Changes to Procedures for the Freedom of Information Act, 95069-95071 [2016-30905]
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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules
10.115). The revised draft guidance,
when finalized, will represent the
current thinking of FDA on this topic.
It does not establish any rights for any
person and is not binding on FDA or the
public. You can use an alternate
approach if it satisfies the requirements
of the applicable statutes and
regulations.
On October 10, 2003, FDA issued an
interim final rule (68 FR 58893) to
implement amendments to the FD&C
Act made by the Public Health Security
and Bioterrorism Preparedness and
Response Act of 2002 (Pub. L. 107–188).
Section 415 of the FD&C Act (21 U.S.C.
350d) requires domestic and foreign
facilities that manufacture, process,
pack, or hold food for human or animal
consumption in the United States to
register with FDA by December 12,
2003. Section 102 of the FDA Food
Safety Modernization Act (FSMA) (Pub.
L. 111–353), enacted on January 4, 2011,
amended section 415 of the FD&C Act
to, among other things, require facilities
engaged in manufacturing, processing,
packing, or holding food for
consumption in the United States to
submit additional registration
information to FDA. Section 102 of
FSMA also directed FDA to amend the
definition of ‘‘retail food establishment’’
in 21 CFR 1.227. On July 14, 2016, FDA
issued a final rule (Registration Final
Rule) to amend and update FDA’s
registration regulation and implement
the FSMA revisions (81 FR 45912; July
14, 2016).
This revised draft guidance was
developed to answer frequently asked
questions relating to the registration
requirements of section 415 of the FD&C
Act. The first edition of the guidance
was issued as Level 2 guidance
consistent with our good guidance
practices regulation (21 CFR 10.115) and
was made available on FDA’s Web site
on December 4, 2003. The second, third,
fourth, and fifth editions of the guidance
were issued as Level 1 guidance
documents under 21 CFR 10.115 and
were made available on FDA’s Web site
on January 12, 2004; February 17, 2004;
August 6, 2004; and December 17, 2012,
respectively. The sixth edition of the
guidance was issued as Level 1
guidance and included one additional
question and answer relating to a
proposed amendment to the ‘‘farm’’
definition in 21 CFR 1.227 (see 79 FR
58523; September 29, 2014). Since
publication of the sixth edition of the
guidance, we have issued the
Registration Final Rule. In addition, we
have issued the Current Good
Manufacturing Practice, Hazard
Analysis, and Risk-Based Preventive
Controls for Human Food final rule (80
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FR 55908; September 17, 2015) that,
among other things, revised the
definition of ‘‘farm’’ in 21 CFR 1.227.
We have also issued the Current Good
Manufacturing Practice, Hazard
Analysis, and Risk-Based Preventive
Controls for Food for Animals final rule
(80 FR 56169; September 17, 2015). We
are issuing a seventh edition of the
guidance to add information relating to
the Registration Final Rule and the
revised ‘‘farm’’ definition, as well as to
address questions received from
stakeholders since publication of the
sixth edition.
This edition of the guidance also
revises information in existing questions
and answers, removes some questions
and answers, and makes editorial
changes (e.g., we reorganized existing
questions and answers) to improve
clarity. For the revised questions and
answers, we are not adding a date
indicating when the questions and
answers were revised. As in the
previous editions, the following
indicators are used to help users
identify revisions: (1) The guidance is
identified as a revision of a previously
issued document; (2) the revision date
appears on the cover of the guidance; (3)
the edition number of the guidance is
included in its title; and (4) questions
and answers that have been added since
the sixth edition are identified as such
in the body of the guidance.
On November 8, 2016, we announced
the availability of a draft guidance
entitled ‘‘Questions and Answers
Regarding Food Facility Registration
(Seventh Edition): Guidance for
Industry.’’ The draft guidance contained
15 sections of a multi-section guidance
intended to provide updated
information relating to the food facility
registration requirements of section 415
of the FD&C Act. We reserved two
sections in the draft guidance and stated
that we would issue a revised draft
guidance at a later date that would
include those reserved sections.
This revised draft guidance
supersedes the food facility registration
draft guidance that we issued in
November 2016. In the revised draft
guidance, we are including the 15
sections that were announced in the
Federal Register on November 8, 2016,
as well as including the two sections we
reserved, ‘‘Who is Exempt from
Registration?’’ and ‘‘Definitions,’’ from
the draft guidance. The revised draft
guidance also includes an additional
question and answer related to mobile
facilities in the section entitled ‘‘What
Information is Required in the
Registration?’’
