Revisions to the Freedom of Information Act Regulation, 93792-93795 [2016-30748]

Download as PDF 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 Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations ACTION: Interim final rule with request for comments. Alexandria, VA 22314, or telephone: (703) 518–6540. The NCUA Board (Board) is revising its Freedom of Information Act (FOIA) regulation. The FOIA Improvement Act of 2016 amended the FOIA and requires agencies to review their FOIA regulations and issue certain specified amendments by December 27, 2016. Specifically, the regulatory amendments include new procedures for disclosing records under the FOIA, assessing fees, and notifying requestors of options for resolving disputes through the NCUA FOIA Public Liaison and the Office of Government Information Services (OGIS) within the National Archives and Records Administration. SUPPLEMENTARY INFORMATION: SUMMARY: This interim final rule is effective December 22, 2016. Comments must be received on or before January 23, 2017. ADDRESSES: You may submit comments by any of the following methods (Please send comments by one method only): • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • NCUA Web site: https:// www.ncua.gov/regulation-supervision/ Pages/rules/proposed.aspx. Follow the instructions for submitting comments. • Email: Address to regcomments@ ncua.gov. Include ‘‘[Your name] Comments on ‘‘Revisions to the Freedom of Information Act Regulation’’ in the email subject line. • Fax: (703) 518–6319. Use the subject line described above for email. • Mail: Address to Gerard Poliquin, Secretary of the Board, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314– 3428. • Hand Delivery/Courier: Same as mail address. Public Inspection: All public comments are available on the agency’s Web site at http://www.ncua.gov/ RegulationsOpinionsLaws/comments as submitted, except as may not be possible for technical reasons. Public comments will not be edited to remove any identifying or contact information. Paper copies of comments may be inspected in NCUA’s law library at 1775 Duke Street, Alexandria, Virginia 22314, by appointment weekdays between 9:00 a.m. and 3:00 p.m. To make an appointment, call (703) 518–6546 or send an email to OGCMail@ncua.gov. FOR FURTHER INFORMATION CONTACT: Regina Metz, Senior Staff Attorney, or Linda Dent, Associate General Counsel, Administrative Law Section, Office of General Counsel, at 1775 Duke Street, Lhorne on DSK30JT082PROD with RULES DATES: VerDate Sep<11>2014 15:15 Dec 21, 2016 Jkt 241001 I. Legal Background and Regulatory Changes NCUA publishes its FOIA regulations at part 792, subpart A of the agency’s regulations.1 NCUA’s current FOIA regulations address: (1) Types of agency records; (2) their availability or exemption from release; (3) procedures for requesting access to records; (4) processing times; (5) fees; (6) appeals; and (7) handling of FOIA requests involving confidential commercial information. The FOIA Improvement Act of 2016 2 (Act) was signed into law by the President on June 30, 2016. The Act consists of several amendments to the FOIA affecting FOIA administration. The Act requires the Board to review NCUA’s FOIA regulations and revise procedures for the disclosure of records, including procedures for engaging in dispute resolution through the FOIA Public Liaison and the OGIS. Specifically, the Act requires that NCUA must make available to the public ‘‘in an electronic format’’ certain information that it previously only had to make available for copying. The Act amends FOIA exemption 5 to provide that ‘‘the deliberative process privilege shall not apply to records created 25 years or more before the date on which the records were requested.’’ In addition, the Act prohibits NCUA from charging certain fees to FOIA requesters if it does not respond to them within 20 business days, unless it provides timely notice that unusual circumstances apply, in which case it can take up to 10 extra days, or more if there are more than 5,000 pages necessary to respond to the request. However, the Act permits NCUA to charge certain fees to FOIA requesters if a court has determined exceptional circumstances exist. Furthermore, the Act requires that NCUA must include in its written FOIA responses the right of requesters to seek assistance from the NCUA FOIA Public Liaison. Moreover, for adverse determinations, the requester will have the right to appeal the initial decision for 90 days (previously 30 days); and the right to seek dispute resolution services from the NCUA FOIA Public Liaison or the OGIS. Accordingly, the Board is making the above required regulatory changes to the FOIA regulation. 1 12 CFR part 792. Law 114–185, 130 Stat. 538. 2 Public PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 93793 II. Regulatory Procedures A. Interim Final Rule Under the Administrative Procedure Act (APA) The Board finds that notice-andcomment rulemaking in this instance would be impracticable and unnecessary under the APA because of: (1) The legislative directive for federal agencies to issue interim final regulations; (2) the procedural nature of the Act which affords federal agencies limited discretion in promulgating their rules; and (3) the statutory deadlines imposed by Congress for issuing this regulation. In these circumstances, the Board finds good cause to issue an interim final rule without issuing a notice of proposed rulemaking. Accordingly, this interim final rule is issued without prior notice. However, the Board invites comments on all aspects of the interim final rule. The interim final rule will become effective immediately upon publication in the Federal Register. The Board will review and consider all comments before issuing a final rule. B. Paperwork Reduction Act In accordance with the requirements of the Paperwork Reduction Act (PRA) of 1995,3 the Board has reviewed the interim final rule and determined it does not contain or modify a collection of information subject to the PRA. C. Regulatory Flexibility Act The Regulatory Flexibility Act requires NCUA to prepare an analysis to describe any significant economic impact a rule may have on a substantial number of small credit unions (those under $100 million in assets). This interim final rule does not impose any requirements on federally insured credit unions. Therefore, it will not have a significant economic impact on a substantial number of small credit unions and a regulatory flexibility analysis is not required. Because this interim final rule would affect few, if any, small entities, the Board certifies that the interim final rule will not have a significant economic impact on small entities. D. Executive Order 13132 Executive Order 13132 encourages independent regulatory agencies to consider the impact of their actions on state and local interests. In adherence to fundamental federalism principles, NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies with the executive order. The interim final rule would not 3 44 E:\FR\FM\22DER1.SGM U.S.C. 3506; 5 CFR part 1320 Appendix A.1. 