Freedom of Information Act Regulations, 63497-63498 [2014-25272]

Download as PDF 63497 Rules and Regulations Federal Register Vol. 79, No. 206 Friday, October 24, 2014 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. MILITARY COMPENSATION AND RETIREMENT MODERNIZATION COMMISSION 5 CFR Part 9901 RIN 3260–AA00 Freedom of Information Act Regulations Military Compensation and Retirement Modernization Commission. ACTION: Final rule. AGENCY: The Military Compensation and Retirement Modernization Commission (MCRMC) is issuing a final rule, establishing procedures for the public to obtain information from MCRMC under the Freedom of Information Act (FOIA). DATES: This final rule was effective October 27, 2014. FOR FURTHER INFORMATION CONTACT: Christopher Nuneviller, Associate Director, Administration and Operations, Military Compensation and Retirement Modernization Commission, at (703) 692–2080 or by email at foia@ mcrmc.gov. SUPPLEMENTARY INFORMATION: rmajette on DSK2TPTVN1PROD with RULES SUMMARY: I. Background On January 2, 2013, the President signed into law the National Defense Authorization Act for Fiscal Year 2013, Public Law 112–239, Subtitle H, 126 Stat. 1632, 1787 (2013) (amended by National Defense Authorization Act for Fiscal Year 2014, Pub. L. 113–66, Sec. 1095, 127 Stat. 672, 878 (2013)), which created the Military Compensation and Retirement Modernization Commission (MCRMC). To establish procedures to facilitate public interaction with MCRMC, the agency is issuing final regulations under FOIA. II. The Final Rule This final rule establishes procedures for MCRMC necessary to implement VerDate Sep<11>2014 14:09 Oct 23, 2014 Jkt 235001 FOIA, 5 U.S.C. 552. FOIA provides for the disclosure of agency records and information to the public, unless that information is exempted under statutory exemptions or exclusions. The procedures established herein are intended to ensure that MCRMC fully satisfies its responsibility to the public to disclose agency information. III. Procedural Requirements These regulations establish procedures under FOIA to facilitate the interaction of the public with MCRMC. MCRMC’s policy of disclosure follows the Presidential Memorandum of January 21, 2009, ‘‘Transparency and Openness,’’ 74 FR 4685, and the Attorney General’s March 19, 2009 FOIA policy guidance, advising Federal agencies to apply a presumption of openness in FOIA decision making. This final rule parallels the procedures currently used by other agencies to implement FOIA. MCRMC has determined that good cause exists under 5 U.S.C. 553(b) and 5 U.S.C. 553(d)(3) to waive the notice and comment and delayed effective requirements of the Administrative Procedure Act to publish this regulation as a final rule with a request for comments. MCRMC is a temporary, independent establishment with statutorily defined deadlines and a limited existence. It is the intent of the agency to be as transparent as practicable in making information available to the public. This regulation establishes procedures to facilitate MCRMC’s interactions with the public and the public’s access to information about MCRMC. In light of this agency’s limited duration, as set forth in its enabling legislation, and the need for timely access, MCRMC has decided that full notice and comment rulemaking is impracticable and contrary to public policy. The absence of FOIA regulations could impair the public’s ability to access information. MCRMC has determined that this final rule should be issued without a delayed effective date pursuant to 5 U.S.C. 553(d)(3). Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. Chapter 6) do not apply. This rulemaking is not a significant regulatory action for the purposes of Executive Order 12866. Accordingly, a PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 regulatory impact analysis is not required. Analysis of Public Comments and Final Rule MCRMC received no comments in response to the Interim final rule for MCRMC’s FOIA regulations (79 FR 54567, September 12, 2014). This final rule corrects two inadvertent formatting errors in the interim final rule. List of Subjects in 5 CFR Part 9901 Administrative practice and procedure, Freedom of information, Reporting and recordkeeping requirements. Accordingly, the interim rule amending 5 CFR chapter XCIX, part 9901, which was published at 79 FR 54567 on September 12, 2014, is adopted as a final with the following changes: PART 9901—DISCLOSURE OF RECORDS AND INFORMATION 1. The authority citation for part 9901 continues to read as follows: ■ Authority: National Defense Authorization Act for Fiscal Year 2013, Pub. L. 112–239, Subtitle H, 126 Stat. 1632, 1787 (2013) (amended by National Defense Authorization Act for Fiscal Year 2014, Pub. L. 113–66, Sec. 1095, 127 Stat. 672, 878 (2013)); 5 U.S.C. 552. 