Freedom of Information Act, 17849-17851 [2010-7940]

Download as PDF 17849 Rules and Regulations Federal Register Vol. 75, No. 67 Thursday, April 8, 2010 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 4 [Docket ID OCC–2010–0008] RIN 1557–AD22 Freedom of Information Act AGENCY: Office of the Comptroller of the Currency, Treasury. ACTION: Final rule. SUMMARY: The Office of the Comptroller of the Currency (OCC) is amending its regulations governing the disclosure of information pursuant to requests made under the Freedom of Information Act (FOIA) to reflect changes to the FOIA made by the Openness Promotes Effectiveness in Our National Government Act of 2007 (OPEN Government Act) 1 and to make other changes that update the OCC’s FOIA regulations. DATES: Effective Date: This final rule is effective May 10, 2010. FOR FURTHER INFORMATION CONTACT: Lee Walzer, Counsel, or Michele Meyer, Assistant Director, Legislative and Regulatory Activities Division, (202) 874–5090; or Frank Vance, Manager, Disclosure Services and Administrative Operations, Communications Division, (202) 874–5378. SUPPLEMENTARY INFORMATION: sroberts on DSKD5P82C1PROD with RULES I. Background The OPEN Government Act: Revised definitions contained in the FOIA; changed standards for recovering attorneys fees in FOIA litigation; revised time limits for agencies to act on FOIA requests; provided that search fees would not be charged if an agency fails to comply with time limits if no unusual or exceptional circumstances apply to the processing of the request; required agencies to establish a tracking system enabling requesters to check the status of their requests; added new reporting requirements to agencies’ annual FOIA reports; and required agencies to describe the FOIA exemptions relied upon in redacting records that they release to requesters. Many provisions of the OPEN Government Act took effect upon enactment; others (including some related to the amendments to Part 4 in this final rule) were effective as of December 31, 2008. Twelve CFR part 4, subpart B, sets forth OCC policies regarding the availability of information under the FOIA and procedures for requesters to follow when seeking such information. On April 24, 2009, the OCC published a notice of proposed rulemaking (NPRM) 2 to amend part 4 to comport with changes to the FOIA made by the OPEN Government Act, enacted on December 31, 2007. The comment period closed on June 23, 2009. The OCC received no comments on the NPRM and, accordingly, we are adopting the regulatory changes as proposed. II. Description of the Final Rule The final rule is substantively identical to the proposal, with minor wording changes to improve technical descriptions. Required Description of FOIA Exemptions Used To Justify NonDisclosure The OPEN Government Act amended the FOIA by requiring that an agency detail the specific FOIA exemption under which material is deleted from information sought by a FOIA requester. If technically feasible, the agency should indicate the exemption under which the deletion was made at the place in the record where the agency deleted the material, and should indicate the amount of material that has been deleted.3 The OCC is adopting its proposed amendment to 12 CFR 4.12(d) to provide that the OCC will indicate the amount of information deleted, and the exemption pursuant to which the 2 See 1 Public Law 110–175, 110th Cong., 1st Sess., 121 Stat. 2524 (2007). VerDate Nov<24>2008 15:46 Apr 07, 2010 Jkt 220001 74 FR 18,659 (April 24, 2009). Government Act, section 12, amending 5 U.S.C. 552(b). 3 OPEN PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 deletion was made, on the released portion of the material, unless doing so would harm an interest protected by an exemption under § 4.12(b). Where technically feasible, the OCC will indicate the amount of information deleted and the exemption relied upon for the deletion at the place where such deletion was made. Time Period for Responding to a FOIA Request The OCC is adopting its proposed revision of 12 CFR 4.15 to provide for the 20-day response period to a FOIA request permitted by the statute and to specify that the 20-day period does not include Saturdays, Sundays, and holidays. The OCC is also amending 