Freedom of Information Act and Privacy Act Procedures, 711-712 [2016-30775]

Download as PDF 711 Rules and Regulations Federal Register Vol. 82, No. 2 Wednesday, January 4, 2017 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION 5 CFR Part 9301 RIN 3460–AA04 Freedom of Information Act and Privacy Act Procedures Special Inspector General for Afghanistan Reconstruction. ACTION: Interim final rule. AGENCY: The Special Inspector General for Afghanistan Reconstruction (SIGAR) proposes to amend its Freedom of Information Act regulation to comply with the FOIA Improvement Act of 2016. The FOIA Improvement Act of 2016 requires, among other things, that agencies update the procedures for proactive disclosures, disclosure requirements, and the circumstances under which agencies can charge search and duplication fees. DATES: This interim final rule is effective January 4, 2017. Submit comments on or before February 3, 2017. SUMMARY: Address all comments concerning this proposed interim final rule to William B. Gaertner, Associate General Counsel, Special Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, Arlington, VA 22202. Comments will be made available for inspection upon written request. SIGAR will make such comments available for public inspection in the Office of Privacy, Records, and Disclosure, 9th Floor, 1550 Crystal Drive, Arlington, VA 22202, on official business days between the hours of 9 a.m. and 5 p.m. Eastern time. You can make an appointment to inspect comments by telephoning (703) 545– 6000. All comments, including attachments and other supporting materials, received are part of the public record and subject to public disclosure. jstallworth on DSK7TPTVN1PROD with RULES ADDRESSES: VerDate Sep<11>2014 15:22 Jan 03, 2017 Jkt 241001 You should submit only information that you wish to make available publicly. FOR FURTHER INFORMATION CONTACT: William Gaertner, Associate General Counsel, Special Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, Arlington, VA 22202, (703) 545–5994. SUPPLEMENTARY INFORMATION: On January 28, 2008, the President signed into law the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181), which created SIGAR to conduct independent and objective audits, investigations and analysis to promote economy and efficiency, and to detect and deter waste, fraud, and abuse in the reconstruction of Afghanistan. The Freedom of Information Act (FOIA), as amended, provides for access by the public to records of executive branch agencies, subject to certain restrictions and exemptions. In order to establish procedures to facilitate public interaction with SIGAR, the agency published 5 CFR part 9301 setting forth SIGAR’s regulations governing the access provisions of those statutes and Executive Order 12958. On June 30, 2016 the President signed into law the FOIA Improvement Act of 2016 (Pub. L. 114–185) requiring that agencies make available for inspection in an electronic format records that have been requested three or more times, notify requesters of the right to seek dispute resolution services from the Office of Government Information Services (OGIS) when agencies extend time limits by more than ten additional working days, and limiting the circumstances under which agencies may charge requesters search fees. This interim final rule implements these changes to the FOIA. The changes will alter 5 CFR parts 9301.5, 9301.6, and 9301.8. II. The Interim Final Rule This interim final rule amends portions of SIGAR’s existing regulation implementing provisions of the FOIA (5 U.S.C. 552). The provisions of this amendment shall apply to all components of SIGAR. The FOIA provides for the disclosure of agency records and information to the public, unless that information is exempted under delineated statutory exemptions under the FOIA. The procedures established here are intended to ensure that SIGAR fully satisfies its PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 responsibility to the public to disclose agency information, but continues to safeguard sensitive information properly. Procedural Requirements This Interim Final rule amends SIGAR’s regulations implementing the FOIA to facilitate the interaction of the public with SIGAR. SIGAR’s policy of disclosure follows the Presidential Memorandum of January 21, 2009, ‘‘Transparency and Open Government,’’ 74 FR 4685, and the Attorney General’s March 19, 2009 FOIA policy guidance, advising Federal agencies to apply a presumption of disclosure in FOIA decision making. This Interim Final Rule incorporates portions the FOIA Improvement Act of 2016, signed into law by the President on June 30, 2016. SIGAR has determined that good cause exists to publish this amendment to its FOIA regulations as an interim final rule. This amendment maintains SIGAR’s compliance with the FOIA and those amendments to the FOIA adopted in the FOIA Improvement Act of 2016. SIGAR has determined that this interim rule should be issued without a delayed effective date pursuant to 5 U.S.C. 553(d)(3). Finally, notice of proposed rulemaking is not required, because the provisions of the Regulatory Flexibility Act (5 U.S.C. Chapter 6) do not apply. It has been determined that this rulemaking is not a significant regulatory action for the purposes of Executive Order 12866. Accordingly, a regulatory impact analysis is not required. Dated: December 16, 2016. John F. Sopko, Inspector General. List of Subjects in 5 CFR Part 9301 Administrative practice and procedure, Freedom of information. Authority and Issuance For the reasons set forth above, SIGAR amends 5 CFR part 9301 as follows: PART 9301—[AMENDED] 1. The authority citation for part 9301 continues to read as follows: ■ Authority: 5 U.S.C. 552; Pub. L. 110–175, 121 Stat. 2524 (2007); 5 U.S.C. 301 and 552; Exec. Order 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; Exec. Order No. 13392, 70 FR E:\FR\FM\04JAR1.SGM 04JAR1 712 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Rules and Regulations 75373–75377, 3 CFR, 2006 Comp., pp. 216– 200. 