82_FR_34978 82 FR 34835 - Freedom of Information Act and Government in the Sunshine Act Procedures

82 FR 34835 - Freedom of Information Act and Government in the Sunshine Act Procedures

PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

Federal Register Volume 82, Issue 143 (July 27, 2017)

Page Range34835-34838
FR Document2017-15660

The Privacy and Civil Liberties Oversight Board is updating its Freedom of Information Act regulation to conform to the FOIA Amendments Act of 2016 and updating its Sunshine Act regulation to clarify how public meetings will be announced and how changes to the meeting may occur after public announcement.

Federal Register, Volume 82 Issue 143 (Thursday, July 27, 2017)
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Rules and Regulations]
[Pages 34835-34838]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15660]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules 
and Regulations

[[Page 34835]]



PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

6 CFR Parts 1001 and 1003

[PCLOB Case 2017-001; Docket No. 2017-0001; Sequence No. 1]
RIN 0311-AA03


Freedom of Information Act and Government in the Sunshine Act 
Procedures

AGENCY: Privacy and Civil Liberties Oversight Board.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Privacy and Civil Liberties Oversight Board is updating 
its Freedom of Information Act regulation to conform to the FOIA 
Amendments Act of 2016 and updating its Sunshine Act regulation to 
clarify how public meetings will be announced and how changes to the 
meeting may occur after public announcement.

DATES: Effective: August 28, 2017.

FOR FURTHER INFORMATION CONTACT: Ms. Lynn Parker Dupree, Deputy General 
Counsel, Privacy and Civil Liberties Oversight Board, at 202-296-4682 
or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The changes to the Freedom of Information Act are conforming 
amendments to reflect the requirements of the FOIA Improvement Act of 
2016. The changes to the Sunshine Act regulation are conforming 
amendments that reflect changes to the agency's Sunshine Act 
procedures.

II. Regulatory Analysis and Notices

Executive Order 12866

    This final rule is not a ``significant regulatory action'' within 
the meaning of Executive Order 12866. The economic impact of these 
regulations should be minimal, therefore, further economic evaluation 
is not necessary.

Regulatory Flexibility Act, as Amended

    The Regulatory Flexibility Act, as amended by the Small Business 
Regulatory Enforcement Act of 1996 (5 U.S.C. 601 et seq.), generally 
requires an agency to prepare a regulatory flexibility analysis for any 
rule subject to notice and comment rulemaking under the Administrative 
Procedure Act or any other statute, unless the agency certifies that 
the rule will not have a significant economic impact on a number of 
small entities. Small entities include small businesses, small 
organizations, and small government jurisdictions. The Board considered 
the effects on this rulemaking on small entities and certifies that 
this final rule will not have a significant impact on a substantial 
number of small entities.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, 
requires each agency to assess the effects of its regulatory actions on 
state, local, and tribal governments, and the private sector. Agencies 
must prepare a written statement of economic and regulatory 
alternatives anytime a proposed or final rule imposes a new or 
additional enforceable duty on any state, local, or tribal government 
or the private sector that causes those entities to spend, in 
aggregate, $100 million or more (adjusted for inflation) in any one 
year (defined in UMRA as a ``federal mandate''). The Board determined 
that such a written statement is not required in connection with this 
final rule because it will not impose a federal mandate, as defined in 
UMRA.

National Environmental Policy Act

    The Board analyzed this final rule for purposes of the National 
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., and 
determined that it would not significantly affect the environment; 
therefore, an environmental impact statement is not required.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et 
seq., federal agencies must obtain approval from the Office of 
Management and Budget for each collection of information they conduct, 
sponsor, or require through regulations. This final rule does not 
include an information collection for purposes of the PRA.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, dated August 4, 1999, and 
the Board determined that it does not have sufficient implications for 
federalism to warrant the preparation of a Federalism Assessment.

List of Subjects in 6 CFR Parts 1001 and 1003

    Administrative practice and procedure, Public availability of 
information, Meetings.

    Dated: July 19, 2017.
Lynn Parker Dupree,
Deputy General Counsel, Alternate Designated Agency Ethics Official, 
Privacy and Civil Liberties Oversight Board.

    For the reasons set forth in the preamble, the Board amends 6 CFR 
parts 1001 and 1003 as set forth below:

PART 1001--PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM 
OF INFORMATION ACT

0
1. The authority citation for part 1001 continues to read as follows:

    Authority: 5 U.S.C. 552, as amended; Executive Order 12600.

0
2. Amend Sec.  1001.2 by revising the definition ``Chief FOIA Officer'' 
to read as follows:


Sec.  1001.2  Definitions.

* * * * *
    Chief FOIA Officer means the senior official to whom the Board 
delegated responsibility for efficient and appropriate compliance with 
the FOIA.
* * * * *

0
 3. Revise Sec.  1001.5 to read as follows:


Sec.  1001.5  Requests for records.

    (a) You may request copies of records under this part by email to 
[email protected] or in writing addressed to FOIA Officer, Privacy and 
Civil Liberties Oversight Board. Requestors should check the Board's 
Web site at https://www.pclob.gov for the Board's current mailing 
address. Please provide contact information, such as your phone number, 
email address, and/or mailing address, to assist the Board in 
communicating with you and providing released records.
    (b) Your request shall reasonably describe the records sought with 
sufficient specificity, and when

[[Page 34836]]

possible, include names, dates, and subject matter, in order to permit 
the FOIA Officer to locate the records with a reasonable amount of 
effort. If the FOIA Officer cannot locate responsive records based on 
your written description, you will be notified and advised that further 
identifying information is necessary before the request can be 
fulfilled. Requesters who are attempting to reformulate or modify such 
a request may discuss their request with the Board's FOIA Officer or 
FOIA Public Liaison. If a request does not reasonably describe the 
records sought, the Board's response to the request is likely to be 
delayed.
    (c) Although requests are considered either FOIA or Privacy Act 
requests, the Board processes requests for records in accordance with 
both laws so as to provide the greatest degree of lawful access while 
safeguarding an individual's personal privacy.
    (d) Your request should specify your preferred form or format 
(including electronic formats) for the records you seek. We will 
accommodate your request if the record is readily available in that 
form or format. When you do not specify the form or format of the 
response, we will provide responsive records in the form or format most 
convenient to us.

