Releasing Information; Availability of Records of the Farm Credit Administration; FOIA Fees, 63365-63366 [2016-22107]
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Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations
§ 2417.401
Penalties.
(a) An employee who discloses
official records or information, or who
gives testimony relating to official
information, except as expressly
authorized by the Chairman of the
FLRA, the General Counsel, or the
Chairman of the Panel, as appropriate,
or as ordered by a Federal court after the
FLRA has had the opportunity to be
heard, may face the penalties provided
in 18 U.S.C. 641 and other applicable
laws. Additionally, former employees
are subject to the restrictions and
penalties of 18 U.S.C. 207 and 216.
*
*
*
*
*
Dated: September 1, 2016.
Carol Waller Pope,
Chairman.
[FR Doc. 2016–21427 Filed 9–14–16; 8:45 am]
BILLING CODE P
FARM CREDIT ADMINISTRATION
12 CFR Part 602
RIN 3052–AD18
Releasing Information; Availability of
Records of the Farm Credit
Administration; FOIA Fees
Farm Credit Administration.
ACTION: Final rule.
AGENCY:
The Farm Credit
Administration (FCA or Agency) issues
a final rule amending its regulations to
reflect changes to the Freedom of
Information Act (FOIA). The FOIA
Improvement Act of 2016 requires FCA
to amend its FOIA regulations to extend
the deadline for administrative appeals,
to add information on dispute
resolution services, and to amend the
way FCA charges fees.
DATES: This regulation will become
effective no earlier than 30 days after
publication in the Federal Register
during which either one or both Houses
of Congress are in session. We will
publish a notice of the effective date in
the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Mike Wilson, Policy Analyst, Office of
Regulatory Policy, Farm Credit
Administration, McLean, VA 22102–
5090, (703)–883–4124, TTY (703) 883–
4434; or Autumn Agans, AttorneyAdvisor, Office of General Counsel,
Farm Credit Administration, McLean,
VA 22102–5090. (703) 883–4020, TTY
(703) 883–4020.
SUPPLEMENTARY INFORMATION:
rmajette on DSK2TPTVN1PROD with RULES
I. Objective
The objective of this final rule is to
reflect changes to the FOIA by the FOIA
14:38 Sep 14, 2016
Jkt 238001
II. Background
The FOIA was enacted to give the
public a right to access records held by
the executive branch that, although not
classified, were not otherwise available
to them.1 Since its enactment in 1966,
the FOIA has been amended on a
number of occasions to adapt to the
times and changing priorities.
III. FOIA Procedures
The Improvement Act contains
several substantive and procedural
amendments to the FOIA, as well as
new reporting requirements for
agencies.2 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.
IV. Section-by-Section Analysis
A. Section 602.8
SUMMARY:
VerDate Sep<11>2014
Improvement Act of 2016 (Improvement
Act). The Improvement Act added
additional protections for requesters of
records held by the executive branch of
the U.S. Government.
We revise § 602.8 by:
1. Changing the appeals deadline from
30 days to 90 days in paragraph (a); and
2. Adding FCA’s FOIA Public Liaison
and the Office of Government
Information Services to the list of offices
available to offer dispute resolution
services in paragraph (d).
B. Section 602.12
We revise § 602.12 by adding
paragraphs (f), (g), and (h) with updated
information about charging fees.
C. Section 602.16
We revise § 602.16 by removing the
last line of the paragraph, which
requires FCA to assume multiple
requests made within 30 days have been
made to avoid fees.
1 Pub.
L. 89–554, Sept. 6, 1966, 80 Stat. 383; Pub.
L. 90–23, sec. 1, June 5, 1967, 81 Stat. 54; Pub. L.
93–502, secs. 1–3, Nov. 21, 1974, 88 Stat. 1561–
1564; Pub. L. 94–409, sec. 5(b), Sept. 13, 1976, 90
Stat. 1247; Pub. L. 95–454, title IX, sec. 906(a)(10),
Oct. 13, 1978, 92 Stat. 1225; Pub. L. 98–620, title
IV, sec. 402(2), Nov. 8, 1984, 98 Stat. 3357; Pub. L.
99–570, title I, secs. 1802, 1803, Oct. 27, 1986, 100
Stat. 3207–48, 3207–49; Pub. L. 104–231, secs. 3–
11, Oct. 2, 1996, 110 Stat. 3049–3054; Pub. L. 107–
306, title III, sec. 312, Nov. 27, 2002, 116 Stat. 2390;
Pub. L. 110–175, secs. 3, 4(a), 5, 6(a)(1), (b)(1), 7(a),
8–10(a), 12, Dec. 31, 2007, 121 Stat. 2525–2530;
Pub. L. 111–83, title V, sec. 564(b), Oct. 28, 2009,
123 Stat. 2184.
2 Pub. L. 114–185, June 30, 2016.
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
63365
V. 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, are
not a matter of agency 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.