2. Amend § 9901.1 by revising paragraph (b)(1) to read as follows: ■ § 9901.1 Authority, purpose, and scope. * * * * * (b) Purpose. (1) The National Defense Authorization Act for Fiscal Year 2013, Public Law 112–239, Subtitle H, 126 Stat. 1632, 1787 (2013) (amended by National Defense Authorization Act for Fiscal Year 2014, Pub. L. 113–66, Sec. 1095, 127 Stat. 672, 878 (2013)), established the Military Compensation and Retirement Modernization Commission (MCRMC). MCRMC’s purpose, pursuant to its enabling statute, is to conduct a review of the military compensation and retirement systems and to make recommendations to modernize those systems to: (i) Ensure the long-term viability of the All-Volunteer Force by sustaining the required human resources of that force during all levels of conflict and economic conditions; (ii) Enable the quality of life for members of the Armed Forces and the other uniformed services and their E:\FR\FM\24OCR1.SGM 24OCR1 63498 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations families in a manner that fosters successful recruitment, retention, and careers for members of the Armed Forces and the other uniformed services; and (iii) Modernize and achieve fiscal sustainability for the compensation and retirement systems for the Armed Forces and the other uniformed services for the 21st century. * * * * * ■ 3. Revise § 9901.3 to read as follows: rmajette on DSK2TPTVN1PROD with RULES § 9901.3 Requests for records. (a) Generally. Many documents are available on the MCRMC Web site and MCRMC encourages requesters to visit the Web site before making a request for records pursuant to this subpart. MCRMC will provide records to individual requesters in response to FOIA requests for records not available on its Web site. (b) Electronic or written requests required. For records not available on the Web site, requesters wishing to obtain information from MCRMC should submit a request on the MCRMC Web site. If a computer is not available to the requester, a written request may be made to the MCRMC FOIA Officer. Such requests should be addressed to: FOIA Officer, Military Compensation and Retirement Modernization Commission, Post Office Box 13170, Arlington, VA 22209. As there may be delays in mail delivery, it is advisable to send the request via facsimile to (703) 697–8330 or email to foia@mcrmc.gov. MCRMC will communicate with the requester by email unless he or she specifies otherwise. (c) Contents of request. Requests must include the following: (1) A statement that the request is being made under FOIA, the requester’s full name and address, a telephone number at which the requester can be reached during normal business hours, and an email address for the requester, if the requester has one; (2) A description of the records sought in enough detail to allow the records to be located with a reasonable amount of effort. The request must identify/ describe the records sought and include information such as date, title or name, author, recipient, and subject matter of the records sought, where possible; (3) If submitting the request as an educational institution, a noncommercial scientific institution, or a representative of the news media, the request must specifically identify the organization on which the status is based, and if a free-lance representative of the news media, the requester should submit a history of past publications VerDate Sep<11>2014 14:09 Oct 23, 2014 Jkt 235001 and/or demonstrate a solid basis for expecting publication through a newsmedia entity; (4) A fee waiver, if applicable; and (5) If the request is made by mail, the words ‘‘FOIA REQUEST’’ or ‘‘REQUEST FOR RECORDS’’ must be clearly marked on the cover letter, letter, and envelope. (d) Perfected requests. MCRMC will process only perfected requests. A perfected request must meet all of the requirements of this subpart. Christopher Nuneviller, Associate Director, Administration and Operations, Military Compensation and Retirement Modernization Commission. [FR Doc. 2014–25272 Filed 10–23–14; 8:45 am] BILLING CODE P FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Parts 335 and 390 RIN 3064–AE07 Transferred OTS Regulations Regarding Securities of State Savings Associations Federal Deposit Insurance Corporation. ACTION: Final rule. AGENCY: The Federal Deposit Insurance Corporation (FDIC) is adopting a final rule to rescind and remove regulations for securities of State savings associations and all references thereto, and revise regulations for securities of nonmember insured banks, to extend their applicability to State savings associations. The regulations revised in this rule were included in the regulations that were transferred to the FDIC from the Office of Thrift Supervision (OTS) on July 21, 2011, in connection with the implementation of applicable provisions of Title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The FDIC received no comments on the Notice of Proposed Rulemaking published on April 21, 2014 and is adopting it as a final rule with minor technical changes. As a result, all State nonmember banks and State savings associations having securities registered pursuant to the Securities Exchange Act of 1934 (Exchange Act) will be subject to the disclosure and filing requirements in FDIC regulations. DATES: The Final Rule is effective November 24, 2014. FOR FURTHER INFORMATION CONTACT: Dennis Chapman, Senior Staff Accountant, Division of Risk SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Management Supervision, 202–898– 8922 or dchapman@fdic.gov; Maureen Loviglio, Senior Staff Accountant, Division of Risk Management Supervision, 202–898–6777 or mloviglio@fdic.gov; Mark G. Flanigan, Supervisory Counsel, Legal Division 202–898–7426 or mflanigan@fdic.gov; or Grace Pyun, Senior Attorney, Legal Division 202–898–3609 or gpyun@ fdic.gov. SUPPLEMENTARY INFORMATION: I. Background The Dodd-Frank Act The Dodd-Frank Act, signed into law on July 21, 2010, provided for a substantial reorganization of the regulation of State and Federal savings associations and their holding companies.1 Beginning July 21, 2011, the transfer date established by section 311 of the Dodd-Frank Act,2 the powers, duties, and functions formerly performed by the OTS were divided among the FDIC, as to State savings associations, the Office of the Comptroller of the Currency (‘‘OCC’’), as to Federal savings associations, and the Board of Governors of the Federal Reserve System (‘‘Federal Reserve Board’’), as to savings and loan holding companies. Section 316(b) of the DoddFrank Act 3 provides the manner of treatment for all orders, resolutions, determinations, regulations, and advisory materials that had been issued, made, prescribed, or allowed to become effective by the OTS. The section provides that if such regulatory issuances were in effect on the day before the transfer date, they continue in effect and are enforceable by or against the appropriate successor agency until they are modified, terminated, set aside, or superseded in accordance with applicable law by such successor agency, by any court of competent jurisdiction, or by operation of law. Section 316(c) of the Dodd-Frank Act 4 further directed the FDIC and the OCC to consult with one another and to publish a list of the continued OTS regulations which would be enforced by each agency. On June 14, 2011, the FDIC’s Board of Directors (‘‘Board’’) approved a ‘‘List of OTS Regulations to be Enforced by the OCC and the FDIC Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act.’’ This list was published by the FDIC and 1 Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. 111–203, 12 U.S.C. 5301 et seq. (2010). 2 12 U.S.C. 5411. 3 12 U.S.C. 5414(b). 4 12 U.S.C. 5414(c). E:\FR\FM\24OCR1.SGM 24OCR1

