82 FR 45679 - Rules Regarding Availability of Information
FEDERAL RESERVE SYSTEM Federal Register Volume 82, Issue 189 (October 2, 2017)
Federal Register Volume 82, Issue 189 (October 2, 2017)
| Page Range | 45679-45680 | |
| FR Document | 2017-21071 |
[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)] [Rules and Regulations] [Pages 45679-45680] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21071] ======================================================================== 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. 189 / Monday, October 2, 2017 / Rules and Regulations [[Page 45679]] FEDERAL RESERVE SYSTEM 12 CFR Part 271 Rules Regarding Availability of Information AGENCY: Federal Open Market Committee, Federal Reserve System. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Federal Open Market Committee (``Committee'') is finalizing its interim final rule amending the Committee's regulations under the Freedom of Information Act (``FOIA''). The FOIA Improvement Act of 2016 (``Improvement Act'') amended the FOIA and required each federal agency to review its FOIA regulations and to issue certain revisions by December 27, 2016. Substantive revisions to the Committee's Rules Regarding Availability of Information (``Rules'') were made to conform to the Improvement Act, and the Committee made other technical changes to the Rules in order to clarify the existing procedures for requesting information and to update contact information. The interim final rule became effective on December 27, 2016. This rulemaking finalizes the interim rule with minor edits for consistency and clarification. DATES: This final rule is effective on November 1, 2017. FOR FURTHER INFORMATION CONTACT: Matthew M. Luecke, Deputy Secretary, (202) 452-2576, Federal Open Market Committee, 20th Street and Constitution Avenue NW., Washington, DC 20551; or Amory Goldberg, Counsel, (202) 452-3124, Legal Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551. Users of Telecommunications Device for Deaf (TDD) only, please call (202) 263-4869. SUPPLEMENTARY INFORMATION: I. Overview of Final Rule On December 27, 2016, the Committee published an interim final rule \1\ amending its existing Rules found at 12 CFR part 271, in order to comply with the statutory changes required by the FOIA Improvement Act of 2016 (``Improvement Act'').\2\ Substantive amendments to the Committee's Rules, which were required by the Improvement Act, included revising the Committee's procedures for disclosing records under the FOIA, assessing fees, and notifying requestors of options for resolving disputes through the Committee's FOIA Public Liaison and the Office of Government Information Services (``OGIS'') within the National Archives and Records Administration. In addition, the Committee made certain technical changes to the Rules to make the FOIA process easier for the public to navigate, such as making certain provisions clearer (removing obsolete language) and informing the public of additional electronic methods for submitting FOIA requests and administrative appeals. The interim final rule became effective on December 27, 2016, and the Committee accepted comments through February 27, 2017. The Committee is finalizing the interim rule with minor changes to paragraph (h)(3) of section 271.6 in response to a public comment. --------------------------------------------------------------------------- \1\ 81 FR 94934 (Dec. 27, 2016). \2\ Public Law 114-185, 130 Stat. 538 (enacted June 30, 2016). --------------------------------------------------------------------------- II. Summary of Public Comments and Final Rule Interested persons were afforded the opportunity to participate in the rulemaking process through submission of written comments on the interim final rule during the open comment period. The Committee received one comment on the interim final rule from OGIS. OGIS asked the Committee to revise paragraph (h)(3) of section 271.6 of the Rules to require that a determination letter on an appeal inform appellants of the availability of OGIS's dispute resolution services. Although not required by the FOIA statute, this change is consistent with guidance issued by the Department of Justice's Office of Information Policy. Accordingly, the Committee has determined to edit the language in paragraph (h)(3) of section 271.6 to notify an appealing party of the availability of OGIS's dispute resolution services as a nonexclusive alternative to litigation. The Committee has determined not to adopt two other suggestions by OGIS. OGIS's proposed amendment would add a statement that ``[d]ispute resolution is a voluntary process.'' This sentence appears to be unnecessary and repetitive given that the Committee is already advising appellants that dispute resolution services are available as a ``nonexclusive alternative to litigation.'' OGIS also proposed language stating that the Committee will ``actively engage as a partner to the process in an attempt to resolve the dispute'' if the Committee participates in the OGIS dispute resolution process. Although active engagement in attempting to resolve a FOIA dispute is of course not unreasonable, the proposed sentence could create additional legal obligations not required under the FOIA or by the statutory amendments to the FOIA. Accordingly, aside from adding in language regarding the availability of OGIS's dispute resolution services as a nonexclusive alternative to litigation, the Committee is adopting section 271.6(h)(3) in the final rule without any further change. III. Regulatory Requirements As the Committee noted in publishing the interim final rule, Congress required that the substantive changes to the Committee's Rules under the Improvement Act become effective by December 27, 2016, and the other amendments to the Committee's Rules were technical in nature. Thus, the Committee determined that the prior notice and comment requirements of the Administrative Procedure Act, 5 U.S.C. 553(b), did not apply to the rule. Because no notice of proposed rulemaking is required, these regulations are not a ``rule'' as defined by the Regulatory Flexibility Act, 5 U.S.C. 601(2), and no initial or final regulatory flexibility analysis is required. List of Subjects in 12 CFR Part 271 Federal Open Market Committee, Freedom of information. Authority and Issuance For the reasons set forth in the SUPPLEMENTARY INFORMATION, the Committee is adopting the interim final [[Page 45680]] rule published on December 27, 2016, at 81 FR 94934, as final with the following change: PART 271--RULES REGARDING AVAILABILITY OF INFORMATION 0 1. The authority citation for part 271 continues to read as follows: Authority: 5 U.S.C. 552; 12 U.S.C. 263. 