82 FR 30722 - Freedom of Information Act
DEFENSE NUCLEAR FACILITIES SAFETY BOARD Federal Register Volume 82, Issue 126 (July 3, 2017)
Federal Register Volume 82, Issue 126 (July 3, 2017)
| Page Range | 30722-30724 | |
| FR Document | 2017-13863 |
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)] [Rules and Regulations] [Pages 30722-30724] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13863] ======================================================================= ----------------------------------------------------------------------- DEFENSE NUCLEAR FACILITIES SAFETY BOARD 10 CFR Part 1703 [Docket No. DNFSB-2017-0001] RIN 3155-AA00 Freedom of Information Act AGENCY: Defense Nuclear Facilities Safety Board. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Freedom of Information Act (FOIA) Improvement Act of 2016 requires each Federal agency to issue regulations implementing its statutory provisions. In this final rule, the Defense Nuclear Facilities Safety Board amends its regulations to comply with the statutory direction. DATES: This rule is effective on July 26, 2017. FOR FURTHER INFORMATION CONTACT: James Biggins, General Counsel, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW., Suite 700, Washington, DC 20004-2901, (202) 694-7000. SUPPLEMENTARY INFORMATION: I. Background The Defense Nuclear Facilities Safety Board (DNFSB) implements the Freedom of Information Act through its regulations found at 10 CFR part 1703. This rule amends the DNFSB's regulations to incorporate certain changes made to the FOIA, 5 U.S.C. 552, by the FOIA Improvement Act of 2016 (Pub. L. 114-185, 130 Stat. 538 (2016)). The FOIA Improvement Act also requires agency regulations to address dispute resolution procedures and to provide notification to requestors about the availability of dispute resolution services. The FOIA Improvement Act requires the DNFSB to issue regulations which incorporate the changes made by the FOIA Improvement Act. This rule updates the DNFSB regulations in 10 CFR part 1703 to reflect those statutory changes. The FOIA Improvement Act requires a change to the DNFSB's fee schedule, which will be updated in a separate notice. The fee schedule was last published in the Federal Register on August 28, 2015, 80 FR 52174. Pursuant to the FOIA Improvement Act, the DNFSB will not assess any search fees if it has failed to comply with any time limit for response to the request absent an extension of its time limit. The FOIA Improvement Act requires agencies to designate a FOIA Public Liaison and also elevates the responsibility of the Chief FOIA Officer. Additionally the Act adds to the agency record reporting requirements. The DNFSB will provide this information through its FOIA electronic reading room. The Chief FOIA officer is the DNFSB Deputy General Manager, and will designate a FOIA Public Liaison. Information about how to contact the FOIA Public Liaison will be available through the DNFSB FOIA electronic reading room. The DNFSB is issuing this rule as a final rule without the opportunity for public comment. The agency finds, for good cause, that allowing for notice and public comment is unnecessary. The changes made to the DNFSB implementing regulations reduce the burden on requestors, provide additional dispute resolution alternatives, and require the DNFSB to meet its response deadlines or waive the fees in whole or in part. The changes to the regulations are mandated by statute. The DNFSB has also reviewed public comments provided to other Federal agencies that have issued their regulations for public comment, and the DNFSB has used those comments to inform its regulations. II. Regulatory Analysis Regulatory Flexibility Act Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, agencies must consider the impact of their rulemakings on ``small entities'' (small businesses, small organizations, and local governments). The DNFSB has reviewed this regulation and by approving it certifies that this regulation will not have a significant economic impact on a substantial number of small entities. This rule decreases the regulatory burden for requestors under FOIA, waives fees under certain circumstances, and provides additional dispute resolution options. Additionally, the agency received 21 FOIA requests in fiscal year 2016 and charged $0.00 in fees. The DNFSB therefore determines and certifies that these amendments to its FOIA implementing regulations will not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, and tribal governments, in aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. [[Page 30723]] Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, as amended, 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. Paperwork Reduction Act The Paperwork Reduction Act (PRA) establishes certain requirements when an agency conducts or sponsors a ``collection of information.'' 