Revised Inspection of Records and Related Fees, 90750-90751 [2016-30183]

Download as PDF 90750 Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations information must be submitted in duplicate to the U.S. Coast Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7126, Washington, DC 20593–7126: (i) The name of the manufacturer or grantee and model number of the MSLD; (ii) Copies of the test report and test data showing that the MSLD complies with the electrical and environmental standards associated with RTCM 11901; and (iii) Instruction manuals associated with the MSLD, description of the test characteristics of the MSLD including assembly drawings, electrical schematics, description of parts list, specifications of materials and the manufacturer’s quality assurance program. (2) After reviewing the information described in paragraph (e)(1) of this section, the U.S. Coast Guard will issue a letter stating whether the MSLD satisfies all RTCM Recommended Standards. In the case of an MSLD that includes a function intended to send a distress message directly to the U.S. Coast Guard or any other search and rescue organization, the letter will also state whether the U.S. Coast Guard endorses that function. (f) A certification application for an MSLD must contain a copy of the U.S. Coast Guard letter stating that the device satisfies all RTCM Recommended Standards, a copy of the technical test data, and the instruction manual(s). [FR Doc. 2016–29612 Filed 12–14–16; 8:45 am] BILLING CODE 6712–01–P SURFACE TRANSPORTATION BOARD 49 CFR Parts 1001 and 1002 [Docket No. EP 737] Revised Inspection of Records and Related Fees Surface Transportation Board. ACTION: Final rules. AGENCY: The Surface Transportation Board (Board or STB) is revising its regulations governing ‘‘Inspection of Records’’ and ‘‘Fees’’ in accordance with changes to the Freedom of Information Act (FOIA) made by the FOIA Improvement Act of 2016 (FOIA Improvement Act). Pursuant to the FOIA Improvement Act, the Board is extending the deadline for administrative appeals, adding information on dispute resolution services, and amending the way fees are charged in certain circumstances. DATES: These rules are effective on January 14, 2017. rmajette on DSK2TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 14:00 Dec 14, 2016 Jkt 241001 Information or questions regarding these final rules should reference Docket No. EP 737 and be in writing addressed to: FOIA Officer, Office of the General Counsel, Surface Transportation Board, by mail at 395 E Street SW., Washington, DC 20423– 0001, by facsimile at 202–245–0456, or by Email at FOIA.Privacy@stb.gov. FOR FURTHER INFORMATION CONTACT: Sarah Fancher at (202) 245–0355. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] SUPPLEMENTARY INFORMATION: The Board is revising its regulations at 49 CFR 1001.3 and 1002.1(g) in accordance with the FOIA Improvement Act, Public Law 114–185 (2016), which provides additional protections for parties requesting records held by the executive branch of the U.S. Government. Among the changes to FOIA, the FOIA Improvement Act requires agencies to allow requesters a minimum of 90 days to file an administrative appeal and that agencies allow for dispute resolution services at various times throughout the FOIA process. The FOIA Improvement Act also updates how fees are assessed in certain circumstances. In accordance with the FOIA Improvement Act, the Board is revising 1001.3 by: (1) Changing the appeal deadline from 30 days to 90 days; and (2) adding a provision (under a new subheading) informing parties that they may seek dispute resolution services from either the Board’s FOIA Public Liaison or the Office of Government Information Services, National Archives and Records Administration. The Board is also revising 49 CFR 1002.1(g) by adding paragraphs (15), (16), (17), and (18) to include the new requirements mandated by the FOIA Improvement Act regarding fees. The final rules are set forth below. Under the Administrative Procedure Act (APA), the public generally may participate in the promulgation of rules through a notice and comment period. 5 U.S.C. 553(b) & (c). However, 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 the public interest. 5 U.S.C. 553(b)(B). The Board has determined that these amendments to its regulations relate to agency management, practice, and procedure, and make technical changes only as directed by statute, are not a matter of agency discretion, and provide additional protections to the public. Therefore, the Board finds that notice ADDRESSES: PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 and public comment on these amendments are unnecessary. See 5 U.S.C. 553(a)(2), 553(b)(A) & 553(b)(B). The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601–612, generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice-and-comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Because the Board has determined that notice and comment are not required under the APA for this rulemaking, the requirements of the RFA do not apply. List of Subjects 49 CFR Part 1001 Freedom of information, Government employees, Inspection of records. 49 CFR Part 1002 Freedom of information, Fees for records. It is ordered: 1. The final rules set forth below are adopted. Notice of the rules adopted here will be published in the Federal Register. 2. The rules are effective on January 14, 2017. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Brendetta S. Jones, Clearance Clerk. For the reasons set forth in the preamble, the Surface Transportation Board amends part 1001 and part 1002 of title 49, chapter X, of the Code of Federal Regulations as follows: PART 1001—INSPECTION OF RECORDS 1. Revise the authority citation for part 1001 to read as follows: ■ Authority: 5 U.S.C. 552, 49 U.S.C. 1302, and 49 U.S.C. 1321. ■ 2. Revise § 1001.3 to read as follows: § 1001.3 Requests to inspect other records not considered public under 5 U.S.C. 552. (a) Request and determination. Requests to inspect records other than those now deemed to be of a public nature shall be in writing and addressed to the Freedom of Information Act Officer (FOIA Officer). The FOIA Officer shall determine within 20 days of receipt of a request (excepting Saturdays, Sundays, and legal public holidays) whether a requested record will be made available. If the FOIA Officer determines that a request cannot E:\FR\FM\15DER1.SGM 15DER1 Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations be honored, the FOIA Officer must inform the requesting party in writing of this decision and such letter shall contain a detailed explanation of why the requested material cannot be made available and explain the requesting party’s right of appeal. (b) Appeal. If the FOIA Officer rules that such records cannot be made available because they are exempt under the provisions of 5 U.S.C. 552(b), an appeal from such ruling may be addressed to the Chairman. The Chairman’s decision shall be administratively final and shall state the specific exemption(s) contained in 5 U.S.C. 552(b) relied upon for any denial. Such an appeal must be filed within 90 days of the date of the FOIA Officer’s letter. The Chairman shall act in writing on such appeals within 20 days (excepting Saturdays, Sundays, and legal public holidays) of receipt of any appeal. In unusual circumstances, as set forth in 5 U.S.C. 552(a)(6)(B), the time limit may be extended, by written notice to the person making the particular request, setting forth the reasons for such extension, for no more than 10 working days. If the appeal is denied, the Chairman’s order shall notify the requesting party of his or her right to judicial review. Charges shall be made as provided for in 49 CFR 1002.1. (c) Alternative dispute resolution services. Requesters may seek dispute resolution services from: (1) The Board’s FOIA Public Liaison by Email at FOIA.Privacy@stb.gov or by mail, telephone, or facsimile as provided on the Board’s Web site located at https://www.stb.gov/stb/ foia.html; or (2) The Office of Government Information Services (OGIS) by mail to Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road— OGIS, College Park, Maryland, 20740– 6001, by facsimile at (202) 741–5769, or by Email at ogis@nara.gov. (15) No fees will be assessed if the FOIA Officer fails to comply with any time limit under the FOIA or these regulations, and has 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, the failure to meet the time limit may be excused an additional 10 working days before fees are automatically waived under this paragraph (g)(15). (16) If the FOIA Officer determines that unusual circumstances apply and more than 5,000 pages are necessary to respond to a request, fees may be charged if timely, written notice to the requester is provided and discussed with the requester via mail, Email, or telephone (or if at least three good-faith attempts are made to do so) regarding how the requester could effectively limit the scope of the request. (17) 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. (18) Fees may not be avoided by filing multiple requests at the same time. When the FOIA Officer reasonably believes that a requester, alone or with others, is breaking down one request into a series of requests to avoid fees, the requests will be combined, and the requester or requesters will be charged accordingly. * * * * * [FR Doc. 2016–30183 Filed 12–14–16; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 141107936–5399–02] PART 1002—FEES RIN 0648–XF081 3. Revise the authority citation for part 1002 to read as follows: Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish; July through December Season ■ rmajette on DSK2TPTVN1PROD with RULES Authority: 5 U.S.C. 552(a)(4)(A), (a)(6)(B), and 553; 31 U.S.C. 9701; and 49 U.S.C. 1321. Section 1002.1(g)(11) is also issued under 5 U.S.C. 5514 and 31 U.S.C. 3717. 4. Amend § 1002.1 by adding paragraphs (g)(15), (16), (17) and (18) to read as follows: ■ § 1002.1 Fees for records search, review, copying, certification, and related services. * * * (g) * * * VerDate Sep<11>2014 * * 14:00 Dec 14, 2016 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements accountability measures for commercial SUMMARY: Jkt 241001 PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 90751 gray triggerfish in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial landings for gray triggerfish will reach the commercial annual catch limit (ACL) (commercial quota) for the period July through December by December 16, 2016. Therefore, NMFS is closing the commercial sector for gray triggerfish in the South Atlantic EEZ on December 16, 2016. This closure is necessary to protect the gray triggerfish resource. DATES: This rule is effective 12:01 a.m., local time, December 16, 2016, until January 1, 2017. FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional Office, telephone: 727–824–5305, email: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes gray triggerfish and is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. The final rule implementing Amendment 29 to the FMP divided the commercial ACL (commercial quota) for gray triggerfish in the South Atlantic into two 6-month commercial fishing seasons and allocated 50 percent of the total commercial quota of 312,324 lb (141,668 kg), round weight, to each fishing season, January 1 through June 30, and July 1 through December 31 (80 FR 30947, June 1, 2015), as specified in 50 CFR 622.190(a)(8). As a result, the commercial quota is divided into two equal seasonal quotas of 156,162 lb (70,834 kg), round weight. The commercial sector for gray triggerfish closed on April 2, 2016, as landing reports indicated the January through June commercial quota would be met by that date. However, as of May 5, 2016, only 83 percent of the commercial quota was caught, and NMFS subsequently reopened the January through June commercial fishing season on June 13, 2016. The 2016 July through December quota includes 16,016 lb (7265 kg), round weight, that was not harvested during the January through June fishing season. As set forth in 50 CFR 622.190(a)(8)(iii), the unused portion of the January through June quota was added to the July through December quota, for a seasonal quota of 172,178 lb (78,099 kg), round weight. E:\FR\FM\15DER1.SGM 15DER1