12 CFR 4.15 to provide that the 20-day time period may be tolled when the OCC: (1) makes a one-time request for additional information from the requester; or (2) needs to clarify a fee-related issue with the requester. The tolling period would end upon receipt of the requested information or resolution of the fee issue, as the case may be.4 Finally, the OCC is adopting as proposed its amendment to 12 CFR 4.17 to clarify that a requester will not be required to pay any otherwise applicable search or duplication fees, as relevant, if the OCC fails to comply with applicable time limits, if no ‘‘unusual’’ or ‘‘exceptional’’ circumstances, as described in the FOIA and set forth in OCC regulations, apply to the processing of the FOIA request.5 Definition of ‘‘Representative of the News Media’’ The OCC is adopting as proposed its amendment to the definition of ‘‘representative of the news media’’ in 12 CFR 4.17(a)(8) to comport with the new definition in FOIA, as amended by the OPEN Government Act. The final rule clarifies the circumstances in which a freelance writer will be deemed to be working as a representative of the news media. Consistent with the OPEN Government Act, freelance writers will be regarded as representatives of the news media if they can demonstrate a 4 The OPEN Government Act did not amend or repeal the FOIA provisions permitting agencies to extend the time for replying to FOIA requests in unusual circumstances. Id. at 552(a)(6)(B) and (C). Therefore, the OCC’s rules continue to extend the time in such cases for up to an additional 10 business days. 12 CFR 4.15(f)(3). 5 See 5 U.S.C. 552(a)(6)(B)–(C); 12 CFR 4.15(f)(3). E:\FR\FM\08APR1.SGM 08APR1 17850 Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations ‘‘solid basis’’ for expecting publication. The definition further permits the OCC to consider a requester’s publication history in assessing whether the requester should be deemed a representative of the news media. Tracking and Contact Information To comply with the OPEN Government Act’s requirements, the OCC launched an Internet Web site at https://appsec.occ.gov/ publicaccesslink/ in December, 2008, to provide the public the ability to check the status of a FOIA request online using an assigned tracking number. The final rule includes a new § 4.18, which provides the Internet address and explains that a tracking number will be assigned to every FOIA request. The new § 4.18 also addresses how individuals without Internet access can continue to receive status updates about their FOIA requests. To facilitate the operation of the new tracking service, the OCC is also amending 12 CFR 4.15(c) to include a request for an electronic mail address in the requester’s contact information, where such information is available and the requester chooses to provide it. III. Regulatory Analysis sroberts on DSKD5P82C1PROD with RULES Regulatory Flexibility Act Pursuant to Section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b) (RFA), the regulatory flexibility analysis otherwise required under Section 604 of the RFA is not required if the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities and publishes its certification and a short, explanatory statement in the Federal Register along with its rule. The final rule will not have such an impact on small entities because the changes being proposed affect mainly the OCC and its processing of FOIA requests, and impose no costs on filers of these requests. Pursuant to Section 605(b) of the RFA, the OCC hereby certifies that this proposal will not have a significant economic impact on a substantial number of small entities. Accordingly, a regulatory flexibility analysis is not needed. Executive Order 12866 The OCC has determined that the final rule is not a significant regulatory action under Executive Order 12866. Paperwork Reduction Act In accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3506), we have reviewed the final rule to assess any information collections. There are no collections of VerDate Nov<24>2008 15:46 Apr 07, 2010 Jkt 220001 information as defined by the Paperwork Reduction Act. Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995, Public Law 104–4 (2 U.S.C. 1532) (Unfunded Mandates Act), requires that an agency prepare a budgetary impact statement before promulgating any rule likely to result in a Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year. If a budgetary impact statement is required, Section 205 of the Unfunded Mandates Act also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. The OCC has determined that this final rule will not result in expenditures by State, local, and tribal governments, or by the private sector, of $100 million or more in any one year. Accordingly, this proposal is not subject to Section 202 of the Unfunded Mandates Act. List of Subjects in 12 CFR Part 4 National banks, Reporting and recordkeeping requirements, Administrative practice and procedure, Freedom of Information Act, Records. ■ For the reasons set forth in the preamble, chapter I of title 12 of the Code of Federal Regulations is amended as follows: PART 4—ORGANIZATION AND AVAILABILITY OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT 1. The authority citation for part 4 continues to read as follows: ■ Authority: 12 U.S.C. 93a. Subpart A also issued under 5 U.S.C. 552; Subpart B also issued under 5 U.S.C. 552; E.O. 12600 (3 CFR 1987 Comp., p. 235). Subpart C also issued under 5 U.S.C. 301, 552; 12 U.S.C. 161, 481, 482, 484(a), 1442, 1817(a)(3), 1818(u) and (v), 1820(d)(6), 1820(k), 1821(c), 1821(o), 1821(t), 1831m, 1831p–1, 1831o, 1867, 1951 et seq., 2601 et seq., 2801 et seq., 2901 et seq., 3101 et seq., 3401 et seq.; 15 U.S.C. 77uu(b), 78q(c)(3); 18 U.S.C. 641, 1905, 1906; 29 U.S.C. 1204; 31 U.S.C. 9701; 42 U.S.C. 3601; 44 U.S.C. 3506, 3510. Subpart D also issued under 12 U.S.C. 1833e. 2. Amend § 4.12 by adding two sentences at the end of paragraph (d) to read as follows: ■ § 4.12 FOIA. Information available under the * * * * * (d) Segregability. * * * The OCC will note the location and extent of any deletion, and identify the FOIA PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 exemption under which material has been deleted, on the released portion of the material, unless doing so would harm an interest protected by the exemption under paragraph (b) of this section pursuant to which the deletion was made. Where technically feasible, the amount of information redacted and the exemption pursuant to which the redaction was made will be indicated at the site(s) of the deletion. 3. Amend § 4.15 by: a. Revising the section heading, the heading for paragraph (c)(1), paragraph (c)(1)(i), the heading for paragraph (f), and paragraph (f)(1); and ■ b. Removing the word ‘‘or’’ at the end of paragraph (f)(3)(ii), removing the period at the end of paragraph (f)(3)(iii) and by adding in lieu thereof ‘‘; or’’, and adding paragraph (f)(3)(iv). The revisions and addition read as follows. ■ ■ § 4.15 How to request records. * * * * * (c) * * * (1) Contact information and what the request for records must include. * * * (i) The requester’s full name, address, telephone number and, at the requester’s option, electronic mail address. * * * * * (f) Time limits for responding to FOIA requests.—(1) The OCC makes an initial determination to grant or deny a request for records within 20 days (excluding Saturday, Sundays, and holidays) after the date of receipt of the request, as described in paragraph (g) of this section, except as stated in paragraph (f)(3) of this section. * * * * * (3) * * * (iv) Tolling of time limits. (A) The OCC may toll the 20-day time period to: (1) Make one request for additional information from the requester; or (2) Clarify the applicability or amount of any fees, if necessary, with the requester. (B) The tolling period ends upon the OCC’s receipt of requested information from the requester or resolution of the fee issue. * * * * * ■ 4. Amend § 4.17 by: ■ a. Revising the section heading, and paragraph (a)(8); ■ b. Adding paragraph (b)(6); and ■ c. Removing, in the parenthetical in paragraph (d), the phrase ‘‘10 business days’’, and by adding in lieu thereof the phrase ‘‘20 business days’’. The revisions and addition are set forth below. E:\FR\FM\08APR1.SGM 08APR1 Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations § 4.17 FOIA request fees. (a) * * * (8) Requester who is a representative of the news media means any person who, or entity that, gathers information of potential interest to a segment of the public, uses editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. A freelance journalist shall be regarded as working for a news media entity if the person can demonstrate a solid basis for expecting publication through that entity, whether or not the journalist is actually employed by that entity. A publication contract is one example of a basis for expecting publication that ordinarily would satisfy this standard. The OCC also may consider the past publication record of the requester in determining whether she or he qualifies as a ‘‘representative of the news media.’’ * * * * * (b) * * * (6) No fee if the time limit passes and the OCC has not responded to the request. The OCC will not assess search or duplication fees, as applicable, if it fails to respond to a requester’s FOIA request within the time limits specified under 12 CFR 4.15, and no ‘‘unusual’’ circumstances (as defined in 5 U.S.C. 552(a)(6)(B) and § 4.15(f)(3)(i)) or ‘‘exceptional’’ circumstances (as defined in 5 U.S.C. 552(a)(6)(C)) apply to the processing of the request. * * * * * 5. Add § 4.18 to subpart B to read as follows: ■ sroberts on DSKD5P82C1PROD with RULES § 4.18 How to track a FOIA request. (a) Tracking number. The OCC will issue a tracking number to all FOIA requesters within 5 days of the receipt of the request (as described in § 4.15(g)) in the OCC’s Communications Department. The tracking number will be sent via electronic mail if the requester has provided an electronic mail address. Otherwise, the OCC will mail the tracking number to the requester’s physical address, as provided in the FOIA request. (b) Web site. FOIA requesters may check the status of their FOIA request(s) at https://appsec.occ.gov/ publicaccesslink/. (c) If a requester does not have Internet access. Requesters without Internet access may continue to contact the Disclosure Officer, Communications Division, Office of the Comptroller of the Currency, at (202) 874–4700 to check the status of their FOIA request(s). VerDate Nov<24>2008 15:46 Apr 07, 2010 Jkt 220001 Dated: April 2, 2010. John C. Dugan, Comptroller of the Currency. The Rule [FR Doc. 2010–7940 Filed 4–7–10; 8:45 am] BILLING CODE 4810–33–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2009–0926; Airspace Docket No. 09–ASW–26] Amendment of Class E Airspace; Dallas-Fort Worth, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace in the Dallas-Fort Worth, TX area. Additional controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Bridgeport Municipal Airport, Bridgeport, TX. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Bridgeport Municipal Airport. DATES: Effective 0901 UTC, July 29, 2010. The Director of the Federal Register approves this incorporation by reference action under 1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321– 7716. SUPPLEMENTARY INFORMATION: History On November 9, 2009, the FAA published in the Federal Register a notice of proposed rulemaking to amend Class E airspace for the Dallas-Fort Worth, TX area (74 FR 57617) Docket No. FAA–2009–0926. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9T signed August 27, 2009, and effective September 15, 2009, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 17851 This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by amending Class E airspace for the Dallas-Fort Worth, TX area, adding additional controlled airspace extending upward from 700 feet above the surface to accommodate SIAPs at Bridgeport Municipal Airport, Bridgeport, TX. Adjustments to the geographic coordinates will be made in accordance with the FAA’s National Aeronautical Charting Office, as well as a name change for McKinney Municipal Airport to Collin County Regional Airport, McKinney, TX. This action is necessary for the safety and management of IFR operations. With the exception of editorial changes and the changes described above, this rule is the same as that proposed in the NPRM. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in subtitle VII, part A, subpart I, section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends controlled airspace in the Dallas-Fort Worth, TX area. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). E:\FR\FM\08APR1.SGM 08APR1

