Revisions to the Freedom of Information Act Regulation, 29711-29713 [2017-13640]
Download as PDF
Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
By the National Credit Union
Administration Board on June 23, 2017.
Gerard Poliquin,
Secretary of the Board.
For the reasons stated above, the
interim final rule amending 12 CFR part
747, published at 82 FR 7637 (Jan. 23,
2017) is adopted as a final rule without
change.
■
[FR Doc. 2017–13643 Filed 6–29–17; 8:45 am]
BILLING CODE 7535–01–P
NATIONAL CREDIT UNION
ADMINISTRATION
II. Summary of Public Comments and
Final Rule
12 CFR Part 792
RIN 3133–AD44
Revisions to the Freedom of
Information Act Regulation
National Credit Union
Administration (NCUA).
ACTION: Final rule.
AGENCY:
The NCUA Board (Board) is
finalizing its interim final rule
amending its Freedom of Information
Act (FOIA) regulation. The FOIA
Improvement Act of 2016 amended the
FOIA and required agencies to review
their FOIA regulations and issue certain
amendments by December 27, 2016. The
amendments included revised
procedures for disclosing records under
the FOIA, assessing fees, and notifying
requestors of options for resolving
disputes through the NCUA FOIA
Public Liaison and the Office of
Government Information Services
(OGIS) within the National Archives
and Records Administration. The
interim final rule became effective on
December 22, 2016. This rulemaking
finalizes the interim rule with minor
edits for consistency and clarification.
DATES: Effective June 30, 2017.
FOR FURTHER INFORMATION CONTACT:
Regina Metz, Senior Staff Attorney, or
Linda Dent, Associate General Counsel,
Administrative Law Section, Office of
General Counsel, at 1775 Duke Street,
Alexandria, Virginia 22314–3428, or
telephone: (703) 518–6540.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK30JT082PROD with RULES
SUMMARY:
I. Background
On December 22, 2016, NCUA
published an interim final rule 1 to
revise its FOIA regulation at part 792,
subpart A of the agency’s regulations 2
in accordance with new requirements
under the FOIA Improvement Act of
2016.3 The interim final rule became
1 81
FR 93792 (Dec 22, 2016).
CFR part 792.
3 Public Law 114–185, 130 Stat. 538.
2 12
VerDate Sep<11>2014
17:26 Jun 29, 2017
effective on December 22, 2016. The
NCUA accepted public comments,
however, until January 23, 2017.
The interim final rule revised
procedures for the disclosure of records,
including procedures for engaging in
dispute resolution through the FOIA
Public Liaison and the OGIS. The
revisions were necessary to comply with
amendments to the FOIA Improvement
Act of 2016. NCUA is issuing this
rulemaking to finalize the interim rule
with minor wording changes for
consistency and clarification.
Jkt 241001
NCUA received two comments on the
interim final rule. One was from a trade
organization and one was from an
institute. One comment was fully
supportive of the Act, noting that the
interim rule met all the technical
statutory requirements. The comment,
however, also urged the NCUA to
exceed the requirements and continue
to adopt a presumption of openness.
NCUA’s longstanding FOIA practices
include a presumption of openness
which will continue under the final
rule.
In addition, the commenter believes
the NCUA should post every FOIA
response to its Web site. The FOIA and
the interim final rule, in section
792.03(c), already provide that NCUA
must post on its Web site records
released in response to a FOIA request
that are either: Likely to be the subject
of subsequent requests because of the
nature of their subject matter; or records
that have been requested three or more
times. NCUA generally exceeds these
requirements, posting on its FOIA page
records requested more than once and
considering each record requested for
possible routine Web site posting. As
every record requested, however, is not
of interest to the general public, NCUA
is adopting this section in the final rule
without change.
The other commenter requested that
NCUA revise its definition of
‘‘representative of the news media’’ in
§ 792.20 to be consistent with the FOIA
at 5 U.S.C. 552(a)(4)(A)(ii) and also to
consider additional technical matters.
As a change to this definition and the
other issue raised were not included in
the interim final rule, NCUA will
address this in an upcoming technical
amendment rule. The final rule does
contain minor changes to wording for
consistency and clarification.
