centre, (2) update the definition of Compliance correct erroneous text and to replace the
1155 21st Street NW., Washington, DC Staff to reflect the current organizational term Assistant Secretary with Office of
20581. structure; and (3) add paragraph letters General Counsel because the Assistant
• Hand Delivery/Courier: Same as before each defined term for easier Secretary of the Commission for FOI,
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Mail, above. cross-reference throughout part 145. Privacy and Sunshine Acts Compliance
• Federal eRulemaking Portal: http:// Section 145.4 (Public records position is defunct.
www.regulations.gov. Follow the available with identifying details Paragraph (h) of § 145.7 is revised to
instructions for submitting comments. deleted; nonpublic records available in replace references to Assistant Secretary
Please submit your comments using abridged or summary form) is revised to with the term Compliance Staff or Office
only one method. update cross-references with the of General Counsel where appropriate.
Instructions: All submissions received paragraph letters corresponding to the This paragraph is also revised to
must include the agency name and RIN defined terms. incorporate the Act’s requirement that

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28002 Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations

an affirmative determination informs All comments must be submitted in unnecessary, or contrary to the public
the requester of the availability of English, or if not, accompanied by an interest.’’ 5 U.S.C. 553(b)(3)(B). The
assistance from the FOIA Public English translation. Except as described Commission has determined that there
Liaison. Additionally, this paragraph is below regarding confidential business is good cause to find that a pre-
revised to incorporate the Act’s information, all comments are publication comment period is
requirement that an adverse considered part of the public record and unnecessary. These revisions to the
determination informs the requester of will be posted as received to http:// existing regulations in 17 CFR part 145
the right to seek dispute resolution comments.cftc.gov for public inspection. codify statutory changes and are
services from the FOIA Public Liaison The information made available online technical-administrative in nature. For
and from OGIS. Further, this paragraph includes personal identifying these reasons, the Commission’s
is revised to provide requesters an information (such as name and address) implementation of this rule as an
opportunity to modify the request and which is voluntarily submitted by the interim final rule, with provision for
to seek assistance from the FOIA Public commenter. You should submit only post-promulgation public comment, is
Liaison if the request involves unusual information that you wish to make in accordance with section 553(b) of the
circumstances. This paragraph is also available publicly. APA.
revised to conform to the requirement If you want to submit material that Regulatory Flexibility Act. The
under the Act that agencies inform you consider to be confidential business Regulatory Flexibility Act, 5 U.S.C. 601
requesters of the right to seek dispute information as part of your comment, et seq., requires federal agencies to
resolution services from OGIS if the but do not want it to be posted online, consider whether the rules they propose
request involves unusual circumstances. you must submit your comment by mail will have a significant economic impact
Paragraph (i) of § 145.7 is revised to or hand delivery/courier and include a on a substantial number of small entities
extend the time to file an administrative petition for confidential treatment as and, if so, to provide a regulatory
appeal to 90 days in conformity with the described in § 145.9 of the flexibility analysis regarding the
Act. Further, this paragraph is revised to Commission’s regulations, 17 CFR economic impact on those entities. This
include the requirement under the Act 145.9. rule amends the Commission’s FOIA
to inform the requester of mediation The Commission reserves the right, regulations to incorporate certain
services offered by OGIS. This but shall have no obligation, to review, statutory changes required by the Act,
