[Federal Register Volume 87, Number 141 (Monday, July 25, 2022)]
[Rules and Regulations]
[Pages 43991-43999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15797]



[[Page 43991]]

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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Parts 4001 and 4901

RIN 1212-AB44


Examination and Copying of PBGC Records

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

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SUMMARY: This final rule updates and clarifies guidance on examining 
records kept by PBGC. The amendments reflect statutory changes to the 
Freedom of Information Act and recent updates to PBGC's procedures for 
record examination.

DATES: 
    Effective date. This rule is effective on August 24, 2022.
    Applicability date. The amendments under this final rule apply to 
requests under the Freedom of Information Act submitted to PBGC on or 
after August 24, 2022.

FOR FURTHER INFORMATION CONTACT: Melissa Rifkin 
([email protected]), Attorney, Regulatory Affairs Division, 
Office of the General Counsel, Pension Benefit Guaranty Corporation, 
1200 K Street NW, Washington, DC 20005-4026; 202-229-6563. (If you are 
deaf or hard of hearing or have a speech disability, please dial 7-1-1 
to access telecommunications relay services.)

SUPPLEMENTARY INFORMATION: 

Executive Summary

Purpose and Authority

    This final rule updates the Pension Benefit Guaranty Corporation's 
(PBGC's) regulation on requesting, obtaining, and examining records to 
reflect statutory changes and current agency practice. Authority for 
this rule is provided by section 4002(b)(3) of the Employee Retirement 
Income Security Act of 1974 and by the Freedom of Information Act, as 
amended.

Major Provisions

    This final rule:
     Clarifies that PBGC's disclosable records are generally 
available in an electronic, rather than paper, format.
     Describes the procedure to seek expedited treatment for 
record requests.
     Clarifies the acceptable methods for submitting record 
requests.
     Updates the time limit to respond to record requests.
     Clarifies the procedures available to a requester when 
PBGC extends the time to respond to a disclosure request or an appeal.
     Clarifies the procedure for responding to requests that 
are of concern to a Federal agency other than PBGC.
     Updates the fees for search and review time.
     Modifies the definitions of certain categories of 
requesters.

Background

    The Pension Benefit Guaranty Corporation (PBGC) is amending its 
regulation on Examination and Copying of Pension Benefit Guaranty 
Corporation Records (29 CFR part 4901) (``FOIA regulation'') to: (1) 
incorporate statutory changes to the Freedom of Information Act (5 
U.S.C. 552) (``FOIA'') made by the FOIA Improvement Act of 2016 (``the 
2016 Act'') and prior statutory amendments; (2) reflect PBGC's current 
procedures for processing and responding to FOIA requests; and (3) 
update the fees charged to certain requesters to more accurately 
reflect PBGC's costs in performing the search and review work that is 
necessary to respond to their FOIA requests. The final rule also makes 
clarifications and other editorial changes to 29 CFR part 4901.
    PBGC is committed to maintaining excellent customer service in 
responding to FOIA requests. Since 2015, PBGC has received the 
Department of Justice's Office of Information Policy's highest score in 
each key area for which it recognizes agencies: (1) applying a 
presumption of openness, (2) having an efficient system in place for 
responding to requests, (3) increasing proactive disclosures, (4) 
utilizing technology, and (5) reducing any backlogs and improving 
timeliness.\1\ A 2015 audit by the National Security Archive, a non-
governmental organization, gave PBGC its highest rating and found it to 
be among ``the best overall [for] . . . proactively meeting the 21st 
Century Standard of posting all or nearly all FOIA releases online.'' 
\2\ The changes further improve PBGC's FOIA process and increase the 
transparency of its procedures.
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    \1\ See Department of Justice, Summary of Agency Chief FOIA 
Officer Reports for 2015, 2016, 2017, and 2018. See for 2018, 
www.justice.gov/OIP/Reports/2018Summary%26Assessment/download#2018; 
for 2017, www.justice.gov/oip/reports/2017_cfo_summary_and_assessment.pdf/download; for 2016, 
www.justice.gov/oip/reports/2016_cfo_summary_and_assessment/download; and for 2015, www.justice.gov/oip/2015_cfo_summary_and_assessment.pdf/download.
    \2\ See Most Agencies Falling Short on Mandate for Online 
Records, The National Security Archive 2015 E-FOIA Audit, 
nsarchive2.gwu.edu/NSAEBB/NSAEBB505/.
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    On October 13, 2020 (at 85 FR 64425), PBGC published a proposed 
rule to amend this regulation and did not receive any public comments. 
The provisions of this final rule are the same as the proposed rule and 
are discussed below.

