Freedom of Information Act, 53056-53057 [2019-21431]
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Federal Register / Vol. 84, No. 193 / Friday, October 4, 2019 / Rules and Regulations
POSTAL REGULATORY COMMISSION
39 CFR Parts 3002 and 3004
[Docket No. RM2019–15; Order No. 5257]
PART 3004—PUBLIC RECORDS AND
FREEDOM OF INFORMATION ACT
III. Final Rule
■
4. The authority citation for part 3004
continues to read as follows:
List of Subjects
Authority: 5 U.S.C. 552; 39 U.S.C 503.
Freedom of Information Act
39 CFR Part 3002
Postal Regulatory Commission.
ACTION: Direct final rule.
Organization and functions
(Government Agencies), Seals and
insignia.
AGENCY:
The Commission seeks to
adopt direct final rules making minor
changes related to its Freedom of
Information Act (FOIA) regulations
indicating that FOIA requests will be
processed by the Office of the General
Counsel.
DATES: This rule is effective November
18, 2019 without further action, unless
adverse comment is received by
November 4, 2019. If adverse comment
is received, the Commission will
publish a timely withdrawal of the rule
in the Federal Register.
ADDRESSES: For additional information,
Order No. 5257 can be accessed
electronically through the Commission’s
website at https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
II. Basis and Purpose of Rule Change
III. Final Rule
I. Background
In the past, the Commission processed
FOIA requests through its Office of
Secretary & Administration. As the
nature of the Commission’s FOIA
requests has evolved, however, the
Commission has determined that it is
most efficient to process these requests
within its Office of the General Counsel.
II. Basis and Purpose of Rule Change
Section 552(a)(1)(B) of title 5 of the
United States Code requires federal
agencies to separately state and
currently publish ‘‘statements of the
general course and method by which
[their] functions are channeled and
determined’’ in the Federal Register for
the guidance of the public. Section
552(a)(1)(E) requires agencies to publish
‘‘each amendment, revision, or repeal’’
of these statements.
This direct final rule is intended to
amend the Commission’s FOIA
regulations to more accurately reflect
the Commission’s current organization
and practice. The revised rule complies
with section 552(a)(1)(E)’s requirement
that the Commission inform the public
that it has made internal organizational
VerDate Sep<11>2014
16:14 Oct 03, 2019
39 CFR Part 3004
Administrative practice and
procedure, Freedom of information,
Reporting and recordkeeping
requirements.
For the reasons stated in the
preamble, the Commission amends
chapter III of title 39 of the Code of
Federal Regulations as follows:
PART 3002—ORGANIZATION
1. The authority citation for part 3002
continues to read as follows:
■
Authority: 39 U.S.C. 503; 5 U.S.C. 552.
2. Amend § 3002.11 by revising
paragraph (d) to read as follows:
■
§ 3002.11 Office of Secretary and
Administration.
*
Table of Contents
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changes that affect how it executes its
FOIA-related functions.
Jkt 250001
*
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*
(d) The Office of Secretary and
Administration manages the
Commission’s records, including the
Commission’s seal, administrative
policies, orders, reports, and official
correspondence. In this role, the Office
of Secretary and Administration
manages the Commission’s dockets and
docket room, website, reference
materials, and inter-agency reporting.
All orders and other actions of the
Commission shall be authenticated or
signed by the Secretary or any such
other person as may be authorized by
the Commission.
*
*
*
*
*
3. Amend § 3002.13 by revising
paragraph (b) to read as follows:
■
§ 3002.13
Office of the General Counsel.
*
*
*
*
*
(b) The Office of the General Counsel
provides legal assistance on matters
involving the Commission’s
responsibilities; defends Commission
decisions before the courts; and advises
the Commission on the legal aspects of
proposed legislation, rulemaking,
requests made under the Freedom of
Information Act, and policies on
procurement, contracting, personnel
matters, ethics, and other internal legal
matters.
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5. Amend § 3004.3 by revising
paragraph (a) to read as follows:
■
§ 3004.3
How to make a request.
(a) To request Commission records,
please contact the Commission via letter
or use the online request form provided
on the Commission’s website at https://
www.prc.gov/foia/onlinerequest.
*
*
*
*
*
■ 6. Amend § 3004.40 by revising
paragraph (a)(7) to read as follows:
§ 3004.40 Hard copy requests for records
and for expedited processing.