22DER1 93794 Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations have substantial direct effects on the states, on the connection between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. NCUA has determined that this interim final rule does not constitute a policy that has federalism implications for purposes of the executive order. E. The Treasury and General Government Appropriations Act, 1999— Assessment of Federal Regulations and Policies on Families NCUA has determined that this interim final rule would not affect family well-being within the meaning of section 654 of the Treasury and General Government Appropriations Act of 1999.4 F. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) provides generally for congressional review of agency rules. A reporting requirement is triggered in instances where the Board issues a final rule as defined by Section 551 of the APA. The Board has submitted this interim final rule to the Office of Management and Budget for it to determine whether it is a ‘‘major rule’’ within the meaning of the relevant sections of SBREFA. List of Subjects in 12 CFR Part 792 Administrative practice and procedure, Credit unions, Freedom of Information, Information, Privacy, Records, System of records. By the National Credit Union Administration Board on December 15, 2016. Gerard Poliquin, Secretary of the Board. For the reasons stated above, the National Credit Union Administration amends 12 CFR part 792 as follows: PART 792—REQUESTS FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT AND PRIVACY ACT, AND BY SUBPOENA; SECURITY PROCEDURES FOR CLASSIFIED INFORMATION 1. Revise the authority citation for part 792 to read as follows: Lhorne on DSK30JT082PROD with RULES ■ Authority: 5 U.S.C. 301, 552, 552a, 552b; 12 U.S.C. 1752a(d), 1766, 1789, 1795f; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p.235; E.O. 13526, 75 FR 707, 2009 Comp. p.298. 4 Public Law 105–277, 112 Stat. 2681. VerDate Sep<11>2014 15:15 Dec 21, 2016 Jkt 241001 2. In § 792.02, revise the introductory text and paragraph (d) to read as follows: ■ § 792.02 What records does NCUA make available to the public for inspection and copying? Except for records that are exempt from public disclosure under FOIA as amended (5 U.S.C. 552) or are promptly published and copies are available for purchase, NCUA routinely makes the following five types of records available for you to inspect and copy and in an electronic format: * * * * * (d) Copies of all records, regardless of form or format, which have been released after March 31, 1997, in response to a FOIA request and which, because of the nature of their subject matter, NCUA determines have been or are likely to become the subject of subsequent requests; or records that have been requested three (3) or more times; and * * * * * ■ 3. In § 792.03, revise the introductory text and paragraph (c) to read as follows: § 792.03 How will I know which records to request? NCUA maintains current indices providing identifying information for the public for any matter referred to in § 792.02, issued, adopted, or promulgated after July 4, 1967. The listing of material in an index is for the convenience of possible users and does not constitute a determination that all of the items listed will be disclosed. NCUA has determined that publication of the indices is unnecessary and impractical. You may obtain copies of indices by making a request to the NCUA, Office of General Counsel, 1775 Duke Street, Alexandria, VA 22314–2387, Attn: FOIA Officer or as indicated on the NCUA Web site at www.ncua.gov. The indices are available for public inspection and copying, provided at their duplication cost, and in an electronic format. The indices are: * * * * * (c) Popular FOIA Index: Records released in response to a FOIA request, that NCUA determines are likely to be the subject of subsequent requests because of the nature of their subject matter, or records that have been requested three (3) or more times. The Popular FOIA Index is available on the NCUA Web site. ■ 4. In § 792.10, revise paragraph (e) to read as follows: § 792.10 What will NCUA do with my request? * PO 00000 * * Frm 00004 * Fmt 4700 * Sfmt 4700 (e) Upon a determination by the appropriate Information Center to comply with your initial request for records, the records will be made promptly available to you. NCUA will also advise the requester of the right to seek assistance from the FOIA Public Liaison. If we notify you of a denial of your request, we will include the reason for the denial. NCUA will also advise the requester of the right to utilize dispute resolution services offered by the FOIA Public Liaison and the Office of Government Information Services. * * * * * ■ 5. In § 792.11, revise paragraph (a)(5) to read as follows: § 792.11 What kinds of records are exempt from public disclosure? (a)* * * (5) Inter-agency or intra-agency memoranda or letters which would not be available by law to a private party in litigation with NCUA. This exemption preserves the existing freedom of NCUA officials and employees to engage in full and frank written or taped communications with each other and with officials and employees of other agencies. It includes, but is not limited to, inter-agency and intra-agency reports, memoranda, letters, correspondence, work papers, and minutes of meetings, as well as staff papers prepared for use within NCUA or in concert with other governmental agencies. In applying this exemption, the NCUA will not withhold records based on the deliberative process privilege if the records were created 