Production or Disclosure of Material or Information; Adding the Definition of a Record and Clarifying Language Concerning the Timing of Responses to Requests and Specific Categories of Records, 32766-32767 [2017-14934]

Download as PDF 32766 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Rules and Regulations pmangrum on DSK3GDR082PROD with RULES Description • The institution’s disclosures must list the following fees: Periodic fees, per purchase fees (including point-of-sale fees), ATM withdrawal fees, cash reload fees, overdraft fees, ATM balance inquiry fees, customer service fees, and inactivity fees. These fees are referred to as ‘‘static fees’’ because all institutions using the Secretary’s format must list these fees in the disclosures, even if the amount of the fee is zero or the fee relates to a feature that is not offered as part of the specific account. In cases where the amount of any fee could vary, the disclosures must show the highest amount the account provider may charge for that fee, followed by a symbol, such as an asterisk, linked to a statement explaining that the fee could be lower depending on how and where the account is used. The asterisk would be included, for example, if point-ofsale fees differ depending on whether the cardholder is required to provide a PIN or signature. In cases where a static fee is not imposed, the institution may demonstrate that the fee is not applicable by placing ‘‘N/A’’ or an equivalent designation in the appropriate field. • The disclosures must include the number of fee types the accountholder may be charged under the specific account program, excluding those fees that are either disclosed on the form or in close proximity as described below. • The disclosures must also list the two additional fee types, if any, that generated the highest revenue from account holders during the previous 24 months excluding static fees, any purchase price, any activation fees and any fee types that generated less than five percent of the total revenue from accountholders, as well as the amounts of such additional fees. The two additional fee types would be determined for the specific financial account program or across programs with the same fee schedule. Institutions must ensure that the financial account provider reviews their fee revenue periodically and that they assist the institution in updating the disclosures if needed. • The disclosures must include statements regarding FDIC/NCUA insurance and a link to the terms and conditions of the account. • The disclosures must include a written statement that students do not have to accept the account offered under a T1 or T2 arrangement and may recommend that students ask about other ways to receive their Federal student aid. VerDate Sep<11>2014 14:57 Jul 17, 2017 Jkt 241001 • In close proximity to the disclosures, though not necessarily within the disclosures, the institution must disclose the financial account provider’s name; the name of the account; for T2 accounts, any purchase price for the account (such as a fee for acquiring an access device or a replacement for an access device); and any fee for activating the account. If the financial account is a T1 account, the institution must also use this space to disclose that a student account holder may access his or her title IV, HEA program funds in part and in full up to the account balance via domestic withdrawals and transfers free of charge, during the student’s entire period of enrollment following the date that such title IV, HEA program funds are deposited or transferred to the financial account, as required under § 668.164(e)(2)(v)(C). We also remind institutions that T1 accounts may not charge fees for opening or activating the financial account or initially receiving or activating an access device, nor for overdrafts or fees assessed on point-ofsale transactions. Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.gpo.gov/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Dated: July 13, 2017. Betsy DeVos, Secretary of Education. Fmt 4700 Production or Disclosure of Material or Information; Adding the Definition of a Record and Clarifying Language Concerning the Timing of Responses to Requests and Specific Categories of Records Postal ServiceTM. ACTION: Final rule. AGENCY: The Postal Service is adding the definition of a record to its regulations concerning the Freedom of Information Act. The Postal Service is deleting language in order to clarify the timing of responses to requests. The Postal Service is also adding two words to two provisions in its Freedom of Information Act regulations concerning special categories of records, for clarification purposes. DATES: Effective date: July 18, 2017. FOR FURTHER INFORMATION CONTACT: Natalie A. Bonanno, Chief Counsel, Federal Compliance, natalie.a.bonanno@usps.gov, 202–268– 2944. SUPPLEMENTARY INFORMATION: On November 30, 2016 (81 FR 86270), the Postal Service published its revised Freedom of Information Act (FOIA) regulations to comply with the FOIA Improvement Act of 2016 (FOIAIA), effective December 27, 2016. In response to public comments, the Postal Service published an additional change to these regulations on January 10, 2017 (82 FR 2896). After further review, the Postal Service published miscellaneous technical corrections to its regulations on March 8, 2017 (82 FR 12921). The Postal Service is now adding a record definition, deleting language from the timing of responses to requests, and adding two words to two provisions in its Freedom of Information Act regulations concerning records relating to specifically identified customers, for clarification purposes. SUMMARY: List of Subjects in 39 CFR Part 265 Administrative practice and procedure, Courts, Freedom of