Agencies

[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Rules and Regulations]
[Pages 17849-17851]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7940]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules 
and Regulations

[[Page 17849]]



DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

12 CFR Part 4

[Docket ID OCC-2010-0008]
RIN 1557-AD22


Freedom of Information Act

AGENCY: Office of the Comptroller of the Currency, Treasury.

ACTION: Final rule.

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SUMMARY: The Office of the Comptroller of the Currency (OCC) is 
amending its regulations governing the disclosure of information 
pursuant to requests made under the Freedom of Information Act (FOIA) 
to reflect changes to the FOIA made by the Openness Promotes 
Effectiveness in Our National Government Act of 2007 (OPEN Government 
Act) \1\ and to make other changes that update the OCC's FOIA 
regulations.
---------------------------------------------------------------------------

    \1\ Public Law 110-175, 110th Cong., 1st Sess., 121 Stat. 2524 
(2007).

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DATES: Effective Date: This final rule is effective May 10, 2010.

FOR FURTHER INFORMATION CONTACT: Lee Walzer, Counsel, or Michele Meyer, 
Assistant Director, Legislative and Regulatory Activities Division, 
(202) 874-5090; or Frank Vance, Manager, Disclosure Services and 
Administrative Operations, Communications Division, (202) 874-5378.

SUPPLEMENTARY INFORMATION: 

I. Background

    The OPEN Government Act: Revised definitions contained in the FOIA; 
changed standards for recovering attorneys fees in FOIA litigation; 
revised time limits for agencies to act on FOIA requests; provided that 
search fees would not be charged if an agency fails to comply with time 
limits if no unusual or exceptional circumstances apply to the 
processing of the request; required agencies to establish a tracking 
system enabling requesters to check the status of their requests; added 
new reporting requirements to agencies' annual FOIA reports; and 
required agencies to describe the FOIA exemptions relied upon in 
redacting records that they release to requesters. Many provisions of 
the OPEN Government Act took effect upon enactment; others (including 
some related to the amendments to Part 4 in this final rule) were 
effective as of December 31, 2008.
    Twelve CFR part 4, subpart B, sets forth OCC policies regarding the 
availability of information under the FOIA and procedures for 
requesters to follow when seeking such information. On April 24, 2009, 
the OCC published a notice of proposed rulemaking (NPRM) \2\ to amend 
part 4 to comport with changes to the FOIA made by the OPEN Government 
Act, enacted on December 31, 2007. The comment period closed on June 
23, 2009. The OCC received no comments on the NPRM and, accordingly, we 
are adopting the regulatory changes as proposed.
---------------------------------------------------------------------------

    \2\ See 74 FR 18,659 (April 24, 2009).
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II. Description of the Final Rule

    The final rule is substantively identical to the proposal, with 
minor wording changes to improve technical descriptions.

Required Description of FOIA Exemptions Used To Justify Non-Disclosure

    The OPEN Government Act amended the FOIA by requiring that an 
agency detail the specific FOIA exemption under which material is 
deleted from information sought by a FOIA requester. If technically 
feasible, the agency should indicate the exemption under which the 
deletion was made at the place in the record where the agency deleted 
the material, and should indicate the amount of material that has been 
deleted.\3\
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    \3\ OPEN Government Act, section 12, amending 5 U.S.C. 552(b).
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    The OCC is adopting its proposed amendment to 12 CFR 4.12(d) to 
provide that the OCC will indicate the amount of information deleted, 
and the exemption pursuant to which the deletion was made, on the 
released portion of the material, unless doing so would harm an 
interest protected by an exemption under Sec.  4.12(b). Where 
technically feasible, the OCC will indicate the amount of information 
deleted and the exemption relied upon for the deletion at the place 
where such deletion was made.

Time Period for Responding to a FOIA Request

    The OCC is adopting its proposed revision of 12 CFR 4.15 to provide 
for the 20-day response period to a FOIA request permitted by the 
statute and to specify that the 20-day period does not include 
Saturdays, Sundays, and holidays. The OCC is also amending 12 CFR 4.15 
to provide that the 20-day time period may be tolled when the OCC: (1) 
makes a one-time request for additional information from the requester; 
or (2) needs to clarify a fee-related issue with the requester. The 
tolling period would end upon receipt of the requested information or 
resolution of the fee issue, as the case may be.\4\
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    \4\ The OPEN Government Act did not amend or repeal the FOIA 
provisions permitting agencies to extend the time for replying to 
FOIA requests in unusual circumstances. Id. at 552(a)(6)(B) and (C). 
Therefore, the OCC's rules continue to extend the time in such cases 
for up to an additional 10 business days. 12 CFR 4.15(f)(3).
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    Finally, the OCC is adopting as proposed its amendment to 12 CFR 
4.17 to clarify that a requester will not be required to pay any 
otherwise applicable search or duplication fees, as relevant, if the 
OCC fails to comply with applicable time limits, if no ``unusual'' or 
``exceptional'' circumstances, as described in the FOIA and set forth 
in OCC regulations, apply to the processing of the FOIA request.\5\
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    \5\ See 5 U.S.C. 552(a)(6)(B)-(C); 12 CFR 4.15(f)(3).
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Definition of ``Representative of the News Media''

    The OCC is adopting as proposed its amendment to the definition of 
``representative of the news media'' in 12 CFR 4.17(a)(8) to comport 
with the new definition in FOIA, as amended by the OPEN Government Act. 
The final rule clarifies the circumstances in which a freelance writer 
will be deemed to be working as a representative of the news media. 
Consistent with the OPEN Government Act, freelance writers will be 
regarded as representatives of the news media if they can demonstrate a

[[Page 17850]]

``solid basis'' for expecting publication. The definition further 
permits the OCC to consider a requester's publication history in 
assessing whether the requester should be deemed a representative of 
the news media.