44 U.S.C. 3501-3520. The amendments to the DNFSB regulations implementing FOIA are required by the FOIA Improvement Act of 2016. The amendments to the DNFSB regulations do not require or request information, but rather, explain the agency's FOIA procedures. Submitting a request for agency records under FOIA is voluntary, so the information collected from requestors is not covered by the restrictions of the PRA. Executive Order 12988 and Executive Order 13132--Federalism According to Executive Orders 12988 and 13132, agencies must state in clear language the preemptive effect, if any, of new regulations. The amendments to the agency's FOIA implementing regulations affect only FOIA requests submitted to the agency, and therefore, have no effect on preemption of State, tribal, or local government laws or otherwise have federalism implications. Congressional Review Act This rule will not result in and is not likely to result in (A) an annual effect on the economy of $100,000,000 or more; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. As such, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. Finding of No Significant Environmental Impact The proposed regulations amend the DNFSB procedures for processing FOIA requests. The procedural changes to the FOIA implementing regulations will not result in significant impacts affecting the quality of the human environment, unavoidable adverse environmental effects, rejection of reasonable alternatives to the proposed action, or irreversible or irretrievable commitments of environmental resources. The agency has not consulted with any other agencies in making this determination. III. Section by Section Analysis Section 1703.103 Requests for Board Records Available Through the Public Reading Room Paragraph (a) is revised to identify the transition from a physical public reading room to an electronic public reading room. The FOIA Improvement Act mandates that certain records previously made available to the public through a public reading room, now be available for public inspection in an electronic format. The DNFSB has been in the practice for several years to make its FOIA records publicly available in an electronic format on its public Web site (https://www.dnfsb.gov). The DNFSB FOIA records will be available through its electronic reading room on its Web site (https://www.dnfsb.gov/foia-reading-room). Section 1703.104 Board Records Exempt From Public Disclosure The Board is removing this section as unnecessary. The Board will apply the exemptions allowed by the FOIA, as amended, in determining whether to withhold a document from disclosure pursuant to a FOIA request. The re-statement of the FOIA exemptions in its regulation does not expand or narrow the scope of the exemptions and is unnecessary for either implementation or interpretation. Section 1703.107 Fees for Record Requests The Board is amending this section to make explicit the waiver of fees if the Board does not meet its response deadlines under the FOIA Improvement Act. Section 1703.109 Procedure for Appeal or Denial of Requests for Board Records and Denial of Requests for Fee Waiver or Reduction The Board is amending this section to provide notice of availability of assistance from the agency FOIA Public Liaison and the Office of Government Information Services. The DNFSB will work with the Office of Government Information Services on any issue referred to them for alternative dispute resolution. The FOIA Improvement Act provides the right of a requestor to seek assistance with the FOIA request or to seek dispute resolution services. The section is also being amended to allow an appeal from an adverse decision on access within 90 days of the denial. List of Subjects in 10 CFR Part 1703 Freedom of information. For the reasons stated in the preamble, the Defense Nuclear Facilities Safety Board amends 10 CFR Chapter 17, part 1703 as follows: PART 1703--PUBLIC INFORMATION AND REQUESTS 0 1. The authority citation for part 1703 is revised to read as follows: Authority: 5 U.S.C. 301, 552; 31 U.S.C. 9701; 42 U.S.C. 2286b. 0 2. Amend section 1703.103 by revising the section heading and paragraphs (a) and (b) introductory text to read as follows: Sec. 1703.103 Requests for agency records available through the electronic reading room. (a) The DNFSB will maintain an electronic reading room on its public Web site at https://www.dnfsb.gov/foia-reading-room. Records may be obtained by accessing and downloading them from the electronic reading room. The electronic reading room is intended to provide easy accessibility to a substantial collection of the agency's records. The agency considers the records available through its electronic reading room to have been placed in the public domain. (b) The public records of the agency that are available in the electronic reading room or through links from the electronic reading room include: * * * * * Sec. 1703.104 [Removed and Reserved] 0 3. Remove and reserve Sec. 1703.104. 