information, Government employees. For the reasons stated in the preamble, the Postal Service amends 39 CFR chapter I as follows: PART 265—[AMENDED] 1. The authority citation for 39 CFR part 265 continues to read as follows: BILLING CODE 4000–01–P Frm 00006 39 CFR Part 265 ■ [FR Doc. 2017–15077 Filed 7–17–17; 8:45 am] PO 00000 POSTAL SERVICE Sfmt 4700 Authority: 5 U.S.C. 552; 5 U.S.C. App. 3; 39 U.S.C. 401, 403, 410, 1001, 2601; Pub. L. 114–185. E:\FR\FM\18JYR1.SGM 18JYR1 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Rules and Regulations ■ 2. Revise § 265.1 to read as follows: pmangrum on DSK3GDR082PROD with RULES § 265.1 General provisions. (a) Policy. (1) This subpart contains the regulations that implement the Freedom of Information Act (FOIA), 5 U.S.C. 552, insofar as the Act applies to the Postal Service. These rules should be read in conjunction with the text of the FOIA and the Uniform Freedom of Information Fee Schedule and Guidelines published by the Office of Management and Budget (OMB Guidelines). The Postal Service FOIA Requester’s Guide, an easy-to-read guide for making Postal Service FOIA requests, is available at https:// about.usps.com/who-we-are/foia/ welcome.htm. (2) Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are processed under part 266 of this chapter as well as under this subpart. (3) It is the policy of the Postal Service to make its official records available to the public to the maximum extent consistent with the public interest. This policy requires a practice of full disclosure of those records that are covered by the requirements of the FOIA, subject only to the specific exemptions required or authorized by law. The exemptions from mandatory disclosure for various types of records provided by 5 U.S.C. 552(b) and 39 U.S.C. 410(c) reflect the fact that under some circumstances, the public interest may be better served by leaving the disclosure of particular records to the discretion of the Postal Service rather than by requiring their disclosure. This Postal Service policy does not create any right enforceable in court. (4) Nothing in this subpart shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA. (b) Definitions—(1) Record. (i) For purposes of this part, a record is a discrete, distinct, or segregable grouping of information that pertains to a specific topic that is: (A) Recorded, regardless of media, format, or physical characteristics, including electronic data; and (B) In the custody or control of the Postal Service. (ii) The definition of a record does not include any discrete, distinct, or segregable grouping of information created at the discretion of an employee primarily for the employee’s convenience and not disclosed to other employees. The definition of a record is not the same as a ‘‘document;’’ a single ‘‘document’’ may be a single record or it may include multiple records and VerDate Sep<11>2014 14:57 Jul 17, 2017 Jkt 241001 groupings of information that do not constitute records as defined in this section. (2) Component. For purposes of this subpart, component means any department or facility within the Postal Service that maintains records; the Office of Inspector General; and the Postal Inspection Service. Postal Service refers to all such components collectively. ■ 3. Revise § 265.5(a) to read as follows: § 265.5 Timing of responses to requests. (a) In general. Requests will ordinarily be responded to according to their order of receipt. A request that is not initially submitted to the appropriate FOIA RSC will be deemed to have been received by the Postal Service at the time that it is actually received by the appropriate FOIA RSC, but in any case a request will be deemed to have been received no later than 10 business days after the request is first received by a FOIA RSC. * * * * * ■ 4. In § 265.14, revise paragraphs (d) introductory text and (d)(5) introductory text to read as follows: § 265.14 Rules concerning specific categories of records. * * * * * (d) Disclosure of names and addresses of specifically identified Postal Service customers. Upon request, the names and addresses of specifically identified Postal Service customers will be made available only as follows: * * * * * (5) Exceptions. Except as otherwise provided in these regulations, names or addresses of specifically identified Postal Service customers will be furnished only as follows: * * * * * Ruth B. Stevenson, Attorney, Federal Compliance. [FR Doc. 2017–14934 Filed 7–17–17; 8:45 am] BILLING CODE 7710–12–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2007–0085; FRL–9965–02– Region 4] Air Plan Approval; NC; Open Burning and Miscellaneous Revisions Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 32767 approve several revisions to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina through the North Carolina Department of Environmental Quality (formerly the North Carolina Department of Environment and Natural Resources (NCDENR)), Division of Air Quality (DAQ), on October 14, 2004, March 24, 2006, and January 31, 2008. The revisions include changes to several regulations and the addition of a new section to the Exclusionary Rules of the North Carolina SIP. These revisions are part of North Carolina’s strategy to meet and maintain the national ambient air quality standards (NAAQS). This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations. DATES: This direct final rule is effective September 18, 2017 without further notice, unless EPA receives adverse comment by August 17, 2017. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2007–0085 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Sean Lakeman or Nacosta C. Ward, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Mr. Lakeman can be reached via telephone E:\FR\FM\18JYR1.SGM 18JYR1

