Procedures for Disclosure or Production of Information Under the Freedom of Information Act, 37004-37010 [2017-16550]
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Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
an administrative appeal under the
administrative appeals procedures set
out at 15 CFR part 906.
(v) If changes are required to the VMP
to improve the data collection of the EM
system or address fishing operation
changes, the vessel owner or operator
must work with NMFS and the EM
service provider to alter the VMP. The
vessel owner or operator must sign the
updated VMP and submit these changes
to the VMP to NMFS prior to departing
on the next fishing trip selected for EM
coverage.
(5) Vessel owner or operator
responsibilities. To use an EM system
under this section, the vessel owner or
operator must:
(i) Make the vessel available for the
installation of EM equipment by an EM
service provider.
(ii) Provide access to the vessel’s
systems and reasonable assistance to the
EM service provider.
(iii) Maintain a copy of a NMFSapproved VMP aboard the vessel at all
times when the vessel is directed fishing
in a fishery subject to EM coverage.
(iv) Comply with all elements of the
VMP when selected for EM coverage in
ODDS.
(v) Maintain the EM system, including
the following:
(A) Ensure power is maintained to the
EM system at all times when the vessel
is underway.
(B) Ensure the system is functioning
for the entire fishing trip, camera views
are unobstructed and clear in quality,
and catch and discards may be
completely viewed, identified, and
quantified.
(C) Ensure EM system components are
not tampered with, disabled, destroyed,
or operated or maintained improperly.
(vi) Complete pre-departure function
test and daily verification of EM system.
(A) Prior to departing port, the vessel
operator must conduct a system
function test following the instructions
from the EM service provider. The
vessel operator must verify that the EM
system has adequate memory to record
the entire fishing trip.
(1) If the EM system function test
detects a malfunction identified as a
high priority in the vessel’s VMP or
does not allow the data collection
objectives to be achieved, the vessel
must remain in port for up to 72 hours
to allow an EM service provider time to
conduct repairs. If the repairs cannot be
completed within the 72-hour time
frame, the vessel is released from EM
coverage for that fishing trip and may
depart on the scheduled fishing trip. A
malfunction must be repaired prior to
departing on a subsequent fishing trip.
The vessel will automatically be
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selected for EM coverage for the
subsequent fishing trip after the
malfunction has been repaired.
(2) If the EM system function test
detects a malfunction identified as a low
priority in the vessel’s VMP, the vessel
operator may depart on the scheduled
fishing trip following the procedures for
low priority malfunctions described in
the vessel’s VMP. At the end of the trip
the vessel operator must work with the
EM service provider to repair the
malfunction. The vessel operator may
not depart on another fishing trip
selected for EM coverage with this
system malfunction unless the vessel
operator has contacted the EM service
provider.
(B) During a fishing trip selected for
EM coverage, before each set is retrieved
the vessel operator must verify all
cameras are recording and all sensors
and other required EM system
components are functioning as
instructed in the vessel’s VMP.
(1) If a malfunction is detected, prior
to retrieving the set the vessel operator
must attempt to correct the problem
using the instructions in the vessel’s
VMP.
(2) If the malfunction cannot be
repaired at sea, the vessel operator must
notify the EM service provider of the
malfunction at the end of the fishing
trip. The malfunction must be repaired
prior to departing on a subsequent
fishing trip selected for EM coverage.
(vii) At the end of a fishing trip
selected for EM coverage, the vessel
operator must submit the video data
storage device and associated
documentation identified in the vessel’s
VMP to NMFS using a method that
requires a signature for delivery and
provides a return receipt or delivery
notification to the sender. The vessel
operator must postmark the video data
storage device and associated
documentation no later than 2 business
days after the end of the fishing trip. If
the fishing trip ends in a remote port
with limited postal service or at a tender
vessel, the vessel operator must ensure
the video data storage device and
associated documentation is postmarked
as soon as possible but no later than two
weeks after the end of the fishing trip.
(viii) Make the EM system and
associated equipment available for
inspection upon request by OLE, a
NMFS-authorized officer, or other
NMFS-authorized personnel.
(6) EM for fishing in multiple
regulatory areas. If a vessel owner or
operator intends to fish in multiple
regulatory areas using an EM system
under the exception provided at
§ 679.7(f)(4), the vessel owner or
operator must:
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(i) Meet the requirements described in
paragraph (f) of this section.
(ii) Register in ODDS that he or she
intends to fish in multiple regulatory
areas using the exception in
§ 679.7(f)(4).
(iii) Ensure the EM system is powered
continuously during the fishing trip. If
the EM system is powered down during
periods of non-fishing, the VMP must
describe alternate methods to ensure
location information about the vessel is
available for the entire fishing trip, as
specified in the VMP template available
through the NMFS Alaska Region Web
site https://alaskafisheries.noaa.gov/.
(iv) If an EM system malfunction
occurs during a fishing trip that does
not allow the recording of retrieval
location information and imagery of
catch as described in the vessel’s VMP,
the vessel operator must cease fishing
and contact OLE immediately.
[FR Doc. 2017–16703 Filed 8–7–17; 8:45 am]
BILLING CODE 3510–22–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1015
[Docket No. CPSC–2016–0030]
Procedures for Disclosure or
Production of Information Under the
Freedom of Information Act
Consumer Product Safety
Commission.
ACTION: Final rule.
AGENCY:
The Consumer Product Safety
Commission (Commission, CPSC, or we)
is issuing a final rule to update its
Freedom of Information Act (FOIA) rule.
The final rule revises the rule to
conform to the amendments of the FOIA
Improvement Act of 2016 (the 2016
FOIA) to the FOIA. The final rule is also
updated to reflect changes in
Commission procedures; updates
Commission contact information,
including current methods of submitting
requests for records to the Commission;
revises employee titles; and makes
various technical changes and
corrections.
SUMMARY:
The rule is effective on
September 7, 2017.
DATES:
FOR FURTHER INFORMATION CONTACT:
Renee McCune, Office of the General
Counsel, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814, (301) 504–7673; or
Todd A. Stevenson, Chief Freedom of
Information Officer, Consumer Product
Safety Commission, 4330 East West
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Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
Highway, Bethesda, MD 20814, (301)
504–6836.
SUPPLEMENTARY INFORMATION: The
Commission amends the agency’s
procedures for disclosure or production
of information under the Freedom of
Information Act. 16 CFR part 1015.
Table of Contents
A. Purpose and Scope (§ 1015.1)
I. Background Information
II. Response to Comments
III. Environmental Considerations
IV. Regulatory Flexibility Act
V. Paperwork Reduction Act
VI. Executive Order 12988 (Preemption)
VII. Effective Date
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I. Background Information
On June 30, 2016, the President
signed into law the 2016 FOIA, Public
Law 114–185 (2016). The 2016 FOIA
amends the Freedom of Information Act,
5 U.S.C. 552, requiring an agency to
review its FOIA regulations and issue
regulations on procedures for the
disclosure of records under the new
amendments. Specifically, the 2016
FOIA requires: Certain records be
available for public inspection in an
electronic format; agencies to make
available for public inspection in an
electronic format records that have been
requested three or more times; that an
agency not withhold information under
FOIA unless the agency reasonably
foresees that disclosure would harm an
interest protected by a FOIA Exemption
or disclosure is prohibited by law;
extending the number of days for an
administrative appeal of an adverse
determination from 30 to 90 days; the
assessment of fees be limited in certain
circumstances; and requesters be
notified of available dispute resolution
services from the FOIA Public Liaison of
the agency or the Office of Government
Information Services.
The Commission amends its
regulations to implement the 2016
FOIA, 16 CFR part 1015, by
incorporating these new statutory
requirements. The amendments revise
the Commission’s FOIA regulations to
comply with the FOIA, as amended by
the 2016 FOIA, and update Commission
procedures, contact information, and
methods of submitting requests for
records to the Commission, in addition
to other conforming and technical
revisions. Updating Commission
procedures and Commission contact
information provides clarity for
requesters seeking records from the
Commission.
II. Response to Comments
On January 3, 2017, the Commission
published a Notice of Proposed
Rulemaking (NPR) in the Federal
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Register. 82 FR 59. CPSC received two
comments in response to the NPR. The
comments addressed seven separate
issues. Comments submitted in response
to the NPR are available at:
www.regulations.gov, by searching
under the docket number of the
rulemaking, CPSC–2016–0030.
Based on informal input from the
Office of Information Policy (‘‘OIP’’)
within the U.S. Department of Justice,
we clarified the Privacy Act discussion
in § 1015.1(a) to reflect current practices
and provided further guidance to first
and third party requesters. With respect
to an individual’s request for records
about himself or herself, we clarified
that we would process such a request
under the Privacy Act and then under
the FOIA. Thus, if a request is denied
under the Privacy Act, the records will
be processed under the FOIA. This
change is consistent with the FOIA and
allows a requester access to the greatest
number of records.
Additionally, with respect to a request
by a third party for records under the
Privacy Act, we removed the sentence
on third party requests (not including a
request on behalf of a first party for
Privacy Act records) because such
requests are only processed under the
FOIA. Therefore the reference to third
party requests being processed under
the Privacy Act is not required.
One commenter asserted that the
Commission’s policy regarding requests
for records in § 1015.1(b) should not
characterize disclosure as a ‘‘rule’’ and
withholding as an ‘‘exception.’’ The
commenter stated that ‘‘disclosure’’ and
‘‘withholding’’ are ‘‘prescribed equally
by rules’’ and suggested that the
Commission’s policy should indicate
that the Commission will apply a
presumption of disclosure when
processing responsive records.
We believe that a presumption of
disclosure is already reflected in the
Commission’s policy statement in
§ 1015.1(b), which states that the
Commission’s policy regarding requests
for records is that disclosure is the rule
and withholding is the exception. The
Commission’s policy is further clarified
by the next two sentences in the rule,
which incorporate a presumption of
disclosure in explaining the limited
circumstances under which records that
are exempted from disclosure will not
be made available. Accordingly, we
decline to revise the sentence.
