Regulations Implementing the FOIA Improvement Act of 2016, 44-46 [2016-31521]
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Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Rules and Regulations
c. In paragraph (b), remove the word
‘‘grantee’’ wherever it appears and add
in its place the word ‘‘recipient’’;
■ d. In paragraphs (f), (g), (h)(1)(i) and
(ii), (h)(2)(iii), and (h)(3), remove the
word ‘‘grantee’’ wherever it appears and
add in its place the word ‘‘recipient’’;
■ e. In the paragraph (h)(1) heading,
remove the word ‘‘Grantee’’ and add in
its place the word ‘‘Recipient’’; and
■ f. In paragraph (h)(1)(i), remove the
word ‘‘grantee’s’’ and add in its place
the word ‘‘recipient’s’’.
The addition reads as follows:
■
§ 206.210 Dispute Resolution Pilot
Program.
*
*
*
*
*
(b) * * *
Recipient is used throughout this
regulation text and it refers to the
definition in FEMA’s regulations at 44
CFR 206.201(m).
*
*
*
*
*
§ 206.222
[Amended]
27. In § 206.222(b), remove the
reference ‘‘§ 205.221(e)’’ and add in
their place the reference ‘‘§ 206.221(e)’’.
■
§ 206.226
[Amended]
28. In § 206.226—
a. In paragraph (a)(2), remove the
word ‘‘grantees’’ and add in its place the
word ‘‘recipients’’;
■ b. In paragraph (b), remove the word
‘‘grantee’’ and add in its place the word
‘‘recipient’’; and
■ c. In paragraph (f)(2), remove the
words ‘‘paragraph (d)(1)’’ and add, in
their place, the words ‘‘paragraph
(f)(1)’’.
■
■
§ 206.228
[Amended]
29. In § 206.228—
a. In the introductory text, remove the
words ‘‘44 CFR 13.22’’ and add in their
place the words ‘‘2 CFR 200, subpart E’’
and remove the words ‘‘44 CFR 13.4 and
13.6’’ and add in their place the words
‘‘2 CFR 200, subpart E and 2 CFR
200.102’’; and
■ b. In paragraphs (a)(2) introductory
text and (a)(2)(ii), remove the word
‘‘grantee’s’’ wherever it appears and add
in its place the word ‘‘recipient’s’’ and
remove the word ‘‘subgrantee’s’’
wherever it appears and add in its place
the word ‘‘subrecipient’s’’.
■
■
sradovich on DSK3GMQ082PROD with RULES
§ 206.250
[Amended]
30. In § 206.250(b), remove the word
‘‘Grantee’’ and add in its place the word
‘‘recipient’’.
■
§ 206.252
[Amended]
31. In § 206.252—
a. In paragraph (c), remove the word
‘‘Grantee’’ and add in its place the word
■
■
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‘‘recipient’’ and remove the word
‘‘grantee’’ and add in its place the word
‘‘recipient’’; and
■ b. In paragraph (d), remove the word
‘‘grantee’’ and add in its place the word
‘‘recipient’’ and remove the word
‘‘subgrantee’’ and add in its place the
word ‘‘subrecipient’’.
§ 206.253
[Amended]
32. In § 206.253—
a. In paragraphs (a), (c), and (e),
remove the word ‘‘Grantee’’ wherever it
appears and add in its place the word
‘‘recipient’’; and
■ b. In paragraphs (b)(1) and (c), remove
the word ‘‘grantee’’ wherever it appears
and add in its place the word
‘‘recipient’’.
■
■
PART 207—MANAGEMENT COSTS
33. The authority citation for part 207
continues to read as follows:
■
Authority: Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42
U.S.C. 5121 through 5206; Reorganization
Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978
Comp., p. 329; Homeland Security Act of
2002, 6 U.S.C. 101; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376; E.O. 12148, 44
FR 43239, 3 CFR, 1979 Comp., p. 412; E.O.