We are inviting comments on the
revised draft guidance as a whole. As
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95069
FDA considers the development of the
final guidance, we will review
comments received on the revised draft
guidance, as well as the comments
received on the food facility registration
draft guidance we announced on
November 8, 2016.
II. Electronic Access
Persons with access to the Internet
may obtain the draft guidance at either
https://www.fda.gov/Food/
GuidanceRegulation/
FoodFacilityRegistration/default.htm or
https://www.regulations.gov. Use the
FDA Web site listed in the previous
sentence to find the most current
version of the guidance.
III. Paperwork Reduction Act of 1995
This draft guidance refers to
previously approved collections of
information found in FDA regulations.
These collections of information are
subject to review by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520). The collections
of information in 21 CFR 1.230 through
1.235 and 21 CFR 1.245 have been
approved under OMB control number
0910–0502.
Dated: December 21, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016–31193 Filed 12–23–16; 8:45 am]
BILLING CODE 4164–01–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3004
[Docket No. RM2017–2; Order No. 3671]
Changes to Procedures for the
Freedom of Information Act
Postal Regulatory Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Commission is initiating
a proceeding to revise its rules
governing requests for agency records
made under the Freedom of Information
Act (FOIA), in accordance in with the
FOIA Improvement Act of 2016, Public
Law 114–185, 130 Stat. 538. This notice
informs the public of the filing, invites
public comment, and takes other
administrative steps.
DATES: Comments are due on or before
January 26, 2017.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
SUMMARY:
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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules
section by
telephone for advice on filing
alternatives.
INFORMATION CONTACT
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Background
III. Proposed Rules
IV. Comments Requested
V. Ordering Paragraphs
I. Introduction
The Postal Regulatory Commission
(the Commission) proposes to revise its
rules governing requests for agency
records made under the Freedom of
Information Act (FOIA), 5 U.S.C. 552, in
accordance with the FOIA Improvement
Act of 2016 (the Act), Public Law 114–
185, 130 Stat. 538. Pursuant to section
3(a) of the Act, the head of each agency
‘‘shall review the regulations of such
agency and shall issue regulations on
procedures for the disclosure of records
under [FOIA]’’ to implement the Act
within 180 days of its enactment date.
The Commission hereby provides this
notice, in conformance with the Act’s
deadline, describing its proposed
changes and eliciting public comment.
II. Background
The Act was signed into law on June
30, 2016, and mandates that federal
agencies review and revise their
regulations by December 27, 2016.
Among other things, the Act expands
the dispute resolution process available
to requesters, limits the use of FOIA
exemptions, and codifies the so-called
‘‘Rule of 3’’ for frequently requested
records. In order to implement the Act,
the Commission must modify its FOIA
regulations, which are set out in 39 CFR
part 3004. The proposed modifications
are set forth below, along with a brief
description of the included changes.
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III. Proposed Rules
The rules requiring changes in this
notice of proposed rulemaking,
pursuant to the Act, are §§ 3004.2,
3004.9, 3004.11, 3004.13, 3004.43, and
3004.52.
Proposed § 3004.2 adds the duty to
identify and post frequently requested
records. Additionally, the modified rule
limits the Commission’s use of FOIA
exemptions. Under the revised section,
the Commission will only withhold
information if it ‘‘reasonably foresees’’
that disclosure will harm an interest
protected by an exemption or disclosure
is otherwise prohibited by law.
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Proposed § 3004.9 describes how to
file a FOIA request. This section is a
summary of basic information, added
for clarity purposes.
Proposed § 3004.11 applies a 25-year
sunset provision to the deliberative
process privilege, which exempts
certain inter-agency and intra-agency
memoranda and letters from FOIA.
Under the new rule, the deliberative
process privilege does not apply to
records created 25 years or more before
a records request.
Proposed § 3004.13 specifies that
frequently requested records will be
posted on the Commission’s Web site.
Proposed § 3004.43 states that the
Commission will offer the services of its
FOIA Public Liaison to assist the
requester and to provide dispute
resolution services if necessary.
Proposed § 3004.52 revises the
Commission’s rules for collecting fees
when the Commission cannot issue its
response during the initial 20-day
response period.