2. Section 9301.5 is revised to read as follows: ■ § 9301.5 request Accessing records without Certain SIGAR records, including the agency’s Quarterly Report, audit reports, testimony, oversight plans, press releases, other public issuances, and records that are required by 5 U.S.C. 552(a)(2) to be made publicly available are available electronically from SIGAR’s homepage at http:// www.sigar.mil. SIGAR encourages requesters to visit its Web site before making a request for records under § 9301.6. ■ 3. In § 9301.6, paragraphs (c)(1)(ii), (c)(3)(i), and (d)(1) are revised to read as follows: § 9301.6 Requesting records. jstallworth on DSK7TPTVN1PROD with RULES * * * * * (c) * * * (1) * * * (ii) Request denied. If the FOIA Officer denies the request, in full or part, the FOIA Officer shall provide the requester written notice of the denial together with the approximate number of pages of information withheld and the exemption under which the information was withheld. SIGAR will indicate, if technically feasible, the amount of information deleted and the exemption under which the deletion is made at the place in the record where the deletion was made. SIGAR will also indicate 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 exemptions. The notice shall also describe the procedure for filing an appeal. SIGAR will further notify the requester of their right to seek assistance from SIGAR’s FOIA Public Liaison or dispute resolution services from the FOIA Public Liaison or the Office of Government Information Services. * * * * * (3) * * * (i) In general. If the FOIA Officer determines that unusual circumstances exist, the FOIA Officer may extend for no more than ten days (except Saturdays, Sundays and Federal holidays) the time limits described in paragraph (c)(1) of this section by providing written notice of the extension to the requester. The FOIA Officer shall include with the notice a brief statement of the reason for the extension and the date the FOIA Officer expects to make the determination. If the extension goes beyond ten working VerDate Sep<11>2014 15:22 Jan 03, 2017 Jkt 241001 days, the FOIA Officer will include a notification of the requester’s right to seek dispute resolutions services from the Office of Government Information Services. * * * * * (d) * * * (1) Initiating appeals. Requesters not satisfied with the FOIA Officer’s written decision may request SIGAR’s FOIA Appellate Authority to review the decision. Appeals must be delivered in writing within 90 days of the date of the decision and shall be addressed to the FOIA Appellate Authority, Office of Privacy, Records & Disclosure, Special Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, Arlington, VA 22202. As there may be delays in mail delivery, it is advisable to Fax appeals to (703) 601–3804 or email to sigar.pentagon.gencoun.mbx.foia@ mail.mil. An appeal shall include a statement specifying the records that are the subject of the appeal and explaining why the Appellate Authority should grant the appeal. * * * * * ■ 4. In § 9301.8, paragraph (f)(3) is added to read as follows: § 9301.8 Fees in general. * * * * * (f) * * * (3) SIGAR determines that unusual circumstances apply to the processing of a request, provides timely notice the requester, and delay is excused for an additional ten days, but SIGAR still fails to respond within the timeframe established by the additional delay. This provision applies only to search fees. However, the following exceptions shall apply: (i) Notwithstanding § 9301.8(f)(3), if SIGAR determines that unusual circumstances apply and that responding to the request requires the production of more than 5,000 pages, SIGAR may continue to charge search fees, or duplication fees for requesters in preferred status, for as long as necessary, after timely written notice has been made to the requester and SIGAR has discussed with the requester how the requester could effectively limit the scope of the request via written mail, electronic mail, or telephone, or made three good-faith attempts to do so. (ii) Notwithstanding § 9301.8(f)(3), if a court determines that exceptional circumstances exist, SIGAR’s failure to comply with a time limit shall be excused for the length of time provided by the court order. [FR Doc. 2016–30775 Filed 1–3–17; 8:45 am] BILLING CODE 3710–L9–P PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2014–0143; Directorate Identifier 2012–NM–113–AD; Amendment 39–18753; AD 2016–25–27] RIN 2120–AA64 Airworthiness Directives; Airbus Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for all Airbus Model A300 B4–603, B4–620, B4–622, B4–605R, B4–622R, F4–605R, F4–622R, and C4–605R variant F airplanes. This AD was prompted by reports of cracks in the frame base fittings connecting the frame lower positions to the center wing box. This AD requires repetitive detailed inspections for cracking of the lower frame fittings of the frame foot, and replacement with a new frame foot if cracking is found. This AD also provides optional terminating action for the repetitive inspections. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective February 8, 2017. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 8, 2017. ADDRESSES: For service information identified in this final rule, contact Airbus SAS, Airworthiness Office— EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email: account.airwortheas@airbus.com; Internet: http:// www.airbus.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–2014–0143. SUMMARY: 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–2014– 0143; or in person at the Docket Management Facility between 9 a.m. E:\FR\FM\04JAR1.SGM 04JAR1

