Freedom of Information Act, 93791-93792 [2016-30475]

Download as PDF 93791 Rules and Regulations Federal Register Vol. 81, No. 246 Thursday, December 22, 2016 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. FOIA regulations but were not received until after publication of the final rule. NCD will integrate some of the commenter’s remarks in this final rule. II. Section by Section Analysis of Amendments to 5 CFR Part 10000 For the reasons discussed above, NCD amends 5 CFR part 10000 as follows: A. Section 10000.2 5 CFR Part 10000 We revise § 10000.2 by: 1. Changing the word ‘‘requestors’’ to ‘‘requesters’’ in paragraphs (1) and (2) of the ‘‘requester category’’ definition. RIN 3480–AA01 B. Section 10000.6 Freedom of Information Act We revise § 10000.6 by: 1. Changing ‘‘FOIA Officer’’ to ‘‘Chief FOIA Officer’’ in paragraph (b)(3); and 2. Adding NCD’s FOIA Public Liaison and the Office of Government Information Services to the list of offices available to offer dispute resolution services in paragraph (b)(5); and 3. Changing ‘‘the Council shall determine whether another agency of the federal government . . .’’ to ‘‘the Council shall determine whether another agency or entity of the federal government. . . .’’ in paragraph (c). NATIONAL COUNCIL ON DISABILITY National Council on Disability. Final rule. AGENCY: ACTION: The National Council on Disability (NCD) issues a final rule amending its Freedom of Information Act (FOIA) regulations to integrate required statutory mandates enacted by the FOIA Improvement Act of 2016 (The Improvement Act). These changes include a longer timeframe to file an appeal for administrative appeals and additional resources for dispute resolution services. Additionally, NCD issues this final rule so as to include comments which were submitted for NCD’s existing FOIA regulations. But due to issues beyond NCD control, NCD did not receive the comments until after publication of the final rule. DATES: This rule is effective December 22, 2016. FOR FURTHER INFORMATION CONTACT: Joan Durocher, General Counsel, National Council on Disability, at 202–272–2004 or jdurocher@ncd.gov. SUPPLEMENTARY INFORMATION: Lhorne on DSK30JT082PROD with RULES SUMMARY: I. Objective The objective of this final rule is to amend several substantive and procedural provisions in NCD’s FOIA regulation.1 The Improvement Act requires NCD to amend its FOIA regulations to extend the deadline for administrative appeals, to add information on dispute resolution services, and to amend NCD’s fee structure. Additionally, NCD issues this final rule to amend its regulations so as to integrate comments that were submitted regarding NCD’s original 1 80 FR 49117, August 17, 2015. VerDate Sep<11>2014 15:15 Dec 21, 2016 Jkt 241001 C. Section 10000.7 We revise § 10000.7 by: 1. Adding the option to appeal by email in paragraph (a). 2. Changing the appeals deadline from 60 days to 90 days in paragraph (b); and 3. Adding NCD’s FOIA Public Liaison and the Office of Government Information Services to the list of offices available to offer dispute resolution services in paragraph (c); and 4. Changing the word ‘‘disputes between FOIA requestors’’ to ‘‘between FOIA requesters’’ under paragraph (c). D. Section 10000.8 We revise § 10000.8 by: 1. Changing ‘‘FOIA Officer’’ to ‘‘Chief FOIA Officer’’ in paragraph (h)(4). III. Statutory Authority 1. The authority citation for parts 10000 is as follows: Authority: 5 U.S.C. 552, as amended; E.O. 12600, 52 FR 23781, 3 CFR 1987, 1987 Comp., p. 235; 3 CFR part 235. IV. Regulatory Analysis We have determined that the amendments mandated by the Improvement Act involve agency PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 the notice and public procedure thereon impracticable, unnecessary, or contrary to public interest. The 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. V. Regulatory Flexibility Act The Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Act of 1996 (5 U.S.C. 601 et seq.), generally requires an agency to prepare a regulatory flexibility analysis for any rule subject to notice and comment rulemaking under the APA or any other statute, unless the agency certifies that the rule will not have a significant economic impact on a number of small entities. Small entities include small businesses, small organizations, and small government jurisdictions. The Council considered the effects on this final rule on small entities and certifies that these final rules will not have a significant impact on a substantial number of small entities. List of Subjects in 5 CFR Part 10000 Administrative practice and procedure, Confidential business information, Freedom of information, Privacy, Procedures for disclosure of records under the Freedom of Information Act. E:\FR\FM\22DER1.SGM 22DER1 93792 Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations § 10000.7 For the reasons discussed in the preamble, NCD amends 5 CFR part 10000 as follows: PART 10000—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT 1. The authority citation for part 10000 continues to read as follows: ■ Authority: 5 U.S.C. 552, as amended; E.O. 12600, 52 FR 23781, 3 CFR 1987, 1987 Comp., p. 235; 3 CFR 235. 