Freedom of Information Act and Government in the Sunshine Act Procedures, 34835-34838 [2017-15660]
Download as PDF
34835
Rules and Regulations
Federal Register
Vol. 82, No. 143
Thursday, July 27, 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.
PRIVACY AND CIVIL LIBERTIES
OVERSIGHT BOARD
6 CFR Parts 1001 and 1003
[PCLOB Case 2017–001; Docket No. 2017–
0001; Sequence No. 1]
RIN 0311–AA03
Freedom of Information Act and
Government in the Sunshine Act
Procedures
Privacy and Civil Liberties
Oversight Board.
ACTION: Final rule.
The Privacy and Civil
Liberties Oversight Board is updating its
Freedom of Information Act regulation
to conform to the FOIA Amendments
Act of 2016 and updating its Sunshine
Act regulation to clarify how public
meetings will be announced and how
changes to the meeting may occur after
public announcement.
DATES: Effective: August 28, 2017.
FOR FURTHER INFORMATION CONTACT: Ms.
Lynn Parker Dupree, Deputy General
Counsel, Privacy and Civil Liberties
Oversight Board, at 202–296–4682 or
lynn.parker.dupree@pclob.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
The changes to the Freedom of
Information Act are conforming
amendments to reflect the requirements
of the FOIA Improvement Act of 2016.
The changes to the Sunshine Act
regulation are conforming amendments
that reflect changes to the agency’s
Sunshine Act procedures.
II. Regulatory Analysis and Notices
mstockstill on DSK30JT082PROD with RULES
The Unfunded Mandates Reform Act
of 1995 (UMRA), Public Law 104–4,
requires each agency to assess the
effects of its regulatory actions on state,
local, and tribal governments, and the
private sector. Agencies must prepare a
written statement of economic and
regulatory alternatives anytime a
proposed or final rule imposes a new or
additional enforceable duty on any
state, local, or tribal government or the
private sector that causes those entities
to spend, in aggregate, $100 million or
more (adjusted for inflation) in any one
year (defined in UMRA as a ‘‘federal
mandate’’). The Board determined that
such a written statement is not required
in connection with this final rule
because it will not impose a federal
mandate, as defined in UMRA.
National Environmental Policy Act
I. Background
Executive Order 12866
This final rule is not a ‘‘significant
regulatory action’’ within the meaning
of Executive Order 12866. The
economic impact of these regulations
should be minimal, therefore, further
economic evaluation is not necessary.
17:07 Jul 26, 2017
The Regulatory Flexibility Act, as
amended by the Small Business
Regulatory Enforcement Act of 1996 (5
U.S.C. 601 et seq.), generally requires an
agency to prepare a regulatory flexibility
analysis for any rule subject to notice
and comment rulemaking under the
Administrative Procedure Act or any
other statute, unless the agency certifies
that the rule will not have a significant
economic impact on a number of small
entities. Small entities include small
businesses, small organizations, and
small government jurisdictions. The
Board considered the effects on this
rulemaking on small entities and
certifies that this final rule will not have
a significant impact on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
AGENCY:
VerDate Sep<11>2014
Regulatory Flexibility Act, as Amended
Jkt 241001
The Board analyzed this final rule for
purposes of the National Environmental
Policy Act of 1969, 42 U.S.C. 4321 et
seq., and determined that it would not
significantly affect the environment;
therefore, an environmental impact
statement is not required.
Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA), 44 U.S.C. 3501 et seq.,
federal agencies must obtain approval
from the Office of Management and
Budget for each collection of
information they conduct, sponsor, or
require through regulations. This final
rule does not include an information
collection for purposes of the PRA.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Executive Order 13132 (Federalism)
This action has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132, dated August 4, 1999, and the
Board determined that it does not have
sufficient implications for federalism to
warrant the preparation of a Federalism
Assessment.
List of Subjects in 6 CFR Parts 1001 and
1003
Administrative practice and
procedure, Public availability of
information, Meetings.
Dated: July 19, 2017.
Lynn Parker Dupree,
Deputy General Counsel, Alternate
Designated Agency Ethics Official, Privacy
and Civil Liberties Oversight Board.
For the reasons set forth in the
preamble, the Board amends 6 CFR
parts 1001 and 1003 as set forth below:
PART 1001—PROCEDURES FOR
DISCLOSURE OF RECORDS UNDER
THE FREEDOM OF INFORMATION ACT
1. The authority citation for part 1001
continues to read as follows:
■
Authority: 5 U.S.C. 552, as amended;
Executive Order 12600.
2. Amend § 1001.2 by revising the
definition ‘‘Chief FOIA Officer’’ to read
as follows:
■
§ 1001.2
Definitions.
*
*
*
*
*
Chief FOIA Officer means the senior
official to whom the Board delegated
responsibility for efficient and
appropriate compliance with the FOIA.
*
*
*
*
*
■ 3. Revise § 1001.5 to read as follows:
§ 1001.5
Requests for records.