13286, 68 FR 10619, 3 CFR, 2003 Comp., p.
166.
§ 207.2
[Amended]
34. In § 207.2—
a. Revise the defined term ‘‘Grantee’’
to read ‘‘Grantee (alternatively,
Recipient)’’; and
■ b. Revise the defined term
‘‘Subgrantee’’ to read ‘‘Subgrantee
(alternatively, Subrecipient)’’.
■
■
Dated: December 21, 2016.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2016–31380 Filed 12–30–16; 8:45 am]
BILLING CODE 9111–66–P
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
National Endowment for the
Humanities
45 CFR Part 1171
RIN 3136–AA37
Regulations Implementing the FOIA
Improvement Act of 2016
National Endowment for the
Humanities, National Foundation On
the Arts and the Humanities.
ACTION: Final rule.
AGENCY:
On June 30, 2016, President
Obama signed the Freedom of
SUMMARY:
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Information Act (‘‘FOIA’’) Improvement
Act of 2016 (the ‘‘FOIA Improvement
Act’’). Section 3 of the FOIA
Improvement Act requires, that not later
than 180 days after the date of its
enactment, the head of each agency
review and revise the agency’s
regulations to implement the FOIA
Improvement Act’s amendments. The
FOIA Improvement Act specifically
requires that the regulations of each
agency include procedures for engaging
in dispute resolution through the FOIA
Public Liaison and the Office of
Government Information Services. After
undertaking a review of its FOIA
regulations in accordance with Section
3 of the FOIA Improvement Act, NEH is
revising its FOIA regulations to
incorporate the statutory mandates.
DATES: This rule is effective February 2,
2017.
FOR FURTHER INFORMATION CONTACT:
Adam Kress, Attorney-Advisor, Office of
the General Counsel, National
Endowment for the Humanities, 400 7th
Street SW., Room 4060, Washington, DC
20506, (202) 606–8322, akress@neh.gov.
SUPPLEMENTARY INFORMATION: NEH is
amending its FOIA regulations
published at 45 CFR part 1171 to
incorporate changes required by the
FOIA Improvement Act.
Background
Section 10 of the National Foundation
on the Arts and the Humanities Act of
1965 (20 U.S.C. 959) authorizes the
Chairperson of NEH to prescribe such
regulations as he or she deems
necessary governing the manner in
which the Chairperson’s functions shall
be carried out.
This rulemaking amends NEH’s
existing regulations providing Public
Access to NEH Records Under the
Freedom of Information Act (45 CFR
part 1171) by incorporating changes to
the FOIA by the FOIA Improvement
Act. Among other things, the FOIA
Improvement Act requires that agencies
(i) make records that have been both
released previously and requested three
or more times available to the public in
electronic format, (ii) establish a
minimum of ninety days for requesters
to appeal an adverse determination, and
(iii) provide, or direct requesters to,
dispute resolution services at various
times throughout the FOIA process. The
FOIA Improvement Act also updates
how agencies may charge search,
duplication and review fees.
NEH amends 45 CFR part 1171 as
follows:
• By amending 45 CFR 1171.4 to
‘‘make available for public inspection in
an electronic format’’ records that have
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Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Rules and Regulations
been previously released and either (i)
are likely to be subject to subsequent
requests for substantially the same
records, or (ii) ‘‘that have been
requested three or more times.’’
• By amending 45 CFR 1171.7 &
1171.8 to indicate that the requester
may seek assistance from NEH’s Public
Liaison and/or the Office of Government
Information Services at various times
throughout the FOIA process.
• By amending 45 CFR 1171.10 to
change the appeals deadline from thirty
days to ninety days.
• By amending 45 CFR 1171.11 to
provide additional limitations on the
fees charged by NEH.
