Amendments to Regulations Governing Access to Commission Information and Records; Freedom of Information Act, 2248-2249 [2016-31891]

Download as PDF 2248 * Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations * * * Regulatory Analysis and Notices BILLING CODE 6560–50–P FEDERAL MARITIME COMMISSION 46 CFR PART 503 [Docket No. 16–18] RIN 3072–AC66 Amendments to Regulations Governing Access to Commission Information and Records; Freedom of Information Act Federal Maritime Commission. Final rule. PART 503—PUBLIC INFORMATION Regulatory Flexibility Act (RFA) * [FR Doc. 2016–31637 Filed 1–6–17; 8:45 am] ■ The Regulatory Flexibility Act requires an agency to review regulations to assess their impact on small entities and prepare an initial regulatory flexibility analysis, unless the agency determines that a rule is not expected to have a significant impact on a substantial number of small entities. This final rule will affect only persons who file FOIA requests, and therefore, the Commission certifies that this final rule will not have a significant or negative economic impacts on a substantial number of small entities. AGENCY: Paperwork Reduction Act (PRA) ACTION: The Paperwork Reduction Act of 1995 requires an agency to seek and receive approval from the Office of Management and Budget (OMB) before making most requests for information if the agency is requesting information from more than ten persons. 44 U.S.C. 3507. The agency must submit collections of information in proposed rules to OMB in conjunction with the publication of the proposed rulemaking. 5 CFR 1320.11. This final rule does not impose any collections of information, as defined by 44 U.S.C. 3502(3) and 5 CFR 1320.3(c). The Federal Maritime Commission amends its regulations for processing requests for information and records under the Freedom of Information Act (FOIA). The regulations are being revised to incorporate changes brought by amendments to the FOIA under the FOIA Improvement Act of 2016. The Act requires agencies to review their FOIA regulations and issue regulations implementing the amendments no later than 180 days after enactment. DATES: This rule is effective January 30, 2017. FOR FURTHER INFORMATION CONTACT: Mail: 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. SUMMARY: On June 30, 2016, the President signed into law the FOIA Improvement Act of 2016. The Act prescribes a range of procedural requirements that affect the Commission’s FOIA regulations, and which this final rule implements, including requirements that the Commission: • Provide publically available documents and its FOIA Annual Reports in an electronic format; • provide FOIA requesters the right to seek dispute resolution services from the Commission’s FOIA Public Liaison and/or the Office of Government Information Services during the FOIA process; • provide a minimum of 90 days for FOIA requesters to file an administrative appeal; and • not apply the deliberative process privilege to records created 25 years or more before the date on which the records were requested. sradovich on DSK3GMQ082PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:50 Jan 06, 2017 Jkt 241001 National Environmental Policy Act (NEPA) This final rule will have no physical impact upon the environment, and therefore, will not require any further review under NEPA. Regulation Identifier Number The Commission assigns a regulation identifier number (RIN) to each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda). The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document may be used to find this action in the Unified Agenda, available at http://www.reginfo.gov/public/do/ eAgendaMain. List of Subjects in 46 CFR Part 503 Administrative practices and procedures, Archives and records, Classified information, Confidential business information, Freedom of information, Information, Privacy, Records, Reporting and recordkeeping requirements, Sunshine Act. For the reasons set forth in the preamble, the Federal Maritime Commission amends 46 CFR part 503 as follows: PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 1. The authority citation for part 503 continues to read as follows: Authority: 5 U.S.C. 552, 552a, 552b, 553; 31 U.S.C. 9701; E.O. 13526, 75 FR 707, 3 CFR, 2010 Comp., p. 298. Subpart C—Records, Information and Materials Generally Available to the Public Without Resort to Freedom of Information Act Procedures 2. Amend § 503.21 by revising paragraphs (a) introductory text and (c) introductory text to read as follows: ■ § 503.21 Mandatory public records. (a) The Commission, as required by the Freedom of Information Act, 5 U.S.C. 552, is responsible for determining which of its records must be made publicly available, for identifying additional records of interest to the public that are appropriate for public disclosure, for posting and indexing such records, and for reviewing and updating posted records and indices on an ongoing basis. The Commission makes the following materials available for public inspection in electronic format on its Web site at www.fmc.gov: * * * * * (c) The Commission maintains and makes available for public inspection in an electronic format, a current log or index providing identifying information for the public as to any matter which is issued, adopted, or promulgated, and which is required by paragraph (a) of this section to be made available or published. * * * * * Subpart D—Requests for Records Under the Freedom of Information Act 3. Amend § 503.32 by revising paragraphs (a)(1) and (2), (a)(3)(i)(B), and (b)(3) to read as follows: ■ § 503.32 Procedures for responding to requests made under the Freedom of Information Act. (a) * * * (1) Such determination shall be made by the Secretary within twenty (20) business days after receipt of such request, except as provided in paragraphs (b) and (e)(4) of this section, and the Secretary shall immediately notify the requester of: (i) Such determination