(a) You may request copies of records
under this part by email to FOIA@
pclob.gov or in writing addressed to
FOIA Officer, Privacy and Civil
Liberties Oversight Board. Requestors
should check the Board’s Web site at
https://www.pclob.gov for the Board’s
current mailing address. Please provide
contact information, such as your phone
number, email address, and/or mailing
address, to assist the Board in
communicating with you and providing
released records.
(b) Your request shall reasonably
describe the records sought with
sufficient specificity, and when
E:\FR\FM\27JYR1.SGM
27JYR1
34836
Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules and Regulations
possible, include names, dates, and
subject matter, in order to permit the
FOIA Officer to locate the records with
a reasonable amount of effort. If the
FOIA Officer cannot locate responsive
records based on your written
description, you will be notified and
advised that further identifying
information is necessary before the
request can be fulfilled. Requesters who
are attempting to reformulate or modify
such a request may discuss their request
with the Board’s FOIA Officer or FOIA
Public Liaison. If a request does not
reasonably describe the records sought,
the Board’s response to the request is
likely to be delayed.
(c) Although requests are considered
either FOIA or Privacy Act requests, the
Board processes requests for records in
accordance with both laws so as to
provide the greatest degree of lawful
access while safeguarding an
individual’s personal privacy.
(d) Your request should specify your
preferred form or format (including
electronic formats) for the records you
seek. We will accommodate your
request if the record is readily available
in that form or format. When you do not
specify the form or format of the
response, we will provide responsive
records in the form or format most
convenient to us.
■ 4. Amend § 1001.6 by—
■ a. Removing ‘‘and’’ from the end of
paragraph (b)(3);
■ b. Removing the period from the end
of paragraph (b)(4) and adding ‘‘; and’’
in its place;
■ c. Adding paragraph (b)(5);
■ d. Revising paragraph (c)(1); and
■ e. Adding paragraph (d).
The additions and revision read as
follows:
§ 1001.6 Responsibility for responding to
requests.
mstockstill on DSK30JT082PROD with RULES
*
*
*
*
*
(b) * * *
(5) A statement notifying you of the
assistance available from the Board’s
FOIA Public Liaison and the dispute
resolution services offered by OGIS.
(c) * * *
(1) Upon receipt of a FOIA request for
a record within the Board’s possession,
the FOIA Officer should determine if
the Board or another federal agency is
best able to determine eligibility for
disclosure under the FOIA. As to any
such record, the FOIA Officer must
proceed in one of the following ways:
(i) Consultation. When records
originated with the Board, but contain
within them information of interest to or
originated by another agency or Federal
Government office, the FOIA Officer
VerDate Sep<11>2014
17:07 Jul 26, 2017
Jkt 241001
must consult with that other entity prior
to making a release determination.
(ii) Referral. When the FOIA Officer
believes that a different agency is best
able to determine whether to disclose
the record the FOIA Officer will refer
the responsibility for responding to the
request regarding that record to that
agency (but only if that other
department or agency is subject to
FOIA). Ordinarily, the department or
agency that originated the record will be
presumed best able to determine
whether to disclose it. However, if the
FOIA Officer and the originating agency
jointly agree that the Board is in the best
position to respond regarding the
record, then the record may be handled
as a consultation.
*
*
*
*
*
(d) Coordination. The standard
referral procedure is not appropriate
where disclosure of the identity of the
agency to which the referral would be
made is classified for national security
reasons or otherwise could harm an
interest protected by an applicable
exemption, such as the exemptions that
protect personal privacy or national
security interests. For instance, if the
Board locates within its files materials
originating with an Intelligence
Community agency, and the
involvement of that agency in the matter
is classified and not publicly
acknowledged, then to disclose or give
attribution to the involvement of that
Intelligence Community agency could
cause national security harms. In such
an instance, in order to avoid harm to
an interest protected by an applicable
exemption, the Board will coordinate
with the originating agency to seek its
views on the disclosability of the record.
The release determination for the record
that is the subject of the coordination
will then be conveyed to the requester
by the Board.
■ 5. Revise § 1001.7 to read as follows:
§ 1001.7
Administrative appeals.
(a) You may appeal an adverse
determination related to your FOIA
request, or the Board’s failure to
respond to your FOIA request within
the prescribed time limits, to the Chief
FOIA Officer, Privacy and Civil
Liberties Oversight Board. Requestors
should check the Board’s Web site at
https://www.pclob.gov for the Board’s
current mailing address.
(b) Your appeal must be in writing,
sent to the address posted on the
Board’s Web site in accordance with
paragraph (a) of this section, and it must
be postmarked, or in the case of
electronic submissions, transmitted,
within 90 calendar days after the date of
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
the letter denying your request, in
whole or in part. The appeal should
clearly identify the agency
determination that is being appealed
and the assigned case request number.
In case of the Board’s failure to respond
within the statutory time frame, you
may submit an administrative appeal at
any time until an agency response has
been provided. For the most expeditious
handling, your appeal letter and
envelope, or subject line of the
electronic transmission, should be
marked ‘‘Freedom of Information Act
appeal.’’
(c) Your appeal letter should state
facts and may cite legal or other
authorities in support of your request.
(d) On receipt of any appeal involving
classified information, the Chief FOIA
Officer must take appropriate action to
ensure compliance with applicable
classification rules.