25 years or more before the date on which the records were requested. * * * * * ■ 6. In § 792.15, revise paragraph (b)(2) to read as follows: § 792.15 How long will it take to process my request? * * * * * (b) * * * (2) Such alternative time period as mutually agreed by you and the Information Office, when NCUA notifies you that the request cannot be processed in the specified time limit. In such cases, NCUA will make available its FOIA Public Liaison and notify the requester of the right to seek dispute resolution services from the Office of Government Information Services. ■ 7. In § 792.16, revise paragraph (c) to read as follows: § 792.16 What unusual circumstances can delay NCUA’s response? * * * * * (c) If NCUA sends you an extension notice, it will also advise you that you E:\FR\FM\22DER1.SGM 22DER1 Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations can either limit the scope of your request so that it can be processed within the statutory time limit or agree to an alternative time frame for processing your request. In such cases, NCUA will make available its FOIA Public Liaison and notify the requester of the right to seek dispute resolution services from the Office of Government Information Services. ■ 8. Revise § 792.17 to read as follows: § 792.17 What can I do if the time limit passes and I still have not received a response? Lhorne on DSK30JT082PROD with RULES (a) If NCUA does not comply with the time limits under § 792.15, or as extended under § 792.16, you do not have to pay search fees; requesters qualifying for free search fees will not have to pay duplication fees. However, if NCUA has extended the time limits under § 792.16 and more than 5,000 pages are necessary to respond to the request, NCUA may charge you search fees (or for requesters qualifying for free search fees, duplication fees), if NCUA has discussed with you via written mail, electronic mail, or telephone (or made not less than 3 good-faith attempts to do so) how you could effectively limit the scope of the request. (b) You can seek assistance from the FOIA Public Liaison or dispute resolution services from the Office of Government Information Services. You also can file suit against NCUA because you will be deemed to have exhausted your administrative remedies if NCUA fails to comply with the time limit provisions of this subpart. If NCUA can show that exceptional circumstances exist and that it is exercising due diligence in responding to your request, the court may retain jurisdiction and allow NCUA to complete its review of the records. You may have to pay search or duplication fees if a court has determined that exceptional circumstances exist and has extended the time limits for NCUA’s response by a court order. In determining whether exceptional circumstances exist, the court may consider your refusal to modify the scope of your request or arrange an alternative time frame for processing after being given the opportunity to do so by NCUA, when it notifies you of the existence of unusual circumstances as set forth in § 792.16. ■ 9. In § 792.28, revise the introductory text to read as follows: § 792.28 What if I am not satisfied with the response I receive? If you are not satisfied with NCUA’s response to your request, you can seek dispute resolution services from the FOIA Public Liaison and the Office of VerDate Sep<11>2014 15:15 Dec 21, 2016 Jkt 241001 Government Information Services, and you can file an administrative appeal. Your appeal must be in writing and must be filed within 90 days from receipt of the initial determination (in cases of denials of the entire request or denials of a fee waiver or reduction), or from receipt of any records being made available pursuant to the initial determination (in cases of partial denials). In the response to your initial request, the Freedom of Information Act Officer or the Inspector General (or designee), will notify you that you may appeal any adverse determination to the Office of General Counsel. The General Counsel, or designee, as set forth in this paragraph, will: * * * * * [FR Doc. 2016–30748 Filed 12–21–16; 8:45 am] BILLING CODE 7535–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2015–7531; Directorate Identifier 2015–NM–052–AD; Amendment 39–18747; AD 2016–25–21] RIN 2120–AA64 Airworthiness Directives The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 787–8 airplanes. This AD was prompted by reports of electrical shorts of the motor stator wiring burning a hole through the housing of the motor of the cabin air compressor (CAC). This AD requires installing modified inboard and outboard CAC modules on the left-hand (LH) side and right-hand (RH) side cabin air conditioning and temperature control system (CACTCS) packs. We are issuing this AD to prevent the unsafe condition on these products. DATES: This AD is effective January 26, 2017. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 26, 2017. ADDRESSES: For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740; telephone 562–797–1717; Internet SUMMARY: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 93795 https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. It is also available on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2015– 7531. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2015– 7531; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Eric Brown, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM–150S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057– 3356; phone: 425–917–6476; fax: 425– 917–6590; email: eric.m.brown@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 787–8 airplanes. The NPRM published in the Federal Register on December 29, 2015 (80 FR 81220) (‘‘the NPRM’’). The NPRM was prompted by reports of electrical shorts of the motor stator wiring burning a hole through the housing of the motor of the CAC. The NPRM proposed to require installing modified inboard and outboard CAC modules on the LH side and RH side CACTCS packs. We are issuing this AD to prevent an electrical short from burning through the housing of the motor of the CAC. This condition, in combination with flammable fuel vapors, could result in a fire in the pack bay and consequent reduced controllability of the airplane. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments E:\FR\FM\22DER1.SGM 22DER1

