[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Rules and Regulations]
[Pages 57875-57876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26438]


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CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

40 CFR Part 1601

[Agency Docket Number CSB 17-1]


Freedom of Information Act Program

AGENCY: Chemical Safety and Hazard Investigation Board.

ACTION: Final rule.

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SUMMARY: The Chemical Safety and Hazard Investigation Board (CSB) 
published an interim final Freedom of Information Act (FOIA) rule in 
the Federal Register on September 29, 2017. This final rule confirms 
that the interim final rule is adopted as final without change.

DATES: This rule is effective December 8, 2017.

FOR FURTHER INFORMATION CONTACT: Kara Wenzel, Acting General Counsel, 
202-261-7600, or [email protected].

SUPPLEMENTARY INFORMATION: 

Executive Summary

    The CSB published an interim final FOIA rule in the Federal 
Register on September 29, 2017, 82 FR 45502. As an interim final rule, 
the rule became effective immediately upon publication in the Federal 
Register. Nonetheless, the CSB welcomed public comments from interested 
persons regarding the interim final rule. The due date for comments 
ended on October 30, 2017. The CSB did not receive any comments on the 
interim final rule. The CSB has determined that no further revisions 
are required to the interim final rule. Therefore, the CSB now issues 
this final rule to confirm that the interim final rule published 
previously shall be the final CSB FOIA rule. The interim final rule 
published September 29, 2017, 82 FR 45502, will be codified at 40 CFR 
part 1601 at the next regular update to the Code of Federal 
Regulations.

Regulatory Procedures

Administrative Procedure Act (5 U.S.C. Ch. 5)

    The CSB's previous implementation of this rule as an interim final 
rule, with provision for post-promulgation public comment, was based on 
section 553(b) of the Administrative Procedure Act. 5 U.S.C. 553(b). 
Under section 553(b), an agency may issue a rule without notice of 
proposed rulemaking and the pre-promulgation opportunity for public 
comment, with regard to ``interpretative rules, general statements of 
policy, or rules of agency organization, procedure, or practice.'' The 
CSB determined that many of the revisions were to interpretive rules 
issued by the CSB. Moreover, the CSB determined that the remaining 
revisions were rules of agency procedure or practice, as they did not 
change the substantive standards the agency applies in implementing the 
FOIA. The CSB also concluded that a pre-publication public comment 
period was unnecessary. The revisions in 40 CFR part 1601 merely 
implemented statutory changes, aligned the CSB's regulations with 
controlling judicial decisions, and clarified agency procedures.

Unfunded Mandates Reform Act (2 U.S.C. Ch. 25)

    This rule is not subject to the Unfunded Mandates Reform Act 
because it does not contain a Federal mandate that may result in the 
expenditure by state, local, and tribal governments, in the aggregate, 
or by the private sector, of $100,000,000.00 or more in any one year. 
Nor will it have a significant or unique effect on small governments.

Regulatory Flexibility Act (5 U.S.C. Ch. 6)

    This rule is not subject to the Regulatory Flexibility Act. The CSB 
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. The rule implements the procedures for 
processing FOIA requests within the CSB. Under the FOIA, agencies may 
recover only the direct costs of searching for, reviewing, and 
duplicating the records processed for the requesters. Thus, fees 
accessed by CSB will be nominal. Further, the ``small entities'' that 
make FOIA requests, as compared with individual and other requesters, 
are relatively few in number.

Paperwork Reduction Act (44 U.S.C. Ch. 35)

    This rule does not impose reporting or recordkeeping requirements 
under the Paperwork Reduction Act of 1995. The Paperwork Reduction Act 
imposes certain requirements on Federal agencies in connection with the 
conducting or sponsoring of any collection of information. This rule 
does not contain any new collection of information requirement within 
the meaning of the Act.

Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 
Ch. 6)

    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 $100,000,000.00 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 enterprises to compete with foreign-based enterprises in 
domestic and export markets.

National Environmental Policy Act of 1969 (5 U.S.C. 804)

    This rule will not have a significant effect on the human 
environment. Accordingly, this rule is categorically excluded from 
environmental analysis under 43 CFR 46.210(i).

E-Government Act of 2002 (44 U.S.C. 3504)

    Section 206 of the E-Government Act requires agencies, to the 
extent practicable, to ensure that all information about that agency 
required to be published in the Federal Register is also published on a 
publicly accessible Web site. All information about the CSB required to 
be published in the Federal Register may be accessed at http://www.csb.gov/. The E-Government Act also requires, to the extent 
practicable, that agencies ensure that a publicly accessible Federal 
Government Web site contains electronic dockets for rulemakings under 
the Administrative Procedure Act of 1946 (5 U.S.C. 551 et seq.). Under 
this Act, an electronic docket consists of all submissions under 
section 553(c) of title 5, United States Code; and all other materials 
that by agency rule or practice are included in the rulemaking docket 
under section 553(c) of title 5, United States Code, whether or not 
submitted electronically. The Web site http://www.csb.gov/ will contain 
an electronic dockets for this rulemaking.

Plain Writing Act of 2010 (5 U.S.C. 301)

    Under this Act, the term ``plain writing'' means writing that is 
clear, concise, well-organized, and follows other best practices 
appropriate to the subject or field and intended audience. To ensure 
that this rulemaking was written in plain and clear language so that it 
can be used and understood by the public, the CSB modeled the

[[Page 57876]]

language of this rule on the Federal Plain Language Guidelines.

List of Subjects in 40 CFR Part 1601

    Administrative practice and procedure, Archives and records, 
Confidential business information, Freedom of information, Privacy.

    Accordingly, the interim rule amending 40 CFR part 1601, which was 
published at 82 FR 45502 on September 29, 2017, is adopted as final 
without change.

Ray Porfiri,
Deputy General Counsel, Chemical Safety and Hazard Investigation Board.
[FR Doc. 2017-26438 Filed 12-7-17; 8:45 am]
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