Revision of Freedom of Information Act Regulation; Correction, 21694-21695 [2017-09465]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Rules and Regulations]
[Pages 21694-21695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09465]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 15

[Docket No. FR-5986-C-02]
RIN 2501-AD81


Revision of Freedom of Information Act Regulation; Correction

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule; correction.

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SUMMARY: On January 12, 2017, HUD issued a final rule amending HUD's 
Freedom of Information Act (FOIA) regulation to implement the FOIA 
Improvement Act of 2016, which enacted a range of procedural changes, 
including a change to the procedures for withholding information and an 
amendment to one of the nine FOIA exemptions that authorizes an agency 
to withhold various records from disclosure. After publication, HUD 
discovered that a portion of the regulation was not published as 
intended. Specifically, the published rule deleted several of the nine 
statutory FOIA disclosure exemptions and duplicated another. HUD also 
noticed minor technical changes required elsewhere in its regulations. 
This document corrects HUD's January 12, 2017, final rule and makes the 
minor technical changes.

DATES: Effective: May 10, 2017.

FOR FURTHER INFORMATION CONTACT: Helen Goff Foster, Chief 
Administrative Officer, Office of Administration, Department of Housing 
and Urban Development, 451 7th Street SW., Room 6100, Washington, DC 
20410-0500, telephone number 1-202-402-6838 (this is not a toll-free 
number). Hearing- or speech-impaired individuals may access this number 
via TTY by calling the toll-free Federal Relay Service at telephone 
number 1-800-877-8339 (this is a toll-free number).

SUPPLEMENTARY INFORMATION: On January 12, 2017 (82 FR 3623), HUD issued 
a final rule amending HUD's Freedom of Information Act (FOIA) 
regulation at 24 CFR part 15 to implement the FOIA Improvement Act of 
2016 (Pub. L. 114-185, approved June 30, 2016) (2016 Act). Upon review 
of the published rule, HUD determined that Sec.  15.107 was not 
published as intended. The amendatory instruction excluded three of the 
nine statutory FOIA exemptions (5 U.S.C. 552(b)) and included a 
duplicate exemption in Sec.  15.107(b).
    HUD's January 12, 2017, final rule sought to restructure Sec.  
15.107 by adding paragraph (a) to provide that HUD shall withhold 
information only if it is reasonably foreseeable that disclosure would 
harm an interest protected by an exemption, or if disclosure is 
prohibited by law. HUD also sought to redesignate the undesignated 
introductory text as paragraph (b), redesignate paragraphs (a) through 
(i) as (b)(1) through (b)(9), and amend redesignated paragraph (b)(5), 
the deliberative process privilege, to add a sunset clause after 25 
years.
    As discussed above, HUD's final rule did not accurately restructure 
Sec.  15.107 as intended. This final rule restates in whole Sec.  
15.107 to reflect the changes required by the 2016 Act to the 
deliberative process privilege exemption, and restores all other FOIA 
disclosure exemptions.
    In addition, HUD is fixing an incorrect Web site link in Sec.  
15.101, removing two misplaced words in Sec.  15.105, and correcting 
the number of days a FOIA requester has to appeal an adverse 
determination in Sec.  15.109(a), consistent with the change HUD made 
in Sec.  15.105(d)(2)(iv).

List of Subjects in 24 CFR Part 15

    Classified information, Courts, Freedom of information, Government 
employees, Reporting and recordkeeping requirements.

    Accordingly, 24 CFR part 15 is corrected by making the following 
correcting amendments:

PART 15--PUBLIC ACCESS TO HUD RECORDS UNDER THE FREEDOM OF 
INFORMATION ACT AND TESTIMONY AND PRODUCTION OF INFORMATION BY HUD 
EMPLOYEES

0
1. The authority for part 15 continues to read as follows:

    Authority:  42 U.S.C. 3535(d), 5 U.S.C. 552.


Sec.  15.101  [Amended]

0
 2. In Sec.  15.101(b)(2), remove the link ``https://www/data/gov'' and 
add in its place the link ``https://www.data.gov''.


Sec.  15.105  [Amended]

0
3. In Sec.  15.105, in paragraph (d)(2)(iv) remove the word ``and'' and 
in paragraph (d)(2)(v) remove the word ``and''.

0
4. Revise Sec.  15.107 to read as follows:


Sec.  15.107  Documents generally protected from disclosure.