Agencies

[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Rules and Regulations]
[Pages 93792-93795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30748]


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NATIONAL CREDIT UNION ADMINISTRATION

12 CFR Part 792

RIN 3133-AD44


Revisions to the Freedom of Information Act Regulation

AGENCY: National Credit Union Administration (NCUA).

[[Page 93793]]


ACTION: Interim final rule with request for comments.

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SUMMARY: The NCUA Board (Board) is revising its Freedom of Information 
Act (FOIA) regulation. The FOIA Improvement Act of 2016 amended the 
FOIA and requires agencies to review their FOIA regulations and issue 
certain specified amendments by December 27, 2016. Specifically, the 
regulatory amendments include new procedures for disclosing records 
under the FOIA, assessing fees, and notifying requestors of options for 
resolving disputes through the NCUA FOIA Public Liaison and the Office 
of Government Information Services (OGIS) within the National Archives 
and Records Administration.

DATES: This interim final rule is effective December 22, 2016. Comments 
must be received on or before January 23, 2017.

ADDRESSES: You may submit comments by any of the following methods 
(Please send comments by one method only):
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     NCUA Web site: https://www.ncua.gov/regulation-supervision/Pages/rules/proposed.aspx. Follow the instructions for 
submitting comments.
     Email: Address to regcomments@ncua.gov. Include ``[Your 
name] Comments on ``Revisions to the Freedom of Information Act 
Regulation'' in the email subject line.
     Fax: (703) 518-6319. Use the subject line described above 
for email.
     Mail: Address to Gerard Poliquin, Secretary of the Board, 
National Credit Union Administration, 1775 Duke Street, Alexandria, 
Virginia 22314-3428.
     Hand Delivery/Courier: Same as mail address.
    Public Inspection: All public comments are available on the 
agency's Web site at http://www.ncua.gov/RegulationsOpinionsLaws/comments as submitted, except as may not be possible for technical 
reasons. Public comments will not be edited to remove any identifying 
or contact information. Paper copies of comments may be inspected in 
NCUA's law library at 1775 Duke Street, Alexandria, Virginia 22314, by 
appointment weekdays between 9:00 a.m. and 3:00 p.m. To make an 
appointment, call (703) 518-6546 or send an email to OGCMail@ncua.gov.

