[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Rules and Regulations]
[Pages 30722-30724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13863]


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DEFENSE NUCLEAR FACILITIES SAFETY BOARD

10 CFR Part 1703

[Docket No. DNFSB-2017-0001]
RIN 3155-AA00


Freedom of Information Act

AGENCY: Defense Nuclear Facilities Safety Board.

ACTION: Final rule.

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SUMMARY: The Freedom of Information Act (FOIA) Improvement Act of 2016 
requires each Federal agency to issue regulations implementing its 
statutory provisions. In this final rule, the Defense Nuclear 
Facilities Safety Board amends its regulations to comply with the 
statutory direction.

DATES: This rule is effective on July 26, 2017.

FOR FURTHER INFORMATION CONTACT: James Biggins, General Counsel, 
Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW., Suite 
700, Washington, DC 20004-2901, (202) 694-7000.

SUPPLEMENTARY INFORMATION:

I. Background

    The Defense Nuclear Facilities Safety Board (DNFSB) implements the 
Freedom of Information Act through its regulations found at 10 CFR part 
1703. This rule amends the DNFSB's regulations to incorporate certain 
changes made to the FOIA, 5 U.S.C. 552, by the FOIA Improvement Act of 
2016 (Pub. L. 114-185, 130 Stat. 538 (2016)). The FOIA Improvement Act 
also requires agency regulations to address dispute resolution 
procedures and to provide notification to requestors about the 
availability of dispute resolution services. The FOIA Improvement Act 
requires the DNFSB to issue regulations which incorporate the changes 
made by the FOIA Improvement Act. This rule updates the DNFSB 
regulations in 10 CFR part 1703 to reflect those statutory changes.
    The FOIA Improvement Act requires a change to the DNFSB's fee 
schedule, which will be updated in a separate notice. The fee schedule 
was last published in the Federal Register on August 28, 2015, 80 FR 
52174. Pursuant to the FOIA Improvement Act, the DNFSB will not assess 
any search fees if it has failed to comply with any time limit for 
response to the request absent an extension of its time limit.
    The FOIA Improvement Act requires agencies to designate a FOIA 
Public Liaison and also elevates the responsibility of the Chief FOIA 
Officer. Additionally the Act adds to the agency record reporting 
requirements. The DNFSB will provide this information through its FOIA 
electronic reading room. The Chief FOIA officer is the DNFSB Deputy 
General Manager, and will designate a FOIA Public Liaison. Information 
about how to contact the FOIA Public Liaison will be available through 
the DNFSB FOIA electronic reading room.
    The DNFSB is issuing this rule as a final rule without the 
opportunity for public comment. The agency finds, for good cause, that 
allowing for notice and public comment is unnecessary. The changes made 
to the DNFSB implementing regulations reduce the burden on requestors, 
provide additional dispute resolution alternatives, and require the 
DNFSB to meet its response deadlines or waive the fees in whole or in 
part. The changes to the regulations are mandated by statute. The DNFSB 
has also reviewed public comments provided to other Federal agencies 
that have issued their regulations for public comment, and the DNFSB 
has used those comments to inform its regulations.

II. Regulatory Analysis

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, agencies 
must consider the impact of their rulemakings on ``small entities'' 
(small businesses, small organizations, and local governments). The 
DNFSB has reviewed this regulation and by approving it certifies that 
this regulation will not have a significant economic impact on a 
substantial number of small entities. This rule decreases the 
regulatory burden for requestors under FOIA, waives fees under certain 
circumstances, and provides additional dispute resolution options. 
Additionally, the agency received 21 FOIA requests in fiscal year 2016 
and charged $0.00 in fees. The DNFSB therefore determines and certifies 
that these amendments to its FOIA implementing regulations will not 
have a significant economic impact on a substantial number of small 
entities.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

[[Page 30723]]

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, as amended, 
5 U.S.C. 804. This rule will not result in an annual effect on the 
economy of $100,000,000 or more; a major increase in costs or prices; 
or significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

Paperwork Reduction Act

    The Paperwork Reduction Act (PRA) establishes certain requirements 
when an agency conducts or sponsors a ``collection of information.'' 44 
U.S.C. 3501-3520. The amendments to the DNFSB regulations implementing 
FOIA are required by the FOIA Improvement Act of 2016. The amendments 
to the DNFSB regulations do not require or request information, but 
rather, explain the agency's FOIA procedures. Submitting a request for 
agency records under FOIA is voluntary, so the information collected 
from requestors is not covered by the restrictions of the PRA.

Executive Order 12988 and Executive Order 13132--Federalism

    According to Executive Orders 12988 and 13132, agencies must state 
in clear language the preemptive effect, if any, of new regulations. 
The amendments to the agency's FOIA implementing regulations affect 
only FOIA requests submitted to the agency, and therefore, have no 
effect on preemption of State, tribal, or local government laws or 
otherwise have federalism implications.

Congressional Review Act

    This rule will not result in and is not likely to result in (A) an 
annual effect on the economy of $100,000,000 or more; (B) a major 
increase in costs or prices for consumers, individual industries, 
Federal, State, or local government agencies, or geographic regions; or 
(C) significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets. As such, the Office of Management and Budget has not 
found it to be a major rule as defined in the Congressional Review Act.