paragraph is also revised to streamline pre-screen, filter, redact, refuse or and to reflect updates to the
the process for administrative reviews remove any or all of your submission Commission’s internal administrative
and to replace the term Assistant from http://comments.cftc.gov that it structure and to make editorial changes
Secretary with the term Compliance may deem to be inappropriate for to the regulations. Because the
Staff because the Assistant Secretary of publication, such as obscene language. Commission is not required to publish
the Commission for FOI, Privacy and All submissions that have been redacted
a notice of proposed rulemaking for this
Sunshine Acts Compliance position is or removed that contain comments on
rule, a regulatory flexibility analysis is
defunct. Moreover, this paragraph the merits of the rulemaking will be
not required. 5 U.S.C. 603(a).
corrects typographical errors. retained in the rulemaking record and
Paperwork Reduction Act. The
Paragraph (j) of § 145.7 is revised to will be considered as required under the
Paperwork Reduction Act (‘‘PRA’’), 5
replace the term Assistant Secretary Administrative Procedure Act and other
U.S.C. 3501 et seq., imposes certain
with the term Compliance Staff because applicable laws, and may be accessible
requirements on federal agencies in
the Assistant Secretary of the under the FOIA.
connection with their conducting or
Commission for FOI, Privacy and
Regulatory Certifications sponsoring any collection of
Sunshine Acts Compliance position is
Administrative Procedure Act. The information. This rule does not contain
defunct.
Section 145.8 (Fees for records Administrative Procedure Act (‘‘APA’’), any new collection of information
services) is revised to replace the term 5 U.S.C. 553 et seq., requires federal requirements within the meaning of the
Assistant Secretary with the term agencies to publish a notice of proposed PRA. Thus, the PRA is inapplicable to
Compliance Staff because the Assistant rulemaking and provide an opportunity this rule.
Secretary of the Commission for FOI, for public comment before issuing a List of Subjects in 17 CFR Part 145
Privacy and Sunshine Acts Compliance new rule. Rules are exempt from notice
and comment if they are interpretive Administrative practice and
position is defunct.
rules, general statements of policy, or procedure, Freedom of information.
Public Participation rules of agency organization, procedure, For the reasons stated in the
The Commission is issuing an interim or practice. 5 U.S.C. 553(b)(3)(A). The preamble, the Commodity Futures
rule to revise its FOIA regulations Commission has determined that this Trading Commission amends 17 CFR
because these changes merely reflect the exception applies. The subject rules do part 145 as set forth below:
statutory amendments to FOIA that are not change the substantive standards the
contained in the Act. This approach agency applies in implementing FOIA to PART 145—COMMISSION RECORDS
enables these regulatory changes to take the extent they conform to the changes AND INFORMATION
effect sooner than would be possible codified in the Act. Also, the
■ 1. The authority citation for part 145
with the publication of a Notice of Commission has determined that the
is revised to read as follows:
Proposed Rulemaking in advance. rules concern its organization,
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Nonetheless, the Commission welcomes procedure, and practice because they Authority: Pub. L. 99–570, 100 Stat. 3207;
public comments from interested make updates to accurately reflect the Pub. L. 89–554, 80 Stat. 383; Pub. L. 90–23,
persons regarding any aspect of the organizational structure of the agency. 81 Stat. 54; Pub. L. 98–502, 88 Stat. 1561–
1564 (5 U.S.C. 552); Sec. 101(a), Pub. L. 93–
changes made by this interim final rule. Furthermore, an agency may also issue 463, 88 Stat. 1389 (5 U.S.C. 4a(j)); Pub. L.
Please refer to the ADDRESSES section a new rule without a pre-publication 114–185, 130 Stat. 538; unless otherwise
above. The Commission will consider public comment period when it for noted.
all public comments in drafting the final ‘‘good cause’’ finds that prior notice and Section 145.5 is also issued under 5 U.S.C.
rule. comment is ‘‘impracticable, 552, 5 U.S.C. 552b, and secs. 2(a)(11), 4b, 4f,