Agencies

[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Rules and Regulations]
[Pages 90750-90751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30183]


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SURFACE TRANSPORTATION BOARD

49 CFR Parts 1001 and 1002

[Docket No. EP 737]


Revised Inspection of Records and Related Fees

AGENCY: Surface Transportation Board.

ACTION: Final rules.

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

SUMMARY: The Surface Transportation Board (Board or STB) is revising 
its regulations governing ``Inspection of Records'' and ``Fees'' in 
accordance with changes to the Freedom of Information Act (FOIA) made 
by the FOIA Improvement Act of 2016 (FOIA Improvement Act). Pursuant to 
the FOIA Improvement Act, the Board is extending the deadline for 
administrative appeals, adding information on dispute resolution 
services, and amending the way fees are charged in certain 
circumstances.

DATES: These rules are effective on January 14, 2017.

ADDRESSES: Information or questions regarding these final rules should 
reference Docket No. EP 737 and be in writing addressed to: FOIA 
Officer, Office of the General Counsel, Surface Transportation Board, 
by mail at 395 E Street SW., Washington, DC 20423-0001, by facsimile at 
202-245-0456, or by Email at FOIA.Privacy@stb.gov.

FOR FURTHER INFORMATION CONTACT: Sarah Fancher at (202) 245-0355. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: The Board is revising its regulations at 49 
CFR 1001.3 and 1002.1(g) in accordance with the FOIA Improvement Act, 
Public Law 114-185 (2016), which provides additional protections for 
parties requesting records held by the executive branch of the U.S. 
Government. Among the changes to FOIA, the FOIA Improvement Act 
requires agencies to allow requesters a minimum of 90 days to file an 
administrative appeal and that agencies allow for dispute resolution 
services at various times throughout the FOIA process. The FOIA 
Improvement Act also updates how fees are assessed in certain 
circumstances.
    In accordance with the FOIA Improvement Act, the Board is revising 
1001.3 by: (1) Changing the appeal deadline from 30 days to 90 days; 
and (2) adding a provision (under a new subheading) informing parties 
that they may seek dispute resolution services from either the Board's 
FOIA Public Liaison or the Office of Government Information Services, 
National Archives and Records Administration. The Board is also 
revising 49 CFR 1002.1(g) by adding paragraphs (15), (16), (17), and 
(18) to include the new requirements mandated by the FOIA Improvement 
Act regarding fees. The final rules are set forth below.
    Under the Administrative Procedure Act (APA), the public generally 
may participate in the promulgation of rules through a notice and 
comment period. 5 U.S.C. 553(b) & (c). However, 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 the public interest. 5 U.S.C. 553(b)(B).
    The Board has determined that these amendments to its regulations 
relate to agency management, practice, and procedure, and make 
technical changes only as directed by statute, are not a matter of 
agency discretion, and provide additional protections to the public. 
Therefore, the Board finds that notice and public comment on these 
amendments are unnecessary. See 5 U.S.C. 553(a)(2), 553(b)(A) & 
553(b)(B).
    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601-612, 
generally requires an agency to prepare a regulatory flexibility 
analysis of any rule subject to notice-and-comment rulemaking 
requirements, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Because the Board has determined that notice and comment are not 
required under the APA for this rulemaking, the requirements of the RFA 
do not apply.

List of Subjects

49 CFR Part 1001

    Freedom of information, Government employees, Inspection of 
records.

49 CFR Part 1002

    Freedom of information, Fees for records.