Good Cause for Final Adoption
NEH ordinarily promulgates
amendments to the Code of Federal
Regulations in accordance with the
notice-and-comment rulemaking
procedure in Section 553 of the
Administrative Procedure Act (APA) (5
U.S.C. 553). That provision requires that
agencies publish notice of a proposed
rule or amended rule in the Federal
Register, and that such agencies solicit
and consider public comment on the
proposed rule or amendment, and
publish any final rule at least thirty days
prior to its effective date.
Section 553 of the APA, however,
allows agencies to dispense with the
above notice and comment procedures
when the agency has ‘‘good cause’’ for
concluding that such procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under the APA,
an agency may issue a final rule without
seeking comment prior to the
rulemaking, for good cause.
NEH’s proposed amendments to its
FOIA regulations are required by the
FOIA Improvement Act, do not reflect
or empower agency discretion, and
provide additional protection to the
public. For these reasons, NEH finds
good cause to conclude that it is not
necessary for the public to have notice
and an opportunity to comment on the
amendments described below.
sradovich on DSK3GMQ082PROD with RULES
Regulatory Analysis of the Proposed
Amendments
These amendments do not constitute
a ‘‘significant regulatory action’’ under
Executive Order 12866 (58 FR 51735,
Oct. 4, 1993) and therefore are not
subject to Office of Management and
Budget (OMB) review.
The Regulatory Flexibility Act (5
U.S.C. 601, et seq.) is inapplicable to
this rulemaking because it is not one for
which a notice of proposed rulemaking
is required under 5 U.S.C. 553(b) or any
other statute.
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For purposes of the Unfunded
Mandates Reform Act of 1995, Public
Law 104–4 (2 U.S.C. 1531–1538), these
amendments will not result in the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, nor will they
significantly or uniquely affect small
governments.
These amendments are not ‘‘major
rules’’ as defined by section 251 of the
Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 801, et
seq.). Moreover, they are exempt from
the reporting requirements of that Act
because they are rules of agency
procedure and practice that do not
substantially affect the rights or
obligations of non-agency parties.
The Paperwork Reduction Act (44
U.S.C. 3501, et seq.), does not apply to
these amendments because they do not
contain any new information collection
requirements that need OMB approval.
List of Subjects in 45 CFR Part 1171
Administrative practice and
procedure, Fees, Freedom of
Information.
For the reasons discussed in the
preamble, NEH amends 45 CFR part
1171 as follows:
PART 1171—PUBLIC ACCESS TO NEH
RECORDS UNDER THE FREEDOM OF
INFORMATION ACT
1. The authority citation for part 1171
is revised to read as follows:
■
Authority: 5 U.S.C. 552; 20 U.S.C. 959; 31
U.S.C. 3717; E.O. 12600.
2. Amend § 1171.4 by revising
paragraphs (a) and (b) to read as follows:
■
§ 1171.4
Public availability of records.
(a) In accordance with 5 U.S.C.
552(a)(2), the NEH will make the
following records available for public
inspection in an electronic format
(unless they are published and copies
are offered for sale) without a FOIA
request:
(1) Final opinions, including
concurring and dissenting opinions, as
well as orders made in the adjudication
of cases,
(2) Statements of policy and
interpretations which have been
adopted by the agency and are not
published in the Federal Register,
(3) Administrative staff manuals and
instructions to staff that affect a member
of the public,
(4) Copies of all records, regardless of
format, which have been released to any
person under 5 U.S.C. 552(a)(3) and
which because of their subject matter,
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45
the NEH determines have become or are
likely to become subject to subsequent
requests for substantially the same
records, or have been requested three (3)
or more times; and
(5) A general index of the records
referred to in paragraph (b) of this
section.
(b) The NEH will also maintain and
make available for public inspection in
an electronic format current indexes as
required by 5 U.S.C. 552(a)(2) of the
FOIA. However, since the NEH has
determined that publication and
distribution of these indexes is
unnecessary and impracticable, the NEH
will provide these indexes upon request
at a cost not to exceed the direct cost of
the duplication.