FOR FURTHER INFORMATION CONTACT: Regina Metz, Senior Staff Attorney, or 
Linda Dent, Associate General Counsel, Administrative Law Section, 
Office of General Counsel, at 1775 Duke Street, Alexandria, VA 22314, 
or telephone: (703) 518-6540.

SUPPLEMENTARY INFORMATION: 

I. Legal Background and Regulatory Changes

    NCUA publishes its FOIA regulations at part 792, subpart A of the 
agency's regulations.\1\ NCUA's current FOIA regulations address: (1) 
Types of agency records; (2) their availability or exemption from 
release; (3) procedures for requesting access to records; (4) 
processing times; (5) fees; (6) appeals; and (7) handling of FOIA 
requests involving confidential commercial information.
---------------------------------------------------------------------------

    \1\ 12 CFR part 792.
---------------------------------------------------------------------------

    The FOIA Improvement Act of 2016 \2\ (Act) was signed into law by 
the President on June 30, 2016. The Act consists of several amendments 
to the FOIA affecting FOIA administration. The Act requires the Board 
to review NCUA's FOIA regulations and revise procedures for the 
disclosure of records, including procedures for engaging in dispute 
resolution through the FOIA Public Liaison and the OGIS.
---------------------------------------------------------------------------

    \2\ Public Law 114-185, 130 Stat. 538.
---------------------------------------------------------------------------

    Specifically, the Act requires that NCUA must make available to the 
public ``in an electronic format'' certain information that it 
previously only had to make available for copying. The Act amends FOIA 
exemption 5 to provide that ``the deliberative process privilege shall 
not apply to records created 25 years or more before the date on which 
the records were requested.'' In addition, the Act prohibits NCUA from 
charging certain fees to FOIA requesters if it does not respond to them 
within 20 business days, unless it provides timely notice that unusual 
circumstances apply, in which case it can take up to 10 extra days, or 
more if there are more than 5,000 pages necessary to respond to the 
request. However, the Act permits NCUA to charge certain fees to FOIA 
requesters if a court has determined exceptional circumstances exist. 
Furthermore, the Act requires that NCUA must include in its written 
FOIA responses the right of requesters to seek assistance from the NCUA 
FOIA Public Liaison. Moreover, for adverse determinations, the 
requester will have the right to appeal the initial decision for 90 
days (previously 30 days); and the right to seek dispute resolution 
services from the NCUA FOIA Public Liaison or the OGIS. Accordingly, 
the Board is making the above required regulatory changes to the FOIA 
regulation.

II. Regulatory Procedures

A. Interim Final Rule Under the Administrative Procedure Act (APA)

    The Board finds that notice-and-comment rulemaking in this instance 
would be impracticable and unnecessary under the APA because of: (1) 
The legislative directive for federal agencies to issue interim final 
regulations; (2) the procedural nature of the Act which affords federal 
agencies limited discretion in promulgating their rules; and (3) the 
statutory deadlines imposed by Congress for issuing this regulation. In 
these circumstances, the Board finds good cause to issue an interim 
final rule without issuing a notice of proposed rulemaking.
    Accordingly, this interim final rule is issued without prior 
notice. However, the Board invites comments on all aspects of the 
interim final rule. The interim final rule will become effective 
immediately upon publication in the Federal Register. The Board will 
review and consider all comments before issuing a final rule.

B. Paperwork Reduction Act

    In accordance with the requirements of the Paperwork Reduction Act 
(PRA) of 1995,\3\ the Board has reviewed the interim final rule and 
determined it does not contain or modify a collection of information 
subject to the PRA.
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    \3\ 44 U.S.C. 3506; 5 CFR part 1320 Appendix A.1.
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C. Regulatory Flexibility Act

    The Regulatory Flexibility Act requires NCUA to prepare an analysis 
to describe any significant economic impact a rule may have on a 
substantial number of small credit unions (those under $100 million in 
assets). This interim final rule does not impose any requirements on 
federally insured credit unions. Therefore, it will not have a 
significant economic impact on a substantial number of small credit 
unions and a regulatory flexibility analysis is not required. Because 
this interim final rule would affect few, if any, small entities, the 
Board certifies that the interim final rule will not have a significant 
economic impact on small entities.