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37005
B. Time Limitation on Responses to
Requests for Records and Requests for
Expedited Processing (§ 1015.5)
One commenter observed that the
time limitations as written in
§§ 1015.5(a) and 1015.7(b) of the NPR
could result in unintended
consequences. The commenter
suggested that, under this formulation, a
request or an appeal submitted at, for
example, 7:59 a.m., would begin
running the next work day, instead of
one minute later, at 8 a.m. Additionally,
the commenter noted that the phrase ‘‘to
requests for records’’ should be added
after the word ‘‘responses’’ at the end of
the sentence and a comma should be
added after the word ‘‘received.’’
We agree with the commenter. If an
electronic submission occurs during
non-working hours, we intend for time
limitations to begin to run when
working hours resume. Accordingly, we
have revised the sentence, which also
takes into account the grammatical
concerns the commenter raised. For
example, if a request is submitted
electronically at 7:59 a.m. EST on a
working day, the time limitations will
begin to run at 8 a.m. EST on that day
when working hours resume. In
response to the comment addressing
§ 1015.7(b) we made the same
conforming changes to § 1015.7(b).
One commenter stated that, to be
consistent with other provisions in the
rule that expressly state whether time
periods are measured in calendar days
or working days, the Commission
should clarify § 1015.5(g)(3) to reflect
that the Secretariat or delegate of the
Secretariat will determine whether to
grant a request for expedited processing
within 10 calendar days of receipt of the
request.
The rule does not indicate whether
the 10 days are calendar days or
working days. For clarity and
consistency with other provisions in the
rule that specify ‘‘calendar days’’ or
‘‘working days’’ we have amended the
sentence to refer to ‘‘ten (10) calendar
days.’’ This amendment is consistent
with the Commission’s current practice
of treating the 10 day time period as
calendar days. It is also consistent with
the FOIA, which does not specify
‘‘working days.’’ 5 U.S.C.
552(a)(6)(E)(ii)(I).
C. Responses: Form and Content
(§ 1015.6)
One commenter remarked that neither
party may be able to definitively prove
the date of receipt of the Commission’s
denial of a request for records under
§ 1015.6(b)(4) if the Commission sends
the denial by regular mail. The rule
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states that the requester has 90 calendar
days from the receipt of the denial or
partial denial to make an appeal. To
avoid this problem, the commenter
suggested that the Commission calculate
the 90-day deadline from the date the
Commission issues its denial.
In response to the comment, we have
revised §§ 1015.6(b)(4) and 1015.7(a) to
state that an appeal must be made
within 90 calendar days of the
Commission’s response. The
Commission’s practice is to send
certified letters of denial, which allow
the Commission to determine the date
that the requester received the letter.
This revision simplifies the process,
eliminates any ambiguity, and allows
the Commission flexibility to implement
future changes electronically where
feasible. This change also tracks the
FOIA, which provides that, in the case
of an adverse determination, there is a
right to appeal ‘‘within a period
determined by the head of the agency
that is not less than 90 days after the
date of such adverse determination.’’ 5
U.S.C. 552(a)(6)(A)(i)(III)(aa). The
revisions also revise §§ 1015.6(b), (b)(4),
and 1015.7(a) to state that denials
include partial denials, for consistency
with the current language in § 1015.7(a),
which refers to denials of requests for
records ‘‘in whole or in part.’’ The
Commission’s practice is to include a
date on denial letters, but we have
amended § 1015.6(b) to explicitly
require that a denial letter be dated.
D. Appeals From Initial Denials;
Reconsideration by the Secretariat
(§ 1015.7)
As noted above, one commenter
identified that proposed § 1015.7(b),
which sets forth time limits for
responding to appeals, would add an
extra day for responding to an appeal
received just before the start of a
working day.
As stated in our above response, we
agree that the sentence should be
revised. Accordingly, for the same
reasons we noted above, we have
similarly revised the sentence, except
that we refer to ‘‘appeals’’ instead of
‘‘requests’’ (an error in the NPR). For
that same reason, we also revised the
preceding sentence to correct ‘‘request’’
to state ‘‘appeal.’’ Finally, we updated a
parenthetical citation at the end of
§ 1015.7.
E. Fees for Production of Records
(§ 1015.9)
One commenter asserted that the
definition of a ‘‘representative of the
news media’’ at § 1015.9(c)(8) should be
amended because it is outdated and
conflicts with the FOIA, as amended,
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and to conform to judicial authorities,
citing Cause of Action v. Federal Trade
Commission, 799 F.3d 1108 (D.C. Cir.
2015). Additionally, the commenter
suggested that we consider other
elements of the Cause of Action
decision with respect to the news media
requester fee category. Specifically, the
commenter stated that the news media
requester fee category should focus on
the nature of the requester, not its
request. With respect to the requirement
that a news media requester use
‘‘editorial skills’’ to turn ‘‘raw
materials’’ into a ‘‘distinct work,’’ the
commenter asserted that even a simple
press release commenting on records
satisfies this criterion. Finally, the
commenter stated that the Cause of
Action court indicated that the statutory
definition of a ‘‘representative of the
news media’’ includes ‘‘alternative
media’’ and evolving news media
formats, and therefore, we should state
that any examples of news media
entities we may include in the rule are
non-exhaustive.
We agree with the commenter that the
definition of ‘‘representative of the news
media,’’ which is used to determine fee
waivers in § 1015.9, is outdated and
should be amended to track the
definition in the FOIA at 5 U.S.C.
552(a)(4)(A)(ii). Therefore, we have
revised the first sentence of the
definition to follow the FOIA definition.
Additionally, to provide further
clarification and guidance for this
definition, we have incorporated some
additional language from the FOIA
definition and the template guidelines
for agency FOIA regulations provided
by the OIP.
This additional language encompasses
the OIP guidance and addresses the
commenter’s suggestions. First, the
additional language added to the
definition of news media focuses on the
nature of the requester as opposed to the
content of the request. Second, the
commenter’s observation that a press
release should meet the distinct work
standard would be permissible under
the revised definition as long as it meets
the requirement that it is about current
events or of current interest to the
public. Finally, we explain that the
revised definition uses examples of
news media entities that are not allinclusive.
One commenter suggested clarifying
that the ‘‘10 additional days’’ in
§ 1015.9(f)(6)(i) are working days. We
agree with the commenter and for
clarity have amended § 1015.9(f)(6)(i)
accordingly. This section is an
exception to the requirement that the
Commission waive certain fees if it fails
to meet certain time limits. Although
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the ‘‘10 additional days’’ language we
proposed in the NPR tracks the language
used in the 2016 FOIA at 5 U.S.C.
552(a)(4)(A)(viii)(ll), the 10 days are in
addition to the 20 working days that the
Commission has to respond to the
request for records per 5 U.S.C.
552(a)(6)(A)(i) and therefore also are
calculated as working days. This
revision is consistent with 5 U.S.C.
552(a)(6)(B)(i), which refers to the
extension for unusual circumstances as
no more than 10 working days, and the
revision is also consistent with the
Commission’s current practices.
Additionally, on our own initiative,
we made some clarifications and
corrections to § 1015.9(f)(6).
Specifically, we added or corrected
citations to other sections in the rule
and made other conforming changes to
the 2016 FOIA. First, we added or
corrected some references to sections in
the rule that had previously been
omitted or needed to be revised.
Second, we revised the first sentence to
remove ‘‘and notice’’ to track the
language of the 2016 FOIA at 5 U.S.C.
552(a)(4)(A)(viii), which only refers to
‘‘any time limits.’’ The notice portion is
instead a requirement of the exceptions
at § 1015.9(f)(6)(i) and (ii), as stated in
the 2016 FOIA at 5 U.S.C.
552(a)(4)(A)(viii)(ll)(aa) and (bb).
Finally, we corrected two citation errors
in § 1015.9(f)(6)(iii).
F. Commission Report of Actions to
Congress (§ 1015.10)
Based on informal OIP input on this
section we removed § 1015.10 because it
unnecessarily repeats the requirements
stated in the FOIA at 5 U.S.C. 552(e)(1),
and, at the same time, is incomplete and
lacks various other requirements listed
in the FOIA. See 5 U.S.C.
552(e)(1)(B)(2), (C), and (F)–(M).
Amending this section to restate all of
the requirements from the FOIA would
make the rule unnecessarily dense and
provides no additional guidance about
the requirement.
G. Exemptions (5 U.S.C. 552(b))
(§ 1015.16)
Also based on informal OIP input on
this section, we removed § 1015.16 for
similar reasons. Because the
requirements are already specified in
the FOIA at 5 U.S.C. 552(b), it is
unnecessary to repeat them in the rule.
Moreover, § 1015.16(c) is incomplete.
See 5 U.S.C. 552(b)(3). In making this
revision, we revised § 1015.15(d) and
§ 1015.20 to reference the exemptions
contained in the FOIA at 5 U.S.C. 552(b)
instead of the exemptions contained in
§ 1015.16.
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III. Environmental Considerations
The Commission’s regulations address
whether the Commission is required to
prepare an environmental assessment or
an environmental impact statement. 16
CFR part 1021. These regulations
provide a categorical exclusion for
certain CPSC actions that normally have
‘‘little or no potential for affecting the
human environment.’’ 16 CFR
1021.5(c)(1). This final rule falls within
the categorical exclusion.
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IV. Regulatory Flexibility Act
Under section 603 of the Regulatory
Flexibility Act (RFA), when the
Administrative Procedure Act (APA) or
another law requires an agency to
publish a general notice of proposed
rulemaking, the agency must prepare an
initial regulatory flexibility analysis and
a final regulatory flexibility analysis
assessing the economic impact of the
rule on small entities or certify that the
rule will not have a significant
economic impact on a substantial
number of small entities. 5 U.S.C.
603(a), 604(a), and 605. As noted in the
NPR, the Commission chose to provide
notice and comment for this
rulemaking. However, because this is a
‘‘rule of agency organization, procedure,
or practice,’’ the APA does not require
an NPR. 5 U.S.C. 553. Thus, the RFA
requirement does not apply to this
rulemaking. We further noted in the
NPR that the rule would merely set out
in a regulation the procedural
requirements stated in the FOIA of
2016, update Commission procedures,
and make other technical changes and
corrections. We expect that the final
rule will not have a significant
economic impact on a substantial
number of small entities.