*
*
*
*
*
■ 3. Amend § 1171.7 by revising
paragraph (d)(1)(ii) to read as follows:
§ 1171.7
Timing of responses to requests.
*
*
*
*
*
(d) * * *
(1) * * *
(ii) If the extension will be for more
than ten (10) working days, the NEH
will provide the requester with an
opportunity either to modify the request
so that it may be processed within the
time limit or to arrange an alternative
time period to process the request or a
modified request. To aid the requester,
NEH shall make available its FOIA
Public Liaison, who shall assist in the
resolution of any disputes between the
requester and the agency, and shall
notify the requester of his or her right
to seek dispute resolution services from
the Office of Government Information
Services.
*
*
*
*
*
■ 4. Amend § 1171.8 by revising
paragraphs (b) and (c) to read as follows:
§ 1171.8
Responses to requests.
*
*
*
*
*
(b) Grants of requests. If the NEH
makes a determination to grant a request
in whole or in part, it will notify the
requester in writing of such
determination and the reasons therefore,
and the requester’s right to seek
assistance from NEH’s FOIA Public
Liaison. The NEH will inform the
requester of any applicable fees and will
disclose records to the requester
promptly on payment of any applicable
fees. The NEH will mark or annotate
records disclosed in part to show the
amount of information deleted pursuant
to a FOIA exemption, unless doing so
would harm an interest protected by an
applicable FOIA exemption. If
technically feasible, the NEH will also
indicate, on the agency record(s) it
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Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Rules and Regulations
provides, the location of the information
deleted.
(c) Denials of requests. If the NEH
makes a determination to deny a request
in any respect, the NEH will also notify
the requester in writing of:
(1) The name and title or position of
the person responsible for the denial;
(2) A brief statement of the reason(s)
for the denial, including any FOIA
exemption applied by the NEH in
denying the request;
(3) An estimate of the volume of
records or information withheld, if
applicable, although such an estimate is
not required if the volume is otherwise
indicated through deletion on the
records disclosed in part, or if providing
such an estimate would harm an interest
protected by an applicable exemption;
(4) The requester’s right to seek
dispute resolution services from NEH’s
FOIA Public Liaison or the Office of
Government Information Services; and
(5) A statement that the requester may
appeal the denial under § 1171.10 and a
description of the requirements to
appeal.
■ 5. Amend § 1171.10 by revising
paragraph (a) to read as follows:
sradovich on DSK3GMQ082PROD with RULES
§ 1171.10
Administrative appeals.
(a) You may appeal a denial of your
request for NEH records (except NEH
OIG records) and/or FCAH records to
The Deputy Chairman, National
Endowment for the Humanities, 400 7th
Street SW., Room 4053, Washington, DC
20506. You may also send your appeal
to the NEH General Counsel by
facsimile at 202–606–8600, by email at
gencounsel@neh.gov, or through the
NEH’s electronic FOIA request system,
which is available on the NEH Web site
at www.neh.gov. For a denial of your
request for OIG records, you may appeal
by facsimile at 202–606–8329, by email
at oig@neh.gov or by mail to The
Inspector General, National Endowment
for the Humanities, 400 7th Street SW.,
Room 2200, Washington, DC 20506.
Your appeal must be in writing and
received by NEH within ninety (90)
days of the date of the letter denying
your request in whole or in part. Your
appeal letter must clearly identify the
NEH decision that you are appealing
and contain the tracking number, if
assigned. You should clearly mark your
appeal letter and envelope ‘‘Freedom of
Information Act Appeal.’’
*
*
*
*
*
■ 6. Amend § 1171.11 by revising
paragraph (d)(3) to read as follows:
§ 1171.11
*
Fees.
*
*
(d) * * *
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(3) If NEH fails to comply with the
FOIA’s time limits in which to respond
to a request, it may not charge search
fees, or, in the instances of requests
from requesters described in paragraphs
(b)(4) through (6) of this section, may
not charge duplication fees, except as
described in paragraphs (d)(3)(i) through
(iii) of this section.