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Fmt 4700
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29711
III. Regulatory Procedures
A. Paperwork Reduction Act
In accordance with the requirements
of the Paperwork Reduction Act (PRA)
of 1995,4 the Board has reviewed the
final rule and determined it does not
contain or modify a collection of
information subject to the PRA. The
PRA applies to rulemakings in which an
agency by rule creates a new paperwork
burden on regulated entities or increases
an existing burden. For purposes of the
PRA, a paperwork burden may take the
form of a reporting or recordkeeping
requirement, both referred to as
information collections. Information
collected as part of an affidavit, oath,
affirmation, certification, receipt,
changes of address, consent, or
acknowledgment, however, is not
considered an information collection for
purposes of the PRA.
This category is limited to those
disclosures that require persons to
provide or display only facts necessary
to identify themselves. For example,
they entail no burden other than that
necessary to identify the respondent, the
date, the respondent’s address, and the
nature of the instrument. ‘‘Nature of the
instrument’’ refers to a respondent’s
request for materials, such as
publications or other information from
an agency. To facilitate such requests for
information from an agency, an agency
may ask requesters to describe the
material or information sought in detail
sufficient to describe the individual
desires.
The final rule implements the FOIA
Improvement Act of 2016 by amending
the agency’s FOIA regulations. Because
the only paperwork burden in this final
rule relates to activities that are not
considered to be information
collections, NCUA has determined that
this rule is exempt from the
requirements of the PRA.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act
requires NCUA to prepare an analysis to
describe any significant economic
impact a rule may have on a substantial
number of small credit unions (those
under $100 million in assets). This final
rule does not impose any requirements
on federally insured credit unions.
Therefore, it will not have a significant
economic impact on a substantial
number of small credit unions and a
regulatory flexibility analysis is not
required. Because this final rule would
affect few, if any, small entities, the
Board certifies that the final rule will
4 44
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U.S.C. 3506; 5 CFR part 1320 Appendix A.1.
30JNR1
29712
Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
not have a significant economic impact
on small entities.
C. Executive Order 13132
Executive Order 13132 encourages
independent regulatory agencies to
consider the impact of their actions on
state and local interests. In adherence to
fundamental federalism principles,
NCUA, an independent regulatory
agency as defined in 44 U.S.C. 3502(5),
voluntarily complies with the executive
order. The final rule would not have
substantial direct effects on the states,
on the connection between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. NCUA has
determined that this final rule does not
constitute a policy that has federalism
implications for purposes of the
executive order.
D. The Treasury and General
Government Appropriations Act, 1999—
Assessment of Federal Regulations and
Policies on Families
NCUA has determined that this final
rule would not affect family well-being
within the meaning of section 654 of the
Treasury and General Government
Appropriations Act of 1999.5
E. Small Business Regulatory
Enforcement Fairness Act
The Small Business Regulatory
Enforcement Fairness Act of
1996 (SBREFA) provides generally for
congressional review of agency rules. A
reporting requirement is triggered in
instances where the Board issues a final
rule as defined by Section 551 of the
APA. The Board submitted the rule to
the Office of Management and Budget.
It determined the rule is not a ‘‘major
rule’’ within the meaning of the relevant
sections of SBREFA.
List of Subjects in 12 CFR Part 792
Administrative practice and
procedure, Credit unions, Freedom of
Information, Information, Privacy,
Records, System of records.
mstockstill on DSK30JT082PROD with RULES
By the National Credit Union
Administration Board on June 22, 2017.
Gerard Poliquin,
Secretary of the Board.
For the reasons stated above, the
National Credit Union Administration
adopts the interim rule published
December 22, 2016, at 81 FR 93792, as
final with the following changes:
5 Public
Law 105–277, 112 Stat. 2681.