0 4. Amend Sec. 1703.107 by adding paragraph (b)(2)(iv) to read as follows: Sec. 1703.107 Fees for record requests. * * * * * (b) * * * (2) * * * (iv) The Board will not assess any fees if it has failed to meet its deadlines in Sec. 1703.108. * * * * * 0 5. Amend Sec. 1703.109 by revising paragraph (a) to read as follows: [[Page 30724]] Sec. 1703.109 Procedure for appeal of denial of requests for board records and denial of requests for fee waiver or reduction. (a)(1) A person whose request for access to records in whole or in part may appeal that determination to the General Counsel within 90 days of the determination. A person denied a fee waiver or reduction may appeal that determination to the General Counsel within 30 days. The person may also seek assistance from the FOIA Public Liaison of the agency. Appeals filed pursuant to this section must be in writing, directed to the General Counsel at the address indicated in Sec. 1703.105(b)(2), and clearly marked ``Freedom of Information Act Appeal.'' Such an appeal received by the Board not addressed and marked as indicated in this paragraph will be so addressed and marked by Board personnel as soon as it is properly identified and then will be forwarded to the General Counsel. (2) The General Counsel shall make a determination with respect to any appeal within 20 working days after the receipt of such appeal. If, on appeal, the denial of the request for records or fee reduction is in whole or in part upheld, the General Counsel shall notify the person making such request of the provisions for judicial review of that determination. (3) The requestor may request that the FOIA Public Liaison refer the denial to be reviewed through dispute resolution services or may request the Office of Government Information Services within the National Archives and Records Administration to review the denial. * * * * * Dated: June 27, 2017. Sean Sullivan, Chairman. [FR Doc. 2017-13863 Filed 6-30-17; 8:45 am] BILLING CODE 3670-01-P
![30722 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations
discrimination any person in the United DEFENSE NUCLEAR FACILITIES Additionally the Act adds to the agency
States under any program or activity SAFETY BOARD record reporting requirements. The
conducted by the USDA. DNFSB will provide this information
10 CFR Part 1703 through its FOIA electronic reading
To file a complaint of discrimination,
complete the USDA Program [Docket No. DNFSB–2017–0001] room. The Chief FOIA officer is the
Discrimination Complaint Form, which DNFSB Deputy General Manager, and
RIN 3155–AA00 will designate a FOIA Public Liaison.
may be accessed online at http://
www.ocio.usda.gov/sites/default/files/ Information about how to contact the
Freedom of Information Act FOIA Public Liaison will be available
docs/2012/Complain_combined_6_8_
AGENCY: Defense Nuclear Facilities through the DNFSB FOIA electronic
12.pdf, or write a letter signed by you
Safety Board. reading room.
or your authorized representative.
ACTION: Final rule. The DNFSB is issuing this rule as a
Send your completed complaint form final rule without the opportunity for
or letter to USDA by mail, fax, or email: SUMMARY: The Freedom of Information public comment. The agency finds, for
Mail: U.S. Department of Agriculture, Act (FOIA) Improvement Act of 2016 good cause, that allowing for notice and
Director, Office of Adjudication, 1400 requires each Federal agency to issue public comment is unnecessary. The
Independence Avenue SW., regulations implementing its statutory changes made to the DNFSB
Washington, DC 20250–9410. provisions. In this final rule, the implementing regulations reduce the
Defense Nuclear Facilities Safety Board burden on requestors, provide
Fax: (202) 690–7442. amends its regulations to comply with additional dispute resolution
Email: program.intake@usda.gov. the statutory direction. alternatives, and require the DNFSB to
Persons with disabilities who require DATES: This rule is effective on July 26, meet its response deadlines or waive the
alternative means for communication 2017. fees in whole or in part. The changes to
(Braille, large print, audiotape, etc.) FOR FURTHER INFORMATION CONTACT: the regulations are mandated by statute.