and the reasons therefor; (ii) The right of such person to seek assistance from the agency’s FOIA Public Liaison; and (iii) In the case of an adverse determination, the right of such E:\FR\FM\09JAR1.SGM 09JAR1 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations requester to appeal to the Chairman no less than 90 days after the date of such adverse determination, and the right of such requester to seek dispute resolution services from the agency’s FOIA Public Liaison or the Office of Government Information Services. (2) Upon granting a request, the Secretary shall promptly make records available to the requestor. Upon denial of such a request the Secretary shall promptly notify the requestor of the determination, explain the reason for denial, give an estimate of the volume of matter denied, and set forth the names and titles or positions of each person responsible for the denial of the request. (3)(i) * * * (B) Be filed not later than 90 days following receipt of notification of full or partial denial of records requested. * * * * * (b) * * * (3) If the time limit is extended as prescribed under this section, and the request cannot be processed within the extended time limit, the Secretary shall notify the requestor, and either provide the requestor with an opportunity to limit the scope of the request so that it may be processed within the time limit, or provide the requestor an opportunity to arrange with the Secretary an alternative time frame for processing the request or a modified request. To aid the requester, the Commission will make available its FOIA Public Liaison, who shall assist in the resolution of any dispute between the requester and the Commission, and notify the requester of the right of the requester to seek dispute resolution services from the Office of Government Information Services. * * * * * ■ 4. Amend § 503.33 by revising paragraph (a)(5) and adding paragraphs (a)(8) and (9) to read as follows: sradovich on DSK3GMQ082PROD with RULES § 503.33 Exceptions to availability of records. (a) * * * (5) 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 Commission, provided that the deliberative process privilege shall not apply to records created 25 years or more before the date on which the records were requested. * * * * * (8) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or VerDate Sep<11>2014 16:50 Jan 06, 2017 Jkt 241001 (9) Geological and geophysical information and data, including maps, concerning wells. * * * * * ■ 5. Amend § 503.34 by revising paragraph (b) to read as follows: § 503.34 Annual report of public information request activity. * * * * * (b) Each such report shall be made available to the public in electronic format. By the Commission. Rachel E. Dickon, Assistant Secretary. [FR Doc. 2016–31891 Filed 1–6–17; 8:45 am] BILLING CODE 6731–AA–P GENERAL SERVICES ADMINISTRATION 48 CFR Parts 516 and 552 [Change 81; GSAR Case 2015–G513; Docket No. 2016–0021; Sequence No. 1] RIN 3090–AJ79 General Services Administration Acquisition Regulation (GSAR); Fair Opportunity Complaints on GSA Contracts Office of Acquisition Policy, General Services Administration (GSA). ACTION: Final rule. AGENCY: The General Services Administration (GSA) is issuing a final rule amending the General Services Administration Acquisition Regulation (GSAR) to clarify that the orderingagency task and delivery order Ombudsman has jurisdiction and responsibility to review and resolve fair opportunity complaints on tasks and delivery orders placed against GSA multiple-award contracts. DATES: Effective: January 9, 2017. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Ms. Dana Davis, General Services Acquisition Policy Division, GSA, by telephone at 202–357–9652 or by email at dana.munson@gsa.gov. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501–4755. Please cite GSAR case 2015–G513. SUPPLEMENTARY INFORMATION: SUMMARY: I. Discussion of Changes The General Services Administration (GSA) is issuing a final rule amending the General Services Administration Acquisition Regulation (GSAR) part 552, Solicitation Provisions and Contract PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 2249 Clauses at 552.216–74 Task and Delivery Orders. The final rule clarifies that the jurisdiction and responsibility to review and resolve fair opportunity complaints placed against GSA multiple-award contracts lies with the ordering-agency task and delivery order Ombudsman. Also, the final rule requires the ordering agency to include contact information for their task and delivery order Ombudsman when placing task or delivery orders against GSA multiple-award contracts. Finally, so that GSA can maintain insight into fair opportunity complaints that arise on orders other agencies place against these contracts, the final rule requires the contractor to provide a copy of its complaint to the GSA Procurement Ombudsman for informational purposes, at the same time the contractor files its complaint to the ordering agency for action. II. Public Comments Not Required 41 U.S.C. 1707, Publication of proposed regulations, applies to the publication of the General Services Administration Acquisition Regulation. Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure, or form (including amendment or modification thereof) must be published for public comment if it has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment because it does not have a significant impact on the public, contractors or offerors. This rule brings internal GSAR policy up-to-date with FAR policy. The change clarifies internal operating procedures by the Government by clarifying GSA’s jurisdiction regarding fair opportunity complaints. The proposed rule comment period is impracticable as the FAR has already directed specific regulatory action. III. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives; and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant E:\FR\FM\09JAR1.SGM 09JAR1