(e) The Chief FOIA Officer shall
respond to all administrative appeals in
writing and within the time frame stated
in § 1001.8(d). If the decision affirms, in
whole or in part, the FOIA Officer’s
determination, the letter shall contain a
statement of the reasons for the
affirmance, including any FOIA
exemption(s) applied, and will inform
you of the FOIA’s provisions for court
review. If the Chief FOIA Officer
reverses or modifies the FOIA Officer’s
determination, in whole or in part, you
will be notified in writing and your
request will be reprocessed in
accordance with that decision. The
Board may work with Office of
Government Information Services
(OGIS) to resolve disputes between
FOIA requestors and the Board. A
requester may also contact OGIS in the
following ways: Via mail to OGIS,
National Archives and Records
Administration, 8601 Adelphi Road—
OGIS, College Park, MD 20740
(ogis.archives.gov), via email at ogis@
nara.gov, or via the telephone at 202–
741–5770 or 877–684–6448. Facsimile is
also available at 202–741–5769.
■ 6. Amend § 1001.9 by adding a
sentence to the end of paragraphs (c)
and (f) to read as follows:
§ 1001.9
Business information.
*
*
*
*
*
(c) * * * Any information provided
by a submitter under this subpart may
itself be subject to disclosure under the
FOIA.
*
*
*
*
*
(f) * * * The Board also must notify
the requester when it notifies the
submitter of its intent to disclose the
requested information, and whenever a
submitter files a lawsuit to prevent the
disclosure of the information.
E:\FR\FM\27JYR1.SGM
27JYR1
Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules and Regulations
■
7. Revise § 1001.10 to read as follows:
mstockstill on DSK30JT082PROD with RULES
§ 1001.10
Fees.
(a) We will charge fees that recoup the
full allowable direct costs we incur in
processing your FOIA request. Fees may
be charged for search, review or
duplication. As a matter of
administrative discretion, the Board
may release records without charge or at
a reduced rate whenever the Board
determines that the interest of the
United States government would be
served. We will use the most efficient
and least costly methods to comply with
your request. The Board may charge for
search time even if no records are
located or the records located are
exempt from disclosure. If the Board
fails to comply with the FOIA’s time
limits in which to respond to a request,
it may not charge search fees, unless the
circumstances outlined in paragraph (o)
of this section are met.
(b) With regard to manual searches for
records, we will charge the salary rate(s)
(calculated as the basic rate of pay plus
16 percent of that basic rate to cover
benefits) of the employee(s) performing
the search.
(c) In calculating charges for computer
searches for records, we will charge at
the actual direct cost of providing the
service, including the cost of operating
computers and other electronic
equipment, such as photocopiers and
scanners, directly attributable to
searching for records potentially
responsive to your FOIA request and the
portion of the salary of the operators/
programmers performing the search.
(d) We may only charge requesters
seeking documents for commercial use
for time spent reviewing records to
determine whether they are exempt
from mandatory disclosure. Charges
may be assessed only for the initial
review—that is, the review undertaken
the first time we analyze the
applicability of a specific exemption to
a particular record or portion of a
record. Records or portions of records
withheld in full under an exemption
that is subsequently determined not to
apply may be reviewed again to
determine the applicability of other
exemptions not previously considered.
We may assess the costs for such
subsequent review. No charge will be
made for review at the administrative
appeal stage of exemptions applied at
the initial review stage.
(e) Records will be duplicated at a rate
of $.10 per page, except that the Board
may adjust this rate from time to time
by rule published in the Federal
Register. For copies prepared by
computer, such as tapes, CDs, DVDs, or
printouts, we will charge the actual cost,
VerDate Sep<11>2014
17:07 Jul 26, 2017
Jkt 241001
including operator time, of production.
For other methods of reproduction or
duplication, we will charge the actual
direct costs of producing the
document(s). If we estimate that
duplication charges are likely to exceed
$25, we will notify you of the estimated
amount of fees, unless you indicated in
advance your willingness to pay fees as
high as those anticipated. Our notice
will offer you an opportunity to confer
with Board personnel to reformulate the
request to meet your needs at a lower
cost. If the Board notifies you that the
actual or estimated fees are in excess of
$25.00, your request will not be
considered received and further work
will not be completed until you commit
in writing to pay the actual or estimated
total fee, or designate some amount of
fees you are willing to pay, or in the
case of a noncommercial use requester
who has not yet been provided with
your statutory entitlements, you
designate that you seek only that which
can be provided by the statutory
entitlements. The Board’s FOIA Officer
or Public Liaison are available to assist
you in reformulating your request to
meet your needs at a lower cost.
(f) We will charge you the full costs
of providing you with the following
services:
(1) Certifying that records are true
copies; or
(2) Sending records by special
methods such as express mail.
(g) We may assess interest charges on
an unpaid bill starting on the 31st
calendar day following the day on
which the billing was sent. Interest shall
be at the rate prescribed in 31 U.S.C.
3717 and will accrue from the date of
the billing until payment is received by
the Board.