Agencies

  • MILITARY COMPENSATION AND RETIREMENT MODERNIZATION COMMISSION
[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Rules and Regulations]
[Pages 63497-63498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25272]



========================================================================
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. 79, No. 206 / Friday, October 24, 2014 / 
Rules and Regulations

[[Page 63497]]



MILITARY COMPENSATION AND RETIREMENT MODERNIZATION COMMISSION

5 CFR Part 9901

RIN 3260-AA00


Freedom of Information Act Regulations

AGENCY: Military Compensation and Retirement Modernization Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Military Compensation and Retirement Modernization 
Commission (MCRMC) is issuing a final rule, establishing procedures for 
the public to obtain information from MCRMC under the Freedom of 
Information Act (FOIA).

DATES: This final rule was effective October 27, 2014.

FOR FURTHER INFORMATION CONTACT: Christopher Nuneviller, Associate 
Director, Administration and Operations, Military Compensation and 
Retirement Modernization Commission, at (703) 692-2080 or by email at 
foia@mcrmc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 2, 2013, the President signed into law the National 
Defense Authorization Act for Fiscal Year 2013, Public Law 112-239, 
Subtitle H, 126 Stat. 1632, 1787 (2013) (amended by National Defense 
Authorization Act for Fiscal Year 2014, Pub. L. 113-66, Sec. 1095, 127 
Stat. 672, 878 (2013)), which created the Military Compensation and 
Retirement Modernization Commission (MCRMC). To establish procedures to 
facilitate public interaction with MCRMC, the agency is issuing final 
regulations under FOIA.

II. The Final Rule

    This final rule establishes procedures for MCRMC necessary to 
implement FOIA, 5 U.S.C. 552. FOIA provides for the disclosure of 
agency records and information to the public, unless that information 
is exempted under statutory exemptions or exclusions. The procedures 
established herein are intended to ensure that MCRMC fully satisfies 
its responsibility to the public to disclose agency information.

III. Procedural Requirements

    These regulations establish procedures under FOIA to facilitate the 
interaction of the public with MCRMC. MCRMC's policy of disclosure 
follows the Presidential Memorandum of January 21, 2009, ``Transparency 
and Openness,'' 74 FR 4685, and the Attorney General's March 19, 2009 
FOIA policy guidance, advising Federal agencies to apply a presumption 
of openness in FOIA decision making. This final rule parallels the 
procedures currently used by other agencies to implement FOIA.
    MCRMC has determined that good cause exists under 5 U.S.C. 553(b) 
and 5 U.S.C. 553(d)(3) to waive the notice and comment and delayed 
effective requirements of the Administrative Procedure Act to publish 
this regulation as a final rule with a request for comments. MCRMC is a 
temporary, independent establishment with statutorily defined deadlines 
and a limited existence. It is the intent of the agency to be as 
transparent as practicable in making information available to the 
public. This regulation establishes procedures to facilitate MCRMC's 
interactions with the public and the public's access to information 
about MCRMC. In light of this agency's limited duration, as set forth 
in its enabling legislation, and the need for timely access, MCRMC has 
decided that full notice and comment rulemaking is impracticable and 
contrary to public policy. The absence of FOIA regulations could impair 
the public's ability to access information. MCRMC has determined that 
this final rule should be issued without a delayed effective date 
pursuant to 5 U.S.C. 553(d)(3).
    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. Chapter 6) do 
not apply. This rulemaking is not a significant regulatory action for 
the purposes of Executive Order 12866. Accordingly, a regulatory impact 
analysis is not required.

Analysis of Public Comments and Final Rule

    MCRMC received no comments in response to the Interim final rule 
for MCRMC's FOIA regulations (79 FR 54567, September 12, 2014). This 
final rule corrects two inadvertent formatting errors in the interim 
final rule.

List of Subjects in 5 CFR Part 9901

    Administrative practice and procedure, Freedom of information, 
Reporting and recordkeeping requirements.

    Accordingly, the interim rule amending 5 CFR chapter XCIX, part 
9901, which was published at 79 FR 54567 on September 12, 2014, is 
adopted as a final with the following changes:

PART 9901--DISCLOSURE OF RECORDS AND INFORMATION

0
1. The authority citation for part 9901 continues to read as follows:

    Authority: National Defense Authorization Act for Fiscal Year 
2013, Pub. L. 112-239, Subtitle H, 126 Stat. 1632, 1787 (2013) 
(amended by National Defense Authorization Act for Fiscal Year 2014, 
Pub. L. 113-66, Sec. 1095, 127 Stat. 672, 878 (2013)); 5 U.S.C. 552.