V. Paperwork Reduction Act
The Paperwork Reduction Act (PRA)
establishes certain requirements when
an agency conducts or sponsors a
‘‘collection of information.’’ 44 U.S.C.
3501–3520. The final rule amends the
Commission’s rule to conform to the
2016 FOIA, to update Commission
procedures, and make other technical
changes and corrections. The final rule
would not impose any information
collection requirements. The existing
rule and the amendment do not require
or request information from firms, but
rather, explain the Commission’s FOIA
procedures. Thus, this rulemaking does
not implicate the PRA.
VI. Executive Order 12988 (Preemption)
According to Executive Order 12988
(February 5, 1996), agencies must state
in clear language the preemptive effect,
if any, of new regulations. Section 26 of
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the Consumer Product Safety Act
(CPSA) explains the preemptive effect of
consumer product safety standards
issued under the CPSA. 15 U.S.C. 2075.
The final rule is not a consumer product
safety standard. The final rule revises a
rule of agency practice and procedure
by implementing the FOIA of 2016 and
making technical revisions or
corrections. Therefore, section 26 of the
CPSA would not apply to this rule.
VII. Effective Date
The Commission proposed that the
final rule would become effective 30
days after the final rule is published in
the Federal Register in accordance with
the APA’s general requirement that the
effective date of a rule be at least 30
days after publication of the final rule.
5 U.S.C. 553(d). We received no
comments regarding the effective date.
Therefore, the final rule will become
effective 30 days after the final rule is
published in the Federal Register.
List of Subjects in 16 CFR Part 1015
Administrative practice and
procedure, Consumer protection,
Disclosure of information, Freedom of
information.
Accordingly, the Commission amends
16 CFR part 1015 as follows:
PART 1015—PROCEDURES FOR
DISCLOSURE OR PRODUCTION OF
INFORMATION UNDER THE FREEDOM
OF INFORMATION ACT
1. The authority citation for part 1015
is revised to read as follows:
■
Authority: 15 U.S.C. 2051–2084; 15 U.S.C.
1261–1278; 15 U.S.C. 1471–1476; 15 U.S.C.
1211–1214; 15 U.S.C. 1191–1204; 15 U.S.C.
8001–8008; Pub. L. 110–278, 122 Stat. 2602;
5 U.S.C. 552.
■
2. Revise § 1015.1 to read as follows:
1015.1
Purpose and scope.
(a) The regulations of this subpart
provide information concerning the
procedures by which Consumer Product
Safety Commission records may be
made available for inspection and the
procedures for obtaining copies of
records from the Consumer Product
Safety Commission. Official records of
the Consumer Product Safety
Commission consist of all documentary
material maintained by the Commission
in any format, including an electronic
format. These records include those
maintained in connection with the
Commission’s responsibilities and
functions under the Consumer Product
Safety Act, as well as those
responsibilities and functions
transferred to the Commission under the
Federal Hazardous Substances Act, the
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Poison Prevention Packaging Act of
1970, the Refrigerator Safety Act, the
Flammable Fabrics Act, the Children’s
Gasoline Burn Prevention Act, the
Virginia Graeme Baker Pool and Spa
Safety Act, and the Child Nicotine
Poisoning Prevention Act, and those
maintained under any other authorized
activity. Official records do not,
however, include objects or articles
such as tangible exhibits, samples,
models, equipment, or other items of
valuable property; books, magazines, or
other reference material; or documents
routinely distributed by the Commission
in the normal course of business such as
copies of Federal Register notices,
pamphlets, and laws. Official records
include only existing records. Official
records of the Commission made
available under the requirements of the
Freedom of Information Act (5 U.S.C.
552) shall be furnished to the public as
prescribed by this part 1015. A request
by an individual for records about
himself or herself that are contained in
the Commission’s system of records
under the Privacy Act (5 U.S.C. 552a)
will be processed under the Privacy Act
and the FOIA. Documents routinely
distributed to the public in the normal
course of business will continue to be
furnished to the public by employees of
the Commission informally and without
compliance with the procedures
prescribed herein.
(b) The Commission’s policy with
respect to requests for records is that
disclosure is the rule and withholding is
the exception. All records or portions of
records not exempt from disclosure will
be made available. Records which may
be exempted from disclosure will be
made available unless: Disclosure is
prohibited by law; the Commission
reasonably foresees that disclosure
would harm an interest protected by an
exemption described in 5 U.S.C. 552(b);
or disclosure is exempted under 5
U.S.C. 552(b)(3). See § 1015.15(b).
Section 6(a)(2) of the Consumer Product
Safety Act, 15 U.S.C. 2055(a)(2),
prohibits the disclosure of trade secrets
or other matters referred to in 18 U.S.C.
1905; section 6(b) and section 25(c) of
the CPSA. The Commission will
consider the record’s age, content, and
character in assessing whether it
reasonably foresees that disclosure of
the document would harm an interest
protected by an exemption.
Additionally, the Commission will
consider whether partial disclosure of
information is possible whenever the
Commission determines that a full
disclosure of a requested record is not
possible and will take reasonable steps
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necessary to segregate and release
nonexempt information.
(c) The Secretariat of the Commission
is the designated Chief Freedom of
Information Officer who, subject to the
authority of the Chairman, is
responsible for compliance with and
implementation of 5 U.S.C. 552(j).
■ 3. Revise § 1015.2 to read as follows:
asabaliauskas on DSKBBXCHB2PROD with RULES
§ 1015.2
Public inspection.
(a) The Consumer Product Safety
Commission will maintain in a public
reference room or area the materials
relating to the Consumer Product Safety
Commission that are required by 5
U.S.C. 552(a)(2) and 552(a)(5) to be
made available for public inspection in
an electronic format. The principal
location will be in the Office of the
Secretariat of the Commission. The
address of this office is: Office of the
Secretariat, Consumer Product Safety
Commission, Room 820, 4330 East West
Highway, Bethesda, MD 20814.
(b) This public reference facility will
maintain and make available for public
inspection in an electronic format a
current index of the materials available
at that facility which are required to be
indexed by 5 U.S.C. 552(a)(2).
(c) The Consumer Product Safety
Commission will maintain an
‘‘electronic reading room’’ on the
World-Wide Web at https://
www.cpsc.gov for those records that are
required by 5 U.S.C. 552(a)(2) to be
available by ‘‘computer
telecommunications.’’ Records that the
FOIA requires the Commission to make
available for public inspection in an
electronic format may be accessed
through the e-FOIA Public Access Link
at https://www.cpsc.gov.
(d) Subject to the requirements of
Section 6 of the CPSA, the Commission
will make available for public
inspection in an electronic format
copies of all records, regardless of form
or format, that:
(1) Have been released to any person
under 5 U.S.C. 552(a)(3); and
(2) Because of the nature of their
subject matter, the Commission
determines have become or are likely to
become the subject of subsequent
requests for substantially the same
records or that have been requested
three or more times.
■ 4. Amend § 1015.3 by:
■ a. Revising the section heading;
■ b. Revising the first sentence of
paragraph (a);
■ c. Adding a sentence at the end of
paragraph (b); and
■ d. Removing the word ‘‘Secretary’’
from paragraphs (d) and (e), wherever it
appears, and adding, in its place, the
word ‘‘Secretariat’’.
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The revisions and additions read as
follows:
§ 1015.3
Requests for records.
(a) A request for access to records of
the Commission shall be in writing
addressed to the Secretariat and shall be
submitted through any of the following
methods: The e-FOIA Public Access
Link at https://www.cpsc.gov; email to
cpsc-foia@cpsc.gov; mail to Consumer
Product Safety Commission, 4330 East
West Highway, Room 820, Bethesda,
MD 20814; or facsimile to 301–504–
0127. * * *
(b) * * * Before submitting their
requests, requesters may contact the
Commission’s FOIA contact or FOIA
Public Liaison to discuss the records
they seek and to receive assistance in
describing the records.
*
*
*
*
*
§ 1015.4
[Amended]
5. Amend § 1015.4 by removing the
word ‘‘Secretary’’ wherever it appears,
and adding, in its place, the word
‘‘Secretariat’’.
■ 6. Amend § 1015.5 by:
■ a. Revising paragraph (a);
■ b. Removing the word ‘‘Secretary’’ in
paragraphs (b) introductory text, (b)(1),
(d), and (d)(2) wherever it appears, and
adding, in its place, the word
‘‘Secretariat’’;
■ c. Redesignating paragraphs (e)
through (g) as paragraphs (f) through (h),
respectively;
■ d. Adding new paragraph (e);
■ e. Removing the word ‘‘Secretary’’ in
redesignated paragraphs (f), (g)
introductory text, (g)(5), and (h)
wherever it appears, and adding, in its
place, the word ‘‘Secretariat’’; and
■ f. Revising redesignated paragraphs
(g)(2) and g(3).
The revisions and additions read as
follows:
■
§ 1015.5 Time limitation on responses to
requests for records and requests for
expedited processing.
(a) The Secretariat or delegate of the
Secretariat shall respond to all written
requests for records within twenty (20)
working days (excepting Saturdays,
Sundays, and legal public holidays).
The time limitations on responses to
requests for records submitted by mail
shall begin to run at the time a request
for records is received and date stamped
by the Office of the Secretariat. The
Office of the Secretariat shall date stamp
the request the same day that it receives
the request. The time limitations on
responses to requests for records
submitted electronically during working
hours (8 a.m. to 4:30 p.m. EST) shall
begin to run at the time the request was
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electronically received, and the time
limitations on responses to requests for
records submitted electronically during
non-working hours will begin to run
when working hours resume.
