82 FR 711 - Freedom of Information Act and Privacy Act Procedures

SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION

Federal Register Volume 82, Issue 2 (January 4, 2017)

The Special Inspector General for Afghanistan Reconstruction (SIGAR) proposes to amend its Freedom of Information Act regulation to comply with the FOIA Improvement Act of 2016. The FOIA Improvement Act of 2016 requires, among other things, that agencies update the procedures for proactive disclosures, disclosure requirements, and the circumstances under which agencies can charge search and duplication fees.

[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Rules and Regulations]
[Pages 711-712]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30775]



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Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / 
Rules and Regulations

[[Page 711]]



SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION

5 CFR Part 9301

RIN 3460-AA04


Freedom of Information Act and Privacy Act Procedures

AGENCY: Special Inspector General for Afghanistan Reconstruction.

ACTION: Interim final rule.

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

SUMMARY: The Special Inspector General for Afghanistan Reconstruction 
(SIGAR) proposes to amend its Freedom of Information Act regulation to 
comply with the FOIA Improvement Act of 2016. The FOIA Improvement Act 
of 2016 requires, among other things, that agencies update the 
procedures for proactive disclosures, disclosure requirements, and the 
circumstances under which agencies can charge search and duplication 
fees.

DATES: This interim final rule is effective January 4, 2017. Submit 
comments on or before February 3, 2017.

ADDRESSES: Address all comments concerning this proposed interim final 
rule to William B. Gaertner, Associate General Counsel, Special 
Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, 
Arlington, VA 22202. Comments will be made available for inspection 
upon written request. SIGAR will make such comments available for 
public inspection in the Office of Privacy, Records, and Disclosure, 
9th Floor, 1550 Crystal Drive, Arlington, VA 22202, on official 
business days between the hours of 9 a.m. and 5 p.m. Eastern time. You 
can make an appointment to inspect comments by telephoning (703) 545-
6000. All comments, including attachments and other supporting 
materials, received are part of the public record and subject to public 
disclosure. You should submit only information that you wish to make 
available publicly.

FOR FURTHER INFORMATION CONTACT: William Gaertner, Associate General 
Counsel, Special Inspector General for Afghanistan Reconstruction, 2530 
Crystal Drive, Arlington, VA 22202, (703) 545-5994.

SUPPLEMENTARY INFORMATION: On January 28, 2008, the President signed 
into law the National Defense Authorization Act for Fiscal Year 2008 
(Pub. L. 110-181), which created SIGAR to conduct independent and 
objective audits, investigations and analysis to promote economy and 
efficiency, and to detect and deter waste, fraud, and abuse in the 
reconstruction of Afghanistan. The Freedom of Information Act (FOIA), 
as amended, provides for access by the public to records of executive 
branch agencies, subject to certain restrictions and exemptions. In 
order to establish procedures to facilitate public interaction with 
SIGAR, the agency published 5 CFR part 9301 setting forth SIGAR's 
regulations governing the access provisions of those statutes and 
Executive Order 12958. On June 30, 2016 the President signed into law 
the FOIA Improvement Act of 2016 (Pub. L. 114-185) requiring that 
agencies make available for inspection in an electronic format records 
that have been requested three or more times, notify requesters of the 
right to seek dispute resolution services from the Office of Government 
Information Services (OGIS) when agencies extend time limits by more 
than ten additional working days, and limiting the circumstances under 
which agencies may charge requesters search fees. This interim final 
rule implements these changes to the FOIA. The changes will alter 5 CFR 
parts 9301.5, 9301.6, and 9301.8.

II. The Interim Final Rule

    This interim final rule amends portions of SIGAR's existing 
regulation implementing provisions of the FOIA (5 U.S.C. 552). The 
provisions of this amendment shall apply to all components of SIGAR. 
The FOIA provides for the disclosure of agency records and information 
to the public, unless that information is exempted under delineated 
statutory exemptions under the FOIA. The procedures established here 
are intended to ensure that SIGAR fully satisfies its responsibility to 
the public to disclose agency information, but continues to safeguard 
sensitive information properly.

Procedural Requirements

    This Interim Final rule amends SIGAR's regulations implementing the 
FOIA to facilitate the interaction of the public with SIGAR. SIGAR's 
policy of disclosure follows the Presidential Memorandum of January 21, 
2009, ``Transparency and Open Government,'' 74 FR 4685, and the 
Attorney General's March 19, 2009 FOIA policy guidance, advising 
Federal agencies to apply a presumption of disclosure in FOIA decision 
making. This Interim Final Rule incorporates portions the FOIA 
Improvement Act of 2016, signed into law by the President on June 30, 
2016. SIGAR has determined that good cause exists to publish this 
amendment to its FOIA regulations as an interim final rule. This 
amendment maintains SIGAR's compliance with the FOIA and those 
amendments to the FOIA adopted in the FOIA Improvement Act of 2016. 
SIGAR has determined that this interim rule should be issued without a 
delayed effective date pursuant to 5 U.S.C. 553(d)(3).
    Finally, notice of proposed rulemaking is not required, because the 
provisions of the Regulatory Flexibility Act (5 U.S.C. Chapter 6) do 
not apply. It has been determined that this rulemaking is not a 
significant regulatory action for the purposes of Executive Order 
12866. Accordingly, a regulatory impact analysis is not required.