(h) We will not charge a search fee for
requests by educational institutions,
non-commercial scientific institutions,
or representatives of the news media. A
search fee will be charged for a
commercial use request.
(i) The Board will not charge
duplication fees for requests by
educational institutions, noncommercial scientific institutions, or
representatives of the news media for a
non-commercial use request if the
agency fails to comply with the FOIA’s
time limits in which to respond to a
request.
(j) Except for a commercial use
request, we will not charge you for the
first 100 pages of duplication and the
first two hours of search.
(k) You may not file multiple
requests, each seeking portions of a
document or documents, solely for the
purpose of avoiding payment of fees.
When the Board reasonably believes
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
34837
that a requester, or a group of requesters
acting in concert, has submitted
requests that constitute a single request
involving clearly related matters, we
may aggregate those requests and charge
accordingly.
(l) We may not require you to make
payment before we begin work to satisfy
the request or to continue work on a
request, unless:
(1) We estimate or determine that the
allowable charges that you may be
required to pay are likely to exceed
$250; or
(2) You have previously failed to pay
a fee charged within 30 calendar days of
the date of billing.
(m) In cases in which the Board
requires advance payment, the request
will not be considered received and
further work will not be completed until
the required payment is received. If you
do not pay the advance payment within
30 calendar days after the date of the
Board’s fee determination, the request
will be closed.
(n) Upon written request, we may
waive or reduce fees that are otherwise
chargeable under this part. If you
request a waiver or reduction in fees,
you must demonstrate that a waiver or
reduction in fees is in the public interest
because disclosure of the requested
records is likely to contribute
significantly to the public
understanding of the operations or
activities of the government and is not
primarily in your commercial interest.
After processing, actual fees must
exceed $25, for the Board to require
payment of fees.
(o) If the Board has determined that
unusual circumstances, as defined by
the FOIA, apply and more than 5,000
pages are necessary to respond to the
request, the Board may charge search
fees, or, in the case of requesters
described in paragraph (h) of this
section, may charge duplication fees, if
the following steps are taken. The Board
must have provided timely written
notice of unusual circumstances to the
requester in accordance with the FOIA
and the agency must have 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). If this
exception is satisfied, the Board may
charge all applicable fees incurred in
the processing of the request.
■ 8. Add § 1001.11 to read as follows:
§ 1001.11
Other rights and services.
Nothing in this subpart shall be
construed to entitle any person, as of
right, to any service or to the disclosure
E:\FR\FM\27JYR1.SGM
27JYR1
34838
Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules and Regulations
of any record to which such person is
not entitled under the FOIA.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
PART 1003—IMPLEMENTATION OF
THE GOVERNMENT IN THE SUNSHINE
ACT
9. The authority citation for part 1003
continues to read as follows:
■
10. Amend § 1003.4 by revising
paragraph (c) and adding paragraphs (d)
through (f) to read as follows:
■
§ 1003.4 Procedures for public
announcement of meetings.
*
*
*
*
*
(c) When a meeting has been called by
the Chairman, the notice shall contain
such agenda items as the Chairman
designates. The notice shall be
circulated to Members in advance of
publication and Members, by majority
vote, may add additional agenda items.
(d) When a meeting is called by a
majority of Members, the notice shall
contain such agenda items as have been
approved by a majority of the Board.
(e) The Executive Director will ensure
that the final agenda for the meeting
conforms to the notice published in the
Federal Register.
(f) If public notice is provided by
means other than publication in the
Federal Register, notice will be
promptly submitted to the Federal
Register for publication.
■ 11. Revise § 1003.7 to read as follows:
mstockstill on DSK30JT082PROD with RULES
§ 1003.7 Changes following public
announcement.
(a) The time, place, and agenda items
of a meeting following the public
announcement described in § 1003.4, or
the determination of the Board to open
or close a meeting, or a portion thereof,
to the public may be changed following
public announcement only if:
(1) A majority of all members
determine by recorded vote that Board
business so requires and that no earlier
announcement of the change was
possible; and
(2) The Board publicly announces
such change and the vote of each
member thereon at the earliest
practicable time.
(b) Changes to the time, place and
agenda items of a meeting called by the
Chairman pursuant to § 1003.4(c) must
be made with the concurrence of the
Chairman, except that when Members
have, by majority vote, added additional
agenda items, the addition of those
agenda items does not require the
Chairman’s concurrence.
[FR Doc. 2017–15660 Filed 7–26–17; 8:45 am]
BILLING CODE 6820–B3–P
17:07 Jul 26, 2017
[Docket No. FAA–2017–0664; Directorate
Identifier 2016–SW–073–AD; Amendment
39–18947; AD 2017–14–03]
RIN 2120–AA64
Authority: 5 U.S.C. 552b.
VerDate Sep<11>2014
14 CFR Part 39
Jkt 241001
Airworthiness Directives; Sikorsky
Aircraft Corporation
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
We are adopting a new
airworthiness directive (AD) for
Sikorsky Aircraft Corporation (Sikorsky)
Model S–92A helicopters. This AD
requires an inspection and reduces the
retirement lives of certain landing gear
components. This AD is prompted by a
revised analysis of the fatigue life of the
landing gear. The actions of this AD are
intended to prevent an unsafe condition
on these products.