Agencies

[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Rules and Regulations]
[Pages 32766-32767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14934]


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POSTAL SERVICE

39 CFR Part 265


Production or Disclosure of Material or Information; Adding the 
Definition of a Record and Clarifying Language Concerning the Timing of 
Responses to Requests and Specific Categories of Records

AGENCY: Postal ServiceTM.

ACTION: Final rule.

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

SUMMARY: The Postal Service is adding the definition of a record to its 
regulations concerning the Freedom of Information Act. The Postal 
Service is deleting language in order to clarify the timing of 
responses to requests. The Postal Service is also adding two words to 
two provisions in its Freedom of Information Act regulations concerning 
special categories of records, for clarification purposes.

DATES: Effective date: July 18, 2017.

FOR FURTHER INFORMATION CONTACT: Natalie A. Bonanno, Chief Counsel, 
Federal Compliance, natalie.a.bonanno@usps.gov, 202-268-2944.

SUPPLEMENTARY INFORMATION: On November 30, 2016 (81 FR 86270), the 
Postal Service published its revised Freedom of Information Act (FOIA) 
regulations to comply with the FOIA Improvement Act of 2016 (FOIAIA), 
effective December 27, 2016. In response to public comments, the Postal 
Service published an additional change to these regulations on January 
10, 2017 (82 FR 2896). After further review, the Postal Service 
published miscellaneous technical corrections to its regulations on 
March 8, 2017 (82 FR 12921). The Postal Service is now adding a record 
definition, deleting language from the timing of responses to requests, 
and adding two words to two provisions in its Freedom of Information 
Act regulations concerning records relating to specifically identified 
customers, for clarification purposes.

List of Subjects in 39 CFR Part 265

    Administrative practice and procedure, Courts, Freedom of 
information, Government employees.

    For the reasons stated in the preamble, the Postal Service amends 
39 CFR chapter I as follows:

PART 265--[AMENDED]

0
1. The authority citation for 39 CFR part 265 continues to read as 
follows:

    Authority:  5 U.S.C. 552; 5 U.S.C. App. 3; 39 U.S.C. 401, 403, 
410, 1001, 2601; Pub. L. 114-185.


[[Page 32767]]



0
2. Revise Sec.  265.1 to read as follows:


Sec.  265.1   General provisions.

    (a) Policy. (1) This subpart contains the regulations that 
implement the Freedom of Information Act (FOIA), 5 U.S.C. 552, insofar 
as the Act applies to the Postal Service. These rules should be read in 
conjunction with the text of the FOIA and the Uniform Freedom of 
Information Fee Schedule and Guidelines published by the Office of 
Management and Budget (OMB Guidelines). The Postal Service FOIA 
Requester's Guide, an easy-to-read guide for making Postal Service FOIA 
requests, is available at https://about.usps.com/who-we-are/foia/welcome.htm.
    (2) Requests made by individuals for records about themselves under 
the Privacy Act of 1974, 5 U.S.C. 552a, are processed under part 266 of 
this chapter as well as under this subpart.
    (3) It is the policy of the Postal Service to make its official 
records available to the public to the maximum extent consistent with 
the public interest. This policy requires a practice of full disclosure 
of those records that are covered by the requirements of the FOIA, 
subject only to the specific exemptions required or authorized by law. 
The exemptions from mandatory disclosure for various types of records 
provided by 5 U.S.C. 552(b) and 39 U.S.C. 410(c) reflect the fact that 
under some circumstances, the public interest may be better served by 
leaving the disclosure of particular records to the discretion of the 
Postal Service rather than by requiring their disclosure. This Postal 
Service policy does not create any right enforceable in court.
    (4) Nothing in this subpart shall be construed to entitle any 
person, as of right, to any service or to the disclosure of any record 
to which such person is not entitled under the FOIA.
    (b) Definitions--(1) Record. (i) For purposes of this part, a 
record is a discrete, distinct, or segregable grouping of information 
that pertains to a specific topic that is:
    (A) Recorded, regardless of media, format, or physical 
characteristics, including electronic data; and
    (B) In the custody or control of the Postal Service.
    (ii) The definition of a record does not include any discrete, 
distinct, or segregable grouping of information created at the 
discretion of an employee primarily for the employee's convenience and 
not disclosed to other employees. The definition of a record is not the 
same as a ``document;'' a single ``document'' may be a single record or 
it may include multiple records and groupings of information that do 
not constitute records as defined in this section.
    (2) Component. For purposes of this subpart, component means any 
department or facility within the Postal Service that maintains 
records; the Office of Inspector General; and the Postal Inspection 
Service. Postal Service refers to all such components collectively.

0
3. Revise Sec.  265.5(a) to read as follows:


Sec.  265.5   Timing of responses to requests.

    (a) In general. Requests will ordinarily be responded to according 
to their order of receipt. A request that is not initially submitted to 
the appropriate FOIA RSC will be deemed to have been received by the 
Postal Service at the time that it is actually received by the 
appropriate FOIA RSC, but in any case a request will be deemed to have 
been received no later than 10 business days after the request is first 
received by a FOIA RSC.
* * * * *

0
4. In Sec.  265.14, revise paragraphs (d) introductory text and (d)(5) 
introductory text to read as follows:


Sec.  265.14   Rules concerning specific categories of records.

* * * * *
    (d) Disclosure of names and addresses of specifically identified 
Postal Service customers. Upon request, the names and addresses of 
specifically identified Postal Service customers will be made available 
only as follows:
* * * * *
    (5) Exceptions. Except as otherwise provided in these regulations, 
names or addresses of specifically identified Postal Service customers 
will be furnished only as follows:
* * * * *

Ruth B. Stevenson,
Attorney, Federal Compliance.
[FR Doc. 2017-14934 Filed 7-17-17; 8:45 am]
 BILLING CODE 7710-12-P