D. Executive Order 13132

    Executive Order 13132 encourages independent regulatory agencies to 
consider the impact of their actions on state and local interests. In 
adherence to fundamental federalism principles, NCUA, an independent 
regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies 
with the executive order. The interim final rule would not

[[Page 93794]]

have substantial direct effects on the states, on the connection 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government. 
NCUA has determined that this interim final rule does not constitute a 
policy that has federalism implications for purposes of the executive 
order.

E. The Treasury and General Government Appropriations Act, 1999--
Assessment of Federal Regulations and Policies on Families

    NCUA has determined that this interim final rule would not affect 
family well-being within the meaning of section 654 of the Treasury and 
General Government Appropriations Act of 1999.\4\
---------------------------------------------------------------------------

    \4\ Public Law 105-277, 112 Stat. 2681.
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F. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) provides generally for congressional review of agency rules. A 
reporting requirement is triggered in instances where the Board issues 
a final rule as defined by Section 551 of the APA. The Board has 
submitted this interim final rule to the Office of Management and 
Budget for it to determine whether it is a ``major rule'' within the 
meaning of the relevant sections of SBREFA.

List of Subjects in 12 CFR Part 792

    Administrative practice and procedure, Credit unions, Freedom of 
Information, Information, Privacy, Records, System of records.

    By the National Credit Union Administration Board on December 
15, 2016.
Gerard Poliquin,
Secretary of the Board.

    For the reasons stated above, the National Credit Union 
Administration amends 12 CFR part 792 as follows:

PART 792--REQUESTS FOR INFORMATION UNDER THE FREEDOM OF INFORMATION 
ACT AND PRIVACY ACT, AND BY SUBPOENA; SECURITY PROCEDURES FOR 
CLASSIFIED INFORMATION

0
1. Revise the authority citation for part 792 to read as follows:

    Authority:  5 U.S.C. 301, 552, 552a, 552b; 12 U.S.C. 1752a(d), 
1766, 1789, 1795f; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., 
p.235; E.O. 13526, 75 FR 707, 2009 Comp. p.298.


0
2. In Sec.  792.02, revise the introductory text and paragraph (d) to 
read as follows:


Sec.  792.02  What records does NCUA make available to the public for 
inspection and copying?

    Except for records that are exempt from public disclosure under 
FOIA as amended (5 U.S.C. 552) or are promptly published and copies are 
available for purchase, NCUA routinely makes the following five types 
of records available for you to inspect and copy and in an electronic 
format:
* * * * *
    (d) Copies of all records, regardless of form or format, which have 
been released after March 31, 1997, in response to a FOIA request and 
which, because of the nature of their subject matter, NCUA determines 
have been or are likely to become the subject of subsequent requests; 
or records that have been requested three (3) or more times; and
* * * * *

0
3. In Sec.  792.03, revise the introductory text and paragraph (c) to 
read as follows:


Sec.  792.03  How will I know which records to request?

    NCUA maintains current indices providing identifying information 
for the public for any matter referred to in Sec.  792.02, issued, 
adopted, or promulgated after July 4, 1967. The listing of material in 
an index is for the convenience of possible users and does not 
constitute a determination that all of the items listed will be 
disclosed. NCUA has determined that publication of the indices is 
unnecessary and impractical. You may obtain copies of indices by making 
a request to the NCUA, Office of General Counsel, 1775 Duke Street, 
Alexandria, VA 22314-2387, Attn: FOIA Officer or as indicated on the 
NCUA Web site at www.ncua.gov. The indices are available for public 
inspection and copying, provided at their duplication cost, and in an 
electronic format. The indices are:
* * * * *
    (c) Popular FOIA Index: Records released in response to a FOIA 
request, that NCUA determines are likely to be the subject of 
subsequent requests because of the nature of their subject matter, or 
records that have been requested three (3) or more times. The Popular 
FOIA Index is available on the NCUA Web site.

0
4. In Sec.  792.10, revise paragraph (e) to read as follows:


Sec.  792.10  What will NCUA do with my request?

* * * * *
    (e) Upon a determination by the appropriate Information Center to 
comply with your initial request for records, the records will be made 
promptly available to you. NCUA will also advise the requester of the 
right to seek assistance from the FOIA Public Liaison. If we notify you 
of a denial of your request, we will include the reason for the denial. 
NCUA will also advise the requester of the right to utilize dispute 
resolution services offered by the FOIA Public Liaison and the Office 
of Government Information Services.
* * * * *

0
5. In Sec.  792.11, revise paragraph (a)(5) to read as follows:


Sec.  792.11  What kinds of records are exempt from public disclosure?