0
4. Amend Sec.  1001.6 by--
0
a. Removing ``and'' from the end of paragraph (b)(3);
0
b. Removing the period from the end of paragraph (b)(4) and adding ``; 
and'' in its place;
0
c. Adding paragraph (b)(5);
0
d. Revising paragraph (c)(1); and
0
e. Adding paragraph (d).
    The additions and revision read as follows:


Sec.  1001.6   Responsibility for responding to requests.

* * * * *
    (b) * * *
    (5) A statement notifying you of the assistance available from the 
Board's FOIA Public Liaison and the dispute resolution services offered 
by OGIS.
    (c) * * *
    (1) Upon receipt of a FOIA request for a record within the Board's 
possession, the FOIA Officer should determine if the Board or another 
federal agency is best able to determine eligibility for disclosure 
under the FOIA. As to any such record, the FOIA Officer must proceed in 
one of the following ways:
    (i) Consultation. When records originated with the Board, but 
contain within them information of interest to or originated by another 
agency or Federal Government office, the FOIA Officer must consult with 
that other entity prior to making a release determination.
    (ii) Referral. When the FOIA Officer believes that a different 
agency is best able to determine whether to disclose the record the 
FOIA Officer will refer the responsibility for responding to the 
request regarding that record to that agency (but only if that other 
department or agency is subject to FOIA). Ordinarily, the department or 
agency that originated the record will be presumed best able to 
determine whether to disclose it. However, if the FOIA Officer and the 
originating agency jointly agree that the Board is in the best position 
to respond regarding the record, then the record may be handled as a 
consultation.
* * * * *
    (d) Coordination. The standard referral procedure is not 
appropriate where disclosure of the identity of the agency to which the 
referral would be made is classified for national security reasons or 
otherwise could harm an interest protected by an applicable exemption, 
such as the exemptions that protect personal privacy or national 
security interests. For instance, if the Board locates within its files 
materials originating with an Intelligence Community agency, and the 
involvement of that agency in the matter is classified and not publicly 
acknowledged, then to disclose or give attribution to the involvement 
of that Intelligence Community agency could cause national security 
harms. In such an instance, in order to avoid harm to an interest 
protected by an applicable exemption, the Board will coordinate with 
the originating agency to seek its views on the disclosability of the 
record. The release determination for the record that is the subject of 
the coordination will then be conveyed to the requester by the Board.

0
5. Revise Sec.  1001.7 to read as follows:


Sec.  1001.7  Administrative appeals.

    (a) You may appeal an adverse determination related to your FOIA 
request, or the Board's failure to respond to your FOIA request within 
the prescribed time limits, to the Chief FOIA Officer, Privacy and 
Civil Liberties Oversight Board. Requestors should check the Board's 
Web site at https://www.pclob.gov for the Board's current mailing 
address.
    (b) Your appeal must be in writing, sent to the address posted on 
the Board's Web site in accordance with paragraph (a) of this section, 
and it must be postmarked, or in the case of electronic submissions, 
transmitted, within 90 calendar days after the date of the letter 
denying your request, in whole or in part. The appeal should clearly 
identify the agency determination that is being appealed and the 
assigned case request number. In case of the Board's failure to respond 
within the statutory time frame, you may submit an administrative 
appeal at any time until an agency response has been provided. For the 
most expeditious handling, your appeal letter and envelope, or subject 
line of the electronic transmission, should be marked ``Freedom of 
Information Act appeal.''
    (c) Your appeal letter should state facts and may cite legal or 
other authorities in support of your request.
    (d) On receipt of any appeal involving classified information, the 
Chief FOIA Officer must take appropriate action to ensure compliance 
with applicable classification rules.
    (e) The Chief FOIA Officer shall respond to all administrative 
appeals in writing and within the time frame stated in Sec.  1001.8(d). 
If the decision affirms, in whole or in part, the FOIA Officer's 
determination, the letter shall contain a statement of the reasons for 
the affirmance, including any FOIA exemption(s) applied, and will 
inform you of the FOIA's provisions for court review. If the Chief FOIA 
Officer reverses or modifies the FOIA Officer's determination, in whole 
or in part, you will be notified in writing and your request will be 
reprocessed in accordance with that decision. The Board may work with 
Office of Government Information Services (OGIS) to resolve disputes 
between FOIA requestors and the Board. A requester may also contact 
OGIS in the following ways: Via mail to OGIS, National Archives and 
Records Administration, 8601 Adelphi Road--OGIS, College Park, MD 20740 
(ogis.archives.gov), via email at [email protected], or via the telephone 
at 202-741-5770 or 877-684-6448. Facsimile is also available at 202-
741-5769.

0
6. Amend Sec.  1001.9 by adding a sentence to the end of paragraphs (c) 
and (f) to read as follows:


Sec.  1001.9  Business information.

* * * * *
    (c) * * * Any information provided by a submitter under this 
subpart may itself be subject to disclosure under the FOIA.
* * * * *
    (f) * * * The Board also must notify the requester when it notifies 
the submitter of its intent to disclose the requested information, and 
whenever a submitter files a lawsuit to prevent the disclosure of the 
information.

[[Page 34837]]


0
7. Revise Sec.  1001.10 to read as follows:


Sec.  1001.10  Fees.