DATES: This AD becomes effective
August 11, 2017.
The Director of the Federal Register
approved the incorporation by reference
of a certain document listed in this AD
as of August 11, 2017.
We must receive comments on this
AD by September 25, 2017.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Docket: Go to
https://www.regulations.gov. Follow the
online instructions for sending your
comments electronically.
• Fax: 202–493–2251.
• Mail: Send comments to the U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590–0001.
• Hand Delivery: Deliver to the
‘‘Mail’’ address between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0664; or in person at the Docket
Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this AD, any incorporated by
reference service information, the
economic evaluation, any comments
received, and other information. The
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
street address for the Docket Operations
Office (telephone 800–647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
For service information identified in
this final rule, contact Sikorsky Aircraft
Corporation, Customer Service
Engineering, 124 Quarry Road,
Trumbull, CT 06611; telephone 1–800–
Winged–S or 203–416–4299; email:
wcs_cust_service_eng.gr-sik@lmco.com.
You may review the referenced service
information at the FAA, Office of the
Regional Counsel, Southwest Region,
10101 Hillwood Pkwy., Room 6N–321,
Fort Worth, TX 76177. It is also
available on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0664.
FOR FURTHER INFORMATION CONTACT:
Dorie Resnik, Aviation Safety Engineer,
Boston Aircraft Certification Office,
Engine & Propeller Directorate, 1200
District Avenue, Burlington,
Massachusetts 01803; telephone (781)
238–7693; email dorie.resnik@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not provide you with notice and
an opportunity to provide your
comments prior to it becoming effective.
However, we invite you to participate in
this rulemaking by submitting written
comments, data, or views. We also
invite comments relating to the
economic, environmental, energy, or
federalism impacts that resulted from
adopting this AD. The most helpful
comments reference a specific portion of
the AD, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should send only one copy
of written comments, or if comments are
filed electronically, commenters should
submit them only one time. We will file
in the docket all comments that we
receive, as well as a report summarizing
each substantive public contact with
FAA personnel concerning this
rulemaking during the comment period.
We will consider all the comments we
receive and may conduct additional
rulemaking based on those comments.
Discussion
We are adopting a new AD for
Sikorsky Model S–92A helicopters. This
AD is prompted by Sikorsky’s updated
fatigue analysis of the nose and main
landing gear as part of a supplier
transition project. The updated fatigue
E:\FR\FM\27JYR1.SGM
27JYR1
Agencies
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Rules and Regulations]
[Pages 34835-34838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15660]
========================================================================
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.
========================================================================
Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules
and Regulations
[[Page 34835]]
PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
6 CFR Parts 1001 and 1003
[PCLOB Case 2017-001; Docket No. 2017-0001; Sequence No. 1]
RIN 0311-AA03
Freedom of Information Act and Government in the Sunshine Act
Procedures
AGENCY: Privacy and Civil Liberties Oversight Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Privacy and Civil Liberties Oversight Board is updating
its Freedom of Information Act regulation to conform to the FOIA
Amendments Act of 2016 and updating its Sunshine Act regulation to
clarify how public meetings will be announced and how changes to the
meeting may occur after public announcement.
DATES: Effective: August 28, 2017.
FOR FURTHER INFORMATION CONTACT: Ms. Lynn Parker Dupree, Deputy General
Counsel, Privacy and Civil Liberties Oversight Board, at 202-296-4682
or lynn.parker.dupree@pclob.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The changes to the Freedom of Information Act are conforming
amendments to reflect the requirements of the FOIA Improvement Act of
2016. The changes to the Sunshine Act regulation are conforming
amendments that reflect changes to the agency's Sunshine Act
procedures.
II. Regulatory Analysis and Notices
Executive Order 12866
This final rule is not a ``significant regulatory action'' within
the meaning of Executive Order 12866. The economic impact of these
regulations should be minimal, therefore, further economic evaluation
is not necessary.
Regulatory Flexibility Act, as Amended
The Regulatory Flexibility Act, as amended by the Small Business
Regulatory Enforcement Act of 1996 (5 U.S.C. 601 et seq.), generally
requires an agency to prepare a regulatory flexibility analysis for any
rule subject to notice and comment rulemaking under the Administrative
Procedure Act or any other statute, unless the agency certifies that
the rule will not have a significant economic impact on a number of
small entities. Small entities include small businesses, small
organizations, and small government jurisdictions. The Board considered
the effects on this rulemaking on small entities and certifies that
this final rule will not have a significant impact on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4,
requires each agency to assess the effects of its regulatory actions on
state, local, and tribal governments, and the private sector. Agencies
must prepare a written statement of economic and regulatory
alternatives anytime a proposed or final rule imposes a new or
additional enforceable duty on any state, local, or tribal government
or the private sector that causes those entities to spend, in
aggregate, $100 million or more (adjusted for inflation) in any one
year (defined in UMRA as a ``federal mandate''). The Board determined
that such a written statement is not required in connection with this
final rule because it will not impose a federal mandate, as defined in
UMRA.
