Releasing Information; Availability of Records of the Farm Credit System Insurance Corporation; Fees for Provision of Information, 59437-59438 [2016-20767]

Download as PDF Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations mstockstill on DSK3G9T082PROD with RULES purposes of this Order. ‘‘Direct’’ means that the natural gas must not be diverted for other purposes but must travel a commercially reasonable path between points in one country consistent with an intention merely to transit the other country. And, consistent with the U.S. Customs and Border Patrol regulations concerning in-transit shipments,5 to qualify as ‘‘in-transit’’ the natural gas must cross points of entry and exit at the United States border within a 30-day period. DOE expects the reporting of intransit volumes—noting any line losses and/or natural gas that may be consumed as fuel during the transit process—to be made to the Department within 30 days following the month during which the in-transit shipment took place. The purpose of reporting the in-transit volumes is to confirm the nonjurisdictional status of such shipments and to understand the extent to which imports and exports are affecting the domestic natural gas market, and what movements of natural gas are limited to utilizing natural gas infrastructure and not directly impacting natural gas supply or demand. Additional information on reporting volumes is available at: http://energy.gov/fe/ services/natural-gas-regulation/ guidelines-filing-monthly-reports. II. Reporting Requirements for InTransit Shipments of Natural Gas a. The entity holding title to the natural gas as it crosses borders shall file with the Office of Regulation and International Engagement, a report due not later than the 30th day of the month following the month of completion of an in-transit shipment. The report must give the following details of each intransit shipment returning to the country of origin, including cases where natural gas originates from the United States and undergoes in-transit shipment and where natural gas originates in another country and transits the United States: (1) The name of the country that is both the origin and final destination, (2) the name of the country through which the gas is transported before returning to the origin country (the transit country—this may be either the United States or another country) (3) the initial border crossing point, (4) the foreign pipeline at the initial border crossing point, (5) the U.S. pipeline at the initial border crossing point, (6) the final border crossing point, (7) the foreign pipeline at the final border crossing point, (8) the U.S. pipeline at the final border crossing point, (9) the volume of natural gas moving through the final border 5 See crossing point, (10) the month and year in which the in-transit shipment took place, (11) the name of the entity that has title to the natural gas during the intransit movement, (12) the name of the individual who prepared the report, and (13) contact information. (Approved by the Office of Management and Budget under OMB Control No. 1901–0294.) b. To show that no deliveries into or out of United States commercial markets have occurred, DOE/FE additionally requests clarification in monthly reports for in-transit shipments specifying the difference in volumes entering the transit country and volumes leaving the transit country and the reason for any such differences, to the extent the information is available. c. The entity holding title to the natural gas as it crosses borders shall maintain copies of the reports filed under paragraph a., supra, for each intransit shipment returning to the country of origin for a period of one year after completion of the in-transit shipment, and provide that information to DOE/FE upon request. d. All monthly report filings shall be made to U.S. Department of Energy (FE– 34), Office of Fossil Energy, Office of Regulation and International Engagement, P.O. Box 44375, Washington, DC 20026–4375, Attention: Natural Gas Reports. Alternatively, reports may be emailed to ngreports@ hq.doe.gov, or may be faxed to Natural Gas Reports at (202) 586–6050. e. Companies that currently use import and export authorizations to report in-transit natural gas shipments may continue to report under their authorizations, but no new authorizations dedicated solely to intransit shipments will be issued. Companies should not apply for new import and export authorizations if they plan on only conducting in-transit natural gas transactions. f. Companies may use approved OMB information collection forms, which will be available on DOE/FE’s Web site at: http://www.energy.gov/fe/services/ natural-gas-regulation/in-transit. g. Companies can submit in-transit reports without docket or order numbers, if not reporting under authorizations permitting both imports and exports. This Notice is effective immediately upon issuance. 19 CFR 18.31, 18.2(c)(2). VerDate Sep<11>2014 16:58 Aug 29, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 59437 Issued in Washington, DC, on August 23, 2016. John A. Anderson, Director, Office of Regulation and International Engagement, Office of Oil and Natural Gas. [FR Doc. 2016–20802 Filed 8–29–16; 8:45 am] BILLING CODE 6450–01–P FARM CREDIT SYSTEM INSURANCE CORPORATION 12 CFR Part 1402 RIN 3055–AA12 Releasing Information; Availability of Records of the Farm Credit System Insurance Corporation; Fees for Provision of Information Farm Credit System Insurance Corporation. ACTION: Final rule. AGENCY: The Farm Credit System Insurance Corporation (Corporation) issues a final rule amending its regulations to reflect changes to the Freedom of Information Act (FOIA). The FOIA Improvement Act of 2016 requires the Corporation to amend its FOIA regulations to extend the deadline for administrative appeals, to add information on dispute resolution services, and to amend the way the Corporation charges fees. DATES: Effective date: This regulation will become effective October 1, 2016. FOR FURTHER INFORMATION CONTACT: Howard Rubin, General Counsel, Farm Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, Virginia 22102, (703) 883–4380, TTY (703) 883–4390. SUPPLEMENTARY INFORMATION: SUMMARY: I. Objective The objective of this final rule is to reflect changes to the FOIA by the FOIA Improvement Act of 2016 (Improvement Act). The Improvement Act addresses a range of procedural issues, including requirements that agencies establish a minimum of 90 days for requesters to file an