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Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations 28003

4g, 5a, 8a, and 17 of the Commodity may be retained or destroyed at an § 145.6 Commission offices to contact for
Exchange Act, 7 U.S.C. 2, 4a(j), 6b, 6f, 6g, 7a, employee’s discretion. assistance; registration records available.
12a, and 21, as amended, 92 Stat. 865 et seq.; (a) All requests for non-public records
secs. 2(a)(1), 4c(a)–(d), 4d, 4f, 4g, 4k, 4m, 4n, ■ 3. Amend § 145.4 by revising the first
shall be made in writing and shall be
8a, 15 and 17, Commodity Exchange Act (7 sentence of paragraph (a) and by
U.S.C. 2, 4, 6c(a)–(d), 6f, 6g, 6k, 6m, 6n, 12a,
addressed or otherwise directed to the
revising paragraph (b) to read as follows:
19 and 21; 5 U.S.C. 552 and 552b); secs. Office of General Counsel, Commodity
2(a)(11) and 8 of the Commodity Exchange § 145.4 Public records available with Futures Trading Commission, Three
Act, 7 U.S.C. 4(j) and 12 (1983); secs. 8a(5) identifying details deleted; nonpublic Lafayette Centre, 1155 21st Street NW.,
and 19 of the Commodity Exchange Act, as records available in abridged or summary Washington, DC 20581. Requests for
amended, 7 U.S.C. 12a(5) and 23 (1982); 5 form. public records directed to a regional
U.S.C. 552 and 552b. office of the Commission pursuant to
(a) To the extent required to prevent
Section 145.6 is also issued under 7 U.S.C. § 145.2 should be sent to:
2, 4, 6, and 12; secs. 2(a)(1), 4c, 4d, 4e, 4f, a clearly unwarranted invasion of
4k, 4m, 4n, 4p, 8, 8a and 19 of the personal privacy, the Commission may Commodity Futures Trading
Commodity Exchange Act (7 U.S.C. 2 and 4, delete identifying details when it makes Commission, 140 Broadway, 19th
6c, 6d, 6e, 6f, 6k, 6m, 6n, 6p, 12, 12a and 23 available ‘‘public records’’ as defined in Floor, New York, New York 10005,
(1982)); 5 U.S.C. 552 and 552b. § 145.0(b). * * * Telephone: (646) 746–9700.
Section 145.8 is also issued under 7 U.S.C.
(b) Certain ‘‘nonpublic records,’’ as Commodity Futures Trading
4a(j) and 16a as amended by Pub. L. 97–444, Commission, 525 West Monroe Street,
96 Stat. 2294 (1983), and 5 U.S.C. 552, 552a defined in § 145.0(c), may, as authorized
by the Commission, be made available Suite 1100, Chicago, Illinois 60661,
and 552b. Telephone: (312) 596–0700.
for public inspection and copying in an
■ 2. Revise § 145.0 to read as follows: abridged or summary form, with Commodity Futures Trading
identifying details deleted. Commission, 4900 Main Street, Suite
§ 145.0 Definitions.
500, Kansas City, Missouri 64112,
For the purposes of part 145 the ■ 4. In § 145.5, revise the introductory Telephone: (816) 960–7700.
following definitions are applicable: text and paragraph (e) to read as follows: * * * * *
(a) Compliance staff—refers to the FOI ■ 6. Amend § 145.7 as follows:
§ 145.5 Disclosure of nonpublic records.
Compliance Staff of the Office of ■ a. Revise paragraphs (b), (c), (f), and
General Counsel at the Commission’s The Commission shall withhold (g);
principal office in Washington, DC information in ‘‘nonpublic records,’’ as ■ b. Revise paragraphs (h)(1) and (2) and
assigned to respond to requests for defined in § 145.0(c), only if the paragraph (h)(3) introductory text;
information and to handle various other Commission reasonably foresees that ■ c. Revise paragraphs (i)(2) and (5),
matters under the Freedom of disclosure would harm an interest (i)(6) introductory text, and (i)(6)(iii)
Information Act. protected by an exemption described in and (i)(7); and
(b) Public records—in addition to the paragraphs (a) through (i) of this section, ■ d. Revise paragraph (j).
records described in § 145.1 (material or if disclosure is prohibited by law. The revisions read as follows:
published in the Federal Register) and The Commission shall consider whether
in § 145.2 (records required to be made partial disclosure of information is § 145.7 Requests for Commission records
publicly available under the Freedom of possible whenever the Commission and copies thereof.
Information Act), includes those records determines that a full disclosure of the * * * * *
that have been determined by the requested record is not possible. The (b) Requests for nonpublic records.
Commission to be generally available to Commission shall take reasonable steps Except as provided in paragraph (a) of
the public directly upon oral or written necessary to segregate and release this section with respect to public
request from the Commission office or nonexempt information in ‘‘nonpublic records, all requests for records
division responsible for the records’’ subject to a request under maintained by the Commission shall be
maintenance of such records. A § 145.7 if those portions do not fall in writing, shall be addressed to the
compilation of Commission records within an exemption described in Office of General Counsel of the
routinely available to the public upon paragraphs (a) through (i) of this section. Commission and shall be clearly marked
request appears in appendix A to this * * * * * ‘‘Freedom of Information Act Request.’’
part 145. (c) Misdirected written requests. The
(e) Inter-agency or intra-agency
(c) Nonpublic records—are records Commission cannot ensure that a timely
memoranda or letters, except those
not identified in § 145.1, § 145.2, or or satisfactory response will be given to
which by law would routinely be made
appendix A of this part 145. Nonpublic requests for records that are directed to
available to a party other than an agency
records must be requested, in writing, in the Commission other than in the
in litigation with the Commission.
accordance with the provisions of manner prescribed in paragraph (b) of
Exemption 5 (5 U.S.C. 552(b)(5))
§ 145.7. this section. Any misdirected written
protects inter-agency or intra-agency
(d) Record—is any information or request for nonpublic records should be
communications that are protected by
agency record maintained by the promptly forwarded to the Office of
legal privileges, such as the attorney-
Commission in any format, including an General Counsel of the Commission.
client privilege, the attorney work-
electronic format. It includes any Misdirected requests for nonpublic
product privilege, and the deliberative
document, writing, photograph, sound records will be considered to have been
process privilege. The deliberative
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or magnetic recording, videotape, received for purposes of this section
process privilege shall not apply to
microfiche, drawing, or computer-stored only when they actually have been
records created 25 years or more before
information or output in the possession received by the Office of General
the date on which the records were
of the Commission. The term ‘‘record’’ Counsel.
requested.
does not include personal convenience * * * * *
* * * * *
materials over which the Commission (f) Request for existing records. The
has no control, such as appointment ■ 5. In § 145.6, revise paragraph (a) to Commission’s response to a request for
calendars and handwritten notes, which read as follows: nonpublic records will encompass all