(a) * * *
(7) Be submitted to the Commission at
the offices of the Commission (901 New
York Avenue NW, Suite 200,
Washington, DC 20268–0001).
*
*
*
*
*
■ 7. Amend § 3004.43 by revising
paragraphs (a) through (c), (d)
introductory text, and (e) introductory
text to read as follows:
§ 3004.43
Response to requests.
(a) Determination. Within 20 days
(excluding Saturdays, Sundays, and
legal holidays) after receipt of a request
for a Commission record, the Chief
FOIA Officer or his/her designee will
notify the requester of its determination
to grant or deny the request and the
right to seek assistance from the
Commission’s FOIA Public Liaison. In
the case of an adverse determination,
the Commission will notify the
requester of his/her right to appeal and
right to seek dispute resolution services
from the Commission’s FOIA Public
Liaison or the Office of Government
Information Services.
(b) Granting request. If granting the
request, the Chief FOIA Officer or his/
her designee will notify the requester of
any fees that must be paid.
(c) Partial granting of request. If the
Commission is unable to grant the
request in its entirety, any reasonably
segregable portion of the request shall
be provided, with deleted portions
treated as specified in paragraph (d) of
this section, and the Chief FOIA Officer
or his/her designee will notify the
requester of any fees that must be paid.
(d) Denying request. If denying the
request, in whole or in part, the Chief
FOIA Officer or his/her designee will
inform the requester in writing of:
*
*
*
*
*
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Federal Register / Vol. 84, No. 193 / Friday, October 4, 2019 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
determination that the State’s regional
haze plan is adequate to meet these
RPGs for the first implementation
period covering through 2018.
DATES: This rule is effective on
November 4, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0047. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Kate
Gregory, Air and Radiation Division,
EPA, Region 8, Mailcode 8ARD–IO,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6175,
gregory.kate@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
40 CFR Part 52
I. Background
[EPA–R08–OAR–2019–0047; FRL–10000–
48–Region 8]
States are required to submit a
progress report in the form of a SIP
revision for the first implementation
period that evaluates progress towards
the RPGs for each mandatory Class I
Federal area 1 (Class I area) within the
state and for each Class I area outside
the state which may be affected by
emissions from within the state (40 CFR
51.308(g)). In addition, the provisions of
40 CFR 51.308(h) require states to
submit, at the same time as the 40 CFR
51.308(g) progress report, a
determination of the adequacy of the
state’s existing regional haze plan. The
first progress report is due 5 years after
submittal of the initial regional haze
plan. Montana declined to submit a
regional haze SIP covering all required
elements in the EPA’s Regional Haze
Rule, which resulted in the EPA
administration of the majority of the
Regional Haze program in the State
since the effective date of the Federal
(e) Expedited processing. Within 10
days (excluding Saturdays, Sundays and
legal holidays) after receipt of a request
for expedited processing, the Chief
FOIA Officer or his/her designee will:
*
*
*
*
*
■ 8. Amend § 3004.44 by revising
paragraph (a) to read as follows:
§ 3004.44
Appeals.
(a) The Commission may review any
decision of the Chief FOIA Officer or
his/her designee on its own initiative.
*
*
*
*
*
■ 9. Revise § 3004.60 to read as follows:
§ 3004.60 Chief Freedom of Information
Act Officer.
The Commission designates the
General Counsel of the Commission as
the Chief FOIA Officer. The Chief FOIA
Officer shall be responsible for the
administration of and reporting on the
Commission’s Freedom of Information
Act program.
By the Commission.
Darcie S. Tokioka,
Acting Secretary.
[FR Doc. 2019–21431 Filed 10–3–19; 8:45 am]
BILLING CODE 7710–FW–P
Approval and Promulgation of
Implementation Plans; Montana;
Regional Haze 5-Year Progress Report
State Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
Montana’s Regional Haze Progress
Report (‘‘Progress Report’’), submitted
by the State of Montana through the
Montana Department of Environmental
Quality (MDEQ) on November 7, 2017,
as a revision to the Montana Regional
Haze State Implementation Plan (SIP).
Montana’s Progress Report addresses
requirements of the Clean Air Act (CAA
or Act) and the Federal Regional Haze
Rule that require each state to submit
periodic reports describing progress
towards reasonable progress goals
(RPGs) established for regional haze and
a determination of the adequacy of the
state’s existing SIP addressing regional
haze (regional haze plan). The EPA is
finalizing approval of Montana’s
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SUMMARY:
VerDate Sep<11>2014
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1 Areas designated as mandatory Class I Federal
areas consist of national parks exceeding 6000
acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977 (42 U.S.C.