should contact USDA’s TARGET Center James Biggins, General Counsel, Defense The DNFSB has also reviewed public
at (202) 720–2600 (voice and TDD). Nuclear Facilities Safety Board, 625 comments provided to other Federal
Indiana Avenue NW., Suite 700, agencies that have issued their
Additional Public Notification Washington, DC 20004–2901, (202) 694– regulations for public comment, and the
7000. DNFSB has used those comments to
FSIS will announce this notice online inform its regulations.
through the FSIS Web page located at SUPPLEMENTARY INFORMATION:
http://www.fsis.usda.gov/federal- II. Regulatory Analysis
I. Background
register. Regulatory Flexibility Act
The Defense Nuclear Facilities Safety
FSIS will also make copies of this Board (DNFSB) implements the Under the Regulatory Flexibility Act,
Federal Register publication available Freedom of Information Act through its 5 U.S.C. 601–612, agencies must
through the FSIS Constituent Update, regulations found at 10 CFR part 1703. consider the impact of their rulemakings
which is used to provide information This rule amends the DNFSB’s on ‘‘small entities’’ (small businesses,
regarding FSIS policies, procedures, regulations to incorporate certain small organizations, and local
regulations, Federal Register notices, changes made to the FOIA, 5 U.S.C. 552, governments). The DNFSB has reviewed
FSIS public meetings, and other types of by the FOIA Improvement Act of 2016 this regulation and by approving it
information that could affect or would (Pub. L. 114–185, 130 Stat. 538 (2016)). certifies that this regulation will not
be of interest to constituents and The FOIA Improvement Act also have a significant economic impact on
stakeholders. The Update is requires agency regulations to address a substantial number of small entities.
communicated via Listserv, a free dispute resolution procedures and to This rule decreases the regulatory
electronic mail subscription service for provide notification to requestors about burden for requestors under FOIA,
industry, trade groups, consumer the availability of dispute resolution waives fees under certain
interest groups, health professionals, services. The FOIA Improvement Act circumstances, and provides additional
and other individuals who have asked requires the DNFSB to issue regulations dispute resolution options.
to be included. The Update is also which incorporate the changes made by Additionally, the agency received 21
available on the FSIS Web page. In the FOIA Improvement Act. This rule FOIA requests in fiscal year 2016 and
addition, FSIS offers an electronic mail updates the DNFSB regulations in 10 charged $0.00 in fees. The DNFSB
subscription service which provides CFR part 1703 to reflect those statutory therefore determines and certifies that
automatic and customized access to changes. these amendments to its FOIA
selected food safety news and The FOIA Improvement Act requires implementing regulations will not have
information. This service is available at a change to the DNFSB’s fee schedule, a significant economic impact on a
http://www.fsis.usda.gov/subscribe. which will be updated in a separate substantial number of small entities.
Options range from recalls to export notice. The fee schedule was last
information to regulations, directives, published in the Federal Register on Unfunded Mandates Reform Act of 1995
and notices. Customers can add or August 28, 2015, 80 FR 52174. Pursuant This rule will not result in the
delete subscriptions themselves, and to the FOIA Improvement Act, the expenditure by State, local, and tribal
have the option to password protect DNFSB will not assess any search fees governments, in aggregate, or by the
sradovich on DSK3GMQ082PROD with RULES
their accounts. if it has failed to comply with any time private sector, of $100,000,000 or more
Done at Washington, DC, on June 26, 2017. limit for response to the request absent in any one year, and it will not
an extension of its time limit. significantly or uniquely affect small
Alfred V. Almanza,
The FOIA Improvement Act requires governments. Therefore, no actions were
Administrator. agencies to designate a FOIA Public deemed necessary under the provisions
[FR Doc. 2017–13644 Filed 6–30–17; 8:45 am] Liaison and also elevates the of the Unfunded Mandates Reform Act
BILLING CODE 3410–DM–P responsibility of the Chief FOIA Officer. of 1995.