(i) If NEH has determined that
unusual circumstances, as defined by
the FOIA, apply and NEH has provided
timely written notice to the requester in
accordance with the FOIA, a failure to
comply with the time limit shall be
excused for an additional ten (10)
working days.
(ii) If NEH has determined that
unusual circumstances, as defined by
the FOIA, apply and more than 5,000
pages are necessary to respond to the
request, NEH may charge search fees, or,
in the case of requesters described in
paragraphs (b)(4) through (6) of this
section, may charge duplication fees,
provided NEH provided timely written
notice of unusual circumstances to the
requester in accordance with the FOIA
and NEH discussed with the requester
via written mail, email, or telephone (or
made not less than three good-faith
attempts to do so) how the requester
could effectively limit the scope of the
request in accordance with 5 U.S.C.
552(a)(6)(B)(ii).
(iii) If a court has determined that
exceptional circumstances exist, as
defined by the FOIA, a failure to comply
with the time limits shall be excused for
the length of time provided by the court
order.
*
*
*
*
*
Dated: December 23, 2016.
Elizabeth Voyatzis,
Deputy General Counsel.
[FR Doc. 2016–31521 Filed 12–30–16; 8:45 am]
BILLING CODE 7536–01–P
FEDERAL MARITIME COMMISSION
46 CFR Part 502
[Docket No. 16–08]
RIN 3072–AC64
Rules of Practice and Procedure;
Presentation of Evidence in
Commission Proceedings; Correction
Federal Maritime Commission.
Final rule; correction.
AGENCY:
ACTION:
This document contains a
correction to the effective date of the
final rule published in the Federal
Register of December 22, 2016,
concerning Presentation of Evidence in
Commission Proceedings.
SUMMARY:
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DATES:
Effective on January 27, 2017.
FOR FURTHER INFORMATION CONTACT:
Rachel E. Dickon, Assistant Secretary,
Federal Maritime Commission, 800
North Capitol Street NW., Washington,
DC 20573–0001, Phone: (202) 523–5725,
Email: secretary@fmc.gov.
SUPPLEMENTARY INFORMATION: The final
rule published on December 22, 2016,
81 FR 93831, contained an incorrect
effective date due to a typographical
error. The correct effective date is
January 27, 2017.
Corrections
In FR Rule Doc. 2016–30745, in the
Federal Register of December 22, 2016
(81 FR 93831), the following correction
is made:
1. On page 93831, in the first column,
in the DATES section, correct ‘‘January
27, 2016’’ to read ‘‘January 27, 2017.’’
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2016–31412 Filed 12–30–16; 8:45 am]
BILLING CODE 6731–AA–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Part 504
[GSAR Change 80; GSAR Case 2016–G508;
Docket No. 2016–0020; Sequence No. 1]
RIN 3090–AJ80
General Services Administration
Acquisition Regulation (GSAR);
Update Contract Reporting
Responsibilities
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule.
AGENCY:
The General Services
Administration (GSA) is amending the
General Services Administration
Acquisition Regulation (GSAR) to
remove the section regarding contract
reporting in the Federal Procurement
Data System (FPDS) and to add a
nonregulatory section in the General
Services Acquisition Manual (GSAM).
DATES: Effective: January 3, 2017.
FOR FURTHER INFORMATION CONTACT: Ms.
Janet Fry, Procurement Analyst, at 703–
605–3167, for clarification of content.
