[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Rules and Regulations]
[Pages 63497-63498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25272]



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 Rules and Regulations
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  Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / 
Rules and Regulations  

[[Page 63497]]



MILITARY COMPENSATION AND RETIREMENT MODERNIZATION COMMISSION

5 CFR Part 9901

RIN 3260-AA00


Freedom of Information Act Regulations

AGENCY: Military Compensation and Retirement Modernization Commission.

ACTION: Final rule.

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

SUMMARY: The Military Compensation and Retirement Modernization 
Commission (MCRMC) is issuing a final rule, establishing procedures for 
the public to obtain information from MCRMC under the Freedom of 
Information Act (FOIA).

DATES: This final rule was effective October 27, 2014.

FOR FURTHER INFORMATION CONTACT: Christopher Nuneviller, Associate 
Director, Administration and Operations, Military Compensation and 
Retirement Modernization Commission, at (703) 692-2080 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On January 2, 2013, the President signed into law the National 
Defense Authorization Act for Fiscal Year 2013, Public Law 112-239, 
Subtitle H, 126 Stat. 1632, 1787 (2013) (amended by National Defense 
Authorization Act for Fiscal Year 2014, Pub. L. 113-66, Sec. 1095, 127 
Stat. 672, 878 (2013)), which created the Military Compensation and 
Retirement Modernization Commission (MCRMC). To establish procedures to 
facilitate public interaction with MCRMC, the agency is issuing final 
regulations under FOIA.

II. The Final Rule

    This final rule establishes procedures for MCRMC necessary to 
implement FOIA, 5 U.S.C. 552. FOIA provides for the disclosure of 
agency records and information to the public, unless that information 
is exempted under statutory exemptions or exclusions. The procedures 
established herein are intended to ensure that MCRMC fully satisfies 
its responsibility to the public to disclose agency information.

III. Procedural Requirements

    These regulations establish procedures under FOIA to facilitate the 
interaction of the public with MCRMC. MCRMC's policy of disclosure 
follows the Presidential Memorandum of January 21, 2009, ``Transparency 
and Openness,'' 74 FR 4685, and the Attorney General's March 19, 2009 
FOIA policy guidance, advising Federal agencies to apply a presumption 
of openness in FOIA decision making. This final rule parallels the 
procedures currently used by other agencies to implement FOIA.
    MCRMC has determined that good cause exists under 5 U.S.C. 553(b) 
and 5 U.S.C. 553(d)(3) to waive the notice and comment and delayed 
effective requirements of the Administrative Procedure Act to publish 
this regulation as a final rule with a request for comments. MCRMC is a 
temporary, independent establishment with statutorily defined deadlines 
and a limited existence. It is the intent of the agency to be as 
transparent as practicable in making information available to the 
public. This regulation establishes procedures to facilitate MCRMC's 
interactions with the public and the public's access to information 
about MCRMC. In light of this agency's limited duration, as set forth 
in its enabling legislation, and the need for timely access, MCRMC has 
decided that full notice and comment rulemaking is impracticable and 
contrary to public policy. The absence of FOIA regulations could impair 
the public's ability to access information. MCRMC has determined that 
this final rule should be issued without a delayed effective date 
pursuant to 5 U.S.C. 553(d)(3).
    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. Chapter 6) do 
not apply. This rulemaking is not a significant regulatory action for 
the purposes of Executive Order 12866. Accordingly, a regulatory impact 
analysis is not required.

Analysis of Public Comments and Final Rule

    MCRMC received no comments in response to the Interim final rule 
for MCRMC's FOIA regulations (79 FR 54567, September 12, 2014). This 
final rule corrects two inadvertent formatting errors in the interim 
final rule.

List of Subjects in 5 CFR Part 9901

    Administrative practice and procedure, Freedom of information, 
Reporting and recordkeeping requirements.

