83_FR_11928 83 FR 11875 - General Policies

83 FR 11875 - General Policies

SUSQUEHANNA RIVER BASIN COMMISSION

Federal Register Volume 83, Issue 53 (March 19, 2018)

Page Range11875-11876
FR Document2018-05425

This document contains rules that amend the regulations of the Susquehanna River Basin Commission (Commission) to codify the Commission's Access to Records Policy providing rules and procedures for the public to request and receive the Commission's public records.

Federal Register, Volume 83 Issue 53 (Monday, March 19, 2018) 
[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Rules and Regulations]
[Pages 11875-11876]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05425]


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SUSQUEHANNA RIVER BASIN COMMISSION

18 CFR Part 801


General Policies

AGENCY: Susquehanna River Basin Commission.

ACTION: Final rule.

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SUMMARY: This document contains rules that amend the regulations of the 
Susquehanna River Basin Commission (Commission) to codify the 
Commission's Access to Records Policy providing rules and procedures 
for the public to request and receive the Commission's public records.

DATES: The rule is effective March 19, 2018.

ADDRESSES: Susquehanna River Basin Commission, 4423 N Front Street, 
Harrisburg, PA 17110-1788.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Esq., General Counsel, 
717-238-0423, ext. 1312; [email protected]. Also, for further information 
on the final rule, visit the Commission's website at http://www.srbc.net.

SUPPLEMENTARY INFORMATION: Notice of proposed rulemaking was published 
in the Federal Register on October 12, 2017 (82 FR 47407); New York 
Register on October 25, 2017; Pennsylvania Bulletin on October 21, 
2017; and Maryland Register on October 27, 2017. The Commission 
convened a public hearing on November 2, 2017, in Harrisburg, 
Pennsylvania. A written comment period was held open through November 
13, 2017.
    The Commission received one comment on the proposed rule, which was 
supportive of the Commission's efforts to formalize its Access to 
Records Policy. The Commission also received two comments after the 
close of the official public comment period suggesting some changes to 
rulemaking.
    Based upon input from the Commission's member jurisdictions, 
subsection (b)(4) is amended and a new subsection (f) is added to 
create an exception to records subject to public access for those 
internal, pre-decisional deliberations between staff and member 
jurisdictions working in cooperation with the Commission. The 
Commission will also modify Sec.  801.14(b)(1) to clarify that it does 
not prohibit the Commission from providing salary information in 
response to records requests, as the Commission has historically 
released these records upon request. Section 801.14(b)(8) is also 
modified to exclude the provision of financial documents related to 
critical infrastructure.
    Based on public input the Commission clarifies the following:
     The Commission does intend to review and revisit its 
Access to Records Policy after adoption of the final rule to update its 
procedures.
     The final rule, Sec.  801.14(c)(3), provides that the 
Commission must respond in a reasonable time frame. The Commission 
works with requesters and generally responds to records requests within 
30 days of the request. The reasonable timeframe language allows the 
Commission to deal with requests varying in complexity and magnitude 
while continuing to balance prompt access to records with the agency's 
other obligations and limitations.
    Through this final rule, the Commission continues its long 
tradition of transparency by formalizing the key elements of its Access 
to Records Policy in duly promulgated regulations. The Commission's 
2009 Access to Records Policy, which remains in effect, can be found 
at: http://www.srbc.net/pubinfo/docs/2009-02_Access_to_Records_Policy_20140115.pdf. The Commission's current 
records processing fee schedule can be found at: http://www.srbc.net/pubinfo/docs/RecordsProcessingFeeScheduleUpdatedAddress.pdf.

List of Subjects in 18 CFR Part 801

    Administrative practice and procedure, Water resources.

    Accordingly, for the reasons set forth in the preamble, the 
Susquehanna River Basin Commission amends 18 CFR part 801 as follows:

PART 801--GENERAL POLICIES

0
1. The authority citation for part 801 is revised to read as follows:


[[Page 11876]]


    Authority:  Secs. 3.1, 3.4, 3.5(1), 15.1 and 15.2, Pub. L. 91-
575 (84 Stat. 1509 et seq.).


0
2. Add Sec.  801.14 to read as follows:


Sec.  801.14  Public access to records.