0 2. In Sec. 271.6, paragraph (h)(3) is revised to read as follows: Sec. 271.6 Processing requests. * * * * * (h) * * * (3) The Committee, or such member of the Committee as is delegated the authority, shall make a determination regarding any appeal within 20 working days of actual receipt of the appeal by the Secretary. If an adverse determination is upheld on appeal, in whole or in part, the determination letter shall notify the appealing party of the right to seek judicial review and of the availability of dispute resolution services from the Office of Government Information Services as a nonexclusive alternative to litigation. By order of the Federal Open Market Committee, September 19, 2017. Brian F. Madigan, Secretary, Federal Open Market Committee. [FR Doc. 2017-21071 Filed 9-29-17; 8:45 am] BILLING CODE 6210-01-P
![45679
Rules and Regulations Federal Register
Vol. 82, No. 189
Monday, October 2, 2017
This section of the FEDERAL REGISTER I. Overview of Final Rule notify an appealing party of the
contains regulatory documents having general
On December 27, 2016, the Committee availability of OGIS’s dispute resolution
applicability and legal effect, most of which services as a nonexclusive alternative to
are keyed to and codified in the Code of published an interim final rule 1
amending its existing Rules found at 12 litigation.
Federal Regulations, which is published under The Committee has determined not to
50 titles pursuant to 44 U.S.C. 1510. CFR part 271, in order to comply with
adopt two other suggestions by OGIS.
the statutory changes required by the
The Code of Federal Regulations is sold by OGIS’s proposed amendment would add
FOIA Improvement Act of 2016
the Superintendent of Documents. a statement that ‘‘[d]ispute resolution is
(‘‘Improvement Act’’).2 Substantive a voluntary process.’’ This sentence
amendments to the Committee’s Rules, appears to be unnecessary and repetitive
FEDERAL RESERVE SYSTEM which were required by the given that the Committee is already
Improvement Act, included revising the advising appellants that dispute
12 CFR Part 271 Committee’s procedures for disclosing resolution services are available as a
records under the FOIA, assessing fees, ‘‘nonexclusive alternative to litigation.’’
Rules Regarding Availability of and notifying requestors of options for OGIS also proposed language stating
Information resolving disputes through the that the Committee will ‘‘actively
Committee’s FOIA Public Liaison and engage as a partner to the process in an
AGENCY:Federal Open Market the Office of Government Information attempt to resolve the dispute’’ if the
Committee, Federal Reserve System. Services (‘‘OGIS’’) within the National Committee participates in the OGIS
Archives and Records Administration. dispute resolution process. Although
ACTION: Final rule. In addition, the Committee made certain active engagement in attempting to
technical changes to the Rules to make resolve a FOIA dispute is of course not
SUMMARY: The Federal Open Market the FOIA process easier for the public unreasonable, the proposed sentence
Committee (‘‘Committee’’) is finalizing to navigate, such as making certain could create additional legal obligations
its interim final rule amending the provisions clearer (removing obsolete not required under the FOIA or by the
Committee’s regulations under the language) and informing the public of statutory amendments to the FOIA.
Freedom of Information Act (‘‘FOIA’’). additional electronic methods for Accordingly, aside from adding in
The FOIA Improvement Act of 2016 submitting FOIA requests and language regarding the availability of
(‘‘Improvement Act’’) amended the administrative appeals. The interim OGIS’s dispute resolution services as a
FOIA and required each federal agency final rule became effective on December nonexclusive alternative to litigation,
to review its FOIA regulations and to 27, 2016, and the Committee accepted the Committee is adopting section
issue certain revisions by December 27, comments through February 27, 2017. 271.6(h)(3) in the final rule without any
2016. Substantive revisions to the The Committee is finalizing the interim further change.
Committee’s Rules Regarding rule with minor changes to paragraph
Availability of Information (‘‘Rules’’) (h)(3) of section 271.6 in response to a III. Regulatory Requirements
were made to conform to the public comment. As the Committee noted in publishing
Improvement Act, and the Committee the interim final rule, Congress required
made other technical changes to the II. Summary of Public Comments and
that the substantive changes to the
Rules in order to clarify the existing Final Rule
Committee’s Rules under the
procedures for requesting information Interested persons were afforded the Improvement Act become effective by
and to update contact information. The opportunity to participate in the December 27, 2016, and the other
interim final rule became effective on rulemaking process through submission amendments to the Committee’s Rules
December 27, 2016. This rulemaking of written comments on the interim were technical in nature. Thus, the
finalizes the interim rule with minor final rule during the open comment Committee determined that the prior
edits for consistency and clarification. period. The Committee received one notice and comment requirements of the
comment on the interim final rule from Administrative Procedure Act, 5 U.S.C.