*
*
*
*
*
(e) If an extension of time greater than
ten (10) working days is necessary, the
Commission shall make available its
FOIA Public Liaison for this purpose. A
list of the Commission FOIA Public
Liaisons is available at https://
www.cpsc.gov/Newsroom/FOIA. The
Commission will also notify requesters
in writing to the availability of the
Office of Government Information
Services of the National Archives and
Records Administration to provide
dispute resolution services.
(g) * * *
(2) Requesters for expedited
processing must include in their
requests, which may be submitted
through any of the methods described in
§ 1015.3(a), a statement setting forth the
basis for the claim that a ‘‘compelling
need’’ exists for the requested
information, certified by the requester to
be true and correct to the best of his or
her knowledge and belief.
(3) The Secretariat or delegate of the
Secretariat will determine whether to
grant a request for expedited processing
and will notify the requester of such
determination within ten (10) calendar
days of receipt of the request.
*
*
*
*
*
■ 7. Amend § 1015.6 by:
■ a. Revising paragraphs (a), (b)
introductory text, and (b)(4);
■ b. Adding paragraph (b)(5); and
■ c. Removing the word ‘‘Secretary’’
from paragraph (c) wherever it appears,
and adding, in its place, the word
‘‘Secretariat’’.
The revisions and additions read as
follows:
§ 1015.6
Responses: Form and content.
(a) When a requested record has been
identified and is available for
disclosure, the requester shall be
supplied with a copy or notified as to
where and when the record will be
made available for public inspection in
an electronic format. If the payment of
fees is required the requester shall be
advised by the Secretariat in writing of
any applicable fees under § 1015.9
hereof. The requester will be notified of
the right to seek assistance from the
Commission’s FOIA Public Liaison.
(b) A response denying or partially
denying a written request for a record
shall be in writing, dated, and signed by
the Secretariat or delegate of the
Secretariat and shall include:
*
*
*
*
*
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(4) A statement that the denial may be
appealed to the Commissioners of the
Consumer Product Safety Commission.
Any such appeal must be made within
90 calendar days after the date of the
denial or partial denial of the
Commission’s response to a request for
records.
(5) A statement that the requester has
the right to seek dispute resolution
services from the Commission’s FOIA
Public Liaison or the Office of
Government Information Services.
*
*
*
*
*
■ 8. Amend § 1015.7 by:
■ a. Revising the section heading;
■ b. Revising paragraphs (a) and (b);
■ c. Removing the word ‘‘Secretary’’ in
paragraphs (c) and (g) wherever it
appears, and adding, in its place, the
word ‘‘Secretariat’’;
■ d. Revising paragraph (e); and
■ e. Revising the sectional authority
citation following paragraph (g).
The revisions read as follows:
asabaliauskas on DSKBBXCHB2PROD with RULES
§ 1015.7 Appeals from initial denials;
reconsideration by the Secretariat.
(a) When the Secretariat or delegate of
the Secretariat has denied a request for
records in whole or in part, the
requester may, within 90 calendar days
after the date of the denial or partial
denial, appeal the denial to the General
Counsel of the Consumer Product Safety
Commission, attention of the
Secretariat. Appeals may be submitted
through any of the following methods:
the e-FOIA Public Access Link at
https://www.cpsc.gov; email to cpscfoia@cpsc.gov; mail to 4330 East West
Highway, Room 820, Bethesda, MD
20814; or facsimile to 301–504–0127.
(b) The General Counsel, or the
Secretariat upon reconsideration, will
act upon an appeal within 20 working
days of its receipt. The time limitations
on an appeal submitted by mail shall
begin to run at the time an appeal is
received and date stamped by the Office
of the Secretariat. The Office of the
Secretariat will date stamp the appeal
the same day that it receives the appeal.
The time limitations on an appeal
submitted electronically during working
hours (8 a.m. to 4:30 p.m. EST) shall
begin to run at the time the appeal was
electronically received, and the time
limitations on appeals submitted
electronically during non-working hours
will begin to run when working hours
resume.
*
*
*
*
*
(e) The General Counsel’s action on
appeal shall be in writing, shall be
signed by the General Counsel, and
shall constitute final agency action. A
denial in whole or in part of a request
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16:34 Aug 07, 2017
Jkt 241001
on appeal shall set forth the exemption
relied upon; a brief explanation,
consistent with the purpose of the
exemption, of how the exemption
applies to the records withheld; and the
reasons for asserting it. The decision
will inform the requester of the right to
seek dispute resolution services from
the Commission’s FOIA Liaison or the
Office of Government Information
Services. A denial in whole or in part
shall also inform the requester of his/her
right to seek judicial review of the
Commission’s final determination in a
United States district court, as specified
in 5 U.S.C. 552(a)(4)(B).
*
*
*
*
*
(5 U.S.C. 552(a)(6)(A); 5 U.S.C. 553; 15 U.S.C.
2076(b)(10))
9. Amend § 1015.9 by:
a. Removing the word ‘‘Secretary’’ in
paragraphs (a), (e)(9), (f)(4), and (5), and
adding, in its place, the word
‘‘Secretariat’’;
■ b. Revising paragraphs (b), (c)(2), (3),
and (8);
■ c. Adding a sentence at the end of
paragraph (e)(1);
■ d. Redesignating paragraph (f)(6) as
paragraph (f)(7);
■ e. Adding new paragraph (f)(6); and
■ f. Removing the word ‘‘Secretary’’ in
newly redesignated paragraph (f)(7) and
adding, in its place, the word
‘‘Secretariat’’.
The revisions and additions read as
follows:
■
■
§ 1015.9
Fees for production of records.
*
*
*
*
*
(b) Fees shall be paid to the Treasury
of the United States according to the
directions provided by the Commission.
(c) * * *
(2) Search includes all time spent
looking for material that is responsive to
a request, including page-by-page or
line-by-line identification of material
within documents and the reasonable
efforts expended to locate and retrieve
information from electronic records.
(3) Duplication refers to the process of
making a copy of a document, including
electronically, necessary to respond to a
FOIA request. The Commission will
honor the requester’s preference for
receiving a record in a particular format
when it can readily reproduce it in the
form or format requested.
*
*
*
*
*
(8) Representative of the news media
refers to any person or entity that
gathers information of potential interest
to a segment of the public, uses its
editorial skills to turn the raw materials
into a distinct work, and distributes that
work to an audience. The term ‘‘news’’
means information that is about current
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Fmt 4700
Sfmt 4700
37009
events or that would be of current
interest to the public. Examples of news
media entities include television or
radio stations that broadcast ‘‘news’’ to
the public at large and publishers of
periodicals that disseminate ‘‘news’’
and make their products available
through a variety of means to the
general public, including news
organizations that disseminate solely on
the Internet. A request for records
supporting the news-dissemination
function of the requester will not be
considered to be for a commercial use.
‘‘Freelance’’ journalists who
demonstrate a solid basis for expecting
publication through a news media entity
will be considered as a representative of
the news media. A publishing contract
would provide the clearest evidence
that publication is expected; however,
the Commission can also consider a
requester’s past publication record in
making this determination. These
examples are not all-inclusive.
*
*
*
*
*
(e) * * *
(1) * * * Where paper documents
must be scanned in order to comply
with a requester’s preference to receive
records in an electronic format, the
requester must also pay the direct costs
associated with scanning those
materials.
*
*
*
*
*
(f) * * *
(6) Search fees shall be waived for all
requests and duplication fees shall be
waived for requests from educational
institutions, non-commercial scientific
institutions, and representatives of the
news media if the Commission fails to
comply with any time limit under
§§ 1015.5(a), (g)(3), 1015.7(b), and 5
U.S.C. 552(a)(6) other than those
exceptions stated in 5 U.S.C.
552(a)(4)(A)(viii)(ll). Those exceptions
include:
(i) If the Commission has determined
that unusual circumstances as defined
in § 1015.5(b) apply and the
Commission provided timely written
notice to the requester as required by
§ 1015.5(c) or § 1015.7(f), then failure to
comply with the time limit in
§§ 1015.5(a), (g)(3), 1015.7(b), and 5
U.S.C. 552(a)(6) is excused for 10
additional working days; or
(ii) If the Commission has determined
that unusual circumstances as defined
in § 1015.5(b) apply and more than
5,000 pages are necessary to respond to
the request, and the Commission has
provided timely written notice in
accordance with § 1015.5(c) and (e) and
the Commission has discussed with the
requester via written mail, email, or
telephone (or made not less than three
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good-faith efforts to do so) how the
requester could effectively limit the
scope of the request; or
(iii) If a court has determined that
exceptional circumstances exist as
defined in 5 U.S.C. 552(a)(6)(C), then
failure to comply with §§ 1015.5(a),
(g)(3), 1015.7(b), and 5 U.S.C. 552(a)(6)
shall be excused for the length of time
provided by the court order.
*
*
*
*
*
§ 1015.10
[Removed and Reserved]
10. Remove and reserve § 1015.10.
11. Revise § 1015.11 to read as
follows:
■
■
§ 1015.11 Disclosure of trade secrets to
consultants and contractors; nondisclosure
to advisory committees and other
government agencies.
(a) In accordance with section 6(a)(2)
of the CPSA, the Commission may
disclose information which it has
determined to be a trade secret or other
matter referred to under 5 U.S.C.
552(b)(4) to Commission consultants
and contractors for use only in their
work for the Commission. Such persons
are subject to the same restrictions with
respect to disclosure of such
information as any Commission
employee.
(b) In accordance with section 6(a)(2)
of the CPSA, the Commission is
prohibited from disclosing information
which it has determined to be a trade
secret or other matter referred to under
5 U.S.C. 552(b)(4) to advisory
committees, except when required in
the official conduct of their business, or
to other Federal agencies and state and
local governments except when
permitted by the provisions of section
29(f) of the CPSA.
■ 12. Revise § 1015.15 to read as
follows:
asabaliauskas on DSKBBXCHB2PROD with RULES
§ 1015.15
Purpose and scope.
(a) The regulations of this subpart
provide information concerning the
types of records which may be withheld
from production and disclosure by the
Consumer Product Safety Commission.
These regulations also provide
information on the method whereby
persons submitting information to the
Commission may request that the
information be considered exempt from
disclosure, and information concerning
the Commission’s treatment of
documents submitted with a request
that they be treated as exempt from
disclosure.