    (a) Purpose. The Commission, as an independent compact agency, is 
not subject to any of its member jurisdictions' laws regarding public 
access to records. Nevertheless, the Commission wishes to assure, to 
the maximum extent practicable, the availability of Commission records 
consistent with the Susquehanna River Basin Compact. The Commission 
shall maintain an ``Access to Records Policy'' that outlines the 
details and procedures related to public access to the Commission's 
records. Any revisions to this policy shall be consistent with this 
section and undertaken in accordance with appropriate public notice and 
comment consistent with requirements of 18 CFR 808.1(b).
    (b) Scope. This section shall apply to all recorded information, 
regardless of whether the information exists in written or electronic 
format. There is a strong presumption that records shall be public, 
except where considerations of privacy, confidentiality, and security 
must be considered and require thoughtful balancing. The Commission 
shall identify types of records that are not subject to public access:
    (1) Personnel or employment records, excluding salary information;
    (2) Trade secrets, copyrighted material, or any other confidential 
business information;
    (3) Records exempted from disclosure by statute, regulation, court 
order, or recognized privilege;
    (4) Records reflecting internal pre-decisional deliberations, 
including deliberations between the commission and representatives of 
member jurisdictions;
    (5) Records reflecting employee medical information, evaluations, 
tests or other identifiable health information;
    (6) Records reflecting employee personal information, such as 
social security number, driver's license number, personal financial 
information, home addresses, home or personal cellular numbers, 
confidential personal information, spouse names, marital status or 
dependent information;
    (7) Investigatory or enforcement records that would interfere with 
active enforcement proceedings or individual due process rights, 
disclose the identity of public complainants or confidential sources or 
investigative techniques or endanger the life or safety of Commission 
personnel; or
    (8) Records related to critical infrastructure, excluding financial 
records, emergency procedures, or facilities.
    (c) Procedures. The Access to Records Policy will detail the 
necessary procedures for requesting records and processing records 
requests:
    (1) Requests shall be in writing and shall be reasonably specific;
    (2) The Commission shall identify an Access to Records Officer to 
handle requests;
    (3) The Commission shall respond to a records request within a 
reasonable time and in consideration of available resources and the 
nature of the request;
    (4) The Commission shall not be required to create a record that 
does not already exist, or to compile, maintain, format or organize a 
public record in a manner in which the Commission does not currently 
practice;
    (5) A procedure shall be identified for electronic transfer, 
copying or otherwise providing records in a manner that maintains the 
integrity of the Commission's files; and
    (6) A procedure shall be identified for handling review of requests 
that seek access to information that has been identified as 
confidential and for notifying the person(s) who submitted the 
confidential information that it is subject to a records request.
    (d) Fees. The Commission shall adopt and maintain a ``Records 
Processing Fee Schedule.'' The fees shall be calculated to reflect the 
actual costs to the Commission for processing records requests and may 
include the costs of reproducing records and the cost to search, 
prepare and/or redact records for extraordinary requests.
    (e) Appeals. Any person aggrieved by a Commission action on a 
records request shall have 30 days to appeal a decision in accordance 
with 18 CFR 808.2.
    (f) Disclosure to consultants, advisory committees, and State and 
local government officials and employees. Data and information 
otherwise exempt from public disclosure may be disclosed to Commission 
consultants, advisory committees, and state and local government 
officials and employees for use only in their work in cooperation with 
the Commission. Such persons are thereafter subject to the same 
restrictions with respect to the disclosure of such data and 
information as any other Commission employee.

    Dated: March 13, 2018.
Stephanie L. Richardson,
Secretary to the Commission.
[FR Doc. 2018-05425 Filed 3-16-18; 8:45 am]
 BILLING CODE 7040-01-P

Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations 11875 (f) Actions and Compliance (4) You may view this service information was supportive of the Commission’s Unless already done, do the actions in at the FAA, Policy and Innovation Division, efforts to formalize its Access to Records paragraph (f)(1) and (2) of this AD following 901 Locust, Kansas City, Missouri 64106. For Policy. The Commission also received the Accomplishment Instructions in Pacific information on the availability of this two comments after the close of the Aerospace Mandatory Service Bulletin material at the FAA, call (816) 329–4148. It is also available on the internet at http:// official public comment period PACSB/XL/093, Issue 1, dated December 15, suggesting some changes to rulemaking. 2017. www.regulations.gov by searching for locating Docket No. FAA–2018–0210. Based upon input from the (1) Within 30 days after April 9, 2018 (the effective date of this AD), inspect the (5) You may view this service information Commission’s member jurisdictions, ventilation, heater, and air filter bypass that is incorporated by reference at the subsection (b)(4) is amended and a new control tee handles (as applicable) for National Archives and Records subsection (f) is added to create an snagging of the control column. Administration (NARA). For information on exception to records subject to public (2) If the control column snags the adjacent the availability of this material at NARA, call access for those internal, pre-decisional heater, ventilation, or an engine air filter 202–741–6030, or go to: http:// deliberations between staff and member bypass control tee handle during the www.archives.gov/federal-register/cfr/ibr- jurisdictions working in cooperation inspection required in paragraph (f)(1) of this locations.html. with the Commission. The Commission AD, before further flight, reorient the affected Issued in Kansas City, Missouri, on March tee handle. will also modify § 801.14(b)(1) to clarify 9, 2018. that it does not prohibit the Commission (g) Other FAA AD Provisions Pat Mullen, from providing salary information in The following provisions also apply to this Acting Deputy Director, Policy & Innovation response to records requests, as the AD: Division, Aircraft Certification Service. Commission has historically released (1) Alternative Methods of Compliance [FR Doc. 2018–05355 Filed 3–16–18; 8:45 am] these records upon request. Section (AMOCs): The Manager, Small Airplane BILLING CODE 4910–13–P 801.14(b)(8) is also modified to exclude Standards Branch, FAA, has the authority to the provision of financial documents approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. related to critical infrastructure. Send information to ATTN: Mike Kiesov, SUSQUEHANNA RIVER BASIN Based on public input the Aerospace Engineer, FAA, Small Airplane COMMISSION Commission clarifies the following: Standards Branch, 901 Locust, Room 301, • The Commission does intend to Kansas City, Missouri 64106; telephone: 18 CFR Part 801 review and revisit its Access to Records (816) 329–4144; fax: (816) 329–4090; email: Policy after adoption of the final rule to mike.kiesov@faa.gov. Before using any General Policies update its procedures. approved AMOC on any airplane to which • The final rule, § 801.14(c)(3), the AMOC applies, notify your appropriate AGENCY: Susquehanna River Basin provides that the Commission must principal inspector (PI) in the FAA Flight Commission. respond in a reasonable time frame. The Standards District Office (FSDO), or lacking ACTION: Final rule. Commission works with requesters and a PI, your local FSDO. (2) Contacting the Manufacturer: For any generally responds to records requests SUMMARY: This document contains rules requirement in this AD to obtain corrective within 30 days of the request. The that amend the regulations of the actions from a manufacturer, the action must reasonable timeframe language allows Susquehanna River Basin Commission be accomplished using a method approved the Commission to deal with requests (Commission) to codify the by the Manager, Standards Office, FAA; or varying in complexity and magnitude the Civil Aviation Authority of New Zealand Commission’s Access to Records Policy while continuing to balance prompt (CAA). providing rules and procedures for the access to records with the agency’s other public to request and receive the (h) Related Information obligations and limitations. Commission’s public records. Refer to the MCAI by the CAA, AD DCA/ Through this final rule, the DATES: The rule is effective March 19, Commission continues its long tradition 750XL/23, dated December 28, 2017; and 2018. of transparency by formalizing the key Pacific Aerospace Mandatory Service Bulletin PACSB/XL/093, Issue 1, dated ADDRESSES: Susquehanna River Basin elements of its Access to Records Policy December 15, 2017, for related information. Commission, 4423 N Front Street, in duly promulgated regulations. The You may examine the MCAI on the internet Harrisburg, PA 17110–1788. Commission’s 2009 Access to Records at http://www.regulations.gov by searching Policy, which remains in effect, can be FOR FURTHER INFORMATION CONTACT: for and locating Docket No. FAA–2018–0210. found at: http://www.srbc.net/pubinfo/ Jason E. Oyler, Esq., General Counsel, (i) Material Incorporated by Reference 717–238–0423, ext. 1312; joyler@ docs/2009-02_Access_to_Records_ (1) The Director of the Federal Register srbc.net. Also, for further information Policy_20140115.pdf. The Commission’s approved the incorporation by reference on the final rule, visit the Commission’s current records processing fee schedule (IBR) of the service information listed in this website at http://www.srbc.net. can be found at: http://www.srbc.net/ paragraph under 5 U.S.C. 552(a) and 1 CFR pubinfo/docs/RecordsProcessing SUPPLEMENTARY INFORMATION: Notice of part 51. FeeScheduleUpdatedAddress.pdf. (2) You must use this service information proposed rulemaking was published in as applicable to do the actions required by the Federal Register on October 12, List of Subjects in 18 CFR Part 801 this AD, unless the AD specifies otherwise. 2017 (82 FR 47407); New York Register Administrative practice and (i) Pacific Aerospace Mandatory Service on October 25, 2017; Pennsylvania procedure, Water resources. Bulletin PACSB/XL/093, Issue 1, dated Bulletin on October 21, 2017; and December 15, 2017. Accordingly, for the reasons set forth Maryland Register on October 27, 2017. (ii) Reserved. in the preamble, the Susquehanna River nshattuck on DSK9F9SC42PROD with RULES The Commission convened a public (3) For service information identified in Basin Commission amends 18 CFR part hearing on November 2, 2017, in this AD, contact Pacific Aerospace Limited, 801 as follows: Airport Road, Hamilton, Private Bag 3027, Harrisburg, Pennsylvania. A written Hamilton 3240, New Zealand; phone: +64 comment period was held open through PART 801—GENERAL POLICIES 7843 6144; fax: +64 843 6134; email: pacific@ November 13, 2017. aerospace.co.nz; internet: The Commission received one ■ 1. The authority citation for part 801 www.aerospace.co.nz. comment on the proposed rule, which is revised to read as follows: VerDate Sep<11>2014 14:37 Mar 16, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\19MRR1.SGM 19MRR1