VerDate Sep<11>2014
17:26 Jun 29, 2017
Jkt 241001
PART 792—REQUESTS FOR
INFORMATION UNDER THE FREEDOM
OF INFORMATION ACT AND PRIVACY
ACT, AND BY SUBPOENA; SECURITY
PROCEDURES FOR CLASSIFIED
INFORMATION
1. The authority citation for part 792
continues to read as follows:
■
Authority: 5 U.S.C. 301, 552, 552a, 552b;
12 U.S.C. 1752a(d), 1766, 1789, 1795f; E.O.
12600, 52 FR 23781, 3 CFR, 1987 Comp.,
p.235; E.O. 13526, 75 FR 707, 2009 Comp.
p.298.
2. In § 792.02, revise the introductory
text and paragraph (d) to read as
follows:
■
§ 792.02 What records does NCUA make
available to the public for inspection and
copying?
Except for records that are exempt
from public disclosure under FOIA as
amended (5 U.S.C. 552) or are promptly
published and copies are available for
purchase, NCUA routinely makes the
following five types of records available
for you to inspect and copy and in an
electronic format:
*
*
*
*
*
(d) Copies of all records, regardless of
form or format, which have been
released after March 31, 1997, in
response to a FOIA request and which,
because of the nature of their subject
matter, NCUA determines have been or
are likely to become the subject of
subsequent requests; or records that
have been requested three (3) or more
times; and
*
*
*
*
*
■ 3. In § 792.03, revise the introductory
text and paragraph (c) to read as follows:
§ 792.03 How will I know which records to
request?
NCUA maintains current indices
providing identifying information for
the public for any matter referred to in
§ 792.02, issued, adopted, or
promulgated after July 4, 1967. The
listing of material in an index is for the
convenience of possible users and does
not constitute a determination that all of
the items listed will be disclosed. NCUA
has determined that publication of the
indices is unnecessary and impractical.
You may obtain copies of indices by
making a request to the NCUA, Office of
General Counsel, 1775 Duke Street,
Alexandria, VA 22314–2387, Attn: FOIA
Officer or as indicated on the NCUA
Web site at www.ncua.gov. The indices
are available for public inspection and
copying, provided at their duplication
cost, and in an electronic format. The
indices are:
*
*
*
*
*
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Fmt 4700
Sfmt 4700
(c) Popular FOIA Index: Records
released in response to a FOIA request,
that NCUA determines are likely to be
the subject of subsequent requests
because of the nature of their subject
matter, or records that have been
requested three (3) or more times. The
Popular FOIA Index is available on the
NCUA Web site.
■ 4. In § 792.10, revise paragraph (e) to
read as follows:
§ 792.10 What will NCUA do with my
request?
*
*
*
*
*
(e) Upon a determination by the
appropriate Information Center to
comply with your initial request for
records, the records will be made
promptly available to you. NCUA will
also advise you of the right to seek
assistance from the FOIA Public
Liaison. If we notify you of a denial of
your request, we will include the reason
for the denial. NCUA will also advise
you of the right to utilize dispute
resolution services offered by the FOIA
Public Liaison and the Office of
Government Information Services.
*
*
*
*
*
■ 5. In § 792.11, revise paragraph (a)(5)
to read as follows:
§ 792.11 What kinds of records are exempt
from public disclosure?
(a) * * *
(5) Inter-agency or intra-agency
memoranda or letters which would not
be available by law to a private party in
litigation with NCUA. This exemption
preserves the existing freedom of NCUA
officials and employees to engage in full
and frank written or taped
communications with each other and
with officials and employees of other
agencies. It includes, but is not limited
to, inter-agency and intra-agency
reports, memoranda, letters,
correspondence, work papers, and
minutes of meetings, as well as staff
papers prepared for use within NCUA or
in concert with other governmental
agencies. In applying this exemption,
the NCUA will not withhold records
based on the deliberative process
privilege if the records were created 25
years or more before the date on which
the records were requested.
*
*
*
*
*
■ 6. In § 792.15, revise paragraph (b)(2)
to read as follows:
§ 792.15 How long will it take to process
my request?
*
*
*
*
*
(b) * * *
(2) Such alternative time period as
mutually agreed by you and the
Information Office, when NCUA notifies
E:\FR\FM\30JNR1.SGM
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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
you that the request cannot be processed
in the specified time limit. In such
cases, NCUA will make available its
FOIA Public Liaison and notify you of
the right to seek dispute resolution
services from the Office of Government
Information Services.