administrative appeal and that they provide dispute resolution services at various times throughout the FOIA process. The Improvement Act also updates how fees are assessed. We revise the regulations as follows: (1) In § 1402.14, a. By changing the appeals deadline from 30 days to 90 days in paragraph (b); b. By adding FCSIC’s FOIA Public Liaison and the Office of Government Information Services to the list of offices E:\FR\FM\30AUR1.SGM 30AUR1 59438 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations available to offer dispute resolution services in paragraph (b); and (2) In § 1402.22, by redesignating existing paragraph (h) as paragraph (k) and adding new paragraphs (h), (i), and (j) with updated information about charging fees. II. Certain Findings We have determined that the amendments mandated by the Improvement Act involve agency management and technical changes. Therefore, the amendments do not constitute a rulemaking under the Administrative Procedure Act (APA), 5 U.S.C. 551, 553(a)(2). Under the APA, the public may participate in the promulgation of rules that have a substantial impact on the public. The amendments to our regulations relate to agency management and technical changes only and are required by statute, and therefore, do not require public participation. Even if these amendments were a rulemaking under 5 U.S.C. 551, 553(a)(2) of the APA, we have determined that notice and public comment are unnecessary and contrary to the public interest. Under 5 U.S.C. 553(b)(B) of the APA, an agency may publish regulations in final form when the agency for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to public interest. The proposed amendments are required by statute, do not involve Corporation discretion, and provide additional protections to the public through the existing regulations. Thus, notice and public procedure are impracticable, unnecessary, and contrary to the public interest. III. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Corporation hereby certifies that the final rule will not have a significant economic impact on a substantial number of small entities. List of Subjects in 12 CFR Part 1402 mstockstill on DSK3G9T082PROD with RULES Archives and records, Freedom of information, Insurance. As stated in the preamble, part 1402 of chapter XIV, title 12 of the Code of Federal Regulations is amended as follows: PART 1402—RELEASING INFORMATION 1. The authority citation for part 1402 is revised to read as follows: ■ Authority: Secs. 5.58, 5.59 of Pub. L. 92– 181, 85 Stat. 583 (12 U.S.C. 2277a–7, 2277a– VerDate Sep<11>2014 16:58 Aug 29, 2016 Jkt 238001 8); 5 U.S.C. 552; 52 FR 10012; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235. Subpart B—Availability of Records of the Farm Credit System Insurance Corporation 2. Section 1402.14(b) is revised to read as follows: ■ § 1402.14 records. Response to requests for * * * * * (b) Within 90 days of the receipt of a notice denying, in whole or in part, a request for records, the requester may appeal the denial. The appeal shall be in writing addressed to the Chief Financial Officer, Farm Credit System Insurance Corporation, McLean, Virginia 22102, and both the letter and envelope shall clearly be marked ‘‘FOIA Appeal.’’ An appeal improperly addressed shall be deemed not to have been received for purposes of the 20-day time period set forth in paragraph (c) of this section until it is received, or would have been received with the exercise of due diligence by Farm Credit System Insurance Corporation personnel. You also have the right to seek dispute resolution services from the Corporation’s FOIA Public Liaison, McLean, Virginia 22102, and the Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road— OGIS, College Park, Maryland 20740– 6001. * * * * * Subpart C—Fees for Provision of Information 3. Section 1402.22 is amended by redesignating paragraph (h) as paragraph (k) and adding new paragraphs (h), (i), and (j) to read as follows: ■ § 1402.22 Fees to be charged. * * * * * (h) We will not assess fees if we fail to comply with any time limit under the FOIA or these regulations, and have not timely notified the requester, in writing, that an unusual circumstance exists. If an unusual circumstance exists, and timely, written notice is given to the requester, we may be excused an additional 10 working days before fees are automatically waived under this paragraph (h). (i) If we determine that unusual circumstances apply and more than 5,000 pages are necessary to respond to a request, we may charge fees if we provided a timely, written notice to the requester and discussed with the requester via mail, Email, or telephone PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 (or made at least three good faith attempts to do so) how the requester could effectively limit the scope of the request. (j) If a court has determined that exceptional circumstances exist, a failure to comply with time limits imposed by these regulations or FOIA shall be excused for the length of time provided by court order. * * * * * Dated: August 24, 2016. Dale L. Aultman, Secretary to the Board, Farm Credit System Insurance Corporation. [FR Doc. 2016–20767 Filed 8–29–16; 8:45 am] BILLING CODE 6710–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 415 and 417 [Docket No. FAA–2000–7953; Amdt. No(s). 415–6 and 417–5] RIN 2120–AG37 Licensing and Safety Requirements for Launch; Technical Amendment Federal Aviation Administration, DOT. ACTION: Final rule; technical amendment. AGENCY: The FAA is publishing this action to correct minor, editorial errors in chapter III, parts 415 and 417. These errors occurred in the Licensing and Safety Requirements for Launch final rule, published in the Federal Register on August 25, 2006. That final rule amended the commercial space transportation regulations governing the launch of expendable launch vehicles to address licensing and safety requirements for a launch. In that final rule, the FAA inadvertently made minor errors, which this technical amendment corrects. DATES: Effective August 30, 2016. FOR FURTHER INFORMATION CONTACT: For questions concerning this action contact ´ Rene Rey, Regulations and Analysis Division, AST–300, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–7538; email Rene.Rey@faa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Good Cause for Immediate Adoption Without Prior Notice Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59437-59438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20767]