0
2. Amend Sec.  9901.1 by revising paragraph (b)(1) to read as follows:


Sec.  9901.1  Authority, purpose, and scope.

* * * * *
    (b) Purpose. (1) The National Defense Authorization Act for Fiscal 
Year 2013, Public Law 112-239, Subtitle H, 126 Stat. 1632, 1787 (2013) 
(amended by National Defense Authorization Act for Fiscal Year 2014, 
Pub. L. 113-66, Sec. 1095, 127 Stat. 672, 878 (2013)), established the 
Military Compensation and Retirement Modernization Commission (MCRMC). 
MCRMC's purpose, pursuant to its enabling statute, is to conduct a 
review of the military compensation and retirement systems and to make 
recommendations to modernize those systems to:
    (i) Ensure the long-term viability of the All-Volunteer Force by 
sustaining the required human resources of that force during all levels 
of conflict and economic conditions;
    (ii) Enable the quality of life for members of the Armed Forces and 
the other uniformed services and their

[[Page 63498]]

families in a manner that fosters successful recruitment, retention, 
and careers for members of the Armed Forces and the other uniformed 
services; and
    (iii) Modernize and achieve fiscal sustainability for the 
compensation and retirement systems for the Armed Forces and the other 
uniformed services for the 21st century.
* * * * *

0
3. Revise Sec.  9901.3 to read as follows:


Sec.  9901.3  Requests for records.

    (a) Generally. Many documents are available on the MCRMC Web site 
and MCRMC encourages requesters to visit the Web site before making a 
request for records pursuant to this subpart. MCRMC will provide 
records to individual requesters in response to FOIA requests for 
records not available on its Web site.
    (b) Electronic or written requests required. For records not 
available on the Web site, requesters wishing to obtain information 
from MCRMC should submit a request on the MCRMC Web site. If a computer 
is not available to the requester, a written request may be made to the 
MCRMC FOIA Officer. Such requests should be addressed to: FOIA Officer, 
Military Compensation and Retirement Modernization Commission, Post 
Office Box 13170, Arlington, VA 22209. As there may be delays in mail 
delivery, it is advisable to send the request via facsimile to (703) 
697-8330 or email to foia@mcrmc.gov. MCRMC will communicate with the 
requester by email unless he or she specifies otherwise.
    (c) Contents of request. Requests must include the following:
    (1) A statement that the request is being made under FOIA, the 
requester's full name and address, a telephone number at which the 
requester can be reached during normal business hours, and an email 
address for the requester, if the requester has one;
    (2) A description of the records sought in enough detail to allow 
the records to be located with a reasonable amount of effort. The 
request must identify/describe the records sought and include 
information such as date, title or name, author, recipient, and subject 
matter of the records sought, where possible;
    (3) If submitting the request as an educational institution, a non-
commercial scientific institution, or a representative of the news 
media, the request must specifically identify the organization on which 
the status is based, and if a free-lance representative of the news 
media, the requester should submit a history of past publications and/
or demonstrate a solid basis for expecting publication through a news-
media entity;
    (4) A fee waiver, if applicable; and
    (5) If the request is made by mail, the words ``FOIA REQUEST'' or 
``REQUEST FOR RECORDS'' must be clearly marked on the cover letter, 
letter, and envelope.
    (d) Perfected requests. MCRMC will process only perfected requests. 
A perfected request must meet all of the requirements of this subpart.

Christopher Nuneviller,
Associate Director, Administration and Operations, Military 
Compensation and Retirement Modernization Commission.
[FR Doc. 2014-25272 Filed 10-23-14; 8:45 am]
BILLING CODE P