■ 7. In § 792.16, revise paragraph (c) to
read as follows:
§ 792.16 What unusual circumstances can
delay NCUA’s response?
*
*
*
*
*
(c) If NCUA sends you an extension
notice, it will also advise you that you
can either limit the scope of your
request so that it can be processed
within the statutory time limit or agree
to an alternative time frame for
processing your request. In such cases,
NCUA will make available its FOIA
Public Liaison and notify you of the
right to seek dispute resolution services
from the Office of Government
Information Services.
■ 8. Revise § 792.17 to read as follows:
mstockstill on DSK30JT082PROD with RULES
§ 792.17 What can I do if the time limit
passes and I still have not received a
response?
(a) If NCUA does not comply with the
time limits under § 792.15, or as
extended under § 792.16, you do not
have to pay search fees; requesters
qualifying for free search fees will not
have to pay duplication fees. However,
if NCUA has extended the time limits
under § 792.16 and must review more
than 5,000 pages to respond to the
request, NCUA may charge you search
fees (or for requesters qualifying for free
search fees, duplication fees), if NCUA
has discussed with you via written mail,
electronic mail, or telephone (or made
not less than 3 good-faith attempts to do
so) how you could effectively limit the
scope of the request.
(b) You can seek assistance from the
FOIA Public Liaison or dispute
resolution services from the Office of
Government Information Services. You
also can file suit against NCUA because
you will be deemed to have exhausted
your administrative remedies if NCUA
fails to comply with the time limit
provisions of this subpart. If NCUA can
show that exceptional circumstances
exist and that it is exercising due
diligence in responding to your request,
the court may retain jurisdiction and
allow NCUA to complete its review of
the records. You may have to pay search
or duplication fees if a court has
determined that exceptional
circumstances exist and has extended
the time limits for NCUA’s response by
a court order. In determining whether
exceptional circumstances exist, the
court may consider your refusal to
VerDate Sep<11>2014
17:26 Jun 29, 2017
Jkt 241001
modify the scope of your request or
arrange an alternative time frame for
processing after being given the
opportunity to do so by NCUA, when it
notifies you of the existence of unusual
circumstances as set forth in § 792.16.
■ 9. In § 792.28, revise the introductory
text to read as follows:
§ 792.28 What if I am not satisfied with the
response I receive?
If you are not satisfied with NCUA’s
response to your request, you can seek
dispute resolution services from the
FOIA Public Liaison and the Office of
Government Information Services, and
you can file an administrative appeal.
Your appeal must be in writing and
must be filed within 90 days from
receipt of the initial determination (in
cases of denials of the entire request or
denials of a fee waiver or reduction), or
from receipt of any records being made
available pursuant to the initial
determination (in cases of partial
denials). In the response to your initial
request, the Freedom of Information Act
Officer or the Inspector General (or
designee), will notify you that you may
appeal any adverse determination to the
Office of General Counsel. The General
Counsel, or designee, as set forth in this
paragraph, will:
*
*
*
*
*
[FR Doc. 2017–13640 Filed 6–29–17; 8:45 am]
BILLING CODE 7535–01–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
12 CFR Parts 1024 and 1026
[Docket No. CFPB–2017–0016]
Policy Guidance on Supervisory and
Enforcement Priorities Regarding Early
Compliance With the 2016
Amendments to the 2013 Mortgage
Rules Under the Real Estate
Settlement Procedures Act (Regulation
X) and the Truth in Lending Act
(Regulation Z)
Bureau of Consumer Financial
Protection.
ACTION: Policy guidance.
AGENCY:
The Consumer Financial
Protection Bureau (Bureau) is issuing
policy guidance on its supervisory and
enforcement priorities regarding early
compliance with the final rule it issued
in August 2016 (2016 Mortgage
Servicing Final Rule) amending certain
of the Bureau’s mortgage servicing rules.
DATES: The Bureau released this Policy
Guidance on its Web site on June 27,
2017.