2. Amend § 10000.2 by revising paragraphs (1) and (3) of the definition for ‘‘Requester category’’ to read as follows: ■ § 10000.2 * * Definitions. * * * Requester category * * * (1) Commercial requesters; * * * * * (3) All other requesters. * * * * * § 10000.8 Timeframe for Council’s response to a FOIA request or administrative appeal. * 3. Amend § 10000.6 by revising paragraphs (b)(3) and (5) and the first sentence of paragraph (c) introductory text to read as follows: ■ § 10000.6 Responsibility for responding to requests. Lhorne on DSK30JT082PROD with RULES * * * * * (b) * * * (3) A brief statement of the reason(s) for the denial, including any FOIA exemption applied in denying the request. The Chief FOIA Officer will indicate, if technically feasible, the amount of information deleted and the exemption under which a deletion is made on the released portion of the record, unless including that indication would harm an interest protected by the exemption; * * * * * (5) A statement of the right to seek dispute resolution services from NCD’s FOIA Public Liaison and the Office of Government Information Services. (c) Consultation, referral, and coordination. When reviewing records located by the Council in response to a request, the Council shall determine whether another agency of the Federal Government or entity is better able to determine whether the record is exempt from disclosure under the FOIA and, if so, whether it should be released as a matter of discretion. * * * * * * * * 4. Amend § 10000.7 by revising paragraph (a), the first sentence of paragraph (b), and the fifth sentence of paragraph (c) to read as follows: ■ VerDate Sep<11>2014 15:15 Dec 21, 2016 Jkt 241001 Administrative appeals. (a) You may appeal an adverse determination related to your FOIA request, or the Council’s failure to respond to your FOIA request within the prescribed time limits, by email at FOIA@ncd.gov, or write to the Executive Director, National Council on Disability, 1331 F Street NW., Suite 850, Washington, DC 20004. (b) Your appeal must be in writing and must be postmarked or electronically received by the Executive Director within 90 days of the date of the letter denying your request, in whole or in part. * * * (c) * * * A requester may also seek dispute resolution services from NCD’s FOIA Public Liaison and OGIS. * * * ■ 5. Amend § 10000.8 by revising the first sentence of paragraph (h)(4) to read as follows. * * * * (h) * * * (4) The Chief FOIA Officer will decide whether to grant or deny your request for expedited processing and notify the requester within ten calendar days of receipt. * * * Dated: December 14, 2016. Rebecca Cokley, Executive Director. except as noted in specific regulatory provisions. FOR FURTHER INFORMATION CONTACT: Tina Namian, School Program Branch, Policy and Program Development Division, Food and Nutrition Service, 703–305– 2590. SUPPLEMENTARY INFORMATION: The Food and Nutrition Service published a final rule in the Federal Register, 81 FR 50151, on July 29, 2016, to expand local school wellness policy requirements consistent with the requirements set forth in section 204 of the Healthy, Hunger-Free Kids Act of 2010. This document is redesignating 7 CFR 210.30 and 7 CFR 210.31. This document also makes a technical correction in 7 CFR 210.30(b)(1)(iv) to ensure readers clearly understand where to locate the established hiring standards. List of Subjects in 7 CFR Part 210 Children, Commodity School Program, Food assistance programs, Grant programs-health, Grant programseducation, School breakfast and lunch programs, Nutrition, Reporting and recordkeeping requirements. Accordingly, 7 CFR part 210 is corrected by making the following correcting amendments: PART 210—NATIONAL SCHOOL LUNCH PROGRAM [FR Doc. 2016–30475 Filed 12–21–16; 8:45 am] BILLING CODE 8421–03–P 1. The authority citation for part 210 continues to read as follows: ■ Authority: 42 U.S.C. 1751–1760, 1779. DEPARTMENT OF AGRICULTURE §§ 210.30 and 210.31 [Redesignated as §§ 210.31 and 210.30] Food and Nutrition Service ■ 7 CFR Part 210 § 210.30 [FNS–2014–0010] ■ 2. Redesignate §§ 210.30 and 210.31 as §§ 210.31 and 210.30, respectively. RIN 0584–AE25 Local School Wellness Policy Implementation Under the Healthy, Hunger-Free Kids Act of 2010 Food and Nutrition Service, USDA. ACTION: Correcting amendments. AGENCY: This document contains technical corrections to the Code of Federal Regulations regarding the final rule published in the Federal Register on July 29, 2016, ‘‘Local School Wellness Policy Implementation Under the Healthy, Hunger-Free Kids Act of 2010.’’ [Amended] 3. In the newly designated § 210.30, paragraph (b)(1)(iv), remove ‘‘§ 230.30(b)(1)’’ and add in its place ‘‘§ 210.30(b)(1)’’. Dated: December 15, 2016. Audrey Rowe, Administrator, Food and Nutrition Service. [FR Doc. 2016–30861 Filed 12–21–16; 8:45 am] BILLING CODE 3410–30–P SUMMARY: This document is effective December 22, 2016. Compliance with this final rule began on August 29, 2016, DATES: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 792 RIN 3133–AD44 Revisions to the Freedom of Information Act Regulation National Credit Union Administration (NCUA). AGENCY: E:\FR\FM\22DER1.SGM 22DER1