For information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755. Please cite GSAR Case 2016–
G508.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Discussion of Changes
In accordance with FAR section
4.604, the GSA Senior Procurement
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]]>Agencies
[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Rules and Regulations]
[Pages 44-46]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31521]
=======================================================================
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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Humanities
45 CFR Part 1171
RIN 3136-AA37
Regulations Implementing the FOIA Improvement Act of 2016
AGENCY: National Endowment for the Humanities, National Foundation On
the Arts and the Humanities.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On June 30, 2016, President Obama signed the Freedom of
Information Act (``FOIA'') Improvement Act of 2016 (the ``FOIA
Improvement Act''). Section 3 of the FOIA Improvement Act requires,
that not later than 180 days after the date of its enactment, the head
of each agency review and revise the agency's regulations to implement
the FOIA Improvement Act's amendments. The FOIA Improvement Act
specifically requires that the regulations of each agency include
procedures for engaging in dispute resolution through the FOIA Public
Liaison and the Office of Government Information Services. After
undertaking a review of its FOIA regulations in accordance with Section
3 of the FOIA Improvement Act, NEH is revising its FOIA regulations to
incorporate the statutory mandates.
DATES: This rule is effective February 2, 2017.
FOR FURTHER INFORMATION CONTACT: Adam Kress, Attorney-Advisor, Office
of the General Counsel, National Endowment for the Humanities, 400 7th
Street SW., Room 4060, Washington, DC 20506, (202) 606-8322,
akress@neh.gov.
SUPPLEMENTARY INFORMATION: NEH is amending its FOIA regulations
published at 45 CFR part 1171 to incorporate changes required by the
FOIA Improvement Act.
Background
Section 10 of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 959) authorizes the Chairperson of
NEH to prescribe such regulations as he or she deems necessary
governing the manner in which the Chairperson's functions shall be
carried out.
This rulemaking amends NEH's existing regulations providing Public
Access to NEH Records Under the Freedom of Information Act (45 CFR part
1171) by incorporating changes to the FOIA by the FOIA Improvement Act.
Among other things, the FOIA Improvement Act requires that agencies (i)
make records that have been both released previously and requested
three or more times available to the public in electronic format, (ii)
establish a minimum of ninety days for requesters to appeal an adverse
determination, and (iii) provide, or direct requesters to, dispute
resolution services at various times throughout the FOIA process. The
FOIA Improvement Act also updates how agencies may charge search,
duplication and review fees.
NEH amends 45 CFR part 1171 as follows:
By amending 45 CFR 1171.4 to ``make available for public
inspection in an electronic format'' records that have
[[Page 45]]
been previously released and either (i) are likely to be subject to
subsequent requests for substantially the same records, or (ii) ``that
have been requested three or more times.''
By amending 45 CFR 1171.7 & 1171.8 to indicate that the
requester may seek assistance from NEH's Public Liaison and/or the
Office of Government Information Services at various times throughout
the FOIA process.
By amending 45 CFR 1171.10 to change the appeals deadline
from thirty days to ninety days.
By amending 45 CFR 1171.11 to provide additional
limitations on the fees charged by NEH.
Good Cause for Final Adoption
NEH ordinarily promulgates amendments to the Code of Federal
Regulations in accordance with the notice-and-comment rulemaking
procedure in Section 553 of the Administrative Procedure Act (APA) (5
U.S.C. 553). That provision requires that agencies publish notice of a
proposed rule or amended rule in the Federal Register, and that such
agencies solicit and consider public comment on the proposed rule or
amendment, and publish any final rule at least thirty days prior to its
effective date.
Section 553 of the APA, however, allows agencies to dispense with
the above notice and comment procedures when the agency has ``good
cause'' for concluding that such procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under the APA, an
agency may issue a final rule without seeking comment prior to the
rulemaking, for good cause.
NEH's proposed amendments to its FOIA regulations are required by
the FOIA Improvement Act, do not reflect or empower agency discretion,
and provide additional protection to the public. For these reasons, NEH
finds good cause to conclude that it is not necessary for the public to
have notice and an opportunity to comment on the amendments described
below.
Regulatory Analysis of the Proposed Amendments
These amendments do not constitute a ``significant regulatory
action'' under Executive Order 12866 (58 FR 51735, Oct. 4, 1993) and
therefore are not subject to Office of Management and Budget (OMB)
review.