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28004 Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations

nonpublic records identifiable as resolution services from the writing to the appeal within 10 business
responsive to the request that are in Commission’s FOIA Public Liaison and days of the date of filing the appeal. Any
existence on the date that the written the National Archives and Records response shall be sent to the
request is received by the Office of Administration’s Office of Government Commission’s Office of General
General Counsel. The Commission need Information Services. The Compliance Counsel. Copies shall be sent to the
not create a new record in response to Staff, in denying an initial request for person requesting the information.
a FOIA request. records, is not required to provide the (6) The General Counsel, or his or her
(g) Fee agreement. A request for requester with an inventory of those designee, shall have the authority to
copies of records pursuant to paragraph documents determined to be exempt consider all appeals under this section
(b) of this section must indicate the from disclosure. from initial determinations of the
requester’s agreement to pay all fees that (3) The Compliance Staff will issue an Compliance Staff of the Commission.
are associated with the processing of the initial determination with respect to a The General Counsel, or his or her
request, in accordance with the rates set FOIA request within twenty business designee, may:
forth in appendix B to this part, or the days after receipt by the Office of * * * * *
requester’s intention to limit the fees General Counsel. In unusual (iii) Remand the matter to the
incurred to a stated amount. If the circumstances, as defined in this Compliance Staff—
requester states a fee limitation, no work paragraph, the prescribed time limit (A) To correct a deficiency in the
will be done that will result in fees may be extended by written notice to initial processing of the request, or
beyond the stated amount. A requester the person making a request for a record (B) When an investigation as to which
who seeks a waiver or reduction of fees or a copy. The notice shall set forth the the staff originally claimed exemption
pursuant to paragraph (b) of appendix B reasons for the extension and the date from mandatory disclosure on the basis
of this part must show that such a on which a determination is expected to of 5 U.S.C. 555(b)(7)(A) or 7 U.S.C. 12(a)
waiver or reduction would be in the be dispatched. Where the extension is subsequently closed; or
public interest. If the Office of General exceeds ten business days, the
Counsel receives a request for records * * * * *
Compliance Staff will provide the (7) If the initial denial of the request
under paragraph (b) of this section from requester with an opportunity to modify
a requester who has not paid fees from for nonpublic records is reversed, the
the request or arrange an alternative Office of General Counsel shall, in
a previous request in accordance with time period for processing the original
appendix B of this part, the staff will writing, advise the requester that the
or modified request. The Compliance records will be available on or after a
decline to process the request until such Staff or the FOIA Public Liaison is
fees have been paid. specified date. If, on appeal, the denial
available to assist the requester in of access to a record is affirmed in
(h) Initial determination, denials. (1) unusual circumstances. The Compliance
With respect to any request for whole or in part, the person who
Staff will notify the requester of the requested the information shall be
nonpublic records as defined in right to seek dispute resolution services
§ 145.0(c), the Compliance Staff of the notified in writing of:
from the Office of Government (i) The reasons for the denial,
Commission will forward the request to Information Services. As used in this
the Commission divisions or offices (ii) The mediation services offered by
paragraph, ‘‘unusual circumstances’’ the Office of Government Information
likely to maintain records that are
means, but only to the extent reasonably Services as a non-exclusive alternative
responsive to the request. If a responsive
necessary to the proper processing of a to litigation, and
record is located, the Compliance Staff
particular request: (iii) The provisions of 5 U.S.C.
will, in consultation with the
Commission office in which the record * * * * * 552(a)(4) providing for judicial review
was located, determine whether to (i) * * * of a determination to withhold records.
comply with such request. The (2) An application for review must be (j) Expedited processing. A request
Compliance Staff may, in their received by the Office of General may be given expedited processing if
discretion, determine whether to Counsel within 90 days of the date of the requester demonstrates a compelling
comply with any portion of a request for the denial by the Compliance Staff. This need for the requested records. For
nonpublic records before considering 90-day period shall not begin to run purposes of this provision, the term
the remainder of the request. The until the Compliance Staff has issued an ‘‘compelling need’’ means: That a
Compliance Staff will inform the initial determination with respect to all failure to obtain requested records on an
requester of the availability of the portions of the request for nonpublic expedited basis could reasonably be
Commission’s FOIA Public Liaison to records. An application for review shall expected to pose an imminent threat to
offer assistance. be in writing and shall be marked the life or physical safety of an
(2) Where it is determined to deny, in ‘‘Freedom of Information Act Appeal’’ individual; or with respect to a request
whole or in part, a request for nonpublic and be sent to the Commission’s Office made by a person primarily engaged in
records, the Compliance Staff will notify of General Counsel. If the appeal disseminating information, urgency to
the requester of the denial, citing involves information as to which the inform the public concerning actual or
applicable exemptions of the Freedom FOIA requester has received a detailed alleged federal government activity. A
of Information Act or other provisions of written justification of a request for requester who seeks expedited
law that require or allow the records to confidential treatment pursuant to processing must demonstrate a
be withheld. The Compliance Staff’s § 145.9(e), the requester must also serve compelling need by submitting a
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response to the FOIA request should a copy of the appeal on the submitter of statement that is certified by the
describe in general terms what the information. requester to be true and correct to the
categories of documents are being * * * * * best of that person’s knowledge and
withheld under which applicable FOIA (5) If the appeal involves information belief. The Compliance Staff will
exemption or exemptions. The that is subject to a petition for determine whether to provide expedited
Compliance Staff’s response will confidential treatment filed under processing, and notice of the
include a statement notifying the § 145.9, the submitter of the information determination will be provided to
requester of the right to seek dispute shall have an opportunity to respond in requester, within ten days after the date