7472(a)). These areas are listed at 40 CFR part 81,
subpart D.
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53057
Implementation Program (FIP) of
October 18, 2012.2
On November 7, 2017, Montana
submitted its Progress Report which,
among other things, detailed the
progress made in the first
implementation period toward the longterm strategy (LTS) outlined in the
State’s regional haze plan, the visibility
improvement measured at the twelve
Class I areas within Montana, and a
determination of the adequacy of the
State’s existing regional haze plan.
In a notice of proposed rulemaking
(NPRM) published on July 9, 2019 (84
FR 32682), the EPA proposed to approve
Montana’s Progress Report. The details
of Montana’s submission and the
rationale for the EPA’s actions are
explained in the NPRM.
II. Response to Comments
Comments on the proposed
rulemaking were due on or before
August 8, 2019. The EPA received a
total of three public comment
submissions on the proposed approval.
All public comments received on this
rulemaking action are available for
review by the public and may be viewed
by following the instructions for access
to docket materials as outlined in the
ADDRESSES section of this preamble.
After reviewing the comments, the EPA
has determined that two of the comment
submissions are outside the scope of our
proposed action and/or fail to identify
any material issue necessitating a
response. We received one comment
letter from the Montana Environmental
Information Center (MEIC) and the
National Parks Conservation
Association (NPCA), containing three
significant comments that we are
responding to here. Below is a summary
of those comments and the EPA’s
responses.
Comment: In a comment letter dated
August 8, 2019, the MEIC and NPCA
stated that one of the nitrogen oxides
(NOX) control technologies included in
Montana’s report is the SmartBurn®
technology at Colstrip that ‘‘reduce[s]
NOX emissions by ‘80% to 86%.’ ’’ 3 The
commenters assert these reductions are
anecdotal, do not represent an
enforceable emission limit, and cannot
be relied on to show actual reductions
for NOX sufficient to satisfy
requirements for Montana to make
2 77
FR 57864 (September 18, 2012).
is unclear whether the commenter
understands SmartBurn® technology to be capable
of (1) reducing NOX between 80% and 86%, or (2)
improving NOX reductions from 80% to 86% (i.e.,
by six percentage points). It is also unclear whether
the commenter understands these reductions to be
relative to the emission rates immediately prior to
the SmartBurn® modifications or some even earlier
baseline.
3 It
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04OCR1
Agencies
[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Rules and Regulations]
[Pages 53056-53057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21431]
[[Page 53056]]
=======================================================================
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POSTAL REGULATORY COMMISSION
39 CFR Parts 3002 and 3004
[Docket No. RM2019-15; Order No. 5257]
Freedom of Information Act
AGENCY: Postal Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission seeks to adopt direct final rules making minor
changes related to its Freedom of Information Act (FOIA) regulations
indicating that FOIA requests will be processed by the Office of the
General Counsel.
DATES: This rule is effective November 18, 2019 without further action,
unless adverse comment is received by November 4, 2019. If adverse
comment is received, the Commission will publish a timely withdrawal of
the rule in the Federal Register.
ADDRESSES: For additional information, Order No. 5257 can be accessed
electronically through the Commission's website at https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at
202-789-6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Basis and Purpose of Rule Change
III. Final Rule
I. Background
In the past, the Commission processed FOIA requests through its
Office of Secretary & Administration. As the nature of the Commission's
FOIA requests has evolved, however, the Commission has determined that
it is most efficient to process these requests within its Office of the
General Counsel.
II. Basis and Purpose of Rule Change
Section 552(a)(1)(B) of title 5 of the United States Code requires
federal agencies to separately state and currently publish ``statements
of the general course and method by which [their] functions are
channeled and determined'' in the Federal Register for the guidance of
the public. Section 552(a)(1)(E) requires agencies to publish ``each
amendment, revision, or repeal'' of these statements.
This direct final rule is intended to amend the Commission's FOIA
regulations to more accurately reflect the Commission's current
organization and practice. The revised rule complies with section
552(a)(1)(E)'s requirement that the Commission inform the public that
it has made internal organizational changes that affect how it executes
its FOIA-related functions.
III. Final Rule
List of Subjects
39 CFR Part 3002
Organization and functions (Government Agencies), Seals and
insignia.
39 CFR Part 3004
Administrative practice and procedure, Freedom of information,
Reporting and recordkeeping requirements.
