[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Rules and Regulations]
[Pages 93791-93792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30475]



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  Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / 
Rules and Regulations  

[[Page 93791]]



NATIONAL COUNCIL ON DISABILITY

5 CFR Part 10000

RIN 3480-AA01


Freedom of Information Act

AGENCY: National Council on Disability.

ACTION: Final rule.

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

SUMMARY: The National Council on Disability (NCD) issues a final rule 
amending its Freedom of Information Act (FOIA) regulations to integrate 
required statutory mandates enacted by the FOIA Improvement Act of 2016 
(The Improvement Act). These changes include a longer timeframe to file 
an appeal for administrative appeals and additional resources for 
dispute resolution services. Additionally, NCD issues this final rule 
so as to include comments which were submitted for NCD's existing FOIA 
regulations. But due to issues beyond NCD control, NCD did not receive 
the comments until after publication of the final rule.

DATES: This rule is effective December 22, 2016.

FOR FURTHER INFORMATION CONTACT: Joan Durocher, General Counsel, 
National Council on Disability, at 202-272-2004 or [email protected].

SUPPLEMENTARY INFORMATION:

I. Objective

    The objective of this final rule is to amend several substantive 
and procedural provisions in NCD's FOIA regulation.\1\ The Improvement 
Act requires NCD to amend its FOIA regulations to extend the deadline 
for administrative appeals, to add information on dispute resolution 
services, and to amend NCD's fee structure. Additionally, NCD issues 
this final rule to amend its regulations so as to integrate comments 
that were submitted regarding NCD's original FOIA regulations but were 
not received until after publication of the final rule. NCD will 
integrate some of the commenter's remarks in this final rule.
---------------------------------------------------------------------------

    \1\ 80 FR 49117, August 17, 2015.
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II. Section by Section Analysis of Amendments to 5 CFR Part 10000

    For the reasons discussed above, NCD amends 5 CFR part 10000 as 
follows:

A. Section 10000.2

    We revise Sec.  10000.2 by:
    1. Changing the word ``requestors'' to ``requesters'' in paragraphs 
(1) and (2) of the ``requester category'' definition.

B. Section 10000.6

    We revise Sec.  10000.6 by:
    1. Changing ``FOIA Officer'' to ``Chief FOIA Officer'' in paragraph 
(b)(3); and
    2. Adding NCD's FOIA Public Liaison and the Office of Government 
Information Services to the list of offices available to offer dispute 
resolution services in paragraph (b)(5); and
    3. Changing ``the Council shall determine whether another agency of 
the federal government . . .'' to ``the Council shall determine whether 
another agency or entity of the federal government. . . .'' in 
paragraph (c).

C. Section 10000.7

    We revise Sec.  10000.7 by:
    1. Adding the option to appeal by email in paragraph (a).
    2. Changing the appeals deadline from 60 days to 90 days in 
paragraph (b); and
    3. Adding NCD's FOIA Public Liaison and the Office of Government 
Information Services to the list of offices available to offer dispute 
resolution services in paragraph (c); and
    4. Changing the word ``disputes between FOIA requestors'' to 
``between FOIA requesters'' under paragraph (c).

D. Section 10000.8

    We revise Sec.  10000.8 by:
    1. Changing ``FOIA Officer'' to ``Chief FOIA Officer'' in paragraph 
(h)(4).

III. Statutory Authority

    1. The authority citation for parts 10000 is as follows:

    Authority: 5 U.S.C. 552, as amended; E.O. 12600, 52 FR 23781, 3 
CFR 1987, 1987 Comp., p. 235; 3 CFR part 235.

IV. Regulatory Analysis

    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 the notice and public procedure 
thereon impracticable, unnecessary, or contrary to public interest. The 
amendments are required by statute, are not a matter of agency 
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 interest.

V. Regulatory Flexibility Act

    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 APA 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 Council considered the effects on this 
final rule on small entities and certifies that these final rules will 
not have a significant impact on a substantial number of small 
entities.

List of Subjects in 5 CFR Part 10000

    Administrative practice and procedure, Confidential business 
information, Freedom of information, Privacy, Procedures for disclosure 
of records under the Freedom of Information Act.

[[Page 93792]]

    For the reasons discussed in the preamble, NCD amends 5 CFR part 
10000 as follows:

PART 10000--PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM 
OF INFORMATION ACT

0
1. The authority citation for part 10000 continues to read as follows:

    Authority:  5 U.S.C. 552, as amended; E.O. 12600, 52 FR 23781, 3 
CFR 1987, 1987 Comp., p. 235; 3 CFR 235.

0
2. Amend Sec.  10000.2 by revising paragraphs (1) and (3) of the 
definition for ``Requester category'' to read as follows:


Sec.  10000.2  Definitions.

* * * * *
Requester category * * *
    (1) Commercial requesters;
* * * * *
    (3) All other requesters.
* * * * *

0
3. Amend Sec.  10000.6 by revising paragraphs (b)(3) and (5) and the 
first sentence of paragraph (c) introductory text to read as follows:


Sec.  10000.6  Responsibility for responding to requests.

* * * * *
    (b) * * *
    (3) A brief statement of the reason(s) for the denial, including 
any FOIA exemption applied in denying the request. The Chief FOIA 
Officer will indicate, if technically feasible, the amount of 
information deleted and the exemption under which a deletion is made on 
the released portion of the record, unless including that indication 
would harm an interest protected by the exemption;
* * * * *
    (5) A statement of the right to seek dispute resolution services 
from NCD's FOIA Public Liaison and the Office of Government Information 
Services.
    (c) Consultation, referral, and coordination. When reviewing 
records located by the Council in response to a request, the Council 
shall determine whether another agency of the Federal Government or 
entity is better able to determine whether the record is exempt from 
disclosure under the FOIA and, if so, whether it should be released as 
a matter of discretion. * * *
* * * * *

0
4. Amend Sec.  10000.7 by revising paragraph (a), the first sentence of 
paragraph (b), and the fifth sentence of paragraph (c) to read as 
follows:


Sec.  10000.7  Administrative appeals.

    (a) You may appeal an adverse determination related to your FOIA 
request, or the Council's failure to respond to your FOIA request 
within the prescribed time limits, by email at [email protected], or write 
to the Executive Director, National Council on Disability, 1331 F 
Street NW., Suite 850, Washington, DC 20004.
    (b) Your appeal must be in writing and must be postmarked or 
electronically received by the Executive Director within 90 days of the 
date of the letter denying your request, in whole or in part. * * *
    (c) * * * A requester may also seek dispute resolution services 
from NCD's FOIA Public Liaison and OGIS. * * *
0
5. Amend Sec.  10000.8 by revising the first sentence of paragraph 
(h)(4) to read as follows.


Sec.  10000.8  Timeframe for Council's response to a FOIA request or 
administrative appeal.

* * * * *
    (h) * * *
    (4) The Chief FOIA Officer will decide whether to grant or deny 
your request for expedited processing and notify the requester within 
ten calendar days of receipt. * * *

    Dated: December 14, 2016.
Rebecca Cokley,
Executive Director.
[FR Doc. 2016-30475 Filed 12-21-16; 8:45 am]
 BILLING CODE 8421-03-P