Final Rule Amendments

Records Available in an Electronic Format

    Section 2 of the 2016 Act replaced references to ``public 
inspection and copying'' in the FOIA with ``public inspection in an 
electronic format.'' A stated goal of the 2016 Act was to ``require 
federal agencies to make their disclosable records and documents 
available for public inspection in an electronic format.'' \3\ PBGC's 
Disclosure Division follows this directive and produces disclosable 
records in an electronic format, but in several places PBGC's FOIA 
regulation referred to the practice of offering paper copies of 
documents. The final rule replaces the term ``copy'' in its FOIA 
regulation with language conveying that, where practicable, records 
covered under the FOIA are available or will be made available in an 
electronic, rather than paper, format. Also, the final rule adds in 
Sec.  4901.2 a definition of the term ``record'' with a reference to 
the statutory definition, which includes information in an electronic 
format.
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    \3\ Congressional Research Services, Summary of FOIA Improvement 
Act of 2016, Public Law 114-185, June 30, 2016.
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Electronic Reading Room

    PBGC used to maintain a reference room on-site where members of the 
public could inspect and copy certain PBGC records without formally 
requesting them. Following the directive of the 2016 Act to make 
records and documents available for public inspection in an electronic 
format, PBGC modified its FOIA regulation and replaced instances of the 
term ``reference room'' with ``electronic reading room,'' meaning an 
online and publicly accessible database of certain PBGC records.\4\
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    \4\ See 82 FR 26990 (June 13, 2017).
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    The final rule updates Sec.  4901.4(c) of the FOIA regulation to 
remove the requirement that PBGC keep a register for the purpose of 
collecting the names of people who inspect rulemaking proceedings in 
the electronic reading room and the times at which they do so. This 
requirement was possible with PBGC's on-site reference room but is 
impractical with its electronic reading room. It would be unnecessarily 
burdensome to require individuals who inspect rulemaking proceedings in 
the

[[Page 43992]]

electronic reading room to provide their names.

Submitting a Record Request

    The final rule amends Sec.  4901.11 of the FOIA regulation to 
clarify the procedures for submitting a request for records. First, 
PBGC's Disclosure Division requires FOIA requests to be in writing, and 
the final rule codifies this requirement. Second, the final rule 
codifies that electronic telecommunication (i.e., email, online portal) 
is an approved method to submit a FOIA request. Third, the final rule 
adds a statement that a requester may seek the assistance of a PBGC 
FOIA Public Liaison and a description of this position. PBGC's 
Disclosure Division has designated FOIA Public Liaisons, as required by 
FOIA, who assist requesters with describing records they are seeking, 
understanding the status of requests, and resolving disputes. This 
addition to Sec.  4901.11 highlights the availability of this help.
    In addition, the final rule clarifies PBGC procedures that apply 
when a FOIA request does not sufficiently describe the records being 
sought. Section 4901.12(b) of the FOIA regulation states that PBGC will 
offer assistance to a requester who has submitted a deficient request. 
The final rule adds that the requester will be informed of the 
availability of assistance from the FOIA Public Liaison, that the 
failure to reasonably describe the records being sought could cause a 
delay in responding to the request or a denial of the request, and that 
an amended request must provide sufficient detail to meet the 
requirements of an original request.

Action on Request

    Section 552(a)(6)(A)(i) of the FOIA provides that a Federal agency 
has 20 working days to make a determination on a FOIA request. A Senate 
Report to the Electronic Freedom of Information Act Amendments of 
1996,\5\ the law that increased the required response period from 10 to 
20 days, said, ``Compliance with the 10-day rule is a practical 
impossibility for the majority of agencies.'' \6\ Therefore, the final 
rule updates the time limit for responding to FOIA requests in Sec.  
4901.14(a) of the FOIA regulation from 10 working days to 20 working 
days, not including extensions. In practice, PBGC already follows the 
time limit permitted under the statute to allow for thorough and 
appropriate searches and reviews of agency records.
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    \5\ Public Law 104-231.
    \6\ S. Rep. 104-272, May 15, 1996.
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    Section 552(a)(6)(A)(ii) of the FOIA provides that Federal agencies 
have a single opportunity to ask the requester for additional 
information and to toll the 20-working day response period while 
awaiting the requester's response. This provision is intended to 
``ensure accuracy in FOIA responses.'' \7\ PBGC's Disclosure Division 
follows the statute with respect to tolling the response period, and 
the final rule codifies this practice in Sec.  4901.14(a).
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    \7\ 153 Cong. Rec. S15701-04, on the OPEN Government Act on 
2007, Public Law 110-175.
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    Also, the final rule adds to Sec.  4901.14(b) a provision that PBGC 
will provide records in the format specified in the request if 
practicable.
    Finally, the final rule clarifies PBGC's procedures for when a 
requested record cannot be located. Section 4901.14(d) of the FOIA 
regulation states that a request may be denied if a record is not 
located in time to determine whether it may be disclosed. The final 
rule clarifies that when records cannot be located despite a reasonably 
calculated search to uncover all relevant documents, PBGC will let the 
requester know there are no records to provide, rather than deny the 
request.

Appeals

    Under PBGC's procedures, a requester may appeal any adverse 
determination by the Disclosure Division. However, before the final 
rule, Sec.  4901.15(a) stated that a requester may appeal only a denial 
of a request for disclosure of information. The amendment to Sec.  
4901.15(a) clarifies that a requester may appeal any adverse decision 
by the Disclosure Division under FOIA, including a denial of: access to 
records, expedited processing, or waiver of fees. It also clarifies the 
instructions for submitting an appeal.

Extensions of Time

    As provided for in section 552(a)(6)(B) of the FOIA and Sec.  
4901.16 of the FOIA regulation, PBGC may extend its time to respond to 
a disclosure request or an appeal when it must collect records