VI. Regulatory Flexibility Act
Pursuant to section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.), FCA hereby certifies that the
final rule will not have a significant
economic impact on a substantial
number of small entities. Each of the
banks in the Farm Credit System
(System), considered together with its
affiliated associations, has assets and
annual income in excess of the amounts
that would qualify them as small
entities. Therefore, System institutions
are not ‘‘small entities’’ as defined in the
Regulatory Flexibility Act.
List of Subjects in 12 CFR Part 602
Courts, Freedom of information,
Government employees.
As stated in the preamble, part 602 of
chapter VI, title 12 of the Code of
Federal Regulations is amended as
follows:
PART 602—RELEASING
INFORMATION
1. The authority citation for part 602
continues to read as follows:
■
Authority: Secs. 5.9, 5.17, 5.59 of 92–181,
85 Stat. 583 (12 U.S.C. 2243, 2252, 2277a–8);
E:\FR\FM\15SER1.SGM
15SER1
63366
Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations
5 U.S.C. 301, 552; 52 FR 10012; E.O. 12600;
52 FR 23781, 3 CFR 1987, p. 235.
Subpart B—Availability of Records of
the Farm Credit Administration
2. Section 602.8 is amended by
revising paragraph (a) and adding
paragraph (d) to read as follows:
■
§ 602.8
Appeals.
(a) How to appeal. You may appeal a
total or partial denial of your FOIA
request within 90 calendar days of the
date of the denial letter. Your appeal
must be in writing and addressed to the
Director, Office of Agency Services
(OAS), Farm Credit Administration. You
may send it:
(1) By mail to 1501 Farm Credit Drive,
McLean, Virginia 22102–5090;
(2) By facsimile to (703) 893–2608; or
(3) By Email to foiaappeal@fca.gov.
You also have the right to seek
dispute resolution services from FCA’s
FOIA Public Liaison and the Office of
Government Information Services.
*
*
*
*
*
(d) How to seek dispute resolution
services. Requesters may seek dispute
resolution services from:
(1) FCA’s FOIA Public Liaison;
(i) By mail addressed to FOIA Public
Liaison, 1501 Farm Credit Drive,
McLean, Virginia 22101–5090;
(ii) By facsimile at 703–790–3260; or
(iii) By Email at FOIAPublicLiaison@
fca.gov.
(2) Office of Government Information
Services;
(i) By mail to Office of Government
Information Services, National Archives
and Records Administration, 8601
Adelphi Road—OGIS, College Park,
Maryland, 20740–6001;
(ii) By facsimile at (202) 741–5769; or
(iii) By Email at ogis@nara.gov.
3. Section 602.12 is amended by
adding paragraphs (f), (g) and (h) to read
as follows:
■
Fees.
rmajette on DSK2TPTVN1PROD with RULES
*
*
*
*
*
(f) 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.
(g) If we determine that unusual
circumstances apply and more than
5,000 pages are necessary to respond to
VerDate Sep<11>2014
14:38 Sep 14, 2016
§ 602.16
Combining requests.
You may not avoid paying fees by
filing multiple requests at the same
time. When FCA reasonably believes
that you, alone or with others, are
breaking down one request into a series
of requests to avoid fees, we will
combine the requests and charge
accordingly.
Dated: September 9, 2016.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2016–22107 Filed 9–14–16; 8:45 am]
BILLING CODE 6705–01–P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 123
RIN 3245–AG61
Disaster Assistance Loan Program;
Disaster Loan Credit and Collateral
Requirements
U.S. Small Business
Administration.
ACTION: Final rule.
AGENCY:
On April 25, 2014, the Small
Business Administration (SBA)
published in the Federal Register an
interim final rule amending its disaster
loan program regulations in response to
Hurricane Sandy Rebuilding Task Force
recommendations. The first change
allowed SBA to rely on the disaster loan
applicant’s credit, including credit
score, rather than personal or business
cash flow in order to assess repayment
ability for those applicants with strong
credit. The second change increased the
amount of disaster assistance funds that
can be immediately disbursed to
borrowers by raising the unsecured
threshold for economic injury loans for
all disasters and for physical damage
loans for major disasters. SBA received
no comments on its interim final rule;
therefore, SBA adopts the interim final
rule without change.
SUMMARY:
Subpart C—FOIA Fees
§ 602.12
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.