This final rule is effective on
DATES:
OGIS. OGIS asked the Committee to 553(b), did not apply to the rule.
November 1, 2017.
revise paragraph (h)(3) of section 271.6 Because no notice of proposed
FOR FURTHER INFORMATION CONTACT: of the Rules to require that a rulemaking is required, these
Matthew M. Luecke, Deputy Secretary, determination letter on an appeal regulations are not a ‘‘rule’’ as defined
(202) 452–2576, Federal Open Market inform appellants of the availability of by the Regulatory Flexibility Act, 5
Committee, 20th Street and Constitution OGIS’s dispute resolution services. U.S.C. 601(2), and no initial or final
Avenue NW., Washington, DC 20551; or Although not required by the FOIA regulatory flexibility analysis is
Amory Goldberg, Counsel, (202) 452– statute, this change is consistent with required.
3124, Legal Division, Board of guidance issued by the Department of
Governors of the Federal Reserve Justice’s Office of Information Policy. List of Subjects in 12 CFR Part 271
jstallworth on DSKBBY8HB2PROD with RULES
System, 20th Street and Constitution Accordingly, the Committee has Federal Open Market Committee,
Avenue NW., Washington, DC 20551. determined to edit the language in Freedom of information.
Users of Telecommunications Device for paragraph (h)(3) of section 271.6 to Authority and Issuance
Deaf (TDD) only, please call (202) 263–
4869. 1 81FR 94934 (Dec. 27, 2016). For the reasons set forth in the
2 Public Law 114–185, 130 Stat. 538 (enacted June SUPPLEMENTARY INFORMATION, the
SUPPLEMENTARY INFORMATION: 30, 2016). Committee is adopting the interim final
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![45680 Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Rules and Regulations
rule published on December 27, 2016, at DATES: The rule is effective on January among regulations and facilitate
81 FR 94934, as final with the following 1, 2018, except that the amendment to compliance with Regulation B and
change: Appendix B to Part 1002 revising Regulation C by financial institutions.
paragraph 1 and removing the existing To address these issues, the Bureau
PART 271—RULES REGARDING ‘‘Uniform Residential Loan issued a proposal on March 24, 2017,
AVAILABILITY OF INFORMATION Application’’ form in amendatory which was published in the Federal
instruction 6 is effective January 1, Register on April 4, 2017 (the 2017
■ 1. The authority citation for part 271 2022. ECOA Proposal).7
continues to read as follows: The Bureau is now publishing final
FOR FURTHER INFORMATION CONTACT:
Authority: 5 U.S.C. 552; 12 U.S.C. 263.
Shaakira Gold-Ramirez, Paralegal amendments to Regulation B. The final
■ 2. In § 271.6, paragraph (h)(3) is Specialist, Kathryn Lazarev, Counsel, or rule will provide creditors flexibility in
revised to read as follows: James Wylie, Senior Counsel, Office of complying with Regulation B in order to
Regulations, at 202–435–7700 or https:// facilitate compliance with Regulation C
§ 271.6 Processing requests. and transition to the 2016 URLA. The
www.consumerfinance.gov/policy-
* * * * * compliance/guidance/. changes to Regulation B in this rule are
(h) * * * summarized briefly in this section and
SUPPLEMENTARY INFORMATION:
(3) The Committee, or such member of discussed in detail below.
the Committee as is delegated the I. Summary of the Final Rule
authority, shall make a determination A. Scope
Regulation B implements the Equal
regarding any appeal within 20 working Credit Opportunity Act (ECOA) 1 and, in The final rule amends parts of
days of actual receipt of the appeal by part, prohibits a creditor from inquiring Regulation B, its commentary, and its
the Secretary. If an adverse about the race, color, religion, national appendices, and affects when and how
determination is upheld on appeal, in origin, or sex of a credit applicant a creditor may collect information
whole or in part, the determination except under certain circumstances.2 regarding the applicant’s ethnicity, race,
letter shall notify the appealing party of Two of these circumstances are a and sex. The Regulation B creditors
the right to seek judicial review and of requirement for creditors to collect and affected by this rule are primarily those
the availability of dispute resolution retain certain information about creditors making mortgage loans subject
services from the Office of Government applicants for certain dwelling-secured to § 1002.13, which applies to purchase
Information Services as a nonexclusive loans under Regulation B § 1002.13 and and refinance transactions involving an
alternative to litigation. the similar applicant information that applicant’s primary residence. Financial
By order of the Federal Open Market financial institutions are required to institutions that report under Regulation
Committee, September 19, 2017. collect and report under Regulation C, C, have reported in the prior five years,
Brian F. Madigan, 12 CFR part 1003, which implements or may report in the near future may
the Home Mortgage Disclosure Act also be affected by this rule. Creditors
Secretary, Federal Open Market Committee.