For the reasons stated in the preamble, the Commission amends
chapter III of title 39 of the Code of Federal Regulations as follows:
PART 3002--ORGANIZATION
0
1. The authority citation for part 3002 continues to read as follows:
Authority: 39 U.S.C. 503; 5 U.S.C. 552.
0
2. Amend Sec. 3002.11 by revising paragraph (d) to read as follows:
Sec. 3002.11 Office of Secretary and Administration.
* * * * *
(d) The Office of Secretary and Administration manages the
Commission's records, including the Commission's seal, administrative
policies, orders, reports, and official correspondence. In this role,
the Office of Secretary and Administration manages the Commission's
dockets and docket room, website, reference materials, and inter-agency
reporting. All orders and other actions of the Commission shall be
authenticated or signed by the Secretary or any such other person as
may be authorized by the Commission.
* * * * *
0
3. Amend Sec. 3002.13 by revising paragraph (b) to read as follows:
Sec. 3002.13 Office of the General Counsel.
* * * * *
(b) The Office of the General Counsel provides legal assistance on
matters involving the Commission's responsibilities; defends Commission
decisions before the courts; and advises the Commission on the legal
aspects of proposed legislation, rulemaking, requests made under the
Freedom of Information Act, and policies on procurement, contracting,
personnel matters, ethics, and other internal legal matters.
PART 3004--PUBLIC RECORDS AND FREEDOM OF INFORMATION ACT
0
4. The authority citation for part 3004 continues to read as follows:
Authority: 5 U.S.C. 552; 39 U.S.C 503.
0
5. Amend Sec. 3004.3 by revising paragraph (a) to read as follows:
Sec. 3004.3 How to make a request.
(a) To request Commission records, please contact the Commission
via letter or use the online request form provided on the Commission's
website at https://www.prc.gov/foia/onlinerequest.
* * * * *
0
6. Amend Sec. 3004.40 by revising paragraph (a)(7) to read as follows:
Sec. 3004.40 Hard copy requests for records and for expedited
processing.
(a) * * *
(7) Be submitted to the Commission at the offices of the Commission
(901 New York Avenue NW, Suite 200, Washington, DC 20268-0001).
* * * * *
0
7. Amend Sec. 3004.43 by revising paragraphs (a) through (c), (d)
introductory text, and (e) introductory text to read as follows:
Sec. 3004.43 Response to requests.
(a) Determination. Within 20 days (excluding Saturdays, Sundays,
and legal holidays) after receipt of a request for a Commission record,
the Chief FOIA Officer or his/her designee will notify the requester of
its determination to grant or deny the request and the right to seek
assistance from the Commission's FOIA Public Liaison. In the case of an
adverse determination, the Commission will notify the requester of his/
her right to appeal and right to seek dispute resolution services from
the Commission's FOIA Public Liaison or the Office of Government
Information Services.
(b) Granting request. If granting the request, the Chief FOIA
Officer or his/her designee will notify the requester of any fees that
must be paid.
(c) Partial granting of request. If the Commission is unable to
grant the request in its entirety, any reasonably segregable portion of
the request shall be provided, with deleted portions treated as
specified in paragraph (d) of this section, and the Chief FOIA Officer
or his/her designee will notify the requester of any fees that must be
paid.
(d) Denying request. If denying the request, in whole or in part,
the Chief FOIA Officer or his/her designee will inform the requester in
writing of:
* * * * *
[[Page 53057]]
(e) Expedited processing. Within 10 days (excluding Saturdays,
Sundays and legal holidays) after receipt of a request for expedited
processing, the Chief FOIA Officer or his/her designee will:
* * * * *
0
8. Amend Sec. 3004.44 by revising paragraph (a) to read as follows:
Sec. 3004.44 Appeals.
(a) The Commission may review any decision of the Chief FOIA
Officer or his/her designee on its own initiative.
* * * * *
0
9. Revise Sec. 3004.60 to read as follows:
Sec. 3004.60 Chief Freedom of Information Act Officer.
The Commission designates the General Counsel of the Commission as
the Chief FOIA Officer. The Chief FOIA Officer shall be responsible for
the administration of and reporting on the Commission's Freedom of
Information Act program.
By the Commission.
Darcie S. Tokioka,
Acting Secretary.
[FR Doc. 2019-21431 Filed 10-3-19; 8:45 am]
BILLING CODE 7710-FW-P