    (a) We will charge fees that recoup the full allowable direct costs 
we incur in processing your FOIA request. Fees may be charged for 
search, review or duplication. As a matter of administrative 
discretion, the Board may release records without charge or at a 
reduced rate whenever the Board determines that the interest of the 
United States government would be served. We will use the most 
efficient and least costly methods to comply with your request. The 
Board may charge for search time even if no records are located or the 
records located are exempt from disclosure. If the Board fails to 
comply with the FOIA's time limits in which to respond to a request, it 
may not charge search fees, unless the circumstances outlined in 
paragraph (o) of this section are met.
    (b) With regard to manual searches for records, we will charge the 
salary rate(s) (calculated as the basic rate of pay plus 16 percent of 
that basic rate to cover benefits) of the employee(s) performing the 
search.
    (c) In calculating charges for computer searches for records, we 
will charge at the actual direct cost of providing the service, 
including the cost of operating computers and other electronic 
equipment, such as photocopiers and scanners, directly attributable to 
searching for records potentially responsive to your FOIA request and 
the portion of the salary of the operators/programmers performing the 
search.
    (d) We may only charge requesters seeking documents for commercial 
use for time spent reviewing records to determine whether they are 
exempt from mandatory disclosure. Charges may be assessed only for the 
initial review--that is, the review undertaken the first time we 
analyze the applicability of a specific exemption to a particular 
record or portion of a record. Records or portions of records withheld 
in full under an exemption that is subsequently determined not to apply 
may be reviewed again to determine the applicability of other 
exemptions not previously considered. We may assess the costs for such 
subsequent review. No charge will be made for review at the 
administrative appeal stage of exemptions applied at the initial review 
stage.
    (e) Records will be duplicated at a rate of $.10 per page, except 
that the Board may adjust this rate from time to time by rule published 
in the Federal Register. For copies prepared by computer, such as 
tapes, CDs, DVDs, or printouts, we will charge the actual cost, 
including operator time, of production. For other methods of 
reproduction or duplication, we will charge the actual direct costs of 
producing the document(s). If we estimate that duplication charges are 
likely to exceed $25, we will notify you of the estimated amount of 
fees, unless you indicated in advance your willingness to pay fees as 
high as those anticipated. Our notice will offer you an opportunity to 
confer with Board personnel to reformulate the request to meet your 
needs at a lower cost. If the Board notifies you that the actual or 
estimated fees are in excess of $25.00, your request will not be 
considered received and further work will not be completed until you 
commit in writing to pay the actual or estimated total fee, or 
designate some amount of fees you are willing to pay, or in the case of 
a noncommercial use requester who has not yet been provided with your 
statutory entitlements, you designate that you seek only that which can 
be provided by the statutory entitlements. The Board's FOIA Officer or 
Public Liaison are available to assist you in reformulating your 
request to meet your needs at a lower cost.
    (f) We will charge you the full costs of providing you with the 
following services:
    (1) Certifying that records are true copies; or
    (2) Sending records by special methods such as express mail.
    (g) We may assess interest charges on an unpaid bill starting on 
the 31st calendar day following the day on which the billing was sent. 
Interest shall be at the rate prescribed in 31 U.S.C. 3717 and will 
accrue from the date of the billing until payment is received by the 
Board.
    (h) We will not charge a search fee for requests by educational 
institutions, non-commercial scientific institutions, or 
representatives of the news media. A search fee will be charged for a 
commercial use request.
    (i) The Board will not charge duplication fees for requests by 
educational institutions, non-commercial scientific institutions, or 
representatives of the news media for a non-commercial use request if 
the agency fails to comply with the FOIA's time limits in which to 
respond to a request.
    (j) Except for a commercial use request, we will not charge you for 
the first 100 pages of duplication and the first two hours of search.
    (k) You may not file multiple requests, each seeking portions of a 
document or documents, solely for the purpose of avoiding payment of 
fees. When the Board reasonably believes that a requester, or a group 
of requesters acting in concert, has submitted requests that constitute 
a single request involving clearly related matters, we may aggregate 
those requests and charge accordingly.
    (l) We may not require you to make payment before we begin work to 
satisfy the request or to continue work on a request, unless:
    (1) We estimate or determine that the allowable charges that you 
may be required to pay are likely to exceed $250; or
    (2) You have previously failed to pay a fee charged within 30 
calendar days of the date of billing.
    (m) In cases in which the Board requires advance payment, the 
request will not be considered received and further work will not be 
completed until the required payment is received. If you do not pay the 
advance payment within 30 calendar days after the date of the Board's 
fee determination, the request will be closed.
    (n) Upon written request, we may waive or reduce fees that are 
otherwise chargeable under this part. If you request a waiver or 
reduction in fees, you must demonstrate that a waiver or reduction in 
fees is in the public interest because disclosure of the requested 
records is likely to contribute significantly to the public 
understanding of the operations or activities of the government and is 
not primarily in your commercial interest. After processing, actual 
fees must exceed $25, for the Board to require payment of fees.
    (o) If the Board has determined that unusual circumstances, as 
defined by the FOIA, apply and more than 5,000 pages are necessary to 
respond to the request, the Board may charge search fees, or, in the 
case of requesters described in paragraph (h) of this section, may 
charge duplication fees, if the following steps are taken. The Board 
must have provided timely written notice of unusual circumstances to 
the requester in accordance with the FOIA and the agency must have 
discussed with the requester via written mail, email, or telephone (or 
made not less than three good-faith attempts to do so) how the 
requester could effectively limit the scope of the request in 
accordance with 5 U.S.C. 552(a)(6)(B)(ii). If this exception is 
satisfied, the Board may charge all applicable fees incurred in the 
processing of the request.

0
8. Add Sec.  1001.11 to read as follows:


Sec.  1001.11  Other rights and services.

    Nothing in this subpart shall be construed to entitle any person, 
as of right, to any service or to the disclosure

[[Page 34838]]

of any record to which such person is not entitled under the FOIA.

PART 1003--IMPLEMENTATION OF THE GOVERNMENT IN THE SUNSHINE ACT

0
9. The authority citation for part 1003 continues to read as follows:

    Authority: 5 U.S.C. 552b.

0
10. Amend Sec.  1003.4 by revising paragraph (c) and adding paragraphs 
(d) through (f) to read as follows:


Sec.  1003.4  Procedures for public announcement of meetings.