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FARM CREDIT SYSTEM INSURANCE CORPORATION

12 CFR Part 1402

RIN 3055-AA12


Releasing Information; Availability of Records of the Farm Credit 
System Insurance Corporation; Fees for Provision of Information

AGENCY: Farm Credit System Insurance Corporation.

ACTION: Final rule.

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

SUMMARY: The Farm Credit System Insurance Corporation (Corporation) 
issues a final rule amending its regulations to reflect changes to the 
Freedom of Information Act (FOIA). The FOIA Improvement Act of 2016 
requires the Corporation to amend its FOIA regulations to extend the 
deadline for administrative appeals, to add information on dispute 
resolution services, and to amend the way the Corporation charges fees.

DATES: Effective date: This regulation will become effective October 1, 
2016.

FOR FURTHER INFORMATION CONTACT: Howard Rubin, General Counsel, Farm 
Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, 
Virginia 22102, (703) 883-4380, TTY (703) 883-4390.

SUPPLEMENTARY INFORMATION:

I. Objective

    The objective of this final rule is to reflect changes to the FOIA 
by the FOIA Improvement Act of 2016 (Improvement Act). The Improvement 
Act addresses a range of procedural issues, including requirements that 
agencies establish a minimum of 90 days for requesters to file an 
administrative appeal and that they provide dispute resolution services 
at various times throughout the FOIA process. The Improvement Act also 
updates how fees are assessed.
    We revise the regulations as follows:
    (1) In Sec.  1402.14,
    a. By changing the appeals deadline from 30 days to 90 days in 
paragraph (b);
    b. By adding FCSIC's FOIA Public Liaison and the Office of 
Government Information Services to the list of offices

[[Page 59438]]

available to offer dispute resolution services in paragraph (b); and
    (2) In Sec.  1402.22, by redesignating existing paragraph (h) as 
paragraph (k) and adding new paragraphs (h), (i), and (j) with updated 
information about charging fees.