(h) 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.
■ 4. Section 602.16 is revised to read as
follows:
Jkt 238001
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
This final rule is effective
September 15, 2016.
DATES:
Eric
Wall, Office of Disaster Assistance, 409
3rd St. SW., Washington, DC 20416,
(202) 205–6739.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
The Hurricane Sandy Rebuilding Task
Force was established pursuant to an
Executive Order issued on December 7,
2012, E.O. 13632, Establishing the
Hurricane Sandy Task Force (December
7, 2012). This Task Force was
established to ensure the recovery effort
benefitted from cabinet-level focus and
coordination, and was charged with
establishing guidelines for the
investment of Federal funds made
available for the recovery. As a member
of this task force, SBA collaborated with
these executive agencies and offices to
identify and work to remove obstacles to
resilient rebuilding while taking into
account existing and future risks and
promoting the long-term sustainability
of communities and ecosystems in the
Sandy-affected region.
As a result of Task Force
recommendations, SBA published an
interim final rule on April 25, 2014 (79
FR 22859). The rule amended 13 CFR
123.6 of SBA regulations to allow SBA
to rely on a disaster applicant’s credit,
including score, as evidence of
repayment ability. This change allowed
SBA to expedite processing of
applications from disaster victims with
strong credit by removing the
requirement to analyze cash flow for all
loans. The interim final rule also revised
13 CFR 123.11 to increase SBA’s
unsecured disaster loan limit to $25,000
for economic injury loans for all
disasters and for physical damage loans
for major disasters. The comment period
for the interim final rule ended on June
23, 2014, and SBA received no
comments.
Compliance with Executive Orders
12866, 12988, 13132, and 13563 and the
Paperwork Reduction Act (44 U.S.C.,
Ch. 35) and the Regulatory Flexibility
Act (5 U.S.C. 601–612)
Executive Order 12866
The Office of Management and Budget
(OMB) has determined that this final
rule is not a significant regulatory action
for the purposes of Executive Order
12866. This is not a major rule under
the Congressional Review Act, 5 U.S.C.
800.
Executive Order 12988
This action meets applicable
standards set forth in sections 3(a) and
E:\FR\FM\15SER1.SGM
15SER1
]]>Agencies
[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Rules and Regulations]
[Pages 63365-63366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22107]
=======================================================================
-----------------------------------------------------------------------
FARM CREDIT ADMINISTRATION
12 CFR Part 602
RIN 3052-AD18
Releasing Information; Availability of Records of the Farm Credit
Administration; FOIA Fees
AGENCY: Farm Credit Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Farm Credit Administration (FCA or Agency) issues a final
rule amending its regulations to reflect changes to the Freedom of
Information Act (FOIA). The FOIA Improvement Act of 2016 requires FCA
to amend its FOIA regulations to extend the deadline for administrative
appeals, to add information on dispute resolution services, and to
amend the way FCA charges fees.
DATES: This regulation will become effective no earlier than 30 days
after publication in the Federal Register during which either one or
both Houses of Congress are in session. We will publish a notice of the
effective date in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Mike Wilson, Policy Analyst, Office of
Regulatory Policy, Farm Credit Administration, McLean, VA 22102-5090,
(703)-883-4124, TTY (703) 883-4434; or Autumn Agans, Attorney-Advisor,
Office of General Counsel, Farm Credit Administration, McLean, VA
22102-5090. (703) 883-4020, TTY (703) 883-4020.
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 added additional protections for requesters of records held by the
executive branch of the U.S. Government.
II. Background
The FOIA was enacted to give the public a right to access records
held by the executive branch that, although not classified, were not
otherwise available to them.\1\ Since its enactment in 1966, the FOIA
has been amended on a number of occasions to adapt to the times and
changing priorities.
---------------------------------------------------------------------------
\1\ Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 383; Pub. L. 90-23,
sec. 1, June 5, 1967, 81 Stat. 54; Pub. L. 93-502, secs. 1-3, Nov.
21, 1974, 88 Stat. 1561-1564; Pub. L. 94-409, sec. 5(b), Sept. 13,
1976, 90 Stat. 1247; Pub. L. 95-454, title IX, sec. 906(a)(10), Oct.
13, 1978, 92 Stat. 1225; Pub. L. 98-620, title IV, sec. 402(2), Nov.