    It is ordered:
    1. The final rules set forth below are adopted. Notice of the rules 
adopted here will be published in the Federal Register.
    2. The rules are effective on January 14, 2017.

    By the Board, Chairman Elliott, Vice Chairman Miller, and 
Commissioner Begeman.
Brendetta S. Jones,
Clearance Clerk.
    For the reasons set forth in the preamble, the Surface 
Transportation Board amends part 1001 and part 1002 of title 49, 
chapter X, of the Code of Federal Regulations as follows:

PART 1001--INSPECTION OF RECORDS

0
1. Revise the authority citation for part 1001 to read as follows:

    Authority: 5 U.S.C. 552, 49 U.S.C. 1302, and 49 U.S.C. 1321.


0
2. Revise Sec.  1001.3 to read as follows:


Sec.  1001.3  Requests to inspect other records not considered public 
under 5 U.S.C. 552.

    (a) Request and determination. Requests to inspect records other 
than those now deemed to be of a public nature shall be in writing and 
addressed to the Freedom of Information Act Officer (FOIA Officer). The 
FOIA Officer shall determine within 20 days of receipt of a request 
(excepting Saturdays, Sundays, and legal public holidays) whether a 
requested record will be made available. If the FOIA Officer determines 
that a request cannot

[[Page 90751]]

be honored, the FOIA Officer must inform the requesting party in 
writing of this decision and such letter shall contain a detailed 
explanation of why the requested material cannot be made available and 
explain the requesting party's right of appeal.
    (b) Appeal. If the FOIA Officer rules that such records cannot be 
made available because they are exempt under the provisions of 5 U.S.C. 
552(b), an appeal from such ruling may be addressed to the Chairman. 
The Chairman's decision shall be administratively final and shall state 
the specific exemption(s) contained in 5 U.S.C. 552(b) relied upon for 
any denial. Such an appeal must be filed within 90 days of the date of 
the FOIA Officer's letter. The Chairman shall act in writing on such 
appeals within 20 days (excepting Saturdays, Sundays, and legal public 
holidays) of receipt of any appeal. In unusual circumstances, as set 
forth in 5 U.S.C. 552(a)(6)(B), the time limit may be extended, by 
written notice to the person making the particular request, setting 
forth the reasons for such extension, for no more than 10 working days. 
If the appeal is denied, the Chairman's order shall notify the 
requesting party of his or her right to judicial review. Charges shall 
be made as provided for in 49 CFR 1002.1.
    (c) Alternative dispute resolution services. Requesters may seek 
dispute resolution services from:
    (1) The Board's FOIA Public Liaison by Email at 
FOIA.Privacy@stb.gov or by mail, telephone, or facsimile as provided on 
the Board's Web site located at https://www.stb.gov/stb/foia.html; or
    (2) The Office of Government Information Services (OGIS) by mail to 
Office of Government Information Services, National Archives and 
Records Administration, 8601 Adelphi Road--OGIS, College Park, 
Maryland, 20740-6001, by facsimile at (202) 741-5769, or by Email at 
ogis@nara.gov.

PART 1002--FEES

0
3. Revise the authority citation for part 1002 to read as follows:

    Authority: 5 U.S.C. 552(a)(4)(A), (a)(6)(B), and 553; 31 U.S.C. 
9701; and 49 U.S.C. 1321. Section 1002.1(g)(11) is also issued under 
5 U.S.C. 5514 and 31 U.S.C. 3717.


0
4. Amend Sec.  1002.1 by adding paragraphs (g)(15), (16), (17) and (18) 
to read as follows:


Sec.  1002.1  Fees for records search, review, copying, certification, 
and related services.

* * * * *
    (g) * * *
    (15) No fees will be assessed if the FOIA Officer fails to comply 
with any time limit under the FOIA or these regulations, and has 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, the failure to meet the time limit may be 
excused an additional 10 working days before fees are automatically 
waived under this paragraph (g)(15).
    (16) If the FOIA Officer determines that unusual circumstances 
apply and more than 5,000 pages are necessary to respond to a request, 
fees may be charged if timely, written notice to the requester is 
provided and discussed with the requester via mail, Email, or telephone 
(or if at least three good-faith attempts are made to do so) regarding 
how the requester could effectively limit the scope of the request.
    (17) 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.
    (18) Fees may not be avoided by filing multiple requests at the 
same time. When the FOIA Officer reasonably believes that a requester, 
alone or with others, is breaking down one request into a series of 
requests to avoid fees, the requests will be combined, and the 
requester or requesters will be charged accordingly.
* * * * *
[FR Doc. 2016-30183 Filed 12-14-16; 8:45 am]
BILLING CODE 4915-01-P