    Accordingly, the interim rule amending 5 CFR chapter XCIX, part 
9901, which was published at 79 FR 54567 on September 12, 2014, is 
adopted as a final with the following changes:

PART 9901--DISCLOSURE OF RECORDS AND INFORMATION

0
1. The authority citation for part 9901 continues to read as follows:

    Authority: National Defense Authorization Act for Fiscal Year 
2013, Pub. L. 112-239, Subtitle H, 126 Stat. 1632, 1787 (2013) 
(amended by National Defense Authorization Act for Fiscal Year 2014, 
Pub. L. 113-66, Sec. 1095, 127 Stat. 672, 878 (2013)); 5 U.S.C. 552.


0
2. Amend Sec.  9901.1 by revising paragraph (b)(1) to read as follows:


Sec.  9901.1  Authority, purpose, and scope.

* * * * *
    (b) Purpose. (1) The National Defense Authorization Act for Fiscal 
Year 2013, Public Law 112-239, Subtitle H, 126 Stat. 1632, 1787 (2013) 
(amended by National Defense Authorization Act for Fiscal Year 2014, 
Pub. L. 113-66, Sec. 1095, 127 Stat. 672, 878 (2013)), established the 
Military Compensation and Retirement Modernization Commission (MCRMC). 
MCRMC's purpose, pursuant to its enabling statute, is to conduct a 
review of the military compensation and retirement systems and to make 
recommendations to modernize those systems to:
    (i) Ensure the long-term viability of the All-Volunteer Force by 
sustaining the required human resources of that force during all levels 
of conflict and economic conditions;
    (ii) Enable the quality of life for members of the Armed Forces and 
the other uniformed services and their

[[Page 63498]]

families in a manner that fosters successful recruitment, retention, 
and careers for members of the Armed Forces and the other uniformed 
services; and
    (iii) Modernize and achieve fiscal sustainability for the 
compensation and retirement systems for the Armed Forces and the other 
uniformed services for the 21st century.
* * * * *

0
3. Revise Sec.  9901.3 to read as follows:


Sec.  9901.3  Requests for records.

    (a) Generally. Many documents are available on the MCRMC Web site 
and MCRMC encourages requesters to visit the Web site before making a 
request for records pursuant to this subpart. MCRMC will provide 
records to individual requesters in response to FOIA requests for 
records not available on its Web site.
    (b) Electronic or written requests required. For records not 
available on the Web site, requesters wishing to obtain information 
from MCRMC should submit a request on the MCRMC Web site. If a computer 
is not available to the requester, a written request may be made to the 
MCRMC FOIA Officer. Such requests should be addressed to: FOIA Officer, 
Military Compensation and Retirement Modernization Commission, Post 
Office Box 13170, Arlington, VA 22209. As there may be delays in mail 
delivery, it is advisable to send the request via facsimile to (703) 
697-8330 or email to [email protected]. MCRMC will communicate with the 
requester by email unless he or she specifies otherwise.
    (c) Contents of request. Requests must include the following:
    (1) A statement that the request is being made under FOIA, the 
requester's full name and address, a telephone number at which the 
requester can be reached during normal business hours, and an email 
address for the requester, if the requester has one;
    (2) A description of the records sought in enough detail to allow 
the records to be located with a reasonable amount of effort. The 
request must identify/describe the records sought and include 
information such as date, title or name, author, recipient, and subject 
matter of the records sought, where possible;
    (3) If submitting the request as an educational institution, a non-
commercial scientific institution, or a representative of the news 
media, the request must specifically identify the organization on which 
the status is based, and if a free-lance representative of the news 
media, the requester should submit a history of past publications and/
or demonstrate a solid basis for expecting publication through a news-
media entity;
    (4) A fee waiver, if applicable; and
    (5) If the request is made by mail, the words ``FOIA REQUEST'' or 
``REQUEST FOR RECORDS'' must be clearly marked on the cover letter, 
letter, and envelope.
    (d) Perfected requests. MCRMC will process only perfected requests. 
A perfected request must meet all of the requirements of this subpart.

Christopher Nuneviller,
Associate Director, Administration and Operations, Military 
Compensation and Retirement Modernization Commission.
[FR Doc. 2014-25272 Filed 10-23-14; 8:45 am]
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