SUMMARY:
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
29713
FOR FURTHER INFORMATION CONTACT:
Joel
L. Singerman, Counsel, or Laura A.
Johnson, Senior Counsel, Office of
Regulations, at 202–435–7700.
SUPPLEMENTARY INFORMATION:
I. Summary
On August 4, 2016, the Bureau issued
the 2016 Mortgage Servicing Final Rule
clarifying, revising, or amending certain
of the Bureau’s mortgage servicing
rules.1 Each of the changes will take
effect on either Thursday, October 19,
2017, or Thursday, April 19, 2018.2 The
Bureau has heard concerns that these
midweek effective dates for the 2016
Mortgage Servicing Final Rule could
create operational challenges for
servicers. The Bureau understands that,
for many servicers, the Thursday
effective dates could afford less than a
full day—from the close of business
overnight on each of the preceding
Wednesdays—to update and test
systems in order to be compliant with
the 2016 amendments. If servicers do
not have sufficient time to complete
these tasks, their systems may be more
likely to produce errors, which could
expose servicers and consumers to risk.
Industry participants have notified the
Bureau that implementing the 2016
Mortgage Servicing Final Rule during
the weekend, with early compliance
beginning on the Monday before each of
the respective Thursday effective dates,
would address these concerns.
The Bureau understands industry’s
concerns and believes that, in the
context of the 2016 Mortgage Servicing
Final Rule, servicers and consumers are
likely to benefit if servicers have the
weekend immediately before each of the
effective dates to update and test their
systems. The Bureau does not, therefore,
intend to take supervisory or
enforcement action for violations of
existing Regulation X or Regulation Z
resulting from a servicer’s compliance
with the 2016 Mortgage Servicing Final
Rule occurring up to three days before
the applicable effective dates. For these
purposes, ‘‘up to three days before the
applicable effective dates’’ means, for
the amendments that will take effect on
Thursday, October 19, 2017, the period
of Monday, October 16, through
Wednesday, October 18, 2017; and, for
the amendments that will take effect on
Thursday, April 19, 2018, the period of
Monday, April 16, through Wednesday,
April 18, 2018.
1 Amendments to the 2013 Mortgage Rules under
the Real Estate Settlement Procedures Act
(Regulation X) and the Truth in Lending Act
(Regulation Z), 81 FR 72160 (Oct. 19, 2016).
2 See id. at 72160, 72349–50.
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30JNR1
Agencies
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29711-29713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13640]
-----------------------------------------------------------------------
NATIONAL CREDIT UNION ADMINISTRATION
12 CFR Part 792
RIN 3133-AD44
Revisions to the Freedom of Information Act Regulation
AGENCY: National Credit Union Administration (NCUA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The NCUA Board (Board) is finalizing its interim final rule
amending its Freedom of Information Act (FOIA) regulation. The FOIA
Improvement Act of 2016 amended the FOIA and required agencies to
review their FOIA regulations and issue certain amendments by December
27, 2016. The amendments included revised procedures for disclosing
records under the FOIA, assessing fees, and notifying requestors of
options for resolving disputes through the NCUA FOIA Public Liaison and
the Office of Government Information Services (OGIS) within the
National Archives and Records Administration. The interim final rule
became effective on December 22, 2016. This rulemaking finalizes the
interim rule with minor edits for consistency and clarification.
DATES: Effective June 30, 2017.
FOR FURTHER INFORMATION CONTACT: Regina Metz, Senior Staff Attorney, or
Linda Dent, Associate General Counsel, Administrative Law Section,
Office of General Counsel, at 1775 Duke Street, Alexandria, Virginia
22314-3428, or telephone: (703) 518-6540.
SUPPLEMENTARY INFORMATION:
I. Background
On December 22, 2016, NCUA published an interim final rule \1\ to
revise its FOIA regulation at part 792, subpart A of the agency's
regulations \2\ in accordance with new requirements under the FOIA
Improvement Act of 2016.\3\ The interim final rule became effective on
December 22, 2016. The NCUA accepted public comments, however, until
January 23, 2017.
---------------------------------------------------------------------------
\1\ 81 FR 93792 (Dec 22, 2016).