Agencies

[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Rules and Regulations]
[Pages 2248-2249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31891]


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FEDERAL MARITIME COMMISSION

46 CFR PART 503

[Docket No. 16-18]
RIN 3072-AC66


Amendments to Regulations Governing Access to Commission 
Information and Records; Freedom of Information Act

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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

SUMMARY: The Federal Maritime Commission amends its regulations for 
processing requests for information and records under the Freedom of 
Information Act (FOIA). The regulations are being revised to 
incorporate changes brought by amendments to the FOIA under the FOIA 
Improvement Act of 2016. The Act requires agencies to review their FOIA 
regulations and issue regulations implementing the amendments no later 
than 180 days after enactment.

DATES: This rule is effective January 30, 2017.

FOR FURTHER INFORMATION CONTACT: Mail: 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: On June 30, 2016, the President signed into 
law the FOIA Improvement Act of 2016. The Act prescribes a range of 
procedural requirements that affect the Commission's FOIA regulations, 
and which this final rule implements, including requirements that the 
Commission:
     Provide publically available documents and its FOIA Annual 
Reports in an electronic format;
     provide FOIA requesters the right to seek dispute 
resolution services from the Commission's FOIA Public Liaison and/or 
the Office of Government Information Services during the FOIA process;
     provide a minimum of 90 days for FOIA requesters to file 
an administrative appeal; and
     not apply the deliberative process privilege to records 
created 25 years or more before the date on which the records were 
requested.

Regulatory Analysis and Notices

Regulatory Flexibility Act (RFA)

    The Regulatory Flexibility Act requires an agency to review 
regulations to assess their impact on small entities and prepare an 
initial regulatory flexibility analysis, unless the agency determines 
that a rule is not expected to have a significant impact on a 
substantial number of small entities. This final rule will affect only 
persons who file FOIA requests, and therefore, the Commission certifies 
that this final rule will not have a significant or negative economic 
impacts on a substantial number of small entities.

Paperwork Reduction Act (PRA)

    The Paperwork Reduction Act of 1995 requires an agency to seek and 
receive approval from the Office of Management and Budget (OMB) before 
making most requests for information if the agency is requesting 
information from more than ten persons. 44 U.S.C. 3507. The agency must 
submit collections of information in proposed rules to OMB in 
conjunction with the publication of the proposed rulemaking. 5 CFR 
1320.11. This final rule does not impose any collections of 
information, as defined by 44 U.S.C. 3502(3) and 5 CFR 1320.3(c).

National Environmental Policy Act (NEPA)

    This final rule will have no physical impact upon the environment, 
and therefore, will not require any further review under NEPA.

Regulation Identifier Number

    The Commission assigns a regulation identifier number (RIN) to each 
regulatory action listed in the Unified Agenda of Federal Regulatory 
and Deregulatory Actions (Unified Agenda). The Regulatory Information 
Service Center publishes the Unified Agenda in April and October of 
each year. The RIN contained in the heading of this document may be 
used to find this action in the Unified Agenda, available at http://www.reginfo.gov/public/do/eAgendaMain.

List of Subjects in 46 CFR Part 503

    Administrative practices and procedures, Archives and records, 
Classified information, Confidential business information, Freedom of 
information, Information, Privacy, Records, Reporting and recordkeeping 
requirements, Sunshine Act.