(b) No identifiable record requested in
accordance with the procedures
contained in this part shall be withheld
from disclosure unless it falls within
one of the classes of records exempt
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16:34 Aug 07, 2017
Jkt 241001
under 5 U.S.C. 552(b). The Commission
will make available, to the extent
permitted by law, records authorized to
be withheld under 5 U.S.C. 552(b)
unless the Commission reasonably
foresees that disclosure would harm an
interest protected by the exemption or
disclosure is prohibited by law or
otherwise exempted from disclosure
under 5 U.S.C. 552(b)(3). In this regard
the Commission will not ordinarily
release documents that provide legal
advice to the Commission concerning
pending or prospective litigation where
the release of such documents would
significantly interfere with the
Commission’s regulatory or enforcement
proceedings.
(c) Draft documents that are agency
records are subject to release upon
request in accordance with this
regulation. However, in order to avoid
any misunderstanding of the
preliminary nature of a draft document,
each draft document released will be
marked to indicate its tentative nature.
Similarly, staff briefing packages, which
have been completed but not yet
transmitted to the Commission by the
Office of the Secretariat are subject to
release upon request in accordance with
this regulation. Each briefing package or
portion thereof released will be marked
to indicate that it has not been
transmitted to or acted upon by the
Commission. In addition, briefing
packages, or portions thereof, which the
Secretariat upon the advice of the Office
of the General Counsel has determined
would be released upon request in
accordance with this regulation, will be
made available for public inspection in
an electronic format through the
Commission’s Web site at https://
www.cpsc.gov promptly after the
briefing package has been transmitted to
the Commissioners by the Office of the
Secretariat. Such packages will be
marked to indicate that they have not
been acted upon by the Commission.
(d) The exemptions contained in 5
U.S.C. 552(b) will be interpreted in
accordance with the applicable law at
the time a request for production or
disclosure is considered.
§ 1015.16
■
13. Remove and reserve § 1015.16.
§ 1015.17
■
[Removed and Reserved]
[Removed and Reserved]
14. Remove and reserve § 1015.17.
15. Amend § 1015.20 by removing the
first and second sentences of paragraph
(a) and adding one sentence in their
place to read as follows:
■
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Fmt 4700
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§ 1015.20 Public availability of accident or
investigation reports.
(a) Accident or investigation reports
made by an officer, employee, or agent
of the Commission are available to the
public under the procedures set forth in
subpart A of this part 1015 unless such
reports are subject to the investigatory
file exemption contained in the
Freedom of Information Act (5 U.S.C.
552(b)) except that portions identifying
any injured person or any person
treating such injured person will be
deleted in accordance with section
25(c)(1) of the CPSA. * * *
*
*
*
*
*
Dated: August 2, 2017.
Todd A. Stevenson,
Secretariat, Consumer Product Safety
Commission.
[FR Doc. 2017–16550 Filed 8–7–17; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2017–0640]
Special Local Regulation for Marine
Events; Back River, Hampton, VA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
special local regulations for the
Poquoson Seafood Festival Workboat
Race held on the Back River on October
15, 2017, with a rain date of October 29,
2017. This action is necessary to
provide for the safety of life on
navigable waterways during the power
boat race. Our regulation for recurring
marine events in Captain of the Port—
Sector Hampton Roads zone identifies
the regulated area for this regatta.
During the enforcement period, no
vessel may transit this regulated area
without approval from the Captain of
the Port or a designated representative.
DATES: The regulations in 33 CFR
100.501 will be enforced for the location
listed at (c)(8) in the Table to § 100.501,
Coast Guard Sector Hampton Roads—
COTP Zone, from 1 p.m. through 4 p.m.
on October 15, 2017, with a rain date of
October 29, 2017.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email LCDR
Barbara Wilk, Waterways Management
Sector Hampton Roads, U.S. Coast
SUMMARY:
E:\FR\FM\08AUR1.SGM
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Agencies
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Rules and Regulations]
[Pages 37004-37010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16550]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1015
[Docket No. CPSC-2016-0030]
Procedures for Disclosure or Production of Information Under the
Freedom of Information Act
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (Commission, CPSC, or
we) is issuing a final rule to update its Freedom of Information Act
(FOIA) rule. The final rule revises the rule to conform to the
amendments of the FOIA Improvement Act of 2016 (the 2016 FOIA) to the
FOIA. The final rule is also updated to reflect changes in Commission
procedures; updates Commission contact information, including current
methods of submitting requests for records to the Commission; revises
employee titles; and makes various technical changes and corrections.
DATES: The rule is effective on September 7, 2017.
FOR FURTHER INFORMATION CONTACT: Renee McCune, Office of the General
Counsel, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814, (301) 504-7673; or Todd A. Stevenson, Chief Freedom
of Information Officer, Consumer Product Safety Commission, 4330 East
West
[[Page 37005]]
Highway, Bethesda, MD 20814, (301) 504-6836.
SUPPLEMENTARY INFORMATION: The Commission amends the agency's
procedures for disclosure or production of information under the
Freedom of Information Act. 16 CFR part 1015.
Table of Contents
I. Background Information
II. Response to Comments
III. Environmental Considerations
IV. Regulatory Flexibility Act
V. Paperwork Reduction Act
VI. Executive Order 12988 (Preemption)
VII. Effective Date
I. Background Information
On June 30, 2016, the President signed into law the 2016 FOIA,
Public Law 114-185 (2016). The 2016 FOIA amends the Freedom of
Information Act, 5 U.S.C. 552, requiring an agency to review its FOIA
regulations and issue regulations on procedures for the disclosure of
records under the new amendments. Specifically, the 2016 FOIA requires:
Certain records be available for public inspection in an electronic
format; agencies to make available for public inspection in an
electronic format records that have been requested three or more times;
that an agency not withhold information under FOIA unless the agency
reasonably foresees that disclosure would harm an interest protected by
a FOIA Exemption or disclosure is prohibited by law; extending the
number of days for an administrative appeal of an adverse determination
from 30 to 90 days; the assessment of fees be limited in certain
circumstances; and requesters be notified of available dispute
resolution services from the FOIA Public Liaison of the agency or the
Office of Government Information Services.
The Commission amends its regulations to implement the 2016 FOIA,
16 CFR part 1015, by incorporating these new statutory requirements.
The amendments revise the Commission's FOIA regulations to comply with
the FOIA, as amended by the 2016 FOIA, and update Commission
procedures, contact information, and methods of submitting requests for
records to the Commission, in addition to other conforming and
technical revisions. Updating Commission procedures and Commission
contact information provides clarity for requesters seeking records
from the Commission.
II. Response to Comments
On January 3, 2017, the Commission published a Notice of Proposed
Rulemaking (NPR) in the Federal Register. 82 FR 59. CPSC received two
comments in response to the NPR. The comments addressed seven separate
issues. Comments submitted in response to the NPR are available at:
www.regulations.gov, by searching under the docket number of the
rulemaking, CPSC-2016-0030.
A. Purpose and Scope (Sec. 1015.1)
Based on informal input from the Office of Information Policy
(``OIP'') within the U.S. Department of Justice, we clarified the
Privacy Act discussion in Sec. 1015.1(a) to reflect current practices
and provided further guidance to first and third party requesters. With
respect to an individual's request for records about himself or
herself, we clarified that we would process such a request under the
Privacy Act and then under the FOIA. Thus, if a request is denied under
the Privacy Act, the records will be processed under the FOIA. This
change is consistent with the FOIA and allows a requester access to the
greatest number of records.
Additionally, with respect to a request by a third party for
records under the Privacy Act, we removed the sentence on third party
requests (not including a request on behalf of a first party for
Privacy Act records) because such requests are only processed under the
FOIA. Therefore the reference to third party requests being processed
under the Privacy Act is not required.
One commenter asserted that the Commission's policy regarding
requests for records in Sec. 1015.1(b) should not characterize
disclosure as a ``rule'' and withholding as an ``exception.'' The
commenter stated that ``disclosure'' and ``withholding'' are
``prescribed equally by rules'' and suggested that the Commission's
policy should indicate that the Commission will apply a presumption of
disclosure when processing responsive records.
We believe that a presumption of disclosure is already reflected in
the Commission's policy statement in Sec. 1015.1(b), which states that
the Commission's policy regarding requests for records is that
disclosure is the rule and withholding is the exception. The
Commission's policy is further clarified by the next two sentences in
the rule, which incorporate a presumption of disclosure in explaining
the limited circumstances under which records that are exempted from
disclosure will not be made available. Accordingly, we decline to
revise the sentence.
B. Time Limitation on Responses to Requests for Records and Requests
for Expedited Processing (Sec. 1015.5)
One commenter observed that the time limitations as written in
Sec. Sec. 1015.5(a) and 1015.7(b) of the NPR could result in
unintended consequences. The commenter suggested that, under this
formulation, a request or an appeal submitted at, for example, 7:59
a.m., would begin running the next work day, instead of one minute
later, at 8 a.m. Additionally, the commenter noted that the phrase ``to
requests for records'' should be added after the word ``responses'' at
the end of the sentence and a comma should be added after the word
``received.''
We agree with the commenter. If an electronic submission occurs
during non-working hours, we intend for time limitations to begin to
run when working hours resume. Accordingly, we have revised the
sentence, which also takes into account the grammatical concerns the
commenter raised. For example, if a request is submitted electronically
at 7:59 a.m. EST on a working day, the time limitations will begin to
run at 8 a.m. EST on that day when working hours resume. In response to
the comment addressing Sec. 1015.7(b) we made the same conforming
changes to Sec. 1015.7(b).
One commenter stated that, to be consistent with other provisions
in the rule that expressly state whether time periods are measured in
calendar days or working days, the Commission should clarify Sec.
1015.5(g)(3) to reflect that the Secretariat or delegate of the
Secretariat will determine whether to grant a request for expedited
processing within 10 calendar days of receipt of the request.