Agencies

  • SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION
[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Rules and Regulations]
[Pages 711-712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30775]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / 
Rules and Regulations

[[Page 711]]



SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION

5 CFR Part 9301

RIN 3460-AA04


Freedom of Information Act and Privacy Act Procedures

AGENCY: Special Inspector General for Afghanistan Reconstruction.

ACTION: Interim final rule.

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

SUMMARY: The Special Inspector General for Afghanistan Reconstruction 
(SIGAR) proposes to amend its Freedom of Information Act regulation to 
comply with the FOIA Improvement Act of 2016. The FOIA Improvement Act 
of 2016 requires, among other things, that agencies update the 
procedures for proactive disclosures, disclosure requirements, and the 
circumstances under which agencies can charge search and duplication 
fees.

DATES: This interim final rule is effective January 4, 2017. Submit 
comments on or before February 3, 2017.

ADDRESSES: Address all comments concerning this proposed interim final 
rule to William B. Gaertner, Associate General Counsel, Special 
Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, 
Arlington, VA 22202. Comments will be made available for inspection 
upon written request. SIGAR will make such comments available for 
public inspection in the Office of Privacy, Records, and Disclosure, 
9th Floor, 1550 Crystal Drive, Arlington, VA 22202, on official 
business days between the hours of 9 a.m. and 5 p.m. Eastern time. You 
can make an appointment to inspect comments by telephoning (703) 545-
6000. All comments, including attachments and other supporting 
materials, received are part of the public record and subject to public 
disclosure. You should submit only information that you wish to make 
available publicly.