National Environmental Policy Act
The Board analyzed this final rule for purposes of the National
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., and
determined that it would not significantly affect the environment;
therefore, an environmental impact statement is not required.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et
seq., federal agencies must obtain approval from the Office of
Management and Budget for each collection of information they conduct,
sponsor, or require through regulations. This final rule does not
include an information collection for purposes of the PRA.
Executive Order 13132 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132, dated August 4, 1999, and
the Board determined that it does not have sufficient implications for
federalism to warrant the preparation of a Federalism Assessment.
List of Subjects in 6 CFR Parts 1001 and 1003
Administrative practice and procedure, Public availability of
information, Meetings.
Dated: July 19, 2017.
Lynn Parker Dupree,
Deputy General Counsel, Alternate Designated Agency Ethics Official,
Privacy and Civil Liberties Oversight Board.
For the reasons set forth in the preamble, the Board amends 6 CFR
parts 1001 and 1003 as set forth below:
PART 1001--PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM
OF INFORMATION ACT
0
1. The authority citation for part 1001 continues to read as follows:
Authority: 5 U.S.C. 552, as amended; Executive Order 12600.
0
2. Amend Sec. 1001.2 by revising the definition ``Chief FOIA Officer''
to read as follows:
Sec. 1001.2 Definitions.
* * * * *
Chief FOIA Officer means the senior official to whom the Board
delegated responsibility for efficient and appropriate compliance with
the FOIA.
* * * * *
0
3. Revise Sec. 1001.5 to read as follows:
Sec. 1001.5 Requests for records.
(a) You may request copies of records under this part by email to
FOIA@pclob.gov or in writing addressed to FOIA Officer, Privacy and
Civil Liberties Oversight Board. Requestors should check the Board's
Web site at https://www.pclob.gov for the Board's current mailing
address. Please provide contact information, such as your phone number,
email address, and/or mailing address, to assist the Board in
communicating with you and providing released records.
(b) Your request shall reasonably describe the records sought with
sufficient specificity, and when
[[Page 34836]]
possible, include names, dates, and subject matter, in order to permit
the FOIA Officer to locate the records with a reasonable amount of
effort. If the FOIA Officer cannot locate responsive records based on
your written description, you will be notified and advised that further
identifying information is necessary before the request can be
fulfilled. Requesters who are attempting to reformulate or modify such
a request may discuss their request with the Board's FOIA Officer or
FOIA Public Liaison. If a request does not reasonably describe the
records sought, the Board's response to the request is likely to be
delayed.
(c) Although requests are considered either FOIA or Privacy Act
requests, the Board processes requests for records in accordance with
both laws so as to provide the greatest degree of lawful access while
safeguarding an individual's personal privacy.
(d) Your request should specify your preferred form or format
(including electronic formats) for the records you seek. We will
accommodate your request if the record is readily available in that
form or format. When you do not specify the form or format of the
response, we will provide responsive records in the form or format most
convenient to us.
0
4. Amend Sec. 1001.6 by--
0
a. Removing ``and'' from the end of paragraph (b)(3);
0
b. Removing the period from the end of paragraph (b)(4) and adding ``;
and'' in its place;
0
c. Adding paragraph (b)(5);
0
d. Revising paragraph (c)(1); and
0
e. Adding paragraph (d).
The additions and revision read as follows:
Sec. 1001.6 Responsibility for responding to requests.
* * * * *
(b) * * *
(5) A statement notifying you of the assistance available from the
Board's FOIA Public Liaison and the dispute resolution services offered
by OGIS.
(c) * * *
(1) Upon receipt of a FOIA request for a record within the Board's
possession, the FOIA Officer should determine if the Board or another
federal agency is best able to determine eligibility for disclosure
under the FOIA. As to any such record, the FOIA Officer must proceed in
one of the following ways:
(i) Consultation. When records originated with the Board, but
contain within them information of interest to or originated by another
agency or Federal Government office, the FOIA Officer must consult with
that other entity prior to making a release determination.
(ii) Referral. When the FOIA Officer believes that a different
agency is best able to determine whether to disclose the record the
FOIA Officer will refer the responsibility for responding to the
request regarding that record to that agency (but only if that other
department or agency is subject to FOIA). Ordinarily, the department or
agency that originated the record will be presumed best able to
determine whether to disclose it. However, if the FOIA Officer and the
originating agency jointly agree that the Board is in the best position
to respond regarding the record, then the record may be handled as a
consultation.
* * * * *
(d) Coordination. The standard referral procedure is not
appropriate where disclosure of the identity of the agency to which the
referral would be made is classified for national security reasons or
otherwise could harm an interest protected by an applicable exemption,
such as the exemptions that protect personal privacy or national
security interests. For instance, if the Board locates within its files
materials originating with an Intelligence Community agency, and the
involvement of that agency in the matter is classified and not publicly
acknowledged, then to disclose or give attribution to the involvement
of that Intelligence Community agency could cause national security
harms. In such an instance, in order to avoid harm to an interest
protected by an applicable exemption, the Board will coordinate with
the originating agency to seek its views on the disclosability of the
record. The release determination for the record that is the subject of
the coordination will then be conveyed to the requester by the Board.
