[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59437-59438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20767]



12 CFR Part 1402

RIN 3055-AA12

Releasing Information; Availability of Records of the Farm Credit 
System Insurance Corporation; Fees for Provision of Information

AGENCY: Farm Credit System Insurance Corporation.

ACTION: Final rule.


SUMMARY: The Farm Credit System Insurance Corporation (Corporation) 
issues a final rule amending its regulations to reflect changes to the 
Freedom of Information Act (FOIA). The FOIA Improvement Act of 2016 
requires the Corporation to amend its FOIA regulations to extend the 
deadline for administrative appeals, to add information on dispute 
resolution services, and to amend the way the Corporation charges fees.

DATES: Effective date: This regulation will become effective October 1, 

FOR FURTHER INFORMATION CONTACT: Howard Rubin, General Counsel, Farm 
Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, 
Virginia 22102, (703) 883-4380, TTY (703) 883-4390.


I. Objective

    The objective of this final rule is to reflect changes to the FOIA 
by the FOIA Improvement Act of 2016 (Improvement Act). The Improvement 
Act addresses a range of procedural issues, including requirements that 
agencies establish a minimum of 90 days for requesters to file an 
administrative appeal and that they provide dispute resolution services 
at various times throughout the FOIA process. The Improvement Act also 
updates how fees are assessed.
    We revise the regulations as follows:
    (1) In Sec.  1402.14,
    a. By changing the appeals deadline from 30 days to 90 days in 
paragraph (b);
    b. By adding FCSIC's FOIA Public Liaison and the Office of 
Government Information Services to the list of offices

[[Page 59438]]

available to offer dispute resolution services in paragraph (b); and
    (2) In Sec.  1402.22, by redesignating existing paragraph (h) as 
paragraph (k) and adding new paragraphs (h), (i), and (j) with updated 
information about charging fees.

II. Certain Findings

    We have determined that the amendments mandated by the Improvement 
Act involve agency management and technical changes. Therefore, the 
amendments do not constitute a rulemaking under the Administrative 
Procedure Act (APA), 5 U.S.C. 551, 553(a)(2). Under the APA, the public 
may participate in the promulgation of rules that have a substantial 
impact on the public. The amendments to our regulations relate to 
agency management and technical changes only and are required by 
statute, and therefore, do not require public participation.
    Even if these amendments were a rulemaking under 5 U.S.C. 551, 
553(a)(2) of the APA, we have determined that notice and public comment 
are unnecessary and contrary to the public interest. Under 5 U.S.C. 
553(b)(B) of the APA, an agency may publish regulations in final form 
when the agency for good cause finds that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to public interest. 
The proposed amendments are required by statute, do not involve 
Corporation discretion, and provide additional protections to the 
public through the existing regulations. Thus, notice and public 
procedure are impracticable, unnecessary, and contrary to the public 

III. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), the Corporation hereby certifies that the final 
rule will not have a significant economic impact on a substantial 
number of small entities.

List of Subjects in 12 CFR Part 1402

    Archives and records, Freedom of information, Insurance.

    As stated in the preamble, part 1402 of chapter XIV, title 12 of 
the Code of Federal Regulations is amended as follows:


1. The authority citation for part 1402 is revised to read as follows:

    Authority: Secs. 5.58, 5.59 of Pub. L. 92-181, 85 Stat. 583 (12 
U.S.C. 2277a-7, 2277a-8); 5 U.S.C. 552; 52 FR 10012; E.O. 12600, 52 
FR 23781, 3 CFR, 1987 Comp., p. 235.

Subpart B--Availability of Records of the Farm Credit System 
Insurance Corporation

2. Section 1402.14(b) is revised to read as follows:

Sec.  1402.14  Response to requests for records.

* * * * *
    (b) Within 90 days of the receipt of a notice denying, in whole or 
in part, a request for records, the requester may appeal the denial. 
The appeal shall be in writing addressed to the Chief Financial 
Officer, Farm Credit System Insurance Corporation, McLean, Virginia 
22102, and both the letter and envelope shall clearly be marked ``FOIA 
Appeal.'' An appeal improperly addressed shall be deemed not to have 
been received for purposes of the 20-day time period set forth in 
paragraph (c) of this section until it is received, or would have been 
received with the exercise of due diligence by Farm Credit System 
Insurance Corporation personnel. You also have the right to seek 
dispute resolution services from the Corporation's FOIA Public Liaison, 
McLean, Virginia 22102, and the Office of Government Information 
Services, National Archives and Records Administration, 8601 Adelphi 
Road--OGIS, College Park, Maryland 20740-6001.
* * * * *

Subpart C--Fees for Provision of Information

3. Section 1402.22 is amended by redesignating paragraph (h) as 
paragraph (k) and adding new paragraphs (h), (i), and (j) to read as 

Sec.  1402.22  Fees to be charged.

* * * * *
    (h) We will not assess fees if we fail to comply with any time 
limit under the FOIA or these regulations, and have not timely notified 
the requester, in writing, that an unusual circumstance exists. If an 
unusual circumstance exists, and timely, written notice is given to the 
requester, we may be excused an additional 10 working days before fees 
are automatically waived under this paragraph (h).
    (i) If we determine that unusual circumstances apply and more than 
5,000 pages are necessary to respond to a request, we may charge fees 
if we provided a timely, written notice to the requester and discussed 
with the requester via mail, Email, or telephone (or made at least 
three good faith attempts to do so) how the requester could effectively 
limit the scope of the request.
    (j) If a court has determined that exceptional circumstances exist, 
a failure to comply with time limits imposed by these regulations or 
FOIA shall be excused for the length of time provided by court order.
* * * * *

    Dated: August 24, 2016.
Dale L. Aultman,
Secretary to the Board, Farm Credit System Insurance Corporation.
[FR Doc. 2016-20767 Filed 8-29-16; 8:45 am]