[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Rules and Regulations]
[Pages 90750-90751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30183]


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SURFACE TRANSPORTATION BOARD

49 CFR Parts 1001 and 1002

[Docket No. EP 737]


Revised Inspection of Records and Related Fees

AGENCY: Surface Transportation Board.

ACTION: Final rules.

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SUMMARY: The Surface Transportation Board (Board or STB) is revising 
its regulations governing ``Inspection of Records'' and ``Fees'' in 
accordance with changes to the Freedom of Information Act (FOIA) made 
by the FOIA Improvement Act of 2016 (FOIA Improvement Act). Pursuant to 
the FOIA Improvement Act, the Board is extending the deadline for 
administrative appeals, adding information on dispute resolution 
services, and amending the way fees are charged in certain 
circumstances.

DATES: These rules are effective on January 14, 2017.

ADDRESSES: Information or questions regarding these final rules should 
reference Docket No. EP 737 and be in writing addressed to: FOIA 
Officer, Office of the General Counsel, Surface Transportation Board, 
by mail at 395 E Street SW., Washington, DC 20423-0001, by facsimile at 
202-245-0456, or by Email at [email protected].

FOR FURTHER INFORMATION CONTACT: Sarah Fancher at (202) 245-0355. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: The Board is revising its regulations at 49 
CFR 1001.3 and 1002.1(g) in accordance with the FOIA Improvement Act, 
Public Law 114-185 (2016), which provides additional protections for 
parties requesting records held by the executive branch of the U.S. 
Government. Among the changes to FOIA, the FOIA Improvement Act 
requires agencies to allow requesters a minimum of 90 days to file an 
administrative appeal and that agencies allow for dispute resolution 
services at various times throughout the FOIA process. The FOIA 
Improvement Act also updates how fees are assessed in certain 
circumstances.
    In accordance with the FOIA Improvement Act, the Board is revising 
1001.3 by: (1) Changing the appeal deadline from 30 days to 90 days; 
and (2) adding a provision (under a new subheading) informing parties 
that they may seek dispute resolution services from either the Board's 
FOIA Public Liaison or the Office of Government Information Services, 
National Archives and Records Administration. The Board is also 
revising 49 CFR 1002.1(g) by adding paragraphs (15), (16), (17), and 
(18) to include the new requirements mandated by the FOIA Improvement 
Act regarding fees. The final rules are set forth below.
    Under the Administrative Procedure Act (APA), the public generally 
may participate in the promulgation of rules through a notice and 
comment period. 5 U.S.C. 553(b) & (c). However, 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 the public interest. 5 U.S.C. 553(b)(B).
    The Board has determined that these amendments to its regulations 
relate to agency management, practice, and procedure, and make 
technical changes only as directed by statute, are not a matter of 
agency discretion, and provide additional protections to the public. 
Therefore, the Board finds that notice and public comment on these 
amendments are unnecessary. See 5 U.S.C. 553(a)(2), 553(b)(A) & 
553(b)(B).
    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601-612, 
generally requires an agency to prepare a regulatory flexibility 
analysis of any rule subject to notice-and-comment rulemaking 
requirements, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Because the Board has determined that notice and comment are not 
required under the APA for this rulemaking, the requirements of the RFA 
do not apply.

List of Subjects

49 CFR Part 1001

    Freedom of information, Government employees, Inspection of 
records.

49 CFR Part 1002

    Freedom of information, Fees for records.

    It is ordered:
    1. The final rules set forth below are adopted. Notice of the rules 
adopted here will be published in the Federal Register.
    2. The rules are effective on January 14, 2017.

    By the Board, Chairman Elliott, Vice Chairman Miller, and 
Commissioner Begeman.
Brendetta S. Jones,
Clearance Clerk.
    For the reasons set forth in the preamble, the Surface 
Transportation Board amends part 1001 and part 1002 of title 49, 
chapter X, of the Code of Federal Regulations as follows:

PART 1001--INSPECTION OF RECORDS

0
1. Revise the authority citation for part 1001 to read as follows:

    Authority: 5 U.S.C. 552, 49 U.S.C. 1302, and 49 U.S.C. 1321.