\2\ 12 CFR part 792.
\3\ Public Law 114-185, 130 Stat. 538.
---------------------------------------------------------------------------
The interim final rule revised procedures for the disclosure of
records, including procedures for engaging in dispute resolution
through the FOIA Public Liaison and the OGIS. The revisions were
necessary to comply with amendments to the FOIA Improvement Act of
2016. NCUA is issuing this rulemaking to finalize the interim rule with
minor wording changes for consistency and clarification.
II. Summary of Public Comments and Final Rule
NCUA received two comments on the interim final rule. One was from
a trade organization and one was from an institute. One comment was
fully supportive of the Act, noting that the interim rule met all the
technical statutory requirements. The comment, however, also urged the
NCUA to exceed the requirements and continue to adopt a presumption of
openness. NCUA's longstanding FOIA practices include a presumption of
openness which will continue under the final rule.
In addition, the commenter believes the NCUA should post every FOIA
response to its Web site. The FOIA and the interim final rule, in
section 792.03(c), already provide that NCUA must post on its Web site
records released in response to a FOIA request that are either: Likely
to be the subject of subsequent requests because of the nature of their
subject matter; or records that have been requested three or more
times. NCUA generally exceeds these requirements, posting on its FOIA
page records requested more than once and considering each record
requested for possible routine Web site posting. As every record
requested, however, is not of interest to the general public, NCUA is
adopting this section in the final rule without change.
The other commenter requested that NCUA revise its definition of
``representative of the news media'' in Sec. 792.20 to be consistent
with the FOIA at 5 U.S.C. 552(a)(4)(A)(ii) and also to consider
additional technical matters. As a change to this definition and the
other issue raised were not included in the interim final rule, NCUA
will address this in an upcoming technical amendment rule. The final
rule does contain minor changes to wording for consistency and
clarification.
III. Regulatory Procedures
A. Paperwork Reduction Act
In accordance with the requirements of the Paperwork Reduction Act
(PRA) of 1995,\4\ the Board has reviewed the final rule and determined
it does not contain or modify a collection of information subject to
the PRA. The PRA applies to rulemakings in which an agency by rule
creates a new paperwork burden on regulated entities or increases an
existing burden. For purposes of the PRA, a paperwork burden may take
the form of a reporting or recordkeeping requirement, both referred to
as information collections. Information collected as part of an
affidavit, oath, affirmation, certification, receipt, changes of
address, consent, or acknowledgment, however, is not considered an
information collection for purposes of the PRA.
---------------------------------------------------------------------------
\4\ 44 U.S.C. 3506; 5 CFR part 1320 Appendix A.1.
---------------------------------------------------------------------------
This category is limited to those disclosures that require persons
to provide or display only facts necessary to identify themselves. For
example, they entail no burden other than that necessary to identify
the respondent, the date, the respondent's address, and the nature of
the instrument. ``Nature of the instrument'' refers to a respondent's
request for materials, such as publications or other information from
an agency. To facilitate such requests for information from an agency,
an agency may ask requesters to describe the material or information
sought in detail sufficient to describe the individual desires.
The final rule implements the FOIA Improvement Act of 2016 by
amending the agency's FOIA regulations. Because the only paperwork
burden in this final rule relates to activities that are not considered
to be information collections, NCUA has determined that this rule is
exempt from the requirements of the PRA.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act requires NCUA to prepare an analysis
to describe any significant economic impact a rule may have on a
substantial number of small credit unions (those under $100 million in
assets). This final rule does not impose any requirements on federally
insured credit unions. Therefore, it will not have a significant
economic impact on a substantial number of small credit unions and a
regulatory flexibility analysis is not required. Because this final
rule would affect few, if any, small entities, the Board certifies that
the final rule will
[[Page 29712]]
not have a significant economic impact on small entities.
C. Executive Order 13132
Executive Order 13132 encourages independent regulatory agencies to
consider the impact of their actions on state and local interests. In
adherence to fundamental federalism principles, NCUA, an independent
regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies
with the executive order. The final rule would not have substantial
direct effects on the states, on the connection between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government. NCUA has
determined that this final rule does not constitute a policy that has
federalism implications for purposes of the executive order.