The rule does not indicate whether the 10 days are calendar days or
working days. For clarity and consistency with other provisions in the
rule that specify ``calendar days'' or ``working days'' we have amended
the sentence to refer to ``ten (10) calendar days.'' This amendment is
consistent with the Commission's current practice of treating the 10
day time period as calendar days. It is also consistent with the FOIA,
which does not specify ``working days.'' 5 U.S.C. 552(a)(6)(E)(ii)(I).
C. Responses: Form and Content (Sec. 1015.6)
One commenter remarked that neither party may be able to
definitively prove the date of receipt of the Commission's denial of a
request for records under Sec. 1015.6(b)(4) if the Commission sends
the denial by regular mail. The rule
[[Page 37006]]
states that the requester has 90 calendar days from the receipt of the
denial or partial denial to make an appeal. To avoid this problem, the
commenter suggested that the Commission calculate the 90-day deadline
from the date the Commission issues its denial.
In response to the comment, we have revised Sec. Sec. 1015.6(b)(4)
and 1015.7(a) to state that an appeal must be made within 90 calendar
days of the Commission's response. The Commission's practice is to send
certified letters of denial, which allow the Commission to determine
the date that the requester received the letter. This revision
simplifies the process, eliminates any ambiguity, and allows the
Commission flexibility to implement future changes electronically where
feasible. This change also tracks the FOIA, which provides that, in the
case of an adverse determination, there is a right to appeal ``within a
period determined by the head of the agency that is not less than 90
days after the date of such adverse determination.'' 5 U.S.C.
552(a)(6)(A)(i)(III)(aa). The revisions also revise Sec. Sec.
1015.6(b), (b)(4), and 1015.7(a) to state that denials include partial
denials, for consistency with the current language in Sec. 1015.7(a),
which refers to denials of requests for records ``in whole or in
part.'' The Commission's practice is to include a date on denial
letters, but we have amended Sec. 1015.6(b) to explicitly require that
a denial letter be dated.
D. Appeals From Initial Denials; Reconsideration by the Secretariat
(Sec. 1015.7)
As noted above, one commenter identified that proposed Sec.
1015.7(b), which sets forth time limits for responding to appeals,
would add an extra day for responding to an appeal received just before
the start of a working day.
As stated in our above response, we agree that the sentence should
be revised. Accordingly, for the same reasons we noted above, we have
similarly revised the sentence, except that we refer to ``appeals''
instead of ``requests'' (an error in the NPR). For that same reason, we
also revised the preceding sentence to correct ``request'' to state
``appeal.'' Finally, we updated a parenthetical citation at the end of
Sec. 1015.7.
E. Fees for Production of Records (Sec. 1015.9)
One commenter asserted that the definition of a ``representative of
the news media'' at Sec. 1015.9(c)(8) should be amended because it is
outdated and conflicts with the FOIA, as amended, and to conform to
judicial authorities, citing Cause of Action v. Federal Trade
Commission, 799 F.3d 1108 (D.C. Cir. 2015). Additionally, the commenter
suggested that we consider other elements of the Cause of Action
decision with respect to the news media requester fee category.
Specifically, the commenter stated that the news media requester fee
category should focus on the nature of the requester, not its request.
With respect to the requirement that a news media requester use
``editorial skills'' to turn ``raw materials'' into a ``distinct
work,'' the commenter asserted that even a simple press release
commenting on records satisfies this criterion. Finally, the commenter
stated that the Cause of Action court indicated that the statutory
definition of a ``representative of the news media'' includes
``alternative media'' and evolving news media formats, and therefore,
we should state that any examples of news media entities we may include
in the rule are non-exhaustive.
We agree with the commenter that the definition of ``representative
of the news media,'' which is used to determine fee waivers in Sec.
1015.9, is outdated and should be amended to track the definition in
the FOIA at 5 U.S.C. 552(a)(4)(A)(ii). Therefore, we have revised the
first sentence of the definition to follow the FOIA definition.
Additionally, to provide further clarification and guidance for this
definition, we have incorporated some additional language from the FOIA
definition and the template guidelines for agency FOIA regulations
provided by the OIP.
This additional language encompasses the OIP guidance and addresses
the commenter's suggestions. First, the additional language added to
the definition of news media focuses on the nature of the requester as
opposed to the content of the request. Second, the commenter's
observation that a press release should meet the distinct work standard
would be permissible under the revised definition as long as it meets
the requirement that it is about current events or of current interest
to the public. Finally, we explain that the revised definition uses
examples of news media entities that are not all-inclusive.
One commenter suggested clarifying that the ``10 additional days''
in Sec. 1015.9(f)(6)(i) are working days. We agree with the commenter
and for clarity have amended Sec. 1015.9(f)(6)(i) accordingly. This
section is an exception to the requirement that the Commission waive
certain fees if it fails to meet certain time limits. Although the ``10
additional days'' language we proposed in the NPR tracks the language
used in the 2016 FOIA at 5 U.S.C. 552(a)(4)(A)(viii)(ll), the 10 days
are in addition to the 20 working days that the Commission has to
respond to the request for records per 5 U.S.C. 552(a)(6)(A)(i) and
therefore also are calculated as working days. This revision is
consistent with 5 U.S.C. 552(a)(6)(B)(i), which refers to the extension
for unusual circumstances as no more than 10 working days, and the
revision is also consistent with the Commission's current practices.
Additionally, on our own initiative, we made some clarifications
and corrections to Sec. 1015.9(f)(6). Specifically, we added or
corrected citations to other sections in the rule and made other
conforming changes to the 2016 FOIA. First, we added or corrected some
references to sections in the rule that had previously been omitted or
needed to be revised. Second, we revised the first sentence to remove
``and notice'' to track the language of the 2016 FOIA at 5 U.S.C.
552(a)(4)(A)(viii), which only refers to ``any time limits.'' The
notice portion is instead a requirement of the exceptions at Sec.
1015.9(f)(6)(i) and (ii), as stated in the 2016 FOIA at 5 U.S.C.
552(a)(4)(A)(viii)(ll)(aa) and (bb). Finally, we corrected two citation
errors in Sec. 1015.9(f)(6)(iii).
F. Commission Report of Actions to Congress (Sec. 1015.10)
Based on informal OIP input on this section we removed Sec.
1015.10 because it unnecessarily repeats the requirements stated in the
FOIA at 5 U.S.C. 552(e)(1), and, at the same time, is incomplete and
lacks various other requirements listed in the FOIA. See 5 U.S.C.
552(e)(1)(B)(2), (C), and (F)-(M). Amending this section to restate all
of the requirements from the FOIA would make the rule unnecessarily
dense and provides no additional guidance about the requirement.
G. Exemptions (5 U.S.C. 552(b)) (Sec. 1015.16)
Also based on informal OIP input on this section, we removed Sec.
1015.16 for similar reasons. Because the requirements are already
specified in the FOIA at 5 U.S.C. 552(b), it is unnecessary to repeat
them in the rule. Moreover, Sec. 1015.16(c) is incomplete. See 5
U.S.C. 552(b)(3). In making this revision, we revised Sec. 1015.15(d)
and Sec. 1015.20 to reference the exemptions contained in the FOIA at
5 U.S.C. 552(b) instead of the exemptions contained in Sec. 1015.16.
[[Page 37007]]
III. Environmental Considerations
The Commission's regulations address whether the Commission is
required to prepare an environmental assessment or an environmental
impact statement. 16 CFR part 1021. These regulations provide a
categorical exclusion for certain CPSC actions that normally have
``little or no potential for affecting the human environment.'' 16 CFR
1021.5(c)(1). This final rule falls within the categorical exclusion.
IV. Regulatory Flexibility Act
Under section 603 of the Regulatory Flexibility Act (RFA), when the
Administrative Procedure Act (APA) or another law requires an agency to
publish a general notice of proposed rulemaking, the agency must
prepare an initial regulatory flexibility analysis and a final
regulatory flexibility analysis assessing the economic impact of the
rule on small entities or certify that the rule will not have a
significant economic impact on a substantial number of small entities.
5 U.S.C. 603(a), 604(a), and 605. As noted in the NPR, the Commission
chose to provide notice and comment for this rulemaking. However,
because this is a ``rule of agency organization, procedure, or
practice,'' the APA does not require an NPR. 5 U.S.C. 553. Thus, the
RFA requirement does not apply to this rulemaking. We further noted in
the NPR that the rule would merely set out in a regulation the
procedural requirements stated in the FOIA of 2016, update Commission
procedures, and make other technical changes and corrections. We expect
that the final rule will not have a significant economic impact on a
substantial number of small entities.
V. Paperwork Reduction Act
The Paperwork Reduction Act (PRA) establishes certain requirements
when an agency conducts or sponsors a ``collection of information.'' 44
U.S.C. 3501-3520. The final rule amends the Commission's rule to
conform to the 2016 FOIA, to update Commission procedures, and make
other technical changes and corrections. The final rule would not
impose any information collection requirements. The existing rule and
the amendment do not require or request information from firms, but
rather, explain the Commission's FOIA procedures. Thus, this rulemaking
does not implicate the PRA.
VI. Executive Order 12988 (Preemption)
According to Executive Order 12988 (February 5, 1996), agencies
must state in clear language the preemptive effect, if any, of new
regulations. Section 26 of the Consumer Product Safety Act (CPSA)
explains the preemptive effect of consumer product safety standards
issued under the CPSA. 15 U.S.C. 2075. The final rule is not a consumer
product safety standard. The final rule revises a rule of agency
practice and procedure by implementing the FOIA of 2016 and making
technical revisions or corrections. Therefore, section 26 of the CPSA
would not apply to this rule.
VII. Effective Date
The Commission proposed that the final rule would become effective
30 days after the final rule is published in the Federal Register in
accordance with the APA's general requirement that the effective date
of a rule be at least 30 days after publication of the final rule. 5
U.S.C. 553(d). We received no comments regarding the effective date.
Therefore, the final rule will become effective 30 days after the final
rule is published in the Federal Register.
List of Subjects in 16 CFR Part 1015
Administrative practice and procedure, Consumer protection,
Disclosure of information, Freedom of information.