    (a)* * *
    (5) Inter-agency or intra-agency memoranda or letters which would 
not be available by law to a private party in litigation with NCUA. 
This exemption preserves the existing freedom of NCUA officials and 
employees to engage in full and frank written or taped communications 
with each other and with officials and employees of other agencies. It 
includes, but is not limited to, inter-agency and intra-agency reports, 
memoranda, letters, correspondence, work papers, and minutes of 
meetings, as well as staff papers prepared for use within NCUA or in 
concert with other governmental agencies. In applying this exemption, 
the NCUA will not withhold records based on the deliberative process 
privilege if the records were created 25 years or more before the date 
on which the records were requested.
* * * * *

0
6. In Sec.  792.15, revise paragraph (b)(2) to read as follows:


Sec.  792.15  How long will it take to process my request?

* * * * *
    (b) * * *
    (2) Such alternative time period as mutually agreed by you and the 
Information Office, when NCUA notifies you that the request cannot be 
processed in the specified time limit. In such cases, NCUA will make 
available its FOIA Public Liaison and notify the requester of the right 
to seek dispute resolution services from the Office of Government 
Information Services.

0
7. In Sec.  792.16, revise paragraph (c) to read as follows:


Sec.  792.16  What unusual circumstances can delay NCUA's response?

* * * * *
    (c) If NCUA sends you an extension notice, it will also advise you 
that you

[[Page 93795]]

can either limit the scope of your request so that it can be processed 
within the statutory time limit or agree to an alternative time frame 
for processing your request. In such cases, NCUA will make available 
its FOIA Public Liaison and notify the requester of the right to seek 
dispute resolution services from the Office of Government Information 
Services.

0
8. Revise Sec.  792.17 to read as follows:


Sec.  792.17  What can I do if the time limit passes and I still have 
not received a response?

    (a) If NCUA does not comply with the time limits under Sec.  
792.15, or as extended under Sec.  792.16, you do not have to pay 
search fees; requesters qualifying for free search fees will not have 
to pay duplication fees. However, if NCUA has extended the time limits 
under Sec.  792.16 and more than 5,000 pages are necessary to respond 
to the request, NCUA may charge you search fees (or for requesters 
qualifying for free search fees, duplication fees), if NCUA has 
discussed with you via written mail, electronic mail, or telephone (or 
made not less than 3 good-faith attempts to do so) how you could 
effectively limit the scope of the request.
    (b) You can seek assistance from the FOIA Public Liaison or dispute 
resolution services from the Office of Government Information Services. 
You also can file suit against NCUA because you will be deemed to have 
exhausted your administrative remedies if NCUA fails to comply with the 
time limit provisions of this subpart. If NCUA can show that 
exceptional circumstances exist and that it is exercising due diligence 
in responding to your request, the court may retain jurisdiction and 
allow NCUA to complete its review of the records. You may have to pay 
search or duplication fees if a court has determined that exceptional 
circumstances exist and has extended the time limits for NCUA's 
response by a court order. In determining whether exceptional 
circumstances exist, the court may consider your refusal to modify the 
scope of your request or arrange an alternative time frame for 
processing after being given the opportunity to do so by NCUA, when it 
notifies you of the existence of unusual circumstances as set forth in 
Sec.  792.16.

0
9. In Sec.  792.28, revise the introductory text to read as follows:


Sec.  792.28  What if I am not satisfied with the response I receive?

    If you are not satisfied with NCUA's response to your request, you 
can seek dispute resolution services from the FOIA Public Liaison and 
the Office of Government Information Services, and you can file an 
administrative appeal. Your appeal must be in writing and must be filed 
within 90 days from receipt of the initial determination (in cases of 
denials of the entire request or denials of a fee waiver or reduction), 
or from receipt of any records being made available pursuant to the 
initial determination (in cases of partial denials). In the response to 
your initial request, the Freedom of Information Act Officer or the 
Inspector General (or designee), will notify you that you may appeal 
any adverse determination to the Office of General Counsel. The General 
Counsel, or designee, as set forth in this paragraph, will:
* * * * *
[FR Doc. 2016-30748 Filed 12-21-16; 8:45 am]
 BILLING CODE 7535-01-P