* * * * *
    (c) When a meeting has been called by the Chairman, the notice 
shall contain such agenda items as the Chairman designates. The notice 
shall be circulated to Members in advance of publication and Members, 
by majority vote, may add additional agenda items.
    (d) When a meeting is called by a majority of Members, the notice 
shall contain such agenda items as have been approved by a majority of 
the Board.
    (e) The Executive Director will ensure that the final agenda for 
the meeting conforms to the notice published in the Federal Register.
    (f) If public notice is provided by means other than publication in 
the Federal Register, notice will be promptly submitted to the Federal 
Register for publication.

0
11. Revise Sec.  1003.7 to read as follows:


Sec.  1003.7  Changes following public announcement.

    (a) The time, place, and agenda items of a meeting following the 
public announcement described in Sec.  1003.4, or the determination of 
the Board to open or close a meeting, or a portion thereof, to the 
public may be changed following public announcement only if:
    (1) A majority of all members determine by recorded vote that Board 
business so requires and that no earlier announcement of the change was 
possible; and
    (2) The Board publicly announces such change and the vote of each 
member thereon at the earliest practicable time.
    (b) Changes to the time, place and agenda items of a meeting called 
by the Chairman pursuant to Sec.  1003.4(c) must be made with the 
concurrence of the Chairman, except that when Members have, by majority 
vote, added additional agenda items, the addition of those agenda items 
does not require the Chairman's concurrence.

[FR Doc. 2017-15660 Filed 7-26-17; 8:45 am]
BILLING CODE 6820-B3-P



                                                                                                                                                                                                    34835

                                                Rules and Regulations                                                                                          Federal Register
                                                                                                                                                               Vol. 82, No. 143

                                                                                                                                                               Thursday, July 27, 2017



                                                This section of the FEDERAL REGISTER                     Regulatory Flexibility Act, as Amended                Executive Order 13132 (Federalism)
                                                contains regulatory documents having general
                                                                                                            The Regulatory Flexibility Act, as                   This action has been analyzed in
                                                applicability and legal effect, most of which
                                                are keyed to and codified in the Code of                 amended by the Small Business                         accordance with the principles and
                                                Federal Regulations, which is published under            Regulatory Enforcement Act of 1996 (5                 criteria contained in Executive Order
                                                50 titles pursuant to 44 U.S.C. 1510.                    U.S.C. 601 et seq.), generally requires an            13132, dated August 4, 1999, and the
                                                                                                         agency to prepare a regulatory flexibility            Board determined that it does not have
                                                The Code of Federal Regulations is sold by               analysis for any rule subject to notice               sufficient implications for federalism to
                                                the Superintendent of Documents.                         and comment rulemaking under the                      warrant the preparation of a Federalism
                                                                                                         Administrative Procedure Act or any                   Assessment.
                                                PRIVACY AND CIVIL LIBERTIES                              other statute, unless the agency certifies            List of Subjects in 6 CFR Parts 1001 and
                                                OVERSIGHT BOARD                                          that the rule will not have a significant             1003
                                                                                                         economic impact on a number of small
                                                                                                         entities. Small entities include small                  Administrative practice and
                                                6 CFR Parts 1001 and 1003
                                                                                                         businesses, small organizations, and                  procedure, Public availability of
                                                [PCLOB Case 2017–001; Docket No. 2017–                   small government jurisdictions. The                   information, Meetings.
                                                0001; Sequence No. 1]                                    Board considered the effects on this                    Dated: July 19, 2017.
                                                RIN 0311–AA03
                                                                                                         rulemaking on small entities and                      Lynn Parker Dupree,
                                                                                                         certifies that this final rule will not have          Deputy General Counsel, Alternate
                                                Freedom of Information Act and                           a significant impact on a substantial                 Designated Agency Ethics Official, Privacy
                                                Government in the Sunshine Act                           number of small entities.                             and Civil Liberties Oversight Board.
                                                Procedures                                               Unfunded Mandates Reform Act of 1995                    For the reasons set forth in the
                                                                                                                                                               preamble, the Board amends 6 CFR
                                                AGENCY:  Privacy and Civil Liberties                        The Unfunded Mandates Reform Act                   parts 1001 and 1003 as set forth below:
                                                Oversight Board.                                         of 1995 (UMRA), Public Law 104–4,
                                                ACTION: Final rule.                                      requires each agency to assess the                    PART 1001—PROCEDURES FOR
                                                                                                         effects of its regulatory actions on state,           DISCLOSURE OF RECORDS UNDER
                                                SUMMARY:   The Privacy and Civil                         local, and tribal governments, and the                THE FREEDOM OF INFORMATION ACT
                                                Liberties Oversight Board is updating its                private sector. Agencies must prepare a
                                                Freedom of Information Act regulation                    written statement of economic and                     ■ 1. The authority citation for part 1001
                                                to conform to the FOIA Amendments                        regulatory alternatives anytime a                     continues to read as follows:
                                                Act of 2016 and updating its Sunshine                    proposed or final rule imposes a new or                 Authority: 5 U.S.C. 552, as amended;
                                                Act regulation to clarify how public                     additional enforceable duty on any                    Executive Order 12600.
                                                meetings will be announced and how                       state, local, or tribal government or the             ■ 2. Amend § 1001.2 by revising the
                                                changes to the meeting may occur after                   private sector that causes those entities             definition ‘‘Chief FOIA Officer’’ to read
                                                public announcement.                                     to spend, in aggregate, $100 million or               as follows:
                                                DATES: Effective: August 28, 2017.                       more (adjusted for inflation) in any one
                                                                                                         year (defined in UMRA as a ‘‘federal                  § 1001.2    Definitions.
                                                FOR FURTHER INFORMATION CONTACT: Ms.
                                                Lynn Parker Dupree, Deputy General                       mandate’’). The Board determined that                 *     *     *    *      *
                                                Counsel, Privacy and Civil Liberties                     such a written statement is not required                Chief FOIA Officer means the senior
                                                Oversight Board, at 202–296–4682 or                      in connection with this final rule                    official to whom the Board delegated
                                                lynn.parker.dupree@pclob.gov.                            because it will not impose a federal                  responsibility for efficient and
                                                                                                         mandate, as defined in UMRA.                          appropriate compliance with the FOIA.
                                                SUPPLEMENTARY INFORMATION:
                                                                                                                                                               *     *     *    *      *
                                                                                                         National Environmental Policy Act
                                                I. Background                                                                                                  ■ 3. Revise § 1001.5 to read as follows:
                                                                                                           The Board analyzed this final rule for
                                                  The changes to the Freedom of                                                                                § 1001.5    Requests for records.
                                                                                                         purposes of the National Environmental
                                                Information Act are conforming
                                                                                                         Policy Act of 1969, 42 U.S.C. 4321 et                   (a) You may request copies of records
                                                amendments to reflect the requirements
                                                                                                         seq., and determined that it would not                under this part by email to FOIA@
                                                of the FOIA Improvement Act of 2016.
                                                                                                         significantly affect the environment;                 pclob.gov or in writing addressed to
                                                The changes to the Sunshine Act
                                                                                                         therefore, an environmental impact                    FOIA Officer, Privacy and Civil
                                                regulation are conforming amendments
                                                                                                         statement is not required.                            Liberties Oversight Board. Requestors
                                                that reflect changes to the agency’s
                                                                                                                                                               should check the Board’s Web site at
                                                Sunshine Act procedures.                                 Paperwork Reduction Act
                                                                                                                                                               https://www.pclob.gov for the Board’s
                                                II. Regulatory Analysis and Notices                        Under the Paperwork Reduction Act                   current mailing address. Please provide
                                                                                                         of 1995 (PRA), 44 U.S.C. 3501 et seq.,                contact information, such as your phone
                                                Executive Order 12866
mstockstill on DSK30JT082PROD with RULES