Accordingly, the Commission amends 16 CFR part 1015 as follows:
PART 1015--PROCEDURES FOR DISCLOSURE OR PRODUCTION OF INFORMATION
UNDER THE FREEDOM OF INFORMATION ACT
0
1. The authority citation for part 1015 is revised to read as follows:
Authority: 15 U.S.C. 2051-2084; 15 U.S.C. 1261-1278; 15 U.S.C.
1471-1476; 15 U.S.C. 1211-1214; 15 U.S.C. 1191-1204; 15 U.S.C. 8001-
8008; Pub. L. 110-278, 122 Stat. 2602; 5 U.S.C. 552.
0
2. Revise Sec. 1015.1 to read as follows:
1015.1 Purpose and scope.
(a) The regulations of this subpart provide information concerning
the procedures by which Consumer Product Safety Commission records may
be made available for inspection and the procedures for obtaining
copies of records from the Consumer Product Safety Commission. Official
records of the Consumer Product Safety Commission consist of all
documentary material maintained by the Commission in any format,
including an electronic format. These records include those maintained
in connection with the Commission's responsibilities and functions
under the Consumer Product Safety Act, as well as those
responsibilities and functions transferred to the Commission under the
Federal Hazardous Substances Act, the Poison Prevention Packaging Act
of 1970, the Refrigerator Safety Act, the Flammable Fabrics Act, the
Children's Gasoline Burn Prevention Act, the Virginia Graeme Baker Pool
and Spa Safety Act, and the Child Nicotine Poisoning Prevention Act,
and those maintained under any other authorized activity. Official
records do not, however, include objects or articles such as tangible
exhibits, samples, models, equipment, or other items of valuable
property; books, magazines, or other reference material; or documents
routinely distributed by the Commission in the normal course of
business such as copies of Federal Register notices, pamphlets, and
laws. Official records include only existing records. Official records
of the Commission made available under the requirements of the Freedom
of Information Act (5 U.S.C. 552) shall be furnished to the public as
prescribed by this part 1015. A request by an individual for records
about himself or herself that are contained in the Commission's system
of records under the Privacy Act (5 U.S.C. 552a) will be processed
under the Privacy Act and the FOIA. Documents routinely distributed to
the public in the normal course of business will continue to be
furnished to the public by employees of the Commission informally and
without compliance with the procedures prescribed herein.
(b) The Commission's policy with respect to requests for records is
that disclosure is the rule and withholding is the exception. All
records or portions of records not exempt from disclosure will be made
available. Records which may be exempted from disclosure will be made
available unless: Disclosure is prohibited by law; the Commission
reasonably foresees that disclosure would harm an interest protected by
an exemption described in 5 U.S.C. 552(b); or disclosure is exempted
under 5 U.S.C. 552(b)(3). See Sec. 1015.15(b). Section 6(a)(2) of the
Consumer Product Safety Act, 15 U.S.C. 2055(a)(2), prohibits the
disclosure of trade secrets or other matters referred to in 18 U.S.C.
1905; section 6(b) and section 25(c) of the CPSA. The Commission will
consider the record's age, content, and character in assessing whether
it reasonably foresees that disclosure of the document would harm an
interest protected by an exemption. Additionally, the Commission will
consider whether partial disclosure of information is possible whenever
the Commission determines that a full disclosure of a requested record
is not possible and will take reasonable steps
[[Page 37008]]
necessary to segregate and release nonexempt information.
(c) The Secretariat of the Commission is the designated Chief
Freedom of Information Officer who, subject to the authority of the
Chairman, is responsible for compliance with and implementation of 5
U.S.C. 552(j).
0
3. Revise Sec. 1015.2 to read as follows:
Sec. 1015.2 Public inspection.
(a) The Consumer Product Safety Commission will maintain in a
public reference room or area the materials relating to the Consumer
Product Safety Commission that are required by 5 U.S.C. 552(a)(2) and
552(a)(5) to be made available for public inspection in an electronic
format. The principal location will be in the Office of the Secretariat
of the Commission. The address of this office is: Office of the
Secretariat, Consumer Product Safety Commission, Room 820, 4330 East
West Highway, Bethesda, MD 20814.
(b) This public reference facility will maintain and make available
for public inspection in an electronic format a current index of the
materials available at that facility which are required to be indexed
by 5 U.S.C. 552(a)(2).
(c) The Consumer Product Safety Commission will maintain an
``electronic reading room'' on the World-Wide Web at https://www.cpsc.gov for those records that are required by 5 U.S.C. 552(a)(2)
to be available by ``computer telecommunications.'' Records that the
FOIA requires the Commission to make available for public inspection in
an electronic format may be accessed through the e-FOIA Public Access
Link at https://www.cpsc.gov.
(d) Subject to the requirements of Section 6 of the CPSA, the
Commission will make available for public inspection in an electronic
format copies of all records, regardless of form or format, that:
(1) Have been released to any person under 5 U.S.C. 552(a)(3); and
(2) Because of the nature of their subject matter, the Commission
determines have become or are likely to become the subject of
subsequent requests for substantially the same records or that have
been requested three or more times.
0
4. Amend Sec. 1015.3 by:
0
a. Revising the section heading;
0
b. Revising the first sentence of paragraph (a);
0
c. Adding a sentence at the end of paragraph (b); and
0
d. Removing the word ``Secretary'' from paragraphs (d) and (e),
wherever it appears, and adding, in its place, the word
``Secretariat''.
The revisions and additions read as follows:
Sec. 1015.3 Requests for records.
(a) A request for access to records of the Commission shall be in
writing addressed to the Secretariat and shall be submitted through any
of the following methods: The e-FOIA Public Access Link at https://www.cpsc.gov; email to cpsc-foia@cpsc.gov; mail to Consumer Product
Safety Commission, 4330 East West Highway, Room 820, Bethesda, MD
20814; or facsimile to 301-504-0127. * * *
(b) * * * Before submitting their requests, requesters may contact
the Commission's FOIA contact or FOIA Public Liaison to discuss the
records they seek and to receive assistance in describing the records.
* * * * *
Sec. 1015.4 [Amended]
0
5. Amend Sec. 1015.4 by removing the word ``Secretary'' wherever it
appears, and adding, in its place, the word ``Secretariat''.
0
6. Amend Sec. 1015.5 by:
0
a. Revising paragraph (a);
0
b. Removing the word ``Secretary'' in paragraphs (b) introductory
text, (b)(1), (d), and (d)(2) wherever it appears, and adding, in its
place, the word ``Secretariat'';
0
c. Redesignating paragraphs (e) through (g) as paragraphs (f) through
(h), respectively;
0
d. Adding new paragraph (e);
0
e. Removing the word ``Secretary'' in redesignated paragraphs (f), (g)
introductory text, (g)(5), and (h) wherever it appears, and adding, in
its place, the word ``Secretariat''; and
0
f. Revising redesignated paragraphs (g)(2) and g(3).
The revisions and additions read as follows:
Sec. 1015.5 Time limitation on responses to requests for records and
requests for expedited processing.
(a) The Secretariat or delegate of the Secretariat shall respond to
all written requests for records within twenty (20) working days
(excepting Saturdays, Sundays, and legal public holidays). The time
limitations on responses to requests for records submitted by mail
shall begin to run at the time a request for records is received and
date stamped by the Office of the Secretariat. The Office of the
Secretariat shall date stamp the request the same day that it receives
the request. The time limitations on responses to requests for records
submitted electronically during working hours (8 a.m. to 4:30 p.m. EST)
shall begin to run at the time the request was electronically received,
and the time limitations on responses to requests for records submitted
electronically during non-working hours will begin to run when working
hours resume.
* * * * *
(e) If an extension of time greater than ten (10) working days is
necessary, the Commission shall make available its FOIA Public Liaison
for this purpose. A list of the Commission FOIA Public Liaisons is
available at https://www.cpsc.gov/Newsroom/FOIA. The Commission will
also notify requesters in writing to the availability of the Office of
Government Information Services of the National Archives and Records
Administration to provide dispute resolution services.
(g) * * *
(2) Requesters for expedited processing must include in their
requests, which may be submitted through any of the methods described
in Sec. 1015.3(a), a statement setting forth the basis for the claim
that a ``compelling need'' exists for the requested information,
certified by the requester to be true and correct to the best of his or
her knowledge and belief.
(3) The Secretariat or delegate of the Secretariat will determine
whether to grant a request for expedited processing and will notify the
requester of such determination within ten (10) calendar days of
receipt of the request.
* * * * *
0
7. Amend Sec. 1015.6 by:
0
a. Revising paragraphs (a), (b) introductory text, and (b)(4);
0
b. Adding paragraph (b)(5); and
0
c. Removing the word ``Secretary'' from paragraph (c) wherever it
appears, and adding, in its place, the word ``Secretariat''.
The revisions and additions read as follows:
Sec. 1015.6 Responses: Form and content.
(a) When a requested record has been identified and is available
for disclosure, the requester shall be supplied with a copy or notified
as to where and when the record will be made available for public
inspection in an electronic format. If the payment of fees is required
the requester shall be advised by the Secretariat in writing of any
applicable fees under Sec. 1015.9 hereof. The requester will be
notified of the right to seek assistance from the Commission's FOIA
Public Liaison.
(b) A response denying or partially denying a written request for a
record shall be in writing, dated, and signed by the Secretariat or
delegate of the Secretariat and shall include:
* * * * *
[[Page 37009]]
(4) A statement that the denial may be appealed to the
Commissioners of the Consumer Product Safety Commission. Any such
appeal must be made within 90 calendar days after the date of the
denial or partial denial of the Commission's response to a request for
records.
(5) A statement that the requester has the right to seek dispute
resolution services from the Commission's FOIA Public Liaison or the
Office of Government Information Services.
* * * * *
0
8. Amend Sec. 1015.7 by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a) and (b);
0
c. Removing the word ``Secretary'' in paragraphs (c) and (g) wherever
it appears, and adding, in its place, the word ``Secretariat'';
0
d. Revising paragraph (e); and
0
e. Revising the sectional authority citation following paragraph (g).
