Freedom of Information Act, 17849-17851 [2010-7940]
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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:
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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).
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74 FR 18,659 (April 24, 2009).
Government Act, section 12, amending 5
U.S.C. 552(b).
3 OPEN
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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).
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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
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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
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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
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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.
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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:
■
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§ 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).
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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.
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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).
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]]>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.
-----------------------------------------------------------------------
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).
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\3\ OPEN Government Act, section 12, amending 5 U.S.C. 552(b).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\5\ See 5 U.S.C. 552(a)(6)(B)-(C); 12 CFR 4.15(f)(3).
---------------------------------------------------------------------------
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
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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.
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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.
* * * * *
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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.
* * * * *
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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
