[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Rules and Regulations]
[Pages 11875-11876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05425]


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SUSQUEHANNA RIVER BASIN COMMISSION

18 CFR Part 801


General Policies

AGENCY: Susquehanna River Basin Commission.

ACTION: Final rule.

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SUMMARY: This document contains rules that amend the regulations of the 
Susquehanna River Basin Commission (Commission) to codify the 
Commission's Access to Records Policy providing rules and procedures 
for the public to request and receive the Commission's public records.

DATES: The rule is effective March 19, 2018.

ADDRESSES: Susquehanna River Basin Commission, 4423 N Front Street, 
Harrisburg, PA 17110-1788.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Esq., General Counsel, 
717-238-0423, ext. 1312; [email protected]. Also, for further information 
on the final rule, visit the Commission's website at http://www.srbc.net.

SUPPLEMENTARY INFORMATION: Notice of proposed rulemaking was published 
in the Federal Register on October 12, 2017 (82 FR 47407); New York 
Register on October 25, 2017; Pennsylvania Bulletin on October 21, 
2017; and Maryland Register on October 27, 2017. The Commission 
convened a public hearing on November 2, 2017, in Harrisburg, 
Pennsylvania. A written comment period was held open through November 
13, 2017.
    The Commission received one comment on the proposed rule, which was 
supportive of the Commission's efforts to formalize its Access to 
Records Policy. The Commission also received two comments after the 
close of the official public comment period suggesting some changes to 
rulemaking.
    Based upon input from the Commission's member jurisdictions, 
subsection (b)(4) is amended and a new subsection (f) is added to 
create an exception to records subject to public access for those 
internal, pre-decisional deliberations between staff and member 
jurisdictions working in cooperation with the Commission. The 
Commission will also modify Sec.  801.14(b)(1) to clarify that it does 
not prohibit the Commission from providing salary information in 
response to records requests, as the Commission has historically 
released these records upon request. Section 801.14(b)(8) is also 
modified to exclude the provision of financial documents related to 
critical infrastructure.
    Based on public input the Commission clarifies the following:
     The Commission does intend to review and revisit its 
Access to Records Policy after adoption of the final rule to update its 
procedures.
     The final rule, Sec.  801.14(c)(3), provides that the 
Commission must respond in a reasonable time frame. The Commission 
works with requesters and generally responds to records requests within 
30 days of the request. The reasonable timeframe language allows the 
Commission to deal with requests varying in complexity and magnitude 
while continuing to balance prompt access to records with the agency's 
other obligations and limitations.
    Through this final rule, the Commission continues its long 
tradition of transparency by formalizing the key elements of its Access 
to Records Policy in duly promulgated regulations. The Commission's 
2009 Access to Records Policy, which remains in effect, can be found 
at: http://www.srbc.net/pubinfo/docs/2009-02_Access_to_Records_Policy_20140115.pdf. The Commission's current 
records processing fee schedule can be found at: http://www.srbc.net/pubinfo/docs/RecordsProcessingFeeScheduleUpdatedAddress.pdf.

List of Subjects in 18 CFR Part 801

    Administrative practice and procedure, Water resources.

    Accordingly, for the reasons set forth in the preamble, the 
Susquehanna River Basin Commission amends 18 CFR part 801 as follows:

PART 801--GENERAL POLICIES

0
1. The authority citation for part 801 is revised to read as follows:


[[Page 11876]]


    Authority:  Secs. 3.1, 3.4, 3.5(1), 15.1 and 15.2, Pub. L. 91-
575 (84 Stat. 1509 et seq.).


0
2. Add Sec.  801.14 to read as follows:


Sec.  801.14  Public access to records.

    (a) Purpose. The Commission, as an independent compact agency, is 
not subject to any of its member jurisdictions' laws regarding public 
access to records. Nevertheless, the Commission wishes to assure, to 
the maximum extent practicable, the availability of Commission records 
consistent with the Susquehanna River Basin Compact. The Commission 
shall maintain an ``Access to Records Policy'' that outlines the 
details and procedures related to public access to the Commission's 
records. Any revisions to this policy shall be consistent with this 
section and undertaken in accordance with appropriate public notice and 
comment consistent with requirements of 18 CFR 808.1(b).
    (b) Scope. This section shall apply to all recorded information, 
regardless of whether the information exists in written or electronic 
format. There is a strong presumption that records shall be public, 
except where considerations of privacy, confidentiality, and security 
must be considered and require thoughtful balancing. The Commission 
shall identify types of records that are not subject to public access:
    (1) Personnel or employment records, excluding salary information;
    (2) Trade secrets, copyrighted material, or any other confidential 
business information;
    (3) Records exempted from disclosure by statute, regulation, court 
order, or recognized privilege;
    (4) Records reflecting internal pre-decisional deliberations, 
including deliberations between the commission and representatives of 
member jurisdictions;
    (5) Records reflecting employee medical information, evaluations, 
tests or other identifiable health information;
    (6) Records reflecting employee personal information, such as 
social security number, driver's license number, personal financial 
information, home addresses, home or personal cellular numbers, 
confidential personal information, spouse names, marital status or 
dependent information;
    (7) Investigatory or enforcement records that would interfere with 
active enforcement proceedings or individual due process rights, 
disclose the identity of public complainants or confidential sources or 
investigative techniques or endanger the life or safety of Commission 
personnel; or
    (8) Records related to critical infrastructure, excluding financial 
records, emergency procedures, or facilities.
    (c) Procedures. The Access to Records Policy will detail the 
necessary procedures for requesting records and processing records 
requests:
    (1) Requests shall be in writing and shall be reasonably specific;
    (2) The Commission shall identify an Access to Records Officer to 
handle requests;
    (3) The Commission shall respond to a records request within a 
reasonable time and in consideration of available resources and the 
nature of the request;
    (4) The Commission shall not be required to create a record that 
does not already exist, or to compile, maintain, format or organize a 
public record in a manner in which the Commission does not currently 
practice;
    (5) A procedure shall be identified for electronic transfer, 
copying or otherwise providing records in a manner that maintains the 
integrity of the Commission's files; and
    (6) A procedure shall be identified for handling review of requests 
that seek access to information that has been identified as 
confidential and for notifying the person(s) who submitted the 
confidential information that it is subject to a records request.
    (d) Fees. The Commission shall adopt and maintain a ``Records 
Processing Fee Schedule.'' The fees shall be calculated to reflect the 
actual costs to the Commission for processing records requests and may 
include the costs of reproducing records and the cost to search, 
prepare and/or redact records for extraordinary requests.
    (e) Appeals. Any person aggrieved by a Commission action on a 
records request shall have 30 days to appeal a decision in accordance 
with 18 CFR 808.2.
    (f) Disclosure to consultants, advisory committees, and State and 
local government officials and employees. Data and information 
otherwise exempt from public disclosure may be disclosed to Commission 
consultants, advisory committees, and state and local government 
officials and employees for use only in their work in cooperation with 
the Commission. Such persons are thereafter subject to the same 
restrictions with respect to the disclosure of such data and 
information as any other Commission employee.

    Dated: March 13, 2018.
Stephanie L. Richardson,
Secretary to the Commission.
[FR Doc. 2018-05425 Filed 3-16-18; 8:45 am]
 BILLING CODE 7040-01-P