    For the reasons set forth in the preamble, the Federal Maritime 
Commission amends 46 CFR part 503 as follows:

PART 503--PUBLIC INFORMATION

0
1. The authority citation for part 503 continues to read as follows:

    Authority:  5 U.S.C. 552, 552a, 552b, 553; 31 U.S.C. 9701; E.O. 
13526, 75 FR 707, 3 CFR, 2010 Comp., p. 298.

Subpart C--Records, Information and Materials Generally Available 
to the Public Without Resort to Freedom of Information Act 
Procedures

0
2. Amend Sec.  503.21 by revising paragraphs (a) introductory text and 
(c) introductory text to read as follows:


Sec.  503.21  Mandatory public records.

    (a) The Commission, as required by the Freedom of Information Act, 
5 U.S.C. 552, is responsible for determining which of its records must 
be made publicly available, for identifying additional records of 
interest to the public that are appropriate for public disclosure, for 
posting and indexing such records, and for reviewing and updating 
posted records and indices on an ongoing basis. The Commission makes 
the following materials available for public inspection in electronic 
format on its Web site at www.fmc.gov:
* * * * *
    (c) The Commission maintains and makes available for public 
inspection in an electronic format, a current log or index providing 
identifying information for the public as to any matter which is 
issued, adopted, or promulgated, and which is required by paragraph (a) 
of this section to be made available or published.
* * * * *

Subpart D--Requests for Records Under the Freedom of Information 
Act

0
3. Amend Sec.  503.32 by revising paragraphs (a)(1) and (2), 
(a)(3)(i)(B), and (b)(3) to read as follows:


Sec.  503.32  Procedures for responding to requests made under the 
Freedom of Information Act.

    (a) * * *
    (1) Such determination shall be made by the Secretary within twenty 
(20) business days after receipt of such request, except as provided in 
paragraphs (b) and (e)(4) of this section, and the Secretary shall 
immediately notify the requester of:
    (i) Such determination and the reasons therefor;
    (ii) The right of such person to seek assistance from the agency's 
FOIA Public Liaison; and
    (iii) In the case of an adverse determination, the right of such

[[Page 2249]]

requester to appeal to the Chairman no less than 90 days after the date 
of such adverse determination, and the right of such requester to seek 
dispute resolution services from the agency's FOIA Public Liaison or 
the Office of Government Information Services.
    (2) Upon granting a request, the Secretary shall promptly make 
records available to the requestor. Upon denial of such a request the 
Secretary shall promptly notify the requestor of the determination, 
explain the reason for denial, give an estimate of the volume of matter 
denied, and set forth the names and titles or positions of each person 
responsible for the denial of the request.
    (3)(i) * * *
    (B) Be filed not later than 90 days following receipt of 
notification of full or partial denial of records requested.
* * * * *
    (b) * * *
    (3) If the time limit is extended as prescribed under this section, 
and the request cannot be processed within the extended time limit, the 
Secretary shall notify the requestor, and either provide the requestor 
with an opportunity to limit the scope of the request so that it may be 
processed within the time limit, or provide the requestor an 
opportunity to arrange with the Secretary an alternative time frame for 
processing the request or a modified request. To aid the requester, the 
Commission will make available its FOIA Public Liaison, who shall 
assist in the resolution of any dispute between the requester and the 
Commission, and notify the requester of the right of the requester to 
seek dispute resolution services from the Office of Government 
Information Services.
* * * * *

0
4. Amend Sec.  503.33 by revising paragraph (a)(5) and adding 
paragraphs (a)(8) and (9) to read as follows:


Sec.  503.33   Exceptions to availability of records.

    (a) * * *
    (5) 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 Commission, provided that the deliberative process privilege 
shall not apply to records created 25 years or more before the date on 
which the records were requested.
* * * * *
    (8) Contained in or related to examination, operating, or condition 
reports prepared by, on behalf of, or for the use of an agency 
responsible for the regulation or supervision of financial 
institutions; or
    (9) Geological and geophysical information and data, including 
maps, concerning wells.
* * * * *

0
5. Amend Sec.  503.34 by revising paragraph (b) to read as follows:


Sec.  503.34  Annual report of public information request activity.

* * * * *
    (b) Each such report shall be made available to the public in 
electronic format.

    By the Commission.
 Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2016-31891 Filed 1-6-17; 8:45 am]
 BILLING CODE 6731-AA-P