IV. Comments Requested
Interested persons are invited to
provide written comments concerning
the proposed rule. Comments are due no
later than 30 days after the date of
publication of this notice in the Federal
Register. All comments and suggestions
received will be available for review on
the Commission’s Web site, https://
www.prc.gov.
Pursuant to 39 U.S.C. 505, Laura
Zuber is appointed to serve as an officer
of the Commission (Public
Representative) to represent the
interests of the general public in the
above-captioned docket.
V. Ordering Paragraphs
It is ordered:
1. Docket No. RM2017–2 is
established for the purpose of amending
the Commission’s rules governing the
Freedom of Information Act.
2. Pursuant to 39 U.S.C. 505, Laura
Zuber is appointed to serve as an officer
of the Commission (Public
Representative) to represent the
interests of the general public in this
proceeding.
3. Interested persons may submit
initial comments no later than 30 days
from the date of publication of this
notice in the Federal Register.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
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By the Commission.
Stacy L. Ruble,
Secretary.
List of Subjects in 39 CFR Part 3004
Administrative practice and
procedure, Freedom of information,
Reporting and recordkeeping
requirements.
For the reasons stated in the
preamble, the Commission proposes to
amend chapter III of title 39 of the Code
of Federal Regulations as follows:
PART 3004—PUBLIC RECORDS AND
FREEDOM OF INFORMATION ACT
1. The authority citation for part 3004
continues to read as follows:
■
Authority: 5 U.S.C. 552; 39 U.S.C. 503.
■
2. Revise § 3004.2 to read as follows:
§ 3004.2
Presumption of openness.
(a) The Commission shall be proactive
and timely in identifying and posting
public records and other frequently
requested records to its Web site.
(b) It is the stated policy of the
Commission that FOIA requests shall be
administered with a clear presumption
of openness. The Commission will only
withhold information only if it
reasonably foresees that disclosure
would harm an interest protected by a
FOIA exemption, as enumerated in
§ 3004.11, or disclosure is otherwise
prohibited by law.
■ 3. Add § 3004.9 to read as follows:
§ 3004.9
How to make a request.
(a) To request Commission records,
please contact the Secretary of the
Commission via letter, telephone, or use
the online request form provided on the
Commission’s Web site at https://
www.prc.gov/foia/.
(b) Requests must describe the records
sought in sufficient detail to enable the
Commission to locate them with a
reasonable amount of effort. To the
extent possible, please provide any
specific information that might assist
the Commission in responding to the
request.
(c) Requesters must provide contact
information to assist the Commission in
communicating with them and
providing Commission records.
■ 4. Amend § 3004.11 by revising
paragraph (f) to read as follows:
§ 3004.11
Use of exemptions.
*
*
*
*
*
(f) Inter-agency or intra-agency
memoranda or letters that would not be
available by law to a party other than an
agency in litigation with the agency,
provided that the deliberative process
privilege shall not apply to records
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created 25 years or more before the date
on which the records were requested.
*
*
*
*
*
■ 5. Amend § 3004.13 by revising
paragraph (a) to read as follows:
§ 3004.13 Notice and publication of public
information.
(a) Decisions, advisory opinions,
orders, public reports, and frequently
requested agency records will be made
available to the public by posting on the
Commission’s Web site at https://
www.prc.gov.
*
*
*
*
*
■ 6. Amend § 3004.43 by revising
paragraph (a) and adding paragraph
(d)(4) to read as follows:
§ 3004.43
Response to requests.
(a) Within 20 days (excluding
Saturdays, Sundays and legal holidays)
after receipt of a request for a
Commission record, the Secretary or
Assistant Secretary will notify the
requester of its determination to grant or
deny the request and the right to seek
assistance from the Commission’s FOIA
Public Liaison.
*
*
*
*
*
(d) * * *
(4) The right to seek dispute
resolution services from the
Commission’s FOIA Public Liaison or
the Office of Government Information
Services.
*
*
*
*
*
■ 7. Revise § 3004.45 to read as follows:
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§ 3004.45
8. Amend § 3004.52 by revising
paragraph (e) and adding paragraph (f)
to read as follows:
■
§ 3004.52
Fees—general provisions.
*
*
*
*
*
(e) No requester will be charged a fee
after any search or response which
occurs after the applicable time limits as
described in §§ 3004.43 and 3004.44,
unless:
(1) The Commission extends the time
limit for its response due to unusual
circumstances, pursuant to § 3004.45(a),
and the Commission completes its
response within the extension of time
provided under that section; or
(2) The Commission extends the time
limit for its response due to unusual
circumstances, pursuant to § 3004.45(a),
and more than 5,000 pages are necessary
to respond to the request and the
Commission has discussed with the
requester how they could effectively
limit the scope of the request or made
at least three good faith attempts to do
so; or
(3) A court has determined that
exceptional circumstances exist and
excused the Commission from
responding by court order.
(f) The Commission may, however,
charge fees for a partial grant of a
request while it reviews records that
may be exempt and may be responsive
to the request, if it is made within the
applicable time limits.
[FR Doc. 2016–30905 Filed 12–23–16; 8:45 am]
BILLING CODE 7710–FW–P
Extension of response time limit.
(a) The Commission may extend the
time limit for a response to a request or
appeal for up to 10 business days due
to unusual circumstances, as specified
in 5 U.S.C. 552(a)(6)(B)(iii). In such a
case, the Commission will notify the
requester in writing of the unusual
circumstance causing the extension and
the date by which the Commission
estimates that the request can be
processed.
(b) If an extension will exceed 10
business days, the Commission will:
(1) Provide the requester with an
opportunity to limit the scope of the
request or to arrange an alternative
timeframe for processing the request or
a modified request. The applicable time
limits are not tolled while the
Commission waits for a response from
the requester under this subsection; and
(2) Make its FOIA Public Liaison
available to the requester and apprise
the requester of their right to seek
dispute resolution services from the
Office of Government Information
Services.
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POSTAL REGULATORY COMMISSION
39 CFR Part 3622
[Docket No. RM2017–3; Order No. 3673]
Statutory Review of the System for
Regulating Market Dominant Rates and
Classifications
Postal Regulatory Commission.
Advance notice of proposed
rulemaking.
AGENCY:
ACTION:
The Commission is initiating
a review to determine whether the
current system of regulating rates and
classes for market dominant products is
achieving the objectives, taking into
account the factors, established by
Congress under the Postal
Accountability and Enhancement Act of
2006. This advance notice informs the
public of the docket’s initiation, invites
public comment, and takes other
administrative steps.
DATES: Comments are due: March 20,
2017.
SUMMARY:
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95071
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Contents
I. Introduction
II. Scope of the Review
III. Review Framework
IV. Objectives
V. Notice of Commission Action
VI. Ordering Paragraphs
I. Introduction
On December 20, 2006, the Postal
Accountability and Enhancement Act
(PAEA) was signed into law.1 The PAEA
required that the Commission establish
a modern system of regulating rates and
classes for market dominant products.2
The PAEA also mandated that the
Commission review this system 10 years
later to determine if it is achieving the
objectives, taking into account the
factors, established by Congress.3 If the
Commission determines that the system
is not achieving the objectives, taking
into account the factors, the
Commission may, by regulation, make
modifications or adopt an alternative
system as necessary to achieve the
objectives. Id.
In accordance with 39 U.S.C. 3622,
this Notice and Order establishes the
beginning of the Commission’s statutory
review of the ratemaking system. Based
on the Commission’s analysis and
relevant information obtained through
this proceeding, the Commission will
determine if the objectives, taking into
account the factors, are being achieved
by the current system. If the
Commission finds that the objectives,
taking into account the factors, are not
being achieved, the Commission may
propose modifications to the system or
propose to adopt an alternative system
as necessary to achieve the objectives.
II. Scope of the Review 4
The Commission intends to examine
all aspects of the ratemaking system
1 Pub.
L. 109–435, 120 Stat. 3198 (2006).
U.S.C. 3622(a).
3 39 U.S.C. 3622(d)(3).
4 The Postal Service previously petitioned the
Commission to initiate a proceeding to clarify the
scope of the statutory review. See Docket No.
RM2016–9, Petition of the United States Postal
2 39
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]]>Agencies
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Proposed Rules]
[Pages 95069-95071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30905]
=======================================================================
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POSTAL REGULATORY COMMISSION
39 CFR Part 3004
[Docket No. RM2017-2; Order No. 3671]
Changes to Procedures for the Freedom of Information Act
AGENCY: Postal Regulatory Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Commission is initiating a proceeding to revise its rules
governing requests for agency records made under the Freedom of
Information Act (FOIA), in accordance in with the FOIA Improvement Act
of 2016, Public Law 114-185, 130 Stat. 538. This notice informs the
public of the filing, invites public comment, and takes other
administrative steps.
DATES: Comments are due on or before January 26, 2017.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at https://www.prc.gov. Those who cannot submit comments
electronically should contact the person identified in the FOR FURTHER
[[Page 95070]]
INFORMATION CONTACT section by telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at
202-789-6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Background
III. Proposed Rules
IV. Comments Requested
V. Ordering Paragraphs
I. Introduction
The Postal Regulatory Commission (the Commission) proposes to
revise its rules governing requests for agency records made under the
Freedom of Information Act (FOIA), 5 U.S.C. 552, in accordance with the
FOIA Improvement Act of 2016 (the Act), Public Law 114-185, 130 Stat.
538. Pursuant to section 3(a) of the Act, the head of each agency
``shall review the regulations of such agency and shall issue
regulations on procedures for the disclosure of records under [FOIA]''
to implement the Act within 180 days of its enactment date. The
Commission hereby provides this notice, in conformance with the Act's
deadline, describing its proposed changes and eliciting public comment.
II. Background
The Act was signed into law on June 30, 2016, and mandates that
federal agencies review and revise their regulations by December 27,
2016. Among other things, the Act expands the dispute resolution
process available to requesters, limits the use of FOIA exemptions, and
codifies the so-called ``Rule of 3'' for frequently requested records.
In order to implement the Act, the Commission must modify its FOIA
regulations, which are set out in 39 CFR part 3004. The proposed
modifications are set forth below, along with a brief description of
the included changes.
III. Proposed Rules
The rules requiring changes in this notice of proposed rulemaking,
pursuant to the Act, are Sec. Sec. 3004.2, 3004.9, 3004.11, 3004.13,
3004.43, and 3004.52.
Proposed Sec. 3004.2 adds the duty to identify and post frequently
requested records. Additionally, the modified rule limits the
Commission's use of FOIA exemptions. Under the revised section, the
Commission will only withhold information if it ``reasonably foresees''
that disclosure will harm an interest protected by an exemption or
disclosure is otherwise prohibited by law.
Proposed Sec. 3004.9 describes how to file a FOIA request. This
section is a summary of basic information, added for clarity purposes.
Proposed Sec. 3004.11 applies a 25-year sunset provision to the
deliberative process privilege, which exempts certain inter-agency and
intra-agency memoranda and letters from FOIA. Under the new rule, the
deliberative process privilege does not apply to records created 25
years or more before a records request.
Proposed Sec. 3004.13 specifies that frequently requested records
will be posted on the Commission's Web site.
Proposed Sec. 3004.43 states that the Commission will offer the
services of its FOIA Public Liaison to assist the requester and to
provide dispute resolution services if necessary.
Proposed Sec. 3004.52 revises the Commission's rules for
collecting fees when the Commission cannot issue its response during
the initial 20-day response period.
IV. Comments Requested
Interested persons are invited to provide written comments
concerning the proposed rule. Comments are due no later than 30 days
after the date of publication of this notice in the Federal Register.
All comments and suggestions received will be available for review on
the Commission's Web site, https://www.prc.gov.
Pursuant to 39 U.S.C. 505, Laura Zuber is appointed to serve as an
officer of the Commission (Public Representative) to represent the
interests of the general public in the above-captioned docket.
V. Ordering Paragraphs
It is ordered:
1. Docket No. RM2017-2 is established for the purpose of amending
the Commission's rules governing the Freedom of Information Act.
2. Pursuant to 39 U.S.C. 505, Laura Zuber is appointed to serve as
an officer of the Commission (Public Representative) to represent the
interests of the general public in this proceeding.
3. Interested persons may submit initial comments no later than 30
days from the date of publication of this notice in the Federal
Register.
4. The Secretary shall arrange for publication of this order in the
Federal Register.
By the Commission.
Stacy L. Ruble,
Secretary.
List of Subjects in 39 CFR Part 3004
Administrative practice and procedure, Freedom of information,
Reporting and recordkeeping requirements.
For the reasons stated in the preamble, the Commission proposes to
amend chapter III of title 39 of the Code of Federal Regulations as
follows:
PART 3004--PUBLIC RECORDS AND FREEDOM OF INFORMATION ACT
0
1. The authority citation for part 3004 continues to read as follows:
Authority: 5 U.S.C. 552; 39 U.S.C. 503.
0
2. Revise Sec. 3004.2 to read as follows:
Sec. 3004.2 Presumption of openness.
(a) The Commission shall be proactive and timely in identifying and
posting public records and other frequently requested records to its
Web site.
(b) It is the stated policy of the Commission that FOIA requests
shall be administered with a clear presumption of openness. The
Commission will only withhold information only if it reasonably
foresees that disclosure would harm an interest protected by a FOIA
exemption, as enumerated in Sec. 3004.11, or disclosure is otherwise
prohibited by law.
0
3. Add Sec. 3004.9 to read as follows:
Sec. 3004.9 How to make a request.
(a) To request Commission records, please contact the Secretary of
the Commission via letter, telephone, or use the online request form
provided on the Commission's Web site at https://www.prc.gov/foia/.
(b) Requests must describe the records sought in sufficient detail
to enable the Commission to locate them with a reasonable amount of
effort. To the extent possible, please provide any specific information
that might assist the Commission in responding to the request.
(c) Requesters must provide contact information to assist the
Commission in communicating with them and providing Commission records.
0
4. Amend Sec. 3004.11 by revising paragraph (f) to read as follows:
Sec. 3004.11 Use of exemptions.
* * * * *
(f) Inter-agency or intra-agency memoranda or letters that would
not be available by law to a party other than an agency in litigation
with the agency, provided that the deliberative process privilege shall
not apply to records
[[Page 95071]]
created 25 years or more before the date on which the records were
requested.
* * * * *
0
5. Amend Sec. 3004.13 by revising paragraph (a) to read as follows:
Sec. 3004.13 Notice and publication of public information.
(a) Decisions, advisory opinions, orders, public reports, and
frequently requested agency records will be made available to the
public by posting on the Commission's Web site at https://www.prc.gov.
* * * * *
0
6. Amend Sec. 3004.43 by revising paragraph (a) and adding paragraph
(d)(4) to read as follows:
Sec. 3004.43 Response to requests.
(a) Within 20 days (excluding Saturdays, Sundays and legal
holidays) after receipt of a request for a Commission record, the
Secretary or Assistant Secretary will notify the requester of its
determination to grant or deny the request and the right to seek
assistance from the Commission's FOIA Public Liaison.
* * * * *
(d) * * *
(4) The right to seek dispute resolution services from the
Commission's FOIA Public Liaison or the Office of Government
Information Services.
* * * * *
0
7. Revise Sec. 3004.45 to read as follows:
Sec. 3004.45 Extension of response time limit.
(a) The Commission may extend the time limit for a response to a
request or appeal for up to 10 business days due to unusual
circumstances, as specified in 5 U.S.C. 552(a)(6)(B)(iii). In such a
case, the Commission will notify the requester in writing of the
unusual circumstance causing the extension and the date by which the
Commission estimates that the request can be processed.
(b) If an extension will exceed 10 business days, the Commission
will:
(1) Provide the requester with an opportunity to limit the scope of
the request or to arrange an alternative timeframe for processing the
request or a modified request. The applicable time limits are not
tolled while the Commission waits for a response from the requester
under this subsection; and
(2) Make its FOIA Public Liaison available to the requester and
apprise the requester of their right to seek dispute resolution
services from the Office of Government Information Services.
0
8. Amend Sec. 3004.52 by revising paragraph (e) and adding paragraph
(f) to read as follows:
Sec. 3004.52 Fees--general provisions.
* * * * *
(e) No requester will be charged a fee after any search or response
which occurs after the applicable time limits as described in
Sec. Sec. 3004.43 and 3004.44, unless:
(1) The Commission extends the time limit for its response due to
unusual circumstances, pursuant to Sec. 3004.45(a), and the Commission
completes its response within the extension of time provided under that
section; or
(2) The Commission extends the time limit for its response due to
unusual circumstances, pursuant to Sec. 3004.45(a), and more than
5,000 pages are necessary to respond to the request and the Commission
has discussed with the requester how they could effectively limit the
scope of the request or made at least three good faith attempts to do
so; or
(3) A court has determined that exceptional circumstances exist and
excused the Commission from responding by court order.
(f) The Commission may, however, charge fees for a partial grant of
a request while it reviews records that may be exempt and may be
responsive to the request, if it is made within the applicable time
limits.
[FR Doc. 2016-30905 Filed 12-23-16; 8:45 am]
BILLING CODE 7710-FW-P