The Regulatory Flexibility Act (5 U.S.C. 601, et seq.) is
inapplicable to this rulemaking because it is not one for which a
notice of proposed rulemaking is required under 5 U.S.C. 553(b) or any
other statute.
For purposes of the Unfunded Mandates Reform Act of 1995, Public
Law 104-4 (2 U.S.C. 1531-1538), these amendments will not result in the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector, of $100,000,000 or more in any one year, nor
will they significantly or uniquely affect small governments.
These amendments are not ``major rules'' as defined by section 251
of the Small Business Regulatory Enforcement Fairness Act of 1996 (5
U.S.C. 801, et seq.). Moreover, they are exempt from the reporting
requirements of that Act because they are rules of agency procedure and
practice that do not substantially affect the rights or obligations of
non-agency parties.
The Paperwork Reduction Act (44 U.S.C. 3501, et seq.), does not
apply to these amendments because they do not contain any new
information collection requirements that need OMB approval.
List of Subjects in 45 CFR Part 1171
Administrative practice and procedure, Fees, Freedom of
Information.
For the reasons discussed in the preamble, NEH amends 45 CFR part
1171 as follows:
PART 1171--PUBLIC ACCESS TO NEH RECORDS UNDER THE FREEDOM OF
INFORMATION ACT
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1. The authority citation for part 1171 is revised to read as follows:
Authority: 5 U.S.C. 552; 20 U.S.C. 959; 31 U.S.C. 3717; E.O.
12600.
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2. Amend Sec. 1171.4 by revising paragraphs (a) and (b) to read as
follows:
Sec. 1171.4 Public availability of records.
(a) In accordance with 5 U.S.C. 552(a)(2), the NEH will make the
following records available for public inspection in an electronic
format (unless they are published and copies are offered for sale)
without a FOIA request:
(1) Final opinions, including concurring and dissenting opinions,
as well as orders made in the adjudication of cases,
(2) Statements of policy and interpretations which have been
adopted by the agency and are not published in the Federal Register,
(3) Administrative staff manuals and instructions to staff that
affect a member of the public,
(4) Copies of all records, regardless of format, which have been
released to any person under 5 U.S.C. 552(a)(3) and which because of
their subject matter, the NEH determines have become or are likely to
become subject to subsequent requests for substantially the same
records, or have been requested three (3) or more times; and
(5) A general index of the records referred to in paragraph (b) of
this section.
(b) The NEH will also maintain and make available for public
inspection in an electronic format current indexes as required by 5
U.S.C. 552(a)(2) of the FOIA. However, since the NEH has determined
that publication and distribution of these indexes is unnecessary and
impracticable, the NEH will provide these indexes upon request at a
cost not to exceed the direct cost of the duplication.
* * * * *
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3. Amend Sec. 1171.7 by revising paragraph (d)(1)(ii) to read as
follows:
Sec. 1171.7 Timing of responses to requests.
* * * * *
(d) * * *
(1) * * *
(ii) If the extension will be for more than ten (10) working days,
the NEH will provide the requester with an opportunity either to modify
the request so that it may be processed within the time limit or to
arrange an alternative time period to process the request or a modified
request. To aid the requester, NEH shall make available its FOIA Public
Liaison, who shall assist in the resolution of any disputes between the
requester and the agency, and shall notify the requester of his or her
right to seek dispute resolution services from the Office of Government
Information Services.
* * * * *
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4. Amend Sec. 1171.8 by revising paragraphs (b) and (c) to read as
follows:
Sec. 1171.8 Responses to requests.