Tracking and Contact Information

    To comply with the OPEN Government Act's requirements, the OCC 
launched an Internet Web site at https://appsec.occ.gov/publicaccesslink/ in December, 2008, to provide the public the ability 
to check the status of a FOIA request online using an assigned tracking 
number. The final rule includes a new Sec.  4.18, which provides the 
Internet address and explains that a tracking number will be assigned 
to every FOIA request. The new Sec.  4.18 also addresses how 
individuals without Internet access can continue to receive status 
updates about their FOIA requests. To facilitate the operation of the 
new tracking service, the OCC is also amending 12 CFR 4.15(c) to 
include a request for an electronic mail address in the requester's 
contact information, where such information is available and the 
requester chooses to provide it.

III. Regulatory Analysis

Regulatory Flexibility Act

    Pursuant to Section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b) (RFA), the regulatory flexibility analysis otherwise 
required under Section 604 of the RFA is not required if the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities and publishes its certification 
and a short, explanatory statement in the Federal Register along with 
its rule. The final rule will not have such an impact on small entities 
because the changes being proposed affect mainly the OCC and its 
processing of FOIA requests, and impose no costs on filers of these 
requests. Pursuant to Section 605(b) of the RFA, the OCC hereby 
certifies that this proposal will not have a significant economic 
impact on a substantial number of small entities. Accordingly, a 
regulatory flexibility analysis is not needed.

Executive Order 12866

    The OCC has determined that the final rule is not a significant 
regulatory action under Executive Order 12866.

Paperwork Reduction Act

    In accordance with the requirements of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3506), we have reviewed the final rule to assess any 
information collections. There are no collections of information as 
defined by the Paperwork Reduction Act.

Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995, Public Law 
104-4 (2 U.S.C. 1532) (Unfunded Mandates Act), requires that an agency 
prepare a budgetary impact statement before promulgating any rule 
likely to result in a Federal mandate that may result in the 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year. If a 
budgetary impact statement is required, Section 205 of the Unfunded 
Mandates Act also requires an agency to identify and consider a 
reasonable number of regulatory alternatives before promulgating a 
rule. The OCC has determined that this final rule will not result in 
expenditures by State, local, and tribal governments, or by the private 
sector, of $100 million or more in any one year. Accordingly, this 
proposal is not subject to Section 202 of the Unfunded Mandates Act.

List of Subjects in 12 CFR Part 4

    National banks, Reporting and recordkeeping requirements, 
Administrative practice and procedure, Freedom of Information Act, 
Records.

0
For the reasons set forth in the preamble, chapter I of title 12 of the 
Code of Federal Regulations is amended as follows:

PART 4--ORGANIZATION AND AVAILABILITY OF INFORMATION UNDER THE 
FREEDOM OF INFORMATION ACT

0
1. The authority citation for part 4 continues to read as follows:

    Authority:  12 U.S.C. 93a. Subpart A also issued under 5 U.S.C. 
552; Subpart B also issued under 5 U.S.C. 552; E.O. 12600 (3 CFR 
1987 Comp., p. 235). Subpart C also issued under 5 U.S.C. 301, 552; 
12 U.S.C. 161, 481, 482, 484(a), 1442, 1817(a)(3), 1818(u) and (v), 
1820(d)(6), 1820(k), 1821(c), 1821(o), 1821(t), 1831m, 1831p-1, 
1831o, 1867, 1951 et seq., 2601 et seq., 2801 et seq., 2901 et seq., 
3101 et seq., 3401 et seq.; 15 U.S.C. 77uu(b), 78q(c)(3); 18 U.S.C. 
641, 1905, 1906; 29 U.S.C. 1204; 31 U.S.C. 9701; 42 U.S.C. 3601; 44 
U.S.C. 3506, 3510. Subpart D also issued under 12 U.S.C. 1833e.



0
2. Amend Sec.  4.12 by adding two sentences at the end of paragraph (d) 
to read as follows:


Sec.  4.12  Information available under the FOIA.

* * * * *
    (d) Segregability. * * * The OCC will note the location and extent 
of any deletion, and identify the FOIA exemption under which material 
has been deleted, on the released portion of the material, unless doing 
so would harm an interest protected by the exemption under paragraph 
(b) of this section pursuant to which the deletion was made. Where 
technically feasible, the amount of information redacted and the 
exemption pursuant to which the redaction was made will be indicated at 
the site(s) of the deletion.