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![Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations 30723
Small Business Regulatory Enforcement Finding of No Significant Liaison and the Office of Government
Fairness Act of 1996 Environmental Impact Information Services. The DNFSB will
The proposed regulations amend the work with the Office of Government
This rule is not a major rule as Information Services on any issue
defined by section 251 of the Small DNFSB procedures for processing FOIA
requests. The procedural changes to the referred to them for alternative dispute
Business Regulatory Enforcement resolution. The FOIA Improvement Act
FOIA implementing regulations will not
Fairness Act of 1996, as amended, 5 provides the right of a requestor to seek
result in significant impacts affecting
U.S.C. 804. This rule will not result in assistance with the FOIA request or to
the quality of the human environment,
an annual effect on the economy of seek dispute resolution services. The
unavoidable adverse environmental
$100,000,000 or more; a major increase section is also being amended to allow
effects, rejection of reasonable
in costs or prices; or significant adverse an appeal from an adverse decision on
alternatives to the proposed action, or
effects on competition, employment, access within 90 days of the denial.
irreversible or irretrievable
investment, productivity, innovation, or
commitments of environmental List of Subjects in 10 CFR Part 1703
on the ability of United States-based
resources. The agency has not consulted Freedom of information.
companies to compete with foreign-
with any other agencies in making this
based companies in domestic and For the reasons stated in the
determination.
export markets. preamble, the Defense Nuclear Facilities
III. Section by Section Analysis Safety Board amends 10 CFR Chapter
Paperwork Reduction Act 17, part 1703 as follows:
Section 1703.103 Requests for Board
The Paperwork Reduction Act (PRA) Records Available Through the Public PART 1703—PUBLIC INFORMATION
establishes certain requirements when Reading Room AND REQUESTS
an agency conducts or sponsors a
Paragraph (a) is revised to identify the
‘‘collection of information.’’ 44 U.S.C. ■ 1. The authority citation for part 1703
transition from a physical public
3501–3520. The amendments to the reading room to an electronic public is revised to read as follows:
DNFSB regulations implementing FOIA reading room. The FOIA Improvement Authority: 5 U.S.C. 301, 552; 31 U.S.C.
are required by the FOIA Improvement Act mandates that certain records 9701; 42 U.S.C. 2286b.
Act of 2016. The amendments to the previously made available to the public ■ 2. Amend section 1703.103 by
DNFSB regulations do not require or through a public reading room, now be revising the section heading and
request information, but rather, explain available for public inspection in an paragraphs (a) and (b) introductory text
the agency’s FOIA procedures. electronic format. The DNFSB has been to read as follows:
Submitting a request for agency records in the practice for several years to make
under FOIA is voluntary, so the its FOIA records publicly available in an § 1703.103 Requests for agency records
information collected from requestors is electronic format on its public Web site available through the electronic reading
not covered by the restrictions of the room.
(https://www.dnfsb.gov). The DNFSB
PRA. FOIA records will be available through (a) The DNFSB will maintain an
its electronic reading room on its Web electronic reading room on its public
Executive Order 12988 and Executive Web site at https://www.dnfsb.gov/foia-
Order 13132—Federalism site (https://www.dnfsb.gov/foia-
reading-room). reading-room. Records may be obtained
According to Executive Orders 12988 by accessing and downloading them
Section 1703.104 Board Records from the electronic reading room. The
and 13132, agencies must state in clear
Exempt From Public Disclosure electronic reading room is intended to
language the preemptive effect, if any, of
new regulations. The amendments to The Board is removing this section as provide easy accessibility to a
the agency’s FOIA implementing unnecessary. The Board will apply the substantial collection of the agency’s
regulations affect only FOIA requests exemptions allowed by the FOIA, as records. The agency considers the
submitted to the agency, and therefore, amended, in determining whether to records available through its electronic
withhold a document from disclosure reading room to have been placed in the
have no effect on preemption of State,
pursuant to a FOIA request. The re- public domain.