    Dated: December 16, 2016.
John F. Sopko,
Inspector General.

List of Subjects in 5 CFR Part 9301

    Administrative practice and procedure, Freedom of information.

Authority and Issuance

    For the reasons set forth above, SIGAR amends 5 CFR part 9301 as 
follows:

PART 9301--[AMENDED]

0
1. The authority citation for part 9301 continues to read as follows:

    Authority: 5 U.S.C. 552; Pub. L. 110-175, 121 Stat. 2524 (2007); 
5 U.S.C. 301 and 552; Exec. Order 12600, 52 FR 23781, 3 CFR, 1987 
Comp., p. 235; Exec. Order No. 13392, 70 FR

[[Page 712]]

75373-75377, 3 CFR, 2006 Comp., pp. 216-200.

0
2. Section 9301.5 is revised to read as follows:


Sec.  9301.5  Accessing records without request

    Certain SIGAR records, including the agency's Quarterly Report, 
audit reports, testimony, oversight plans, press releases, other public 
issuances, and records that are required by 5 U.S.C. 552(a)(2) to be 
made publicly available are available electronically from SIGAR's 
homepage at http://www.sigar.mil. SIGAR encourages requesters to visit 
its Web site before making a request for records under Sec.  9301.6.

0
3. In Sec.  9301.6, paragraphs (c)(1)(ii), (c)(3)(i), and (d)(1) are 
revised to read as follows:


Sec.  9301.6  Requesting records.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Request denied. If the FOIA Officer denies the request, in 
full or part, the FOIA Officer shall provide the requester written 
notice of the denial together with the approximate number of pages of 
information withheld and the exemption under which the information was 
withheld. SIGAR will indicate, if technically feasible, the amount of 
information deleted and the exemption under which the deletion is made 
at the place in the record where the deletion was made. SIGAR will also 
indicate the exemption under which a deletion is made on the released 
portion of the record, unless including that indication would harm an 
interest protected by the exemptions. The notice shall also describe 
the procedure for filing an appeal. SIGAR will further notify the 
requester of their right to seek assistance from SIGAR's FOIA Public 
Liaison or dispute resolution services from the FOIA Public Liaison or 
the Office of Government Information Services.
* * * * *
    (3) * * *
    (i) In general. If the FOIA Officer determines that unusual 
circumstances exist, the FOIA Officer may extend for no more than ten 
days (except Saturdays, Sundays and Federal holidays) the time limits 
described in paragraph (c)(1) of this section by providing written 
notice of the extension to the requester. The FOIA Officer shall 
include with the notice a brief statement of the reason for the 
extension and the date the FOIA Officer expects to make the 
determination. If the extension goes beyond ten working days, the FOIA 
Officer will include a notification of the requester's right to seek 
dispute resolutions services from the Office of Government Information 
Services.
* * * * *
    (d) * * *
    (1) Initiating appeals. Requesters not satisfied with the FOIA 
Officer's written decision may request SIGAR's FOIA Appellate Authority 
to review the decision. Appeals must be delivered in writing within 90 
days of the date of the decision and shall be addressed to the FOIA 
Appellate Authority, Office of Privacy, Records & Disclosure, Special 
Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, 
Arlington, VA 22202. As there may be delays in mail delivery, it is 
advisable to Fax appeals to (703) 601-3804 or email to 
[email protected]. An appeal shall include a 
statement specifying the records that are the subject of the appeal and 
explaining why the Appellate Authority should grant the appeal.
* * * * *

0
4. In Sec.  9301.8, paragraph (f)(3) is added to read as follows:


Sec.  9301.8  Fees in general.

* * * * *
    (f) * * *
    (3) SIGAR determines that unusual circumstances apply to the 
processing of a request, provides timely notice the requester, and 
delay is excused for an additional ten days, but SIGAR still fails to 
respond within the timeframe established by the additional delay. This 
provision applies only to search fees. However, the following 
exceptions shall apply:
    (i) Notwithstanding Sec.  9301.8(f)(3), if SIGAR determines that 
unusual circumstances apply and that responding to the request requires 
the production of more than 5,000 pages, SIGAR may continue to charge 
search fees, or duplication fees for requesters in preferred status, 
for as long as necessary, after timely written notice has been made to 
the requester and SIGAR has discussed with the requester how the 
requester could effectively limit the scope of the request via written 
mail, electronic mail, or telephone, or made three good-faith attempts 
to do so.
    (ii) Notwithstanding Sec.  9301.8(f)(3), if a court determines that 
exceptional circumstances exist, SIGAR's failure to comply with a time 
limit shall be excused for the length of time provided by the court 
order.

[FR Doc. 2016-30775 Filed 1-3-17; 8:45 am]
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