FOR FURTHER INFORMATION CONTACT: William Gaertner, Associate General 
Counsel, Special Inspector General for Afghanistan Reconstruction, 2530 
Crystal Drive, Arlington, VA 22202, (703) 545-5994.

SUPPLEMENTARY INFORMATION: On January 28, 2008, the President signed 
into law the National Defense Authorization Act for Fiscal Year 2008 
(Pub. L. 110-181), which created SIGAR to conduct independent and 
objective audits, investigations and analysis to promote economy and 
efficiency, and to detect and deter waste, fraud, and abuse in the 
reconstruction of Afghanistan. The Freedom of Information Act (FOIA), 
as amended, provides for access by the public to records of executive 
branch agencies, subject to certain restrictions and exemptions. In 
order to establish procedures to facilitate public interaction with 
SIGAR, the agency published 5 CFR part 9301 setting forth SIGAR's 
regulations governing the access provisions of those statutes and 
Executive Order 12958. On June 30, 2016 the President signed into law 
the FOIA Improvement Act of 2016 (Pub. L. 114-185) requiring that 
agencies make available for inspection in an electronic format records 
that have been requested three or more times, notify requesters of the 
right to seek dispute resolution services from the Office of Government 
Information Services (OGIS) when agencies extend time limits by more 
than ten additional working days, and limiting the circumstances under 
which agencies may charge requesters search fees. This interim final 
rule implements these changes to the FOIA. The changes will alter 5 CFR 
parts 9301.5, 9301.6, and 9301.8.

II. The Interim Final Rule

    This interim final rule amends portions of SIGAR's existing 
regulation implementing provisions of the FOIA (5 U.S.C. 552). The 
provisions of this amendment shall apply to all components of SIGAR. 
The FOIA provides for the disclosure of agency records and information 
to the public, unless that information is exempted under delineated 
statutory exemptions under the FOIA. The procedures established here 
are intended to ensure that SIGAR fully satisfies its responsibility to 
the public to disclose agency information, but continues to safeguard 
sensitive information properly.

Procedural Requirements

    This Interim Final rule amends SIGAR's regulations implementing the 
FOIA to facilitate the interaction of the public with SIGAR. SIGAR's 
policy of disclosure follows the Presidential Memorandum of January 21, 
2009, ``Transparency and Open Government,'' 74 FR 4685, and the 
Attorney General's March 19, 2009 FOIA policy guidance, advising 
Federal agencies to apply a presumption of disclosure in FOIA decision 
making. This Interim Final Rule incorporates portions the FOIA 
Improvement Act of 2016, signed into law by the President on June 30, 
2016. SIGAR has determined that good cause exists to publish this 
amendment to its FOIA regulations as an interim final rule. This 
amendment maintains SIGAR's compliance with the FOIA and those 
amendments to the FOIA adopted in the FOIA Improvement Act of 2016. 
SIGAR has determined that this interim rule should be issued without a 
delayed effective date pursuant to 5 U.S.C. 553(d)(3).
    Finally, notice of proposed rulemaking is not required, because the 
provisions of the Regulatory Flexibility Act (5 U.S.C. Chapter 6) do 
not apply. It has been determined that this rulemaking is not a 
significant regulatory action for the purposes of Executive Order 
12866. Accordingly, a regulatory impact analysis is not required.

    Dated: December 16, 2016.
John F. Sopko,
Inspector General.

List of Subjects in 5 CFR Part 9301

    Administrative practice and procedure, Freedom of information.

Authority and Issuance

    For the reasons set forth above, SIGAR amends 5 CFR part 9301 as 
follows:

PART 9301--[AMENDED]

0
1. The authority citation for part 9301 continues to read as follows:

    Authority: 5 U.S.C. 552; Pub. L. 110-175, 121 Stat. 2524 (2007); 
5 U.S.C. 301 and 552; Exec. Order 12600, 52 FR 23781, 3 CFR, 1987 
Comp., p. 235; Exec. Order No. 13392, 70 FR

[[Page 712]]

75373-75377, 3 CFR, 2006 Comp., pp. 216-200.