                                                                                                         federal agencies must obtain approval                 number, email address, and/or mailing
                                                  This final rule is not a ‘‘significant                 from the Office of Management and                     address, to assist the Board in
                                                regulatory action’’ within the meaning                   Budget for each collection of                         communicating with you and providing
                                                of Executive Order 12866. The                            information they conduct, sponsor, or                 released records.
                                                economic impact of these regulations                     require through regulations. This final                 (b) Your request shall reasonably
                                                should be minimal, therefore, further                    rule does not include an information                  describe the records sought with
                                                economic evaluation is not necessary.                    collection for purposes of the PRA.                   sufficient specificity, and when


                                           VerDate Sep<11>2014   17:07 Jul 26, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\27JYR1.SGM   27JYR1


                                                34836              Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules and Regulations

                                                possible, include names, dates, and                      must consult with that other entity prior             the letter denying your request, in
                                                subject matter, in order to permit the                   to making a release determination.                    whole or in part. The appeal should
                                                FOIA Officer to locate the records with                     (ii) Referral. When the FOIA Officer               clearly identify the agency
                                                a reasonable amount of effort. If the                    believes that a different agency is best              determination that is being appealed
                                                FOIA Officer cannot locate responsive                    able to determine whether to disclose                 and the assigned case request number.
                                                records based on your written                            the record the FOIA Officer will refer                In case of the Board’s failure to respond
                                                description, you will be notified and                    the responsibility for responding to the              within the statutory time frame, you
                                                advised that further identifying                         request regarding that record to that                 may submit an administrative appeal at
                                                information is necessary before the                      agency (but only if that other                        any time until an agency response has
                                                request can be fulfilled. Requesters who                 department or agency is subject to                    been provided. For the most expeditious
                                                are attempting to reformulate or modify                  FOIA). Ordinarily, the department or                  handling, your appeal letter and
                                                such a request may discuss their request                 agency that originated the record will be             envelope, or subject line of the
                                                with the Board’s FOIA Officer or FOIA                    presumed best able to determine                       electronic transmission, should be
                                                Public Liaison. If a request does not                    whether to disclose it. However, if the               marked ‘‘Freedom of Information Act
                                                reasonably describe the records sought,                  FOIA Officer and the originating agency               appeal.’’
                                                the Board’s response to the request is                   jointly agree that the Board is in the best              (c) Your appeal letter should state
                                                likely to be delayed.                                    position to respond regarding the                     facts and may cite legal or other
                                                   (c) Although requests are considered                  record, then the record may be handled                authorities in support of your request.
                                                either FOIA or Privacy Act requests, the                 as a consultation.                                       (d) On receipt of any appeal involving
                                                Board processes requests for records in                                                                        classified information, the Chief FOIA
                                                                                                         *       *    *     *     *
                                                accordance with both laws so as to                                                                             Officer must take appropriate action to
                                                                                                            (d) Coordination. The standard
                                                provide the greatest degree of lawful                                                                          ensure compliance with applicable
                                                                                                         referral procedure is not appropriate                 classification rules.
                                                access while safeguarding an                             where disclosure of the identity of the                  (e) The Chief FOIA Officer shall
                                                individual’s personal privacy.                           agency to which the referral would be                 respond to all administrative appeals in
                                                   (d) Your request should specify your                  made is classified for national security              writing and within the time frame stated
                                                preferred form or format (including                      reasons or otherwise could harm an                    in § 1001.8(d). If the decision affirms, in
                                                electronic formats) for the records you                  interest protected by an applicable                   whole or in part, the FOIA Officer’s
                                                seek. We will accommodate your                           exemption, such as the exemptions that                determination, the letter shall contain a
                                                request if the record is readily available               protect personal privacy or national                  statement of the reasons for the
                                                in that form or format. When you do not                  security interests. For instance, if the              affirmance, including any FOIA
                                                specify the form or format of the                        Board locates within its files materials              exemption(s) applied, and will inform
                                                response, we will provide responsive                     originating with an Intelligence                      you of the FOIA’s provisions for court
                                                records in the form or format most                       Community agency, and the                             review. If the Chief FOIA Officer
                                                convenient to us.                                        involvement of that agency in the matter              reverses or modifies the FOIA Officer’s
                                                ■ 4. Amend § 1001.6 by—                                  is classified and not publicly                        determination, in whole or in part, you
                                                ■ a. Removing ‘‘and’’ from the end of                    acknowledged, then to disclose or give                will be notified in writing and your
                                                paragraph (b)(3);                                        attribution to the involvement of that                request will be reprocessed in
                                                ■ b. Removing the period from the end                    Intelligence Community agency could                   accordance with that decision. The
                                                of paragraph (b)(4) and adding ‘‘; and’’                 cause national security harms. In such                Board may work with Office of
                                                in its place;                                            an instance, in order to avoid harm to                Government Information Services
                                                ■ c. Adding paragraph (b)(5);                            an interest protected by an applicable                (OGIS) to resolve disputes between
                                                ■ d. Revising paragraph (c)(1); and                      exemption, the Board will coordinate                  FOIA requestors and the Board. A
                                                ■ e. Adding paragraph (d).                               with the originating agency to seek its               requester may also contact OGIS in the
                                                   The additions and revision read as                    views on the disclosability of the record.            following ways: Via mail to OGIS,
                                                follows:                                                 The release determination for the record              National Archives and Records
                                                                                                         that is the subject of the coordination               Administration, 8601 Adelphi Road—
                                                § 1001.6 Responsibility for responding to                will then be conveyed to the requester                OGIS, College Park, MD 20740
                                                requests.                                                by the Board.                                         (ogis.archives.gov), via email at ogis@
                                                *      *     *    *    *                                 ■ 5. Revise § 1001.7 to read as follows:              nara.gov, or via the telephone at 202–
                                                   (b) * * *                                                                                                   741–5770 or 877–684–6448. Facsimile is
                                                   (5) A statement notifying you of the                  § 1001.7   Administrative appeals.                    also available at 202–741–5769.
                                                assistance available from the Board’s                      (a) You may appeal an adverse                       ■ 6. Amend § 1001.9 by adding a
                                                FOIA Public Liaison and the dispute                      determination related to your FOIA                    sentence to the end of paragraphs (c)
                                                resolution services offered by OGIS.                     request, or the Board’s failure to                    and (f) to read as follows:
                                                   (c) * * *                                             respond to your FOIA request within
                                                   (1) Upon receipt of a FOIA request for                the prescribed time limits, to the Chief              § 1001.9    Business information.
                                                a record within the Board’s possession,                  FOIA Officer, Privacy and Civil                       *      *    *      *    *
                                                the FOIA Officer should determine if                     Liberties Oversight Board. Requestors                    (c) * * * Any information provided
                                                the Board or another federal agency is                   should check the Board’s Web site at                  by a submitter under this subpart may
                                                best able to determine eligibility for                   https://www.pclob.gov for the Board’s                 itself be subject to disclosure under the
                                                disclosure under the FOIA. As to any                     current mailing address.                              FOIA.
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                                                such record, the FOIA Officer must                         (b) Your appeal must be in writing,                 *      *    *      *    *
                                                proceed in one of the following ways:                    sent to the address posted on the                        (f) * * * The Board also must notify
                                                   (i) Consultation. When records                        Board’s Web site in accordance with                   the requester when it notifies the
                                                originated with the Board, but contain                   paragraph (a) of this section, and it must            submitter of its intent to disclose the
                                                within them information of interest to or                be postmarked, or in the case of                      requested information, and whenever a
                                                originated by another agency or Federal                  electronic submissions, transmitted,                  submitter files a lawsuit to prevent the
                                                Government office, the FOIA Officer                      within 90 calendar days after the date of             disclosure of the information.


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                                                                   Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules and Regulations                                            34837

                                                ■   7. Revise § 1001.10 to read as follows:              including operator time, of production.               that a requester, or a group of requesters
                                                                                                         For other methods of reproduction or                  acting in concert, has submitted
                                                § 1001.10   Fees.                                        duplication, we will charge the actual                requests that constitute a single request
                                                   (a) We will charge fees that recoup the               direct costs of producing the                         involving clearly related matters, we
                                                full allowable direct costs we incur in                  document(s). If we estimate that                      may aggregate those requests and charge
                                                processing your FOIA request. Fees may                   duplication charges are likely to exceed              accordingly.
                                                be charged for search, review or                         $25, we will notify you of the estimated                 (l) We may not require you to make
                                                duplication. As a matter of                              amount of fees, unless you indicated in               payment before we begin work to satisfy
                                                administrative discretion, the Board                     advance your willingness to pay fees as               the request or to continue work on a
                                                may release records without charge or at                 high as those anticipated. Our notice                 request, unless:
                                                a reduced rate whenever the Board                        will offer you an opportunity to confer                  (1) We estimate or determine that the
                                                determines that the interest of the                      with Board personnel to reformulate the               allowable charges that you may be
                                                United States government would be                        request to meet your needs at a lower                 required to pay are likely to exceed
                                                served. We will use the most efficient                   cost. If the Board notifies you that the              $250; or
                                                and least costly methods to comply with                  actual or estimated fees are in excess of                (2) You have previously failed to pay
                                                your request. The Board may charge for                   $25.00, your request will not be                      a fee charged within 30 calendar days of
                                                search time even if no records are                       considered received and further work                  the date of billing.
                                                located or the records located are                       will not be completed until you commit                   (m) In cases in which the Board
                                                exempt from disclosure. If the Board                     in writing to pay the actual or estimated             requires advance payment, the request
                                                fails to comply with the FOIA’s time                     total fee, or designate some amount of                will not be considered received and
                                                limits in which to respond to a request,                 fees you are willing to pay, or in the                further work will not be completed until
                                                it may not charge search fees, unless the                case of a noncommercial use requester                 the required payment is received. If you
                                                circumstances outlined in paragraph (o)                  who has not yet been provided with                    do not pay the advance payment within
                                                of this section are met.                                 your statutory entitlements, you                      30 calendar days after the date of the
                                                   (b) With regard to manual searches for                designate that you seek only that which               Board’s fee determination, the request
                                                records, we will charge the salary rate(s)               can be provided by the statutory                      will be closed.
                                                (calculated as the basic rate of pay plus                entitlements. The Board’s FOIA Officer                   (n) Upon written request, we may
                                                16 percent of that basic rate to cover                   or Public Liaison are available to assist             waive or reduce fees that are otherwise
                                                benefits) of the employee(s) performing                  you in reformulating your request to                  chargeable under this part. If you
                                                the search.                                              meet your needs at a lower cost.                      request a waiver or reduction in fees,
                                                   (c) In calculating charges for computer                  (f) We will charge you the full costs              you must demonstrate that a waiver or
                                                searches for records, we will charge at                  of providing you with the following                   reduction in fees is in the public interest
                                                the actual direct cost of providing the                  services:                                             because disclosure of the requested
                                                service, including the cost of operating                    (1) Certifying that records are true               records is likely to contribute
                                                computers and other electronic                           copies; or                                            significantly to the public
                                                equipment, such as photocopiers and                         (2) Sending records by special                     understanding of the operations or
                                                scanners, directly attributable to                       methods such as express mail.                         activities of the government and is not
                                                searching for records potentially                           (g) We may assess interest charges on              primarily in your commercial interest.
                                                responsive to your FOIA request and the                  an unpaid bill starting on the 31st                   After processing, actual fees must
                                                portion of the salary of the operators/                  calendar day following the day on                     exceed $25, for the Board to require
                                                programmers performing the search.                       which the billing was sent. Interest shall            payment of fees.
                                                   (d) We may only charge requesters                     be at the rate prescribed in 31 U.S.C.                   (o) If the Board has determined that
                                                seeking documents for commercial use                     3717 and will accrue from the date of                 unusual circumstances, as defined by
                                                for time spent reviewing records to                      the billing until payment is received by              the FOIA, apply and more than 5,000
                                                determine whether they are exempt                        the Board.                                            pages are necessary to respond to the
                                                from mandatory disclosure. Charges                          (h) We will not charge a search fee for            request, the Board may charge search
                                                may be assessed only for the initial                     requests by educational institutions,                 fees, or, in the case of requesters
                                                review—that is, the review undertaken                    non-commercial scientific institutions,               described in paragraph (h) of this
                                                the first time we analyze the                            or representatives of the news media. A               section, may charge duplication fees, if
                                                applicability of a specific exemption to                 search fee will be charged for a                      the following steps are taken. The Board
                                                a particular record or portion of a                      commercial use request.                               must have provided timely written
                                                record. Records or portions of records                      (i) The Board will not charge                      notice of unusual circumstances to the
                                                withheld in full under an exemption                      duplication fees for requests by                      requester in accordance with the FOIA
                                                that is subsequently determined not to                   educational institutions, non-                        and the agency must have discussed
                                                apply may be reviewed again to                           commercial scientific institutions, or                with the requester via written mail,
                                                determine the applicability of other                     representatives of the news media for a               email, or telephone (or made not less
                                                exemptions not previously considered.                    non-commercial use request if the                     than three good-faith attempts to do so)
                                                We may assess the costs for such                         agency fails to comply with the FOIA’s                how the requester could effectively limit
                                                subsequent review. No charge will be                     time limits in which to respond to a                  the scope of the request in accordance
                                                made for review at the administrative                    request.                                              with 5 U.S.C. 552(a)(6)(B)(ii). If this
                                                appeal stage of exemptions applied at                       (j) Except for a commercial use                    exception is satisfied, the Board may
                                                the initial review stage.                                request, we will not charge you for the               charge all applicable fees incurred in
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                                                   (e) Records will be duplicated at a rate              first 100 pages of duplication and the                the processing of the request.
                                                of $.10 per page, except that the Board                  first two hours of search.                            ■ 8. Add § 1001.11 to read as follows:
                                                may adjust this rate from time to time                      (k) You may not file multiple
                                                by rule published in the Federal                         requests, each seeking portions of a                  § 1001.11    Other rights and services.
                                                Register. For copies prepared by                         document or documents, solely for the                    Nothing in this subpart shall be
                                                computer, such as tapes, CDs, DVDs, or                   purpose of avoiding payment of fees.                  construed to entitle any person, as of
                                                printouts, we will charge the actual cost,               When the Board reasonably believes                    right, to any service or to the disclosure


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                                                34838              Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules and Regulations

                                                of any record to which such person is                    DEPARTMENT OF TRANSPORTATION                          street address for the Docket Operations
                                                not entitled under the FOIA.                                                                                   Office (telephone 800–647–5527) is in
                                                                                                         Federal Aviation Administration                       the ADDRESSES section. Comments will
                                                PART 1003—IMPLEMENTATION OF                                                                                    be available in the AD docket shortly
                                                THE GOVERNMENT IN THE SUNSHINE                           14 CFR Part 39                                        after receipt.
                                                ACT                                                                                                               For service information identified in
                                                                                                         [Docket No. FAA–2017–0664; Directorate
                                                                                                         Identifier 2016–SW–073–AD; Amendment                  this final rule, contact Sikorsky Aircraft
                                                ■ 9. The authority citation for part 1003                                                                      Corporation, Customer Service
                                                                                                         39–18947; AD 2017–14–03]
                                                continues to read as follows:                                                                                  Engineering, 124 Quarry Road,
                                                    Authority: 5 U.S.C. 552b.                            RIN 2120–AA64                                         Trumbull, CT 06611; telephone 1–800–
                                                ■ 10. Amend § 1003.4 by revising                         Airworthiness Directives; Sikorsky                    Winged–S or 203–416–4299; email:
                                                paragraph (c) and adding paragraphs (d)                  Aircraft Corporation                                  wcs_cust_service_eng.gr-sik@lmco.com.
                                                through (f) to read as follows:                                                                                You may review the referenced service
                                                                                                         AGENCY:  Federal Aviation                             information at the FAA, Office of the
                                                § 1003.4 Procedures for public                           Administration (FAA), DOT.                            Regional Counsel, Southwest Region,
                                                announcement of meetings.                                                                                      10101 Hillwood Pkwy., Room 6N–321,
                                                                                                         ACTION: Final rule; request for
                                                *      *    *     *      *                               comments.                                             Fort Worth, TX 76177. It is also
                                                  (c) When a meeting has been called by                                                                        available on the Internet at http://
                                                the Chairman, the notice shall contain                   SUMMARY:   We are adopting a new                      www.regulations.gov by searching for
                                                such agenda items as the Chairman                        airworthiness directive (AD) for                      and locating Docket No. FAA–2017–
                                                designates. The notice shall be                          Sikorsky Aircraft Corporation (Sikorsky)              0664.
                                                circulated to Members in advance of                      Model S–92A helicopters. This AD                      FOR FURTHER INFORMATION CONTACT:
                                                publication and Members, by majority                     requires an inspection and reduces the                Dorie Resnik, Aviation Safety Engineer,
                                                vote, may add additional agenda items.                   retirement lives of certain landing gear              Boston Aircraft Certification Office,
                                                  (d) When a meeting is called by a                      components. This AD is prompted by a                  Engine & Propeller Directorate, 1200
                                                majority of Members, the notice shall                    revised analysis of the fatigue life of the           District Avenue, Burlington,
                                                contain such agenda items as have been                   landing gear. The actions of this AD are              Massachusetts 01803; telephone (781)
                                                approved by a majority of the Board.                     intended to prevent an unsafe condition               238–7693; email dorie.resnik@faa.gov.
                                                  (e) The Executive Director will ensure                 on these products.
                                                                                                                                                               SUPPLEMENTARY INFORMATION:
                                                that the final agenda for the meeting                    DATES: This AD becomes effective
                                                conforms to the notice published in the                  August 11, 2017.                                      Comments Invited
                                                Federal Register.                                          The Director of the Federal Register                   This AD is a final rule that involves
                                                  (f) If public notice is provided by                    approved the incorporation by reference               requirements affecting flight safety, and
                                                means other than publication in the                      of a certain document listed in this AD               we did not provide you with notice and
                                                Federal Register, notice will be                         as of August 11, 2017.                                an opportunity to provide your
                                                promptly submitted to the Federal                          We must receive comments on this                    comments prior to it becoming effective.
                                                Register for publication.                                AD by September 25, 2017.                             However, we invite you to participate in
                                                ■ 11. Revise § 1003.7 to read as follows:                ADDRESSES: You may send comments by                   this rulemaking by submitting written
                                                § 1003.7 Changes following public
                                                                                                         any of the following methods:                         comments, data, or views. We also
                                                announcement.                                              • Federal eRulemaking Docket: Go to                 invite comments relating to the
                                                                                                         http://www.regulations.gov. Follow the                economic, environmental, energy, or
                                                  (a) The time, place, and agenda items                  online instructions for sending your                  federalism impacts that resulted from
                                                of a meeting following the public                        comments electronically.                              adopting this AD. The most helpful
                                                announcement described in § 1003.4, or                     • Fax: 202–493–2251.                                comments reference a specific portion of
                                                the determination of the Board to open                     • Mail: Send comments to the U.S.                   the AD, explain the reason for any
                                                or close a meeting, or a portion thereof,                Department of Transportation, Docket                  recommended change, and include
                                                to the public may be changed following                   Operations, M–30, West Building                       supporting data. To ensure the docket
                                                public announcement only if:                             Ground Floor, Room W12–140, 1200                      does not contain duplicate comments,
                                                  (1) A majority of all members                          New Jersey Avenue SE., Washington,                    commenters should send only one copy
                                                determine by recorded vote that Board                    DC 20590–0001.                                        of written comments, or if comments are
                                                business so requires and that no earlier                   • Hand Delivery: Deliver to the                     filed electronically, commenters should
                                                announcement of the change was                           ‘‘Mail’’ address between 9 a.m. and 5                 submit them only one time. We will file
                                                possible; and                                            p.m., Monday through Friday, except                   in the docket all comments that we
                                                  (2) The Board publicly announces                       Federal holidays.                                     receive, as well as a report summarizing
                                                such change and the vote of each                                                                               each substantive public contact with
                                                member thereon at the earliest                           Examining the AD Docket
                                                                                                                                                               FAA personnel concerning this
                                                practicable time.                                          You may examine the AD docket on                    rulemaking during the comment period.
                                                  (b) Changes to the time, place and                     the Internet at http://                               We will consider all the comments we
                                                agenda items of a meeting called by the                  www.regulations.gov by searching for                  receive and may conduct additional
                                                Chairman pursuant to § 1003.4(c) must                    and locating Docket No. FAA–2017–                     rulemaking based on those comments.
                                                be made with the concurrence of the                      0664; or in person at the Docket
                                                Chairman, except that when Members                                                                             Discussion
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                                                                                                         Operations Office between 9 a.m. and 5
                                                have, by majority vote, added additional                 p.m., Monday through Friday, except                      We are adopting a new AD for
                                                agenda items, the addition of those                      Federal holidays. The AD docket                       Sikorsky Model S–92A helicopters. This
                                                agenda items does not require the                        contains this AD, any incorporated by                 AD is prompted by Sikorsky’s updated
                                                Chairman’s concurrence.                                  reference service information, the                    fatigue analysis of the nose and main
                                                [FR Doc. 2017–15660 Filed 7–26–17; 8:45 am]              economic evaluation, any comments                     landing gear as part of a supplier
                                                BILLING CODE 6820–B3–P                                   received, and other information. The                  transition project. The updated fatigue


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Document Created: 2017-07-27 02:07:33
Document Modified: 2017-07-27 02:07:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective: August 28, 2017.
ContactMs. Lynn Parker Dupree, Deputy General Counsel, Privacy and Civil Liberties Oversight Board, at 202-296-4682 or [email protected]
FR Citation82 FR 34835 
RIN Number0311-AA03
CFR Citation6 CFR 1001
6 CFR 1003
CFR AssociatedAdministrative Practice and Procedure; Public Availability of Information and Meetings

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