Agencies

[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Rules and Regulations]
[Pages 93791-93792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30475]



========================================================================
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. 81, No. 246 / Thursday, December 22, 2016 / 
Rules and Regulations

[[Page 93791]]



NATIONAL COUNCIL ON DISABILITY

5 CFR Part 10000

RIN 3480-AA01


Freedom of Information Act

AGENCY: National Council on Disability.

ACTION: Final rule.

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

SUMMARY: The National Council on Disability (NCD) issues a final rule 
amending its Freedom of Information Act (FOIA) regulations to integrate 
required statutory mandates enacted by the FOIA Improvement Act of 2016 
(The Improvement Act). These changes include a longer timeframe to file 
an appeal for administrative appeals and additional resources for 
dispute resolution services. Additionally, NCD issues this final rule 
so as to include comments which were submitted for NCD's existing FOIA 
regulations. But due to issues beyond NCD control, NCD did not receive 
the comments until after publication of the final rule.

DATES: This rule is effective December 22, 2016.

FOR FURTHER INFORMATION CONTACT: Joan Durocher, General Counsel, 
National Council on Disability, at 202-272-2004 or jdurocher@ncd.gov.

SUPPLEMENTARY INFORMATION:

I. Objective

    The objective of this final rule is to amend several substantive 
and procedural provisions in NCD's FOIA regulation.\1\ The Improvement 
Act requires NCD to amend its FOIA regulations to extend the deadline 
for administrative appeals, to add information on dispute resolution 
services, and to amend NCD's fee structure. Additionally, NCD issues 
this final rule to amend its regulations so as to integrate comments 
that were submitted regarding NCD's original FOIA regulations but were 
not received until after publication of the final rule. NCD will 
integrate some of the commenter's remarks in this final rule.
---------------------------------------------------------------------------

    \1\ 80 FR 49117, August 17, 2015.
---------------------------------------------------------------------------

II. Section by Section Analysis of Amendments to 5 CFR Part 10000

    For the reasons discussed above, NCD amends 5 CFR part 10000 as 
follows:

A. Section 10000.2

    We revise Sec.  10000.2 by:
    1. Changing the word ``requestors'' to ``requesters'' in paragraphs 
(1) and (2) of the ``requester category'' definition.

B. Section 10000.6

    We revise Sec.  10000.6 by:
    1. Changing ``FOIA Officer'' to ``Chief FOIA Officer'' in paragraph 
(b)(3); and
    2. Adding NCD's FOIA Public Liaison and the Office of Government 
Information Services to the list of offices available to offer dispute 
resolution services in paragraph (b)(5); and
    3. Changing ``the Council shall determine whether another agency of 
the federal government . . .'' to ``the Council shall determine whether 
another agency or entity of the federal government. . . .'' in 
paragraph (c).

C. Section 10000.7

    We revise Sec.  10000.7 by:
    1. Adding the option to appeal by email in paragraph (a).
    2. Changing the appeals deadline from 60 days to 90 days in 
paragraph (b); and
    3. Adding NCD's FOIA Public Liaison and the Office of Government 
Information Services to the list of offices available to offer dispute 
resolution services in paragraph (c); and
    4. Changing the word ``disputes between FOIA requestors'' to 
``between FOIA requesters'' under paragraph (c).