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Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations 28005

of the request. If the request for DEPARTMENT OF HOMELAND Linnick, Waterways Management
expedited processing is denied, the SECURITY Division, U.S. Coast Guard Sector Long
requester may file an appeal with the Island Sound; telephone 203–468–4565,
Office of General Counsel within ten Coast Guard email Katherine.E.Linnick@uscg.mil.
days of the date of the denial by the
Compliance Staff. The Office of General 33 CFR Part 100 SUPPLEMENTARY INFORMATION: The Coast
Counsel will respond to the appeal Guard will enforce these special local
within ten days after the date of the [Docket No. USCG–2012–1036] regulations listed in 33 CFR 100.100
appeal. Table 1 on the specified dates and times
Special Local Regulations; Recurring as indicated below.
■ 7. Revise § 145.8 to read as follows: Marine Events in the Captain of the
Port Long Island Sound Zone Under the provisions of 33 CFR 100,
§ 145.8 Fees for records services.
the events listed below are established
A schedule of fees for record services, AGENCY: Coast Guard, DHS. as special local regulations. During the
including locating, and making records
ACTION: Notice of enforcement of enforcement periods, persons and
available, and copying, appears in
regulation. vessels are prohibited from entering
appendix B to this part. Copies of the
schedule of fees may also be obtained into, transiting through, mooring, or
SUMMARY: The Coast Guard will enforce anchoring within the regulated area
upon request made in person, by eight special local regulations for
telephone or by mail from the unless they receive permission from the
marine events in the Sector Long Island
Compliance Staff or at any regional COTP or designated representative.
Sound area of responsibility on the
office of the Commission. dates and times listed in the table This notice is issued under authority
Issued in Washington, DC, on June 14, below. This action is necessary to of 33 CFR 100.100(a) and 5 U.S.C.
2017, by the Commission. provide for the safety of life on 552(a). In addition to this notice in the
Christopher J. Kirkpatrick, navigable waterways during the event. Federal Register, the Coast Guard will
Secretary of the Commission. During the enforcement period, no provide the maritime community with
person or vessel may enter the regulated advance notification of these
Note: The following appendix will not
appear in the Code of Federal Regulations.
area without permission of the Captain enforcement periods via the Local
of the Port (COTP) Sector Long Island Notice to Mariners or Marine
Appendix to Revisions to Freedom of Sound or designated representative. Information Broadcasts. If the COTP
Information Act Regulations— DATES: The regulations in 33 CFR determines that this special local
Commission Voting Summary 100.100 Table 1 will be enforced during regulation need not be enforced for the
the following dates and times listed in full duration stated in this notice, a
On this matter, Acting Chairman Giancarlo
and Commissioner Bowen voted in the the table in SUPPLEMENTARY Broadcast Notice to Mariners may be
affirmative. No Commissioner voted in the INFORMATION. used to grant general permission to
negative. FOR FURTHER INFORMATION CONTACT: If enter the regulated area.
[FR Doc. 2017–12775 Filed 6–19–17; 8:45 am] you have questions on this notice, call
BILLING CODE 6351–01–P or email Petty Officer Katherine