0
5. Revise Sec. 1001.7 to read as follows:
Sec. 1001.7 Administrative appeals.
(a) You may appeal an adverse determination related to your FOIA
request, or the Board's failure to respond to your FOIA request within
the prescribed time limits, to the Chief FOIA Officer, Privacy and
Civil Liberties Oversight Board. Requestors should check the Board's
Web site at https://www.pclob.gov for the Board's current mailing
address.
(b) Your appeal must be in writing, sent to the address posted on
the Board's Web site in accordance with paragraph (a) of this section,
and it must be postmarked, or in the case of electronic submissions,
transmitted, within 90 calendar days after the date of the letter
denying your request, in whole or in part. The appeal should clearly
identify the agency determination that is being appealed and the
assigned case request number. In case of the Board's failure to respond
within the statutory time frame, you may submit an administrative
appeal at any time until an agency response has been provided. For the
most expeditious handling, your appeal letter and envelope, or subject
line of the electronic transmission, should be marked ``Freedom of
Information Act appeal.''
(c) Your appeal letter should state facts and may cite legal or
other authorities in support of your request.
(d) On receipt of any appeal involving classified information, the
Chief FOIA Officer must take appropriate action to ensure compliance
with applicable classification rules.
(e) The Chief FOIA Officer shall respond to all administrative
appeals in writing and within the time frame stated in Sec. 1001.8(d).
If the decision affirms, in whole or in part, the FOIA Officer's
determination, the letter shall contain a statement of the reasons for
the affirmance, including any FOIA exemption(s) applied, and will
inform you of the FOIA's provisions for court review. If the Chief FOIA
Officer reverses or modifies the FOIA Officer's determination, in whole
or in part, you will be notified in writing and your request will be
reprocessed in accordance with that decision. The Board may work with
Office of Government Information Services (OGIS) to resolve disputes
between FOIA requestors and the Board. A requester may also contact
OGIS in the following ways: Via mail to OGIS, National Archives and
Records Administration, 8601 Adelphi Road--OGIS, College Park, MD 20740
(ogis.archives.gov), via email at ogis@nara.gov, or via the telephone
at 202-741-5770 or 877-684-6448. Facsimile is also available at 202-
741-5769.
0
6. Amend Sec. 1001.9 by adding a sentence to the end of paragraphs (c)
and (f) to read as follows:
Sec. 1001.9 Business information.
* * * * *
(c) * * * Any information provided by a submitter under this
subpart may itself be subject to disclosure under the FOIA.
* * * * *
(f) * * * The Board also must notify the requester when it notifies
the submitter of its intent to disclose the requested information, and
whenever a submitter files a lawsuit to prevent the disclosure of the
information.
[[Page 34837]]
0
7. Revise Sec. 1001.10 to read as follows:
Sec. 1001.10 Fees.
(a) We will charge fees that recoup the full allowable direct costs
we incur in processing your FOIA request. Fees may be charged for
search, review or duplication. As a matter of administrative
discretion, the Board may release records without charge or at a
reduced rate whenever the Board determines that the interest of the
United States government would be served. We will use the most
efficient and least costly methods to comply with your request. The
Board may charge for search time even if no records are located or the
records located are exempt from disclosure. If the Board fails to
comply with the FOIA's time limits in which to respond to a request, it
may not charge search fees, unless the circumstances outlined in
paragraph (o) of this section are met.
(b) With regard to manual searches for records, we will charge the
salary rate(s) (calculated as the basic rate of pay plus 16 percent of
that basic rate to cover benefits) of the employee(s) performing the
search.
(c) In calculating charges for computer searches for records, we
will charge at the actual direct cost of providing the service,
including the cost of operating computers and other electronic
equipment, such as photocopiers and scanners, directly attributable to
searching for records potentially responsive to your FOIA request and
the portion of the salary of the operators/programmers performing the
search.
(d) We may only charge requesters seeking documents for commercial
use for time spent reviewing records to determine whether they are
exempt from mandatory disclosure. Charges may be assessed only for the
initial review--that is, the review undertaken the first time we
analyze the applicability of a specific exemption to a particular
record or portion of a record. Records or portions of records withheld
in full under an exemption that is subsequently determined not to apply
may be reviewed again to determine the applicability of other
exemptions not previously considered. We may assess the costs for such
subsequent review. No charge will be made for review at the
administrative appeal stage of exemptions applied at the initial review
stage.
(e) Records will be duplicated at a rate of $.10 per page, except
that the Board may adjust this rate from time to time by rule published
in the Federal Register. For copies prepared by computer, such as
tapes, CDs, DVDs, or printouts, we will charge the actual cost,
including operator time, of production. For other methods of
reproduction or duplication, we will charge the actual direct costs of
producing the document(s). If we estimate that duplication charges are
likely to exceed $25, we will notify you of the estimated amount of
fees, unless you indicated in advance your willingness to pay fees as
high as those anticipated. Our notice will offer you an opportunity to
confer with Board personnel to reformulate the request to meet your
needs at a lower cost. If the Board notifies you that the actual or
estimated fees are in excess of $25.00, your request will not be
considered received and further work will not be completed until you
commit in writing to pay the actual or estimated total fee, or
designate some amount of fees you are willing to pay, or in the case of
a noncommercial use requester who has not yet been provided with your
statutory entitlements, you designate that you seek only that which can
be provided by the statutory entitlements. The Board's FOIA Officer or
Public Liaison are available to assist you in reformulating your
request to meet your needs at a lower cost.