0
2. Revise Sec.  1001.3 to read as follows:


Sec.  1001.3  Requests to inspect other records not considered public 
under 5 U.S.C. 552.

    (a) Request and determination. Requests to inspect records other 
than those now deemed to be of a public nature shall be in writing and 
addressed to the Freedom of Information Act Officer (FOIA Officer). The 
FOIA Officer shall determine within 20 days of receipt of a request 
(excepting Saturdays, Sundays, and legal public holidays) whether a 
requested record will be made available. If the FOIA Officer determines 
that a request cannot

[[Page 90751]]

be honored, the FOIA Officer must inform the requesting party in 
writing of this decision and such letter shall contain a detailed 
explanation of why the requested material cannot be made available and 
explain the requesting party's right of appeal.
    (b) Appeal. If the FOIA Officer rules that such records cannot be 
made available because they are exempt under the provisions of 5 U.S.C. 
552(b), an appeal from such ruling may be addressed to the Chairman. 
The Chairman's decision shall be administratively final and shall state 
the specific exemption(s) contained in 5 U.S.C. 552(b) relied upon for 
any denial. Such an appeal must be filed within 90 days of the date of 
the FOIA Officer's letter. The Chairman shall act in writing on such 
appeals within 20 days (excepting Saturdays, Sundays, and legal public 
holidays) of receipt of any appeal. In unusual circumstances, as set 
forth in 5 U.S.C. 552(a)(6)(B), the time limit may be extended, by 
written notice to the person making the particular request, setting 
forth the reasons for such extension, for no more than 10 working days. 
If the appeal is denied, the Chairman's order shall notify the 
requesting party of his or her right to judicial review. Charges shall 
be made as provided for in 49 CFR 1002.1.
    (c) Alternative dispute resolution services. Requesters may seek 
dispute resolution services from:
    (1) The Board's FOIA Public Liaison by Email at 
[email protected] or by mail, telephone, or facsimile as provided on 
the Board's Web site located at https://www.stb.gov/stb/foia.html; or
    (2) The Office of Government Information Services (OGIS) by mail to 
Office of Government Information Services, National Archives and 
Records Administration, 8601 Adelphi Road--OGIS, College Park, 
Maryland, 20740-6001, by facsimile at (202) 741-5769, or by Email at 
[email protected].

PART 1002--FEES

0
3. Revise the authority citation for part 1002 to read as follows:

    Authority: 5 U.S.C. 552(a)(4)(A), (a)(6)(B), and 553; 31 U.S.C. 
9701; and 49 U.S.C. 1321. Section 1002.1(g)(11) is also issued under 
5 U.S.C. 5514 and 31 U.S.C. 3717.


0
4. Amend Sec.  1002.1 by adding paragraphs (g)(15), (16), (17) and (18) 
to read as follows:


Sec.  1002.1  Fees for records search, review, copying, certification, 
and related services.

* * * * *
    (g) * * *
    (15) No fees will be assessed if the FOIA Officer fails to comply 
with any time limit under the FOIA or these regulations, and has 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, the failure to meet the time limit may be 
excused an additional 10 working days before fees are automatically 
waived under this paragraph (g)(15).
    (16) If the FOIA Officer determines that unusual circumstances 
apply and more than 5,000 pages are necessary to respond to a request, 
fees may be charged if timely, written notice to the requester is 
provided and discussed with the requester via mail, Email, or telephone 
(or if at least three good-faith attempts are made to do so) regarding 
how the requester could effectively limit the scope of the request.
    (17) 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.
    (18) Fees may not be avoided by filing multiple requests at the 
same time. When the FOIA Officer reasonably believes that a requester, 
alone or with others, is breaking down one request into a series of 
requests to avoid fees, the requests will be combined, and the 
requester or requesters will be charged accordingly.
* * * * *
[FR Doc. 2016-30183 Filed 12-14-16; 8:45 am]
BILLING CODE 4915-01-P