6.1 Swim Across America Greenwich .............. • Date: July 24, 2017.
• Time: 4:30 a.m. to 11:30 p.m.
• Location: All navigable waters of Stamford Harbor within an area starting at a point in posi-
tion 41°01′32.03″ N., 073°33′8.93″ W., then southeast to a point in position 41°01′15.01″ N.,
073°32′55.58″ W.; then southwest to a point in position 41°0′49.25″ N., 073°33′20.36″ W.;
then northwest to a point in position 41°0′58″ N., 073°33′27″ W.; then northeast to a point in
position 41°1′15.8″ N., 073°33′9.85″ W., then heading north and ending at point of origin
(NAD 83). All positions are approximate.

7.2 Dolan Family Fourth Fireworks .................. • Date: July 4, 2017.
• Rain Date: July 5, 2017.
• Time: 8:30 a.m. to 10:30 p.m.
• Location: ‘‘No Entry Area’’: All waters of Oyster Bay Harbor in Long Island Sound off Oyster
Bay, NY within a 1000 foot radius of the launch platform in approximate position
40°53′42.50″ N., 073°30′04.30″ W. (NAD 83).
• Additional Stipulations: ‘‘Slow/No Wake Area’’: All waters of Oyster Bay Harbor in Long Is-
land Sound off Oyster Bay, NY contained within the following area; beginning at a point on
land in position at 40°53′12.43″ N., 073°31′13.05″ W. near Moses Point; then east across
Oyster Bay Harbor to a point on land in position at 40°53′15.12″ N., 073°30′38.45″ W.; then
north along the shoreline to a point on land in position at 40°53′34.43″ N., 073°30′33.42″ W.
near Cove Point; then east along the shoreline to a point on land in position at 40°53′41.67″
N., 073°29′40.74″ W. near Cooper Bluff; then south along the shoreline to a point on land in
position 40°53′05.09″ N., 073°29′23.32″ W. near Eel Creek; then east across Cold Spring
Harbor to a point on land in position 40°53′06.69″ N., 073°28′19.9″ W.; then north along the
asabaliauskas on DSKBBXCHB2PROD with RULES

shoreline to a point on land in position 40°55′24.09″ N., 073°29′49.09″ W. near Whitewood
Point; then west across Oyster Bay to a point on land in position 40°55′5.29″ N.,
073°31′19.47″ W. near Rocky Point; then south along the shoreline to a point on land in po-
sition 40°54′04.11″ N., 073°30′29.18″ W. near Plum Point; then northwest along the shore-
line to a point on land in position 40°54′09.06″ N., 073°30′45.71″ W.; then southwest along
the shoreline to a point on land in position 40°54′03.2″ N., 073°31′01.29″ W.; and then
south along the shoreline back to point of origin (NAD 83). All positions are approximate.

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Document Created: 2017-06-20 02:21:29
Document Modified: 2017-06-20 02:21:29

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 with request for comments.
Dates		Effective Date: This rule is effective July 20, 2017.
Contact		Candace Ambrose, Counsel, Office of the General Counsel, (202) 418-5192.
FR Citation		82 FR 28001
RIN Number		3038-AE57
CFR Associated		Administrative Practice and Procedure and Freedom of Information