(HMDA).3 Regulation B also includes that utilize model forms from appendix
[FR Doc. 2017–21071 Filed 9–29–17; 8:45 am]
certain optional model forms for use in B to Regulation B (the Regulation B
BILLING CODE 6210–01–P appendix) for mortgage loans are also
complying with certain Regulation B
requirements, including a model form affected by the rule.
for complying with § 1002.13 that is a B. Changes to Applicant Information
BUREAU OF CONSUMER FINANCIAL 2004 version of the Uniform Residential Collection for Regulation B Creditors
PROTECTION Loan Application (URLA) issued by the For Regulation B creditors making
12 CFR Part 1002 Federal National Mortgage Association mortgage loans subject to § 1002.13, the
(Fannie Mae) and the Federal Home rule will allow creditors to collect the
[Docket No. CFPB–2017–0009] Loan Mortgage Corporation (Freddie applicant’s information using either the
Mac) (collectively, the Enterprises).4 aggregate ethnicity and race categories
RIN 3170–AA65 The HMDA requirement to collect and
or disaggregated ethnicity and race
report applicant information was
Equal Credit Opportunity Act categories and subcategories, as set forth
recently updated through a final rule
(Regulation B) Ethnicity and Race in appendix B to Regulation C (the
amending Regulation C, published in
Information Collection Regulation C appendix) as amended by
October of 2015 (2015 HMDA Final
the 2015 HMDA Final Rule. The rule
AGENCY: Bureau of Consumer Financial Rule).5 In 2016, the Enterprises issued a
change therefore will not require
Protection. new version of the URLA that complies
Regulation B creditors that are not
ACTION: Final rule; official with the 2015 HMDA Final Rule (2016
HMDA reporters (Regulation B-only
interpretation. URLA).6 These changes to Regulation C
creditors) to change their § 1002.13
and the URLA require updates to
compliance practices, but would allow
SUMMARY: The Bureau of Consumer Regulation B to ensure consistency
them to adopt voluntarily new practices
Financial Protection (Bureau) is issuing for collecting applicant information,
a final rule that amends Regulation B to 1 15 U.S.C. 1691 et seq., 12 CFR part 1002.
including practices that would permit
2 12 CFR 1002.5(b).
permit creditors additional flexibility in such creditors to transition to the 2016
3 12 CFR 1002.5(a)(2).
complying with Regulation B in order to 4 Appendix B to 12 CFR part 1003. URLA. Regulation B creditors will also
facilitate compliance with Regulation C, be able to collect voluntarily certain
jstallworth on DSKBBY8HB2PROD with RULES
5 Home Mortgage Disclosure (Regulation C), 80 FR
adds certain model forms and removes 66128 (Oct. 28, 2015). information about applicants for certain
others from Regulation B, and makes 6 See Fannie Mae, Guide Forms, available at
mortgage loan scenarios as provided for
various other amendments to Regulation https://www.fanniemae.com/singlefamily/selling-
in § 1002.5(a)(4). These scenarios
B and its commentary to facilitate the servicing-guide-forms (last visited Sept. 6, 2017)
(listing all selling and servicing guide forms);
collection and retention of information Freddie Mac, ‘‘Forms and Documents,’’ available at 7 Amendments to Equal Credit Opportunity Act
about the ethnicity, sex, and race of http://www.freddiemac.com/singlefamily/guide/ (Regulation B) Ethnicity and Race Information
certain mortgage applicants. (last visited Sept. 6, 2017) (same). Collection, 82 FR 16307 (Apr. 4, 2017).
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Document Created: 2017-09-30 04:40:35
Document Modified: 2017-09-30 04:40:35
| 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 final rule is effective on November 1, 2017. | |
| Contact | Matthew M. Luecke, Deputy Secretary, (202) 452-2576, Federal Open Market Committee, 20th Street and Constitution Avenue NW., Washington, DC 20551; or Amory Goldberg, Counsel, (202) 452-3124, Legal Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551. Users of Telecommunications Device for Deaf (TDD) only, please call (202) 263-4869. | |
| FR Citation | 82 FR 45679 | |
| CFR Associated | Federal Open Market Committee and Freedom of Information |
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