0
3. Amend Sec.  4.15 by:
0
a. Revising the section heading, the heading for paragraph (c)(1), 
paragraph (c)(1)(i), the heading for paragraph (f), and paragraph 
(f)(1); and
0
b. Removing the word ``or'' at the end of paragraph (f)(3)(ii), 
removing the period at the end of paragraph (f)(3)(iii) and by adding 
in lieu thereof ``; or'', and adding paragraph (f)(3)(iv).
    The revisions and addition read as follows.


Sec.  4.15  How to request records.

* * * * *
    (c) * * * (1) Contact information and what the request for records 
must include. * * *
    (i) The requester's full name, address, telephone number and, at 
the requester's option, electronic mail address.
* * * * *
    (f) Time limits for responding to FOIA requests.--(1) The OCC makes 
an initial determination to grant or deny a request for records within 
20 days (excluding Saturday, Sundays, and holidays) after the date of 
receipt of the request, as described in paragraph (g) of this section, 
except as stated in paragraph (f)(3) of this section.
* * * * *
    (3) * * *
    (iv) Tolling of time limits. (A) The OCC may toll the 20-day time 
period to:
    (1) Make one request for additional information from the requester; 
or
    (2) Clarify the applicability or amount of any fees, if necessary, 
with the requester.
    (B) The tolling period ends upon the OCC's receipt of requested 
information from the requester or resolution of the fee issue.
* * * * *

0
4. Amend Sec.  4.17 by:
0
a. Revising the section heading, and paragraph (a)(8);
0
b. Adding paragraph (b)(6); and
0
c. Removing, in the parenthetical in paragraph (d), the phrase ``10 
business days'', and by adding in lieu thereof the phrase ``20 business 
days''.
    The revisions and addition are set forth below.

[[Page 17851]]

Sec.  4.17  FOIA request fees.

    (a) * * *
    (8) Requester who is a representative of the news media means any 
person who, or entity that, gathers information of potential interest 
to a segment of the public, uses editorial skills to turn the raw 
materials into a distinct work, and distributes that work to an 
audience. A freelance journalist shall be regarded as working for a 
news media entity if the person can demonstrate a solid basis for 
expecting publication through that entity, whether or not the 
journalist is actually employed by that entity. A publication contract 
is one example of a basis for expecting publication that ordinarily 
would satisfy this standard. The OCC also may consider the past 
publication record of the requester in determining whether she or he 
qualifies as a ``representative of the news media.''
* * * * *
    (b) * * *
    (6) No fee if the time limit passes and the OCC has not responded 
to the request. The OCC will not assess search or duplication fees, as 
applicable, if it fails to respond to a requester's FOIA request within 
the time limits specified under 12 CFR 4.15, and no ``unusual'' 
circumstances (as defined in 5 U.S.C. 552(a)(6)(B) and Sec.  
4.15(f)(3)(i)) or ``exceptional'' circumstances (as defined in 5 U.S.C. 
552(a)(6)(C)) apply to the processing of the request.
* * * * *

0
5. Add Sec.  4.18 to subpart B to read as follows:


Sec.  4.18  How to track a FOIA request.

    (a) Tracking number. The OCC will issue a tracking number to all 
FOIA requesters within 5 days of the receipt of the request (as 
described in Sec.  4.15(g)) in the OCC's Communications Department. The 
tracking number will be sent via electronic mail if the requester has 
provided an electronic mail address. Otherwise, the OCC will mail the 
tracking number to the requester's physical address, as provided in the 
FOIA request.
    (b) Web site. FOIA requesters may check the status of their FOIA 
request(s) at https://appsec.occ.gov/publicaccesslink/.
    (c) If a requester does not have Internet access. Requesters 
without Internet access may continue to contact the Disclosure Officer, 
Communications Division, Office of the Comptroller of the Currency, at 
(202) 874-4700 to check the status of their FOIA request(s).

    Dated: April 2, 2010.
John C. Dugan,
Comptroller of the Currency.
[FR Doc. 2010-7940 Filed 4-7-10; 8:45 am]
BILLING CODE 4810-33-P