The revisions read as follows:
Sec. 1015.7 Appeals from initial denials; reconsideration by the
Secretariat.
(a) When the Secretariat or delegate of the Secretariat has denied
a request for records in whole or in part, the requester may, within 90
calendar days after the date of the denial or partial denial, appeal
the denial to the General Counsel of the Consumer Product Safety
Commission, attention of the Secretariat. Appeals may be submitted
through any of the following methods: the e-FOIA Public Access Link at
https://www.cpsc.gov; email to cpsc-foia@cpsc.gov; mail to 4330 East
West Highway, Room 820, Bethesda, MD 20814; or facsimile to 301-504-
0127.
(b) The General Counsel, or the Secretariat upon reconsideration,
will act upon an appeal within 20 working days of its receipt. The time
limitations on an appeal submitted by mail shall begin to run at the
time an appeal is received and date stamped by the Office of the
Secretariat. The Office of the Secretariat will date stamp the appeal
the same day that it receives the appeal. The time limitations on an
appeal submitted electronically during working hours (8 a.m. to 4:30
p.m. EST) shall begin to run at the time the appeal was electronically
received, and the time limitations on appeals submitted electronically
during non-working hours will begin to run when working hours resume.
* * * * *
(e) The General Counsel's action on appeal shall be in writing,
shall be signed by the General Counsel, and shall constitute final
agency action. A denial in whole or in part of a request on appeal
shall set forth the exemption relied upon; a brief explanation,
consistent with the purpose of the exemption, of how the exemption
applies to the records withheld; and the reasons for asserting it. The
decision will inform the requester of the right to seek dispute
resolution services from the Commission's FOIA Liaison or the Office of
Government Information Services. A denial in whole or in part shall
also inform the requester of his/her right to seek judicial review of
the Commission's final determination in a United States district court,
as specified in 5 U.S.C. 552(a)(4)(B).
* * * * *
(5 U.S.C. 552(a)(6)(A); 5 U.S.C. 553; 15 U.S.C. 2076(b)(10))
0
9. Amend Sec. 1015.9 by:
0
a. Removing the word ``Secretary'' in paragraphs (a), (e)(9), (f)(4),
and (5), and adding, in its place, the word ``Secretariat'';
0
b. Revising paragraphs (b), (c)(2), (3), and (8);
0
c. Adding a sentence at the end of paragraph (e)(1);
0
d. Redesignating paragraph (f)(6) as paragraph (f)(7);
0
e. Adding new paragraph (f)(6); and
0
f. Removing the word ``Secretary'' in newly redesignated paragraph
(f)(7) and adding, in its place, the word ``Secretariat''.
The revisions and additions read as follows:
Sec. 1015.9 Fees for production of records.
* * * * *
(b) Fees shall be paid to the Treasury of the United States
according to the directions provided by the Commission.
(c) * * *
(2) Search includes all time spent looking for material that is
responsive to a request, including page-by-page or line-by-line
identification of material within documents and the reasonable efforts
expended to locate and retrieve information from electronic records.
(3) Duplication refers to the process of making a copy of a
document, including electronically, necessary to respond to a FOIA
request. The Commission will honor the requester's preference for
receiving a record in a particular format when it can readily reproduce
it in the form or format requested.
* * * * *
(8) Representative of the news media refers to any person or entity
that gathers information of potential interest to a segment of the
public, uses its editorial skills to turn the raw materials into a
distinct work, and distributes that work to an audience. The term
``news'' means information that is about current events or that would
be of current interest to the public. Examples of news media entities
include television or radio stations that broadcast ``news'' to the
public at large and publishers of periodicals that disseminate ``news''
and make their products available through a variety of means to the
general public, including news organizations that disseminate solely on
the Internet. A request for records supporting the news-dissemination
function of the requester will not be considered to be for a commercial
use. ``Freelance'' journalists who demonstrate a solid basis for
expecting publication through a news media entity will be considered as
a representative of the news media. A publishing contract would provide
the clearest evidence that publication is expected; however, the
Commission can also consider a requester's past publication record in
making this determination. These examples are not all-inclusive.
* * * * *
(e) * * *
(1) * * * Where paper documents must be scanned in order to comply
with a requester's preference to receive records in an electronic
format, the requester must also pay the direct costs associated with
scanning those materials.
* * * * *
(f) * * *
(6) Search fees shall be waived for all requests and duplication
fees shall be waived for requests from educational institutions, non-
commercial scientific institutions, and representatives of the news
media if the Commission fails to comply with any time limit under
Sec. Sec. 1015.5(a), (g)(3), 1015.7(b), and 5 U.S.C. 552(a)(6) other
than those exceptions stated in 5 U.S.C. 552(a)(4)(A)(viii)(ll). Those
exceptions include:
(i) If the Commission has determined that unusual circumstances as
defined in Sec. 1015.5(b) apply and the Commission provided timely
written notice to the requester as required by Sec. 1015.5(c) or Sec.
1015.7(f), then failure to comply with the time limit in Sec. Sec.
1015.5(a), (g)(3), 1015.7(b), and 5 U.S.C. 552(a)(6) is excused for 10
additional working days; or
(ii) If the Commission has determined that unusual circumstances as
defined in Sec. 1015.5(b) apply and more than 5,000 pages are
necessary to respond to the request, and the Commission has provided
timely written notice in accordance with Sec. 1015.5(c) and (e) and
the Commission has discussed with the requester via written mail,
email, or telephone (or made not less than three
[[Page 37010]]
good-faith efforts to do so) how the requester could effectively limit
the scope of the request; or
(iii) If a court has determined that exceptional circumstances
exist as defined in 5 U.S.C. 552(a)(6)(C), then failure to comply with
Sec. Sec. 1015.5(a), (g)(3), 1015.7(b), and 5 U.S.C. 552(a)(6) shall
be excused for the length of time provided by the court order.
* * * * *
Sec. 1015.10 [Removed and Reserved]
0
10. Remove and reserve Sec. 1015.10.
0
11. Revise Sec. 1015.11 to read as follows:
Sec. 1015.11 Disclosure of trade secrets to consultants and
contractors; nondisclosure to advisory committees and other government
agencies.
(a) In accordance with section 6(a)(2) of the CPSA, the Commission
may disclose information which it has determined to be a trade secret
or other matter referred to under 5 U.S.C. 552(b)(4) to Commission
consultants and contractors for use only in their work for the
Commission. Such persons are subject to the same restrictions with
respect to disclosure of such information as any Commission employee.
(b) In accordance with section 6(a)(2) of the CPSA, the Commission
is prohibited from disclosing information which it has determined to be
a trade secret or other matter referred to under 5 U.S.C. 552(b)(4) to
advisory committees, except when required in the official conduct of
their business, or to other Federal agencies and state and local
governments except when permitted by the provisions of section 29(f) of
the CPSA.
0
12. Revise Sec. 1015.15 to read as follows:
Sec. 1015.15 Purpose and scope.
(a) The regulations of this subpart provide information concerning
the types of records which may be withheld from production and
disclosure by the Consumer Product Safety Commission. These regulations
also provide information on the method whereby persons submitting
information to the Commission may request that the information be
considered exempt from disclosure, and information concerning the
Commission's treatment of documents submitted with a request that they
be treated as exempt from disclosure.
(b) No identifiable record requested in accordance with the
procedures contained in this part shall be withheld from disclosure
unless it falls within one of the classes of records exempt under 5
U.S.C. 552(b). The Commission will make available, to the extent
permitted by law, records authorized to be withheld under 5 U.S.C.
552(b) unless the Commission reasonably foresees that disclosure would
harm an interest protected by the exemption or disclosure is prohibited
by law or otherwise exempted from disclosure under 5 U.S.C. 552(b)(3).
In this regard the Commission will not ordinarily release documents
that provide legal advice to the Commission concerning pending or
prospective litigation where the release of such documents would
significantly interfere with the Commission's regulatory or enforcement
proceedings.
(c) Draft documents that are agency records are subject to release
upon request in accordance with this regulation. However, in order to
avoid any misunderstanding of the preliminary nature of a draft
document, each draft document released will be marked to indicate its
tentative nature. Similarly, staff briefing packages, which have been
completed but not yet transmitted to the Commission by the Office of
the Secretariat are subject to release upon request in accordance with
this regulation. Each briefing package or portion thereof released will
be marked to indicate that it has not been transmitted to or acted upon
by the Commission. In addition, briefing packages, or portions thereof,
which the Secretariat upon the advice of the Office of the General
Counsel has determined would be released upon request in accordance
with this regulation, will be made available for public inspection in
an electronic format through the Commission's Web site at https://www.cpsc.gov promptly after the briefing package has been transmitted
to the Commissioners by the Office of the Secretariat. Such packages
will be marked to indicate that they have not been acted upon by the
Commission.
(d) The exemptions contained in 5 U.S.C. 552(b) will be interpreted
in accordance with the applicable law at the time a request for
production or disclosure is considered.
Sec. 1015.16 [Removed and Reserved]
0
13. Remove and reserve Sec. 1015.16.
Sec. 1015.17 [Removed and Reserved]
0
14. Remove and reserve Sec. 1015.17.
0
15. Amend Sec. 1015.20 by removing the first and second sentences of
paragraph (a) and adding one sentence in their place to read as
follows:
Sec. 1015.20 Public availability of accident or investigation
reports.
(a) Accident or investigation reports made by an officer, employee,
or agent of the Commission are available to the public under the
procedures set forth in subpart A of this part 1015 unless such reports
are subject to the investigatory file exemption contained in the
Freedom of Information Act (5 U.S.C. 552(b)) except that portions
identifying any injured person or any person treating such injured
person will be deleted in accordance with section 25(c)(1) of the CPSA.
* * *
* * * * *
Dated: August 2, 2017.
Todd A. Stevenson,
Secretariat, Consumer Product Safety Commission.
[FR Doc. 2017-16550 Filed 8-7-17; 8:45 am]
BILLING CODE 6355-01-P