D. The Treasury and General Government Appropriations Act, 1999--
Assessment of Federal Regulations and Policies on Families
NCUA has determined that this final rule would not affect family
well-being within the meaning of section 654 of the Treasury and
General Government Appropriations Act of 1999.\5\
---------------------------------------------------------------------------
\5\ Public Law 105-277, 112 Stat. 2681.
---------------------------------------------------------------------------
E. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act of
1996[thinsp](SBREFA) provides generally for congressional review of
agency rules. A reporting requirement is triggered in instances where
the Board issues a final rule as defined by Section 551 of the APA. The
Board submitted the rule to the Office of Management and Budget. It
determined the rule is not a ``major rule'' within the meaning of the
relevant sections of SBREFA.
List of Subjects in 12 CFR Part 792
Administrative practice and procedure, Credit unions, Freedom of
Information, Information, Privacy, Records, System of records.
By the National Credit Union Administration Board on June 22,
2017.
Gerard Poliquin,
Secretary of the Board.
For the reasons stated above, the National Credit Union
Administration adopts the interim rule published December 22, 2016, at
81 FR 93792, as final with the following changes:
PART 792--REQUESTS FOR INFORMATION UNDER THE FREEDOM OF INFORMATION
ACT AND PRIVACY ACT, AND BY SUBPOENA; SECURITY PROCEDURES FOR
CLASSIFIED INFORMATION
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1. The authority citation for part 792 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a, 552b; 12 U.S.C. 1752a(d),
1766, 1789, 1795f; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp.,
p.235; E.O. 13526, 75 FR 707, 2009 Comp. p.298.
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2. In Sec. 792.02, revise the introductory text and paragraph (d) to
read as follows:
Sec. 792.02 What records does NCUA make available to the public for
inspection and copying?
Except for records that are exempt from public disclosure under
FOIA as amended (5 U.S.C. 552) or are promptly published and copies are
available for purchase, NCUA routinely makes the following five types
of records available for you to inspect and copy and in an electronic
format:
* * * * *
(d) Copies of all records, regardless of form or format, which have
been released after March 31, 1997, in response to a FOIA request and
which, because of the nature of their subject matter, NCUA determines
have been or are likely to become the subject of subsequent requests;
or records that have been requested three (3) or more times; and
* * * * *
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3. In Sec. 792.03, revise the introductory text and paragraph (c) to
read as follows:
Sec. 792.03 How will I know which records to request?
NCUA maintains current indices providing identifying information
for the public for any matter referred to in Sec. 792.02, issued,
adopted, or promulgated after July 4, 1967. The listing of material in
an index is for the convenience of possible users and does not
constitute a determination that all of the items listed will be
disclosed. NCUA has determined that publication of the indices is
unnecessary and impractical. You may obtain copies of indices by making
a request to the NCUA, Office of General Counsel, 1775 Duke Street,
Alexandria, VA 22314-2387, Attn: FOIA Officer or as indicated on the
NCUA Web site at www.ncua.gov. The indices are available for public
inspection and copying, provided at their duplication cost, and in an
electronic format. The indices are:
* * * * *
(c) Popular FOIA Index: Records released in response to a FOIA
request, that NCUA determines are likely to be the subject of
subsequent requests because of the nature of their subject matter, or
records that have been requested three (3) or more times. The Popular
FOIA Index is available on the NCUA Web site.
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4. In Sec. 792.10, revise paragraph (e) to read as follows:
Sec. 792.10 What will NCUA do with my request?
* * * * *
(e) Upon a determination by the appropriate Information Center to
comply with your initial request for records, the records will be made
promptly available to you. NCUA will also advise you of the right to
seek assistance from the FOIA Public Liaison. If we notify you of a
denial of your request, we will include the reason for the denial. NCUA
will also advise you of the right to utilize dispute resolution
services offered by the FOIA Public Liaison and the Office of
Government Information Services.