    (a) HUD shall withhold information only if HUD reasonably foresees 
that disclosure would harm an interest protected by an exemption as 
provided in paragraph (b) of this section, or disclosure is prohibited 
by law. HUD will consider whether partial disclosure of information is 
possible whenever

[[Page 21695]]

HUD determines that a full disclosure of a requested record is not 
possible, and will take reasonable steps necessary to segregate and 
release nonexempt information. Nothing in this section requires 
disclosure of information that is otherwise prohibited from disclosure 
by law, or otherwise exempted from disclosure as provided in paragraph 
(b)(3) of this section.
    (b) The FOIA contains nine exemptions (5 U.S.C. 552(b)) that 
authorize agencies to withhold various records from disclosure. With 
regard to certain types of records, HUD generally applies the 
exemptions as follows:
    (1) Classified documents. Exemption 1 (5 U.S.C. 552(b)(1)) protects 
classified national defense and foreign relations information. HUD 
seldom relies on this exception to withhold documents. However, where 
applicable, HUD will refer a request for records classified under 
Executive Order 13526 and the pertinent records to the originating 
agency for processing. HUD may refuse to confirm or deny the existence 
of the requested information if the originating agency determines that 
the fact of the existence of the information itself is classified.
    (2) Internal agency rules and practices. Exemption 2 (5 U.S.C. 
552(b)(2)) protects records relating to internal personnel rules and 
practices.
    (3) Information prohibited from disclosure by another statute. 
Exemption 3 (5 U.S.C. 552(b)(3)) protects information that is 
prohibited from disclosure by another Federal law. HUD generally will 
not disclose competitive proposals prior to contract award, competitive 
proposals that are not set forth or incorporated by reference into the 
awarded contract (see 41 U.S.C. 4702), or, during the selection 
process, any covered selection information regarding such selection, 
either directly or indirectly (see 42 U.S.C. 3537a).
    (4) Commercial or financial information. Exemption 4 (5 U.S.C. 
552(b)(4)) protects trade secrets and commercial or financial 
information obtained from a person and privileged or confidential. HUD 
will handle this type of information as provided by Sec.  15.108.
    (5) Certain interagency or intra-agency communications. Exemption 5 
(5 U.S.C. 552(b)(5)) protects interagency or intra-agency 
communications that are protected by legal privileges, such as the 
attorney-client privilege, attorney work-product privilege, or 
communications reflecting the agency's deliberative process. The 
deliberative process privilege shall not apply to records created 25 
years or more before the date on which the records were requested.
    (6) Personal privacy. Exemption 6 (5 U.S.C. 552(b)(6)) protects 
information involving matters of personal privacy. This information may 
include personnel, medical, and similar files the disclosure of which 
would constitute a clearly unwarranted invasion of personal privacy. 
Names, addresses, telephone numbers, and email addresses of persons 
residing in public or assisted housing or of borrowers in FHA-insured 
single family mortgage transactions generally will not be disclosed.
    (7) Law enforcement records. Exemption 7 (5 U.S.C. 552(b)(7)) 
protects certain records or information compiled for law enforcement 
purposes. This exemption protects records where the production could 
reasonably be expected to interfere with enforcement proceedings; for 
example, the names of individuals who have filed fair housing 
complaints. The protection of this exemption also encompasses, but is 
not limited to, information in law enforcement files that could 
reasonably be expected to constitute an unwarranted invasion of 
personal privacy; the names of confidential informants, and techniques 
and procedures for law enforcement investigations, or guidelines for 
law enforcement investigations if such disclosure could reasonably be 
expected to risk circumvention of the law.
    (8) Supervision of financial institutions. Exemption 8 (5 U.S.C. 
552(b)(8)) protects information relating to the supervision of 
financial institutions. For purposes of Exemption 8, HUD is an ``agency 
responsible for the regulation and supervision of financial 
institutions'' for purposes of monitoring fair housing compliance.
    (9) Wells. Exemption 9 (5 U.S.C. 552(b)(9)) protects geological 
information on wells.


Sec.  15.109  [Amended]

0
 5. In Sec.  15.109(a), remove the number ``30'' and add in its place 
the number ``90''.

    Dated: May 4, 2017.
 Aaron Santa Anna,
 Assistant General Counsel for Regulations.
[FR Doc. 2017-09465 Filed 5-9-17; 8:45 am]
 BILLING CODE 4210-67-P