II. Certain Findings

    We have determined that the amendments mandated by the Improvement 
Act involve agency management and technical changes. Therefore, the 
amendments do not constitute a rulemaking under the Administrative 
Procedure Act (APA), 5 U.S.C. 551, 553(a)(2). Under the APA, the public 
may participate in the promulgation of rules that have a substantial 
impact on the public. The amendments to our regulations relate to 
agency management and technical changes only and are required by 
statute, and therefore, do not require public participation.
    Even if these amendments were a rulemaking under 5 U.S.C. 551, 
553(a)(2) of the APA, we have determined that notice and public comment 
are unnecessary and contrary to the public interest. Under 5 U.S.C. 
553(b)(B) of the APA, an agency may publish regulations in final form 
when the agency for good cause finds that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to public interest. 
The proposed amendments are required by statute, do not involve 
Corporation discretion, and provide additional protections to the 
public through the existing regulations. Thus, notice and public 
procedure are impracticable, unnecessary, and contrary to the public 
interest.

III. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), the Corporation hereby certifies that the final 
rule will not have a significant economic impact on a substantial 
number of small entities.

List of Subjects in 12 CFR Part 1402

    Archives and records, Freedom of information, Insurance.

    As stated in the preamble, part 1402 of chapter XIV, title 12 of 
the Code of Federal Regulations is amended as follows:

PART 1402--RELEASING INFORMATION

0
1. The authority citation for part 1402 is revised to read as follows:

    Authority: Secs. 5.58, 5.59 of Pub. L. 92-181, 85 Stat. 583 (12 
U.S.C. 2277a-7, 2277a-8); 5 U.S.C. 552; 52 FR 10012; E.O. 12600, 52 
FR 23781, 3 CFR, 1987 Comp., p. 235.

Subpart B--Availability of Records of the Farm Credit System 
Insurance Corporation

0
2. Section 1402.14(b) is revised to read as follows:


Sec.  1402.14  Response to requests for records.

* * * * *
    (b) Within 90 days of the receipt of a notice denying, in whole or 
in part, a request for records, the requester may appeal the denial. 
The appeal shall be in writing addressed to the Chief Financial 
Officer, Farm Credit System Insurance Corporation, McLean, Virginia 
22102, and both the letter and envelope shall clearly be marked ``FOIA 
Appeal.'' An appeal improperly addressed shall be deemed not to have 
been received for purposes of the 20-day time period set forth in 
paragraph (c) of this section until it is received, or would have been 
received with the exercise of due diligence by Farm Credit System 
Insurance Corporation personnel. You also have the right to seek 
dispute resolution services from the Corporation's FOIA Public Liaison, 
McLean, Virginia 22102, and the Office of Government Information 
Services, National Archives and Records Administration, 8601 Adelphi 
Road--OGIS, College Park, Maryland 20740-6001.
* * * * *

Subpart C--Fees for Provision of Information

0
3. Section 1402.22 is amended by redesignating paragraph (h) as 
paragraph (k) and adding new paragraphs (h), (i), and (j) to read as 
follows:


Sec.  1402.22  Fees to be charged.

* * * * *
    (h) We will not assess fees if we fail to comply with any time 
limit under the FOIA or these regulations, and have not timely notified 
the requester, in writing, that an unusual circumstance exists. If an 
unusual circumstance exists, and timely, written notice is given to the 
requester, we may be excused an additional 10 working days before fees 
are automatically waived under this paragraph (h).
    (i) If we determine that unusual circumstances apply and more than 
5,000 pages are necessary to respond to a request, we may charge fees 
if we provided a timely, written notice to the requester and discussed 
with the requester via mail, Email, or telephone (or made at least 
three good faith attempts to do so) how the requester could effectively 
limit the scope of the request.
    (j) If a court has determined that exceptional circumstances exist, 
a failure to comply with time limits imposed by these regulations or 
FOIA shall be excused for the length of time provided by court order.
* * * * *

    Dated: August 24, 2016.
Dale L. Aultman,
Secretary to the Board, Farm Credit System Insurance Corporation.
[FR Doc. 2016-20767 Filed 8-29-16; 8:45 am]
 BILLING CODE 6710-01-P