11876 Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations Authority: Secs. 3.1, 3.4, 3.5(1), 15.1 and records, emergency procedures, or DEPARTMENT OF THE TREASURY 15.2, Pub. L. 91–575 (84 Stat. 1509 et seq.). facilities. ■ 2. Add § 801.14 to read as follows: (c) Procedures. The Access to Records Office of the Secretary of the Treasury Policy will detail the necessary § 801.14 Public access to records. 31 CFR Part 50 procedures for requesting records and (a) Purpose. The Commission, as an processing records requests: independent compact agency, is not Office of Foreign Assets Control (1) Requests shall be in writing and subject to any of its member shall be reasonably specific; jurisdictions’ laws regarding public 31 CFR Parts 501, 535, 536, 538, 539, access to records. Nevertheless, the (2) The Commission shall identify an 541, 542, 544, 546, 547, 548, 549, 560, Commission wishes to assure, to the Access to Records Officer to handle 561, 566, 576, 584, 588, 592, 594, 595, maximum extent practicable, the requests; 597, and 598 availability of Commission records (3) The Commission shall respond to consistent with the Susquehanna River a records request within a reasonable Financial Crimes Enforcement Network Basin Compact. The Commission shall time and in consideration of available maintain an ‘‘Access to Records Policy’’ resources and the nature of the request; 31 CFR Part 1010 that outlines the details and procedures (4) The Commission shall not be related to public access to the required to create a record that does not Inflation Adjustment of Civil Monetary Commission’s records. Any revisions to already exist, or to compile, maintain, Penalties this policy shall be consistent with this format or organize a public record in a AGENCY: Departmental Offices, Financial section and undertaken in accordance manner in which the Commission does Crimes Enforcement Network, and with appropriate public notice and not currently practice; Office of Foreign Assets Control, comment consistent with requirements (5) A procedure shall be identified for Treasury. of 18 CFR 808.1(b). electronic transfer, copying or otherwise ACTION: Final rule. (b) Scope. This section shall apply to providing records in a manner that all recorded information, regardless of maintains the integrity of the SUMMARY: The Department of the whether the information exists in Commission’s files; and Treasury (‘‘Department’’ or ‘‘Treasury’’) written or electronic format. There is a (6) A procedure shall be identified for publishes this final rule to adjust its strong presumption that records shall be handling review of requests that seek civil monetary penalties (‘‘CMPs’’) for public, except where considerations of access to information that has been inflation as mandated by the Federal privacy, confidentiality, and security identified as confidential and for Civil Penalties Inflation Adjustment Act must be considered and require notifying the person(s) who submitted of 1990, as amended by the Federal thoughtful balancing. The Commission the confidential information that it is Civil Penalties Inflation Adjustment Act shall identify types of records that are subject to a records request. Improvements Act of 2015 (collectively not subject to public access: (d) Fees. The Commission shall adopt referred to herein as ‘‘the Act’’). This (1) Personnel or employment records, rule adjusts CMPs within the and maintain a ‘‘Records Processing Fee excluding salary information; jurisdiction of certain components of (2) Trade secrets, copyrighted Schedule.’’ The fees shall be calculated to reflect the actual costs to the the Department to the maximum material, or any other confidential amount required by the Act. business information; Commission for processing records (3) Records exempted from disclosure requests and may include the costs of DATES: Effective March 19, 2018. by statute, regulation, court order, or reproducing records and the cost to FOR FURTHER INFORMATION CONTACT: For recognized privilege; search, prepare and/or redact records for information regarding the Terrorism (4) Records reflecting internal pre- extraordinary requests. Risk Insurance Program’s CMPs, contact decisional deliberations, including (e) Appeals. Any person aggrieved by Richard Ifft, Senior Insurance deliberations between the commission a Commission action on a records Regulatory Policy Analyst, Federal and representatives of member request shall have 30 days to appeal a Insurance Office, Room 1410 MT, jurisdictions; decision in accordance with 18 CFR Department of the Treasury, 1500 (5) Records reflecting employee 808.2. Pennsylvania Avenue NW, Washington, medical information, evaluations, tests (f) Disclosure to consultants, advisory DC 20220, at (202) 622–2922 (not a toll- or other identifiable health information; committees, and State and local free number), Kevin Meehan, Senior (6) Records reflecting employee government officials and employees. Insurance Regulatory Policy Analyst, personal information, such as social Data and information otherwise exempt Federal Insurance Office, at (202) 622– security number, driver’s license from public disclosure may be disclosed 7009 (not a toll-free number), or Lindsey number, personal financial information, to Commission consultants, advisory Baldwin, Senior Policy Analyst, Federal home addresses, home or personal committees, and state and local Insurance Office, at (202) 622–3220 (not cellular numbers, confidential personal government officials and employees for a toll free number). Persons who have information, spouse names, marital use only in their work in cooperation difficulty hearing or speaking may status or dependent information; with the Commission. Such persons are access these numbers via TTY by calling (7) Investigatory or enforcement thereafter subject to the same the toll-free Federal Relay Service at records that would interfere with active restrictions with respect to the (800) 877–8339. enforcement proceedings or individual disclosure of such data and information For information regarding Financial nshattuck on DSK9F9SC42PROD with RULES due process rights, disclose the identity as any other Commission employee. Crimes Enforcement Network’s CMPs, of public complainants or confidential contact the FinCEN Resource Center at Dated: March 13, 2018. sources or investigative techniques or (800) 767–2825 or email frc@fincen.gov. endanger the life or safety of Stephanie L. Richardson, For information regarding the Office Commission personnel; or Secretary to the Commission. of Foreign Assets Control’s CMPs, (8) Records related to critical [FR Doc. 2018–05425 Filed 3–16–18; 8:45 am] contact the Assistant Director for infrastructure, excluding financial BILLING CODE 7040–01–P Enforcement, tel.: 202–622–2430; VerDate Sep<11>2014 14:37 Mar 16, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\19MRR1.SGM 19MRR1


Document Created: 2018-03-17 04:25:00
Document Modified: 2018-03-17 04:25:00
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.
DatesThe rule is effective March 19, 2018.
ContactJason E. Oyler, Esq., General Counsel, 717-238-0423, ext. 1312; [email protected] Also, for further information on the final rule, visit the Commission's website at http:// www.srbc.net.
FR Citation83 FR 11875 
CFR AssociatedAdministrative Practice and Procedure and Water Resources
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