8, 1984, 98 Stat. 3357; Pub. L. 99-570, title I, secs. 1802, 1803,
Oct. 27, 1986, 100 Stat. 3207-48, 3207-49; Pub. L. 104-231, secs. 3-
11, Oct. 2, 1996, 110 Stat. 3049-3054; Pub. L. 107-306, title III,
sec. 312, Nov. 27, 2002, 116 Stat. 2390; Pub. L. 110-175, secs. 3,
4(a), 5, 6(a)(1), (b)(1), 7(a), 8-10(a), 12, Dec. 31, 2007, 121
Stat. 2525-2530; Pub. L. 111-83, title V, sec. 564(b), Oct. 28,
2009, 123 Stat. 2184.
---------------------------------------------------------------------------
III. FOIA Procedures
The Improvement Act contains several substantive and procedural
amendments to the FOIA, as well as new reporting requirements for
agencies.\2\ 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.
---------------------------------------------------------------------------
\2\ Pub. L. 114-185, June 30, 2016.
---------------------------------------------------------------------------
IV. Section-by-Section Analysis
A. Section 602.8
We revise Sec. 602.8 by:
1. Changing the appeals deadline from 30 days to 90 days in
paragraph (a); and
2. Adding FCA's FOIA Public Liaison and the Office of Government
Information Services to the list of offices available to offer dispute
resolution services in paragraph (d).
B. Section 602.12
We revise Sec. 602.12 by adding paragraphs (f), (g), and (h) with
updated information about charging fees.
C. Section 602.16
We revise Sec. 602.16 by removing the last line of the paragraph,
which requires FCA to assume multiple requests made within 30 days have
been made to avoid fees.
V. 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, are not a matter of
agency 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.
VI. Regulatory Flexibility Act
Pursuant to section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.), FCA hereby certifies that the final rule will not
have a significant economic impact on a substantial number of small
entities. Each of the banks in the Farm Credit System (System),
considered together with its affiliated associations, has assets and
annual income in excess of the amounts that would qualify them as small
entities. Therefore, System institutions are not ``small entities'' as
defined in the Regulatory Flexibility Act.
List of Subjects in 12 CFR Part 602
Courts, Freedom of information, Government employees.
As stated in the preamble, part 602 of chapter VI, title 12 of the
Code of Federal Regulations is amended as follows:
PART 602--RELEASING INFORMATION
0
1. The authority citation for part 602 continues to read as follows:
Authority: Secs. 5.9, 5.17, 5.59 of 92-181, 85 Stat. 583 (12
U.S.C. 2243, 2252, 2277a-8);
[[Page 63366]]
5 U.S.C. 301, 552; 52 FR 10012; E.O. 12600; 52 FR 23781, 3 CFR 1987,
p. 235.
Subpart B--Availability of Records of the Farm Credit
Administration
0
2. Section 602.8 is amended by revising paragraph (a) and adding
paragraph (d) to read as follows:
Sec. 602.8 Appeals.
(a) How to appeal. You may appeal a total or partial denial of your
FOIA request within 90 calendar days of the date of the denial letter.
Your appeal must be in writing and addressed to the Director, Office of
Agency Services (OAS), Farm Credit Administration. You may send it:
(1) By mail to 1501 Farm Credit Drive, McLean, Virginia 22102-5090;
(2) By facsimile to (703) 893-2608; or
(3) By Email to foiaappeal@fca.gov.
You also have the right to seek dispute resolution services from
FCA's FOIA Public Liaison and the Office of Government Information
Services.
* * * * *
(d) How to seek dispute resolution services. Requesters may seek
dispute resolution services from:
(1) FCA's FOIA Public Liaison;
(i) By mail addressed to FOIA Public Liaison, 1501 Farm Credit
Drive, McLean, Virginia 22101-5090;
(ii) By facsimile at 703-790-3260; or
(iii) By Email at FOIAPublicLiaison@fca.gov.
(2) Office of Government Information Services;
(i) By mail to Office of Government Information Services, National
Archives and Records Administration, 8601 Adelphi Road--OGIS, College
Park, Maryland, 20740-6001;
(ii) By facsimile at (202) 741-5769; or
(iii) By Email at ogis@nara.gov.
Subpart C--FOIA Fees
0
3. Section 602.12 is amended by adding paragraphs (f), (g) and (h) to
read as follows:
Sec. 602.12 Fees.
* * * * *
(f) 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.
(g) 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.
(h) 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.
0
4. Section 602.16 is revised to read as follows:
Sec. 602.16 Combining requests.
You may not avoid paying fees by filing multiple requests at the
same time. When FCA reasonably believes that you, alone or with others,
are breaking down one request into a series of requests to avoid fees,
we will combine the requests and charge accordingly.
Dated: September 9, 2016.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2016-22107 Filed 9-14-16; 8:45 am]
BILLING CODE 6705-01-P