* * * * *
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5. In Sec. 792.11, revise paragraph (a)(5) to read as follows:
Sec. 792.11 What kinds of records are exempt from public disclosure?
(a) * * *
(5) Inter-agency or intra-agency memoranda or letters which would
not be available by law to a private party in litigation with NCUA.
This exemption preserves the existing freedom of NCUA officials and
employees to engage in full and frank written or taped communications
with each other and with officials and employees of other agencies. It
includes, but is not limited to, inter-agency and intra-agency reports,
memoranda, letters, correspondence, work papers, and minutes of
meetings, as well as staff papers prepared for use within NCUA or in
concert with other governmental agencies. In applying this exemption,
the NCUA will not withhold records based on the deliberative process
privilege if the records were created 25 years or more before the date
on which the records were requested.
* * * * *
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6. In Sec. 792.15, revise paragraph (b)(2) to read as follows:
Sec. 792.15 How long will it take to process my request?
* * * * *
(b) * * *
(2) Such alternative time period as mutually agreed by you and the
Information Office, when NCUA notifies
[[Page 29713]]
you that the request cannot be processed in the specified time limit.
In such cases, NCUA will make available its FOIA Public Liaison and
notify you of the right to seek dispute resolution services from the
Office of Government Information Services.
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7. In Sec. 792.16, revise paragraph (c) to read as follows:
Sec. 792.16 What unusual circumstances can delay NCUA's response?
* * * * *
(c) If NCUA sends you an extension notice, it will also advise you
that you can either limit the scope of your request so that it can be
processed within the statutory time limit or agree to an alternative
time frame for processing your request. In such cases, NCUA will make
available its FOIA Public Liaison and notify you of the right to seek
dispute resolution services from the Office of Government Information
Services.
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8. Revise Sec. 792.17 to read as follows:
Sec. 792.17 What can I do if the time limit passes and I still have
not received a response?
(a) If NCUA does not comply with the time limits under Sec.
792.15, or as extended under Sec. 792.16, you do not have to pay
search fees; requesters qualifying for free search fees will not have
to pay duplication fees. However, if NCUA has extended the time limits
under Sec. 792.16 and must review more than 5,000 pages to respond to
the request, NCUA may charge you search fees (or for requesters
qualifying for free search fees, duplication fees), if NCUA has
discussed with you via written mail, electronic mail, or telephone (or
made not less than 3 good-faith attempts to do so) how you could
effectively limit the scope of the request.
(b) You can seek assistance from the FOIA Public Liaison or dispute
resolution services from the Office of Government Information Services.
You also can file suit against NCUA because you will be deemed to have
exhausted your administrative remedies if NCUA fails to comply with the
time limit provisions of this subpart. If NCUA can show that
exceptional circumstances exist and that it is exercising due diligence
in responding to your request, the court may retain jurisdiction and
allow NCUA to complete its review of the records. You may have to pay
search or duplication fees if a court has determined that exceptional
circumstances exist and has extended the time limits for NCUA's
response by a court order. In determining whether exceptional
circumstances exist, the court may consider your refusal to modify the
scope of your request or arrange an alternative time frame for
processing after being given the opportunity to do so by NCUA, when it
notifies you of the existence of unusual circumstances as set forth in
Sec. 792.16.
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9. In Sec. 792.28, revise the introductory text to read as follows:
Sec. 792.28 What if I am not satisfied with the response I receive?
If you are not satisfied with NCUA's response to your request, you
can seek dispute resolution services from the FOIA Public Liaison and
the Office of Government Information Services, and you can file an
administrative appeal. Your appeal must be in writing and must be filed
within 90 days from receipt of the initial determination (in cases of
denials of the entire request or denials of a fee waiver or reduction),
or from receipt of any records being made available pursuant to the
initial determination (in cases of partial denials). In the response to
your initial request, the Freedom of Information Act Officer or the
Inspector General (or designee), will notify you that you may appeal
any adverse determination to the Office of General Counsel. The General
Counsel, or designee, as set forth in this paragraph, will:
* * * * *
[FR Doc. 2017-13640 Filed 6-29-17; 8:45 am]
BILLING CODE 7535-01-P