Finding of No Significant Environmental Impact

    The proposed regulations amend the DNFSB procedures for processing 
FOIA requests. The procedural changes to the FOIA implementing 
regulations will not result in significant impacts affecting the 
quality of the human environment, unavoidable adverse environmental 
effects, rejection of reasonable alternatives to the proposed action, 
or irreversible or irretrievable commitments of environmental 
resources. The agency has not consulted with any other agencies in 
making this determination.

III. Section by Section Analysis

Section 1703.103 Requests for Board Records Available Through the 
Public Reading Room

    Paragraph (a) is revised to identify the transition from a physical 
public reading room to an electronic public reading room. The FOIA 
Improvement Act mandates that certain records previously made available 
to the public through a public reading room, now be available for 
public inspection in an electronic format. The DNFSB has been in the 
practice for several years to make its FOIA records publicly available 
in an electronic format on its public Web site (https://www.dnfsb.gov). 
The DNFSB FOIA records will be available through its electronic reading 
room on its Web site (https://www.dnfsb.gov/foia-reading-room).

Section 1703.104 Board Records Exempt From Public Disclosure

    The Board is removing this section as unnecessary. The Board will 
apply the exemptions allowed by the FOIA, as amended, in determining 
whether to withhold a document from disclosure pursuant to a FOIA 
request. The re-statement of the FOIA exemptions in its regulation does 
not expand or narrow the scope of the exemptions and is unnecessary for 
either implementation or interpretation.

Section 1703.107 Fees for Record Requests

    The Board is amending this section to make explicit the waiver of 
fees if the Board does not meet its response deadlines under the FOIA 
Improvement Act.

Section 1703.109 Procedure for Appeal or Denial of Requests for Board 
Records and Denial of Requests for Fee Waiver or Reduction

    The Board is amending this section to provide notice of 
availability of assistance from the agency FOIA Public Liaison and the 
Office of Government Information Services. The DNFSB will work with the 
Office of Government Information Services on any issue referred to them 
for alternative dispute resolution. The FOIA Improvement Act provides 
the right of a requestor to seek assistance with the FOIA request or to 
seek dispute resolution services. The section is also being amended to 
allow an appeal from an adverse decision on access within 90 days of 
the denial.

List of Subjects in 10 CFR Part 1703

    Freedom of information.

    For the reasons stated in the preamble, the Defense Nuclear 
Facilities Safety Board amends 10 CFR Chapter 17, part 1703 as follows:

PART 1703--PUBLIC INFORMATION AND REQUESTS

0
1. The authority citation for part 1703 is revised to read as follows:

    Authority: 5 U.S.C. 301, 552; 31 U.S.C. 9701; 42 U.S.C. 2286b.


0
2. Amend section 1703.103 by revising the section heading and 
paragraphs (a) and (b) introductory text to read as follows:


Sec.  1703.103  Requests for agency records available through the 
electronic reading room.

    (a) The DNFSB will maintain an electronic reading room on its 
public Web site at https://www.dnfsb.gov/foia-reading-room. Records may 
be obtained by accessing and downloading them from the electronic 
reading room. The electronic reading room is intended to provide easy 
accessibility to a substantial collection of the agency's records. The 
agency considers the records available through its electronic reading 
room to have been placed in the public domain.
    (b) The public records of the agency that are available in the 
electronic reading room or through links from the electronic reading 
room include:
* * * * *


Sec.  1703.104  [Removed and Reserved]

0
3. Remove and reserve Sec.  1703.104.

0
4. Amend Sec.  1703.107 by adding paragraph (b)(2)(iv) to read as 
follows:


Sec.  1703.107  Fees for record requests.

* * * * *
    (b) * * *
    (2) * * *
    (iv) The Board will not assess any fees if it has failed to meet 
its deadlines in Sec.  1703.108.
* * * * *

0
5. Amend Sec.  1703.109 by revising paragraph (a) to read as follows:

[[Page 30724]]

Sec.  1703.109  Procedure for appeal of denial of requests for board 
records and denial of requests for fee waiver or reduction.

    (a)(1) A person whose request for access to records in whole or in 
part may appeal that determination to the General Counsel within 90 
days of the determination. A person denied a fee waiver or reduction 
may appeal that determination to the General Counsel within 30 days. 
The person may also seek assistance from the FOIA Public Liaison of the 
agency. Appeals filed pursuant to this section must be in writing, 
directed to the General Counsel at the address indicated in Sec.  
1703.105(b)(2), and clearly marked ``Freedom of Information Act 
Appeal.'' Such an appeal received by the Board not addressed and marked 
as indicated in this paragraph will be so addressed and marked by Board 
personnel as soon as it is properly identified and then will be 
forwarded to the General Counsel.
    (2) The General Counsel shall make a determination with respect to 
any appeal within 20 working days after the receipt of such appeal. If, 
on appeal, the denial of the request for records or fee reduction is in 
whole or in part upheld, the General Counsel shall notify the person 
making such request of the provisions for judicial review of that 
determination.
    (3) The requestor may request that the FOIA Public Liaison refer 
the denial to be reviewed through dispute resolution services or may 
request the Office of Government Information Services within the 
National Archives and Records Administration to review the denial.
* * * * *

    Dated: June 27, 2017.
Sean Sullivan,
Chairman.
[FR Doc. 2017-13863 Filed 6-30-17; 8:45 am]
BILLING CODE 3670-01-P