(f) We will charge you the full costs of providing you with the
following services:
(1) Certifying that records are true copies; or
(2) Sending records by special methods such as express mail.
(g) We may assess interest charges on an unpaid bill starting on
the 31st calendar day following the day on which the billing was sent.
Interest shall be at the rate prescribed in 31 U.S.C. 3717 and will
accrue from the date of the billing until payment is received by the
Board.
(h) We will not charge a search fee for requests by educational
institutions, non-commercial scientific institutions, or
representatives of the news media. A search fee will be charged for a
commercial use request.
(i) The Board will not charge duplication fees for requests by
educational institutions, non-commercial scientific institutions, or
representatives of the news media for a non-commercial use request if
the agency fails to comply with the FOIA's time limits in which to
respond to a request.
(j) Except for a commercial use request, we will not charge you for
the first 100 pages of duplication and the first two hours of search.
(k) You may not file multiple requests, each seeking portions of a
document or documents, solely for the purpose of avoiding payment of
fees. When the Board reasonably believes that a requester, or a group
of requesters acting in concert, has submitted requests that constitute
a single request involving clearly related matters, we may aggregate
those requests and charge accordingly.
(l) We may not require you to make payment before we begin work to
satisfy the request or to continue work on a request, unless:
(1) We estimate or determine that the allowable charges that you
may be required to pay are likely to exceed $250; or
(2) You have previously failed to pay a fee charged within 30
calendar days of the date of billing.
(m) In cases in which the Board requires advance payment, the
request will not be considered received and further work will not be
completed until the required payment is received. If you do not pay the
advance payment within 30 calendar days after the date of the Board's
fee determination, the request will be closed.
(n) Upon written request, we may waive or reduce fees that are
otherwise chargeable under this part. If you request a waiver or
reduction in fees, you must demonstrate that a waiver or reduction in
fees is in the public interest because disclosure of the requested
records is likely to contribute significantly to the public
understanding of the operations or activities of the government and is
not primarily in your commercial interest. After processing, actual
fees must exceed $25, for the Board to require payment of fees.
(o) If the Board has determined that unusual circumstances, as
defined by the FOIA, apply and more than 5,000 pages are necessary to
respond to the request, the Board may charge search fees, or, in the
case of requesters described in paragraph (h) of this section, may
charge duplication fees, if the following steps are taken. The Board
must have provided timely written notice of unusual circumstances to
the requester in accordance with the FOIA and the agency must have
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). If this exception is
satisfied, the Board may charge all applicable fees incurred in the
processing of the request.
0
8. Add Sec. 1001.11 to read as follows:
Sec. 1001.11 Other rights and services.
Nothing in this subpart shall be construed to entitle any person,
as of right, to any service or to the disclosure
[[Page 34838]]
of any record to which such person is not entitled under the FOIA.
PART 1003--IMPLEMENTATION OF THE GOVERNMENT IN THE SUNSHINE ACT
0
9. The authority citation for part 1003 continues to read as follows:
Authority: 5 U.S.C. 552b.
0
10. Amend Sec. 1003.4 by revising paragraph (c) and adding paragraphs
(d) through (f) to read as follows:
Sec. 1003.4 Procedures for public announcement of meetings.
* * * * *
(c) When a meeting has been called by the Chairman, the notice
shall contain such agenda items as the Chairman designates. The notice
shall be circulated to Members in advance of publication and Members,
by majority vote, may add additional agenda items.
(d) When a meeting is called by a majority of Members, the notice
shall contain such agenda items as have been approved by a majority of
the Board.
(e) The Executive Director will ensure that the final agenda for
the meeting conforms to the notice published in the Federal Register.
(f) If public notice is provided by means other than publication in
the Federal Register, notice will be promptly submitted to the Federal
Register for publication.
0
11. Revise Sec. 1003.7 to read as follows:
Sec. 1003.7 Changes following public announcement.
(a) The time, place, and agenda items of a meeting following the
public announcement described in Sec. 1003.4, or the determination of
the Board to open or close a meeting, or a portion thereof, to the
public may be changed following public announcement only if:
(1) A majority of all members determine by recorded vote that Board
business so requires and that no earlier announcement of the change was
possible; and
(2) The Board publicly announces such change and the vote of each
member thereon at the earliest practicable time.
(b) Changes to the time, place and agenda items of a meeting called
by the Chairman pursuant to Sec. 1003.4(c) must be made with the
concurrence of the Chairman, except that when Members have, by majority
vote, added additional agenda items, the addition of those agenda items
does not require the Chairman's concurrence.
[FR Doc. 2017-15660 Filed 7-26-17; 8:45 am]
BILLING CODE 6820-B3-P