D. Section 10000.8

    We revise Sec.  10000.8 by:
    1. Changing ``FOIA Officer'' to ``Chief FOIA Officer'' in paragraph 
(h)(4).

III. Statutory Authority

    1. The authority citation for parts 10000 is as follows:

    Authority: 5 U.S.C. 552, as amended; E.O. 12600, 52 FR 23781, 3 
CFR 1987, 1987 Comp., p. 235; 3 CFR part 235.

IV. Regulatory Analysis

    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 the notice and public procedure 
thereon impracticable, unnecessary, or contrary to public interest. The 
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.

V. Regulatory Flexibility Act

    The Regulatory Flexibility Act, as amended by the Small Business 
Regulatory Enforcement Act of 1996 (5 U.S.C. 601 et seq.), generally 
requires an agency to prepare a regulatory flexibility analysis for any 
rule subject to notice and comment rulemaking under the APA or any 
other statute, unless the agency certifies that the rule will not have 
a significant economic impact on a number of small entities. Small 
entities include small businesses, small organizations, and small 
government jurisdictions. The Council considered the effects on this 
final rule on small entities and certifies that these final rules will 
not have a significant impact on a substantial number of small 
entities.

List of Subjects in 5 CFR Part 10000

    Administrative practice and procedure, Confidential business 
information, Freedom of information, Privacy, Procedures for disclosure 
of records under the Freedom of Information Act.

[[Page 93792]]

    For the reasons discussed in the preamble, NCD amends 5 CFR part 
10000 as follows:

PART 10000--PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM 
OF INFORMATION ACT

0
1. The authority citation for part 10000 continues to read as follows:

    Authority:  5 U.S.C. 552, as amended; E.O. 12600, 52 FR 23781, 3 
CFR 1987, 1987 Comp., p. 235; 3 CFR 235.

0
2. Amend Sec.  10000.2 by revising paragraphs (1) and (3) of the 
definition for ``Requester category'' to read as follows:


Sec.  10000.2  Definitions.

* * * * *
Requester category * * *
    (1) Commercial requesters;
* * * * *
    (3) All other requesters.
* * * * *

0
3. Amend Sec.  10000.6 by revising paragraphs (b)(3) and (5) and the 
first sentence of paragraph (c) introductory text to read as follows:


Sec.  10000.6  Responsibility for responding to requests.

* * * * *
    (b) * * *
    (3) A brief statement of the reason(s) for the denial, including 
any FOIA exemption applied in denying the request. The Chief FOIA 
Officer will indicate, if technically feasible, the amount of 
information deleted and the exemption under which a deletion is made on 
the released portion of the record, unless including that indication 
would harm an interest protected by the exemption;
* * * * *
    (5) A statement of the right to seek dispute resolution services 
from NCD's FOIA Public Liaison and the Office of Government Information 
Services.
    (c) Consultation, referral, and coordination. When reviewing 
records located by the Council in response to a request, the Council 
shall determine whether another agency of the Federal Government or 
entity is better able to determine whether the record is exempt from 
disclosure under the FOIA and, if so, whether it should be released as 
a matter of discretion. * * *
* * * * *

0
4. Amend Sec.  10000.7 by revising paragraph (a), the first sentence of 
paragraph (b), and the fifth sentence of paragraph (c) to read as 
follows:


Sec.  10000.7  Administrative appeals.

    (a) You may appeal an adverse determination related to your FOIA 
request, or the Council's failure to respond to your FOIA request 
within the prescribed time limits, by email at FOIA@ncd.gov, or write 
to the Executive Director, National Council on Disability, 1331 F 
Street NW., Suite 850, Washington, DC 20004.
    (b) Your appeal must be in writing and must be postmarked or 
electronically received by the Executive Director within 90 days of the 
date of the letter denying your request, in whole or in part. * * *
    (c) * * * A requester may also seek dispute resolution services 
from NCD's FOIA Public Liaison and OGIS. * * *
0
5. Amend Sec.  10000.8 by revising the first sentence of paragraph 
(h)(4) to read as follows.


Sec.  10000.8  Timeframe for Council's response to a FOIA request or 
administrative appeal.

* * * * *
    (h) * * *
    (4) The Chief FOIA Officer will decide whether to grant or deny 
your request for expedited processing and notify the requester within 
ten calendar days of receipt. * * *

    Dated: December 14, 2016.
Rebecca Cokley,
Executive Director.
[FR Doc. 2016-30475 Filed 12-21-16; 8:45 am]
 BILLING CODE 8421-03-P