* * * * *
(b) Grants of requests. If the NEH makes a determination to grant a
request in whole or in part, it will notify the requester in writing of
such determination and the reasons therefore, and the requester's right
to seek assistance from NEH's FOIA Public Liaison. The NEH will inform
the requester of any applicable fees and will disclose records to the
requester promptly on payment of any applicable fees. The NEH will mark
or annotate records disclosed in part to show the amount of information
deleted pursuant to a FOIA exemption, unless doing so would harm an
interest protected by an applicable FOIA exemption. If technically
feasible, the NEH will also indicate, on the agency record(s) it
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provides, the location of the information deleted.
(c) Denials of requests. If the NEH makes a determination to deny a
request in any respect, the NEH will also notify the requester in
writing of:
(1) The name and title or position of the person responsible for
the denial;
(2) A brief statement of the reason(s) for the denial, including
any FOIA exemption applied by the NEH in denying the request;
(3) An estimate of the volume of records or information withheld,
if applicable, although such an estimate is not required if the volume
is otherwise indicated through deletion on the records disclosed in
part, or if providing such an estimate would harm an interest protected
by an applicable exemption;
(4) The requester's right to seek dispute resolution services from
NEH's FOIA Public Liaison or the Office of Government Information
Services; and
(5) A statement that the requester may appeal the denial under
Sec. 1171.10 and a description of the requirements to appeal.
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5. Amend Sec. 1171.10 by revising paragraph (a) to read as follows:
Sec. 1171.10 Administrative appeals.
(a) You may appeal a denial of your request for NEH records (except
NEH OIG records) and/or FCAH records to The Deputy Chairman, National
Endowment for the Humanities, 400 7th Street SW., Room 4053,
Washington, DC 20506. You may also send your appeal to the NEH General
Counsel by facsimile at 202-606-8600, by email at gencounsel@neh.gov,
or through the NEH's electronic FOIA request system, which is available
on the NEH Web site at www.neh.gov. For a denial of your request for
OIG records, you may appeal by facsimile at 202-606-8329, by email at
oig@neh.gov or by mail to The Inspector General, National Endowment for
the Humanities, 400 7th Street SW., Room 2200, Washington, DC 20506.
Your appeal must be in writing and received by NEH within ninety (90)
days of the date of the letter denying your request in whole or in
part. Your appeal letter must clearly identify the NEH decision that
you are appealing and contain the tracking number, if assigned. You
should clearly mark your appeal letter and envelope ``Freedom of
Information Act Appeal.''
* * * * *
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6. Amend Sec. 1171.11 by revising paragraph (d)(3) to read as follows:
Sec. 1171.11 Fees.
* * * * *
(d) * * *
(3) If NEH fails to comply with the FOIA's time limits in which to
respond to a request, it may not charge search fees, or, in the
instances of requests from requesters described in paragraphs (b)(4)
through (6) of this section, may not charge duplication fees, except as
described in paragraphs (d)(3)(i) through (iii) of this section.
(i) If NEH has determined that unusual circumstances, as defined by
the FOIA, apply and NEH has provided timely written notice to the
requester in accordance with the FOIA, a failure to comply with the
time limit shall be excused for an additional ten (10) working days.
(ii) If NEH has determined that unusual circumstances, as defined
by the FOIA, apply and more than 5,000 pages are necessary to respond
to the request, NEH may charge search fees, or, in the case of
requesters described in paragraphs (b)(4) through (6) of this section,
may charge duplication fees, provided NEH provided timely written
notice of unusual circumstances to the requester in accordance with the
FOIA and NEH discussed with the requester via written mail, email, or
telephone (or made not less than three good-faith attempts to do so)
how the requester could effectively limit the scope of the request in
accordance with 5 U.S.C. 552(a)(6)(B)(ii).
(iii) If a court has determined that exceptional circumstances
exist, as defined by the FOIA, a failure to comply with the time limits
shall be excused for the length of time provided by the court order.
* * * * *
Dated: December 23, 2016.
Elizabeth Voyatzis,
Deputy General Counsel.
[FR Doc. 2016-31521 Filed 12-30-16; 8:45 am]
BILLING CODE 7536-01-P