0
2. Section 9301.5 is revised to read as follows:


Sec.  9301.5  Accessing records without request

    Certain SIGAR records, including the agency's Quarterly Report, 
audit reports, testimony, oversight plans, press releases, other public 
issuances, and records that are required by 5 U.S.C. 552(a)(2) to be 
made publicly available are available electronically from SIGAR's 
homepage at http://www.sigar.mil. SIGAR encourages requesters to visit 
its Web site before making a request for records under Sec.  9301.6.

0
3. In Sec.  9301.6, paragraphs (c)(1)(ii), (c)(3)(i), and (d)(1) are 
revised to read as follows:


Sec.  9301.6  Requesting records.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Request denied. If the FOIA Officer denies the request, in 
full or part, the FOIA Officer shall provide the requester written 
notice of the denial together with the approximate number of pages of 
information withheld and the exemption under which the information was 
withheld. SIGAR will indicate, if technically feasible, the amount of 
information deleted and the exemption under which the deletion is made 
at the place in the record where the deletion was made. SIGAR will also 
indicate 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 exemptions. The notice shall also describe 
the procedure for filing an appeal. SIGAR will further notify the 
requester of their right to seek assistance from SIGAR's FOIA Public 
Liaison or dispute resolution services from the FOIA Public Liaison or 
the Office of Government Information Services.
* * * * *
    (3) * * *
    (i) In general. If the FOIA Officer determines that unusual 
circumstances exist, the FOIA Officer may extend for no more than ten 
days (except Saturdays, Sundays and Federal holidays) the time limits 
described in paragraph (c)(1) of this section by providing written 
notice of the extension to the requester. The FOIA Officer shall 
include with the notice a brief statement of the reason for the 
extension and the date the FOIA Officer expects to make the 
determination. If the extension goes beyond ten working days, the FOIA 
Officer will include a notification of the requester's right to seek 
dispute resolutions services from the Office of Government Information 
Services.
* * * * *
    (d) * * *
    (1) Initiating appeals. Requesters not satisfied with the FOIA 
Officer's written decision may request SIGAR's FOIA Appellate Authority 
to review the decision. Appeals must be delivered in writing within 90 
days of the date of the decision and shall be addressed to the FOIA 
Appellate Authority, Office of Privacy, Records & Disclosure, Special 
Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, 
Arlington, VA 22202. As there may be delays in mail delivery, it is 
advisable to Fax appeals to (703) 601-3804 or email to 
sigar.pentagon.gencoun.mbx.foia@mail.mil. An appeal shall include a 
statement specifying the records that are the subject of the appeal and 
explaining why the Appellate Authority should grant the appeal.
* * * * *

0
4. In Sec.  9301.8, paragraph (f)(3) is added to read as follows:


Sec.  9301.8  Fees in general.

* * * * *
    (f) * * *
    (3) SIGAR determines that unusual circumstances apply to the 
processing of a request, provides timely notice the requester, and 
delay is excused for an additional ten days, but SIGAR still fails to 
respond within the timeframe established by the additional delay. This 
provision applies only to search fees. However, the following 
exceptions shall apply:
    (i) Notwithstanding Sec.  9301.8(f)(3), if SIGAR determines that 
unusual circumstances apply and that responding to the request requires 
the production of more than 5,000 pages, SIGAR may continue to charge 
search fees, or duplication fees for requesters in preferred status, 
for as long as necessary, after timely written notice has been made to 
the requester and SIGAR has discussed with the requester how the 
requester could effectively limit the scope of the request via written 
mail, electronic mail, or telephone, or made three good-faith attempts 
to do so.
    (ii) Notwithstanding Sec.  9301.8(f)(3), if a court determines that 
exceptional circumstances exist, SIGAR's failure to comply with a time 
limit shall be excused for the length of time provided by the court 
order.

[FR Doc. 2016-30775 Filed 1-3-17; 8:45 am]
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