tribal, or local government laws or
statement of the FOIA exemptions in its (b) The public records of the agency
otherwise have federalism implications. that are available in the electronic
regulation does not expand or narrow
Congressional Review Act the scope of the exemptions and is reading room or through links from the
unnecessary for either implementation electronic reading room include:
This rule will not result in and is not * * * * *
or interpretation.
likely to result in (A) an annual effect
on the economy of $100,000,000 or Section 1703.107 Fees for Record § 1703.104 [Removed and Reserved]
more; (B) a major increase in costs or Requests ■ 3. Remove and reserve § 1703.104.
prices for consumers, individual The Board is amending this section to ■ 4. Amend § 1703.107 by adding
industries, Federal, State, or local make explicit the waiver of fees if the paragraph (b)(2)(iv) to read as follows:
government agencies, or geographic Board does not meet its response
regions; or (C) significant adverse effects deadlines under the FOIA Improvement § 1703.107 Fees for record requests.
on competition, employment, Act. * * * * *
investment, productivity, innovation, or (b) * * *
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on the ability of United States-based Section 1703.109 Procedure for (2) * * *
enterprises to compete with foreign- Appeal or Denial of Requests for Board (iv) The Board will not assess any fees
based enterprises in domestic and Records and Denial of Requests for Fee if it has failed to meet its deadlines in
export markets. As such, the Office of Waiver or Reduction § 1703.108.
Management and Budget has not found The Board is amending this section to * * * * *
it to be a major rule as defined in the provide notice of availability of ■ 5. Amend § 1703.109 by revising
Congressional Review Act. assistance from the agency FOIA Public paragraph (a) to read as follows:
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![30724 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations
§ 1703.109 Procedure for appeal of denial and additions to its information public record and available for public
of requests for board records and denial of disclosure regulations under the inspection. Please do not include any
requests for fee waiver or reduction. Freedom of Information Act (FOIA information in your comment or
(a)(1) A person whose request for Regulations). This interim final rule supporting materials that you consider
access to records in whole or in part replaces the interim final rule published confidential or inappropriate for public
may appeal that determination to the in the Federal Register on December 27, disclosure. You may review comments
General Counsel within 90 days of the 2016. The Council invites comments on and other related materials that pertain
determination. A person denied a fee this interim final rule revising its to this notice of proposed rulemaking
waiver or reduction may appeal that regulations implementing the Freedom electronically by following the
determination to the General Counsel of Information Act (FOIA). These instructions at http://
within 30 days. The person may also revisions implement recent statutory www.regulations.gov.
seek assistance from the FOIA Public amendments to the FOIA that are
Liaison of the agency. Appeals filed mandated by the FOIA Improvement FOR FURTHER INFORMATION CONTACT: Ms.
pursuant to this section must be in Act of 2016, as well as update the Judith Dupre, Executive Secretary,
writing, directed to the General Counsel language of the Council’s regulations to Federal Financial Institutions
at the address indicated in more closely mirror the language of the Examination Council, via telephone:
§ 1703.105(b)(2), and clearly marked FOIA and to reflect the Council’s (703) 516–5590, or via email: JDupre@
‘‘Freedom of Information Act Appeal.’’ current FOIA procedures. This interim FDIC.gov.
Such an appeal received by the Board final rule also corrects three SUPPLEMENTARY INFORMATION:
not addressed and marked as indicated typographical errors that occurred when
in this paragraph will be so addressed the Council’s FOIA Regulations were I. Background
and marked by Board personnel as soon last amended by a final rule appearing
as it is properly identified and then will The Council 1 is publishing an interim
in the Federal Register on November 22,
be forwarded to the General Counsel. final rule revising its information
2010.
(2) The General Counsel shall make a disclosure regulations under the
DATES: Effective July 3, 2017. Comments Freedom of Information Act 2 (FOIA
determination with respect to any must be received on or before
appeal within 20 working days after the Regulations). On June 30, 2016, the
September 1, 2017. Freedom of Information Act (FOIA) was
receipt of such appeal. If, on appeal, the
ADDRESSES: Interested persons are amended by the FOIA Improvement Act
denial of the request for records or fee
invited to submit comments regarding of 2016 3 (FOIA Improvement Act).
reduction is in whole or in part upheld,
this interim final rule, identified by Among other things, section 3 of the
the General Counsel shall notify the
‘‘Federal Financial Institutions FOIA Improvement Act required each
person making such request of the
Examination Council: Docket No. Federal agency to revise its disclosure
provisions for judicial review of that
FFIEC–2017–0002,’’ by any of the regulations and procedures for
determination.
(3) The requestor may request that the following methods: processing FOIA requests in order to
• Electronic submission of comments: conform to the substantive amendments
FOIA Public Liaison refer the denial to
Interested persons may submit made by section 2 of the FOIA
be reviewed through dispute resolution
comments electronically through the Improvement Act by December 27,
services or may request the Office of
Federal eRulemaking Portal at http:// 2016. Accordingly, the Council is
Government Information Services
www.regulations.gov. Electronic implementing the required substantive
within the National Archives and
submission of comments allows the and procedural changes necessary to
Records Administration to review the
commenter maximum time to prepare comply with the FOIA Improvement
denial.
and submit a comment, ensures timely Act’s amendments (such as changing the
* * * * * receipt, and enables the Council to make appeal deadline from 10 working days
Dated: June 27, 2017. them available to the public. Comments to 90 days and providing additional
Sean Sullivan, submitted electronically through the limitations on the fees charged by the
Chairman. http://www.regulations.gov Web site can Council). In addition, the Council is
[FR Doc. 2017–13863 Filed 6–30–17; 8:45 am] be viewed by other commenters and making certain changes to its FOIA
BILLING CODE 3670–01–P
interested members of the public. Regulations to reflect revisions brought
Commenters should follow the about by prior amendments to the FOIA
instructions provided on that site to that were incorporated into the
submit comments electronically. Council’s procedures and to make the
FEDERAL FINANCIAL INSTITUTIONS
• Facsimile: (703) 562–6446. FOIA process easier for the public to
EXAMINATION COUNCIL
• Mail: Ms. Judith Dupre, Executive navigate (such as providing an email
12 CFR Part 1101 Secretary, FFIEC, Attn: Executive address where administrative appeals
Secretary, 3501 Fairfax Drive, Room B– may be submitted electronically). In
[Docket No. FFIEC–2017–0002] 7081a, Arlington, VA, 22226–3550. drafting these amendments to the FOIA
• Public Inspection of Comments: In Regulations, the Council consulted the
Description of Office, Procedures, and general, the Council will enter all
Public Information; Correction ‘‘Guidance for Agency FOIA
comments received into the docket and Regulations’’ issued by the U.S.
AGENCY: Federal Financial Institutions publish them on the
Examination Council (FFIEC). www.regulations.gov Web site without 1 The members of the Council are the Board of
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ACTION: Interim final rule with request change, including any business or Governors of the Federal Reserve System, the
for comments; correcting amendments. personal information that you provide Consumer Financial Protection Bureau, the Federal
such as name and address information, Deposit Insurance Corporation, the National Credit
Union Administration, the Office of the Comptroller
SUMMARY: The Federal Financial email addresses, or phone numbers. of the Currency, and the State Liaison Committee.
Institutions Examination Council Please be advised that your comments, 2 5 U.S.C. 552.
(FFIEC or Council) is correcting an including attachments and other 3 Public Law 114–185, 130 Stat. 538 (June 30,
interim final rule announcing revisions supporting materials, are part of the 2016).
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Document Created: 2018-11-14 10:19:33
Document Modified: 2018-11-14 10:19:33
| 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 on July 26, 2017. | |
| Contact | James Biggins, General Counsel, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW., Suite 700, Washington, DC 20004-2901, (202) 694-7000. | |
| FR Citation | 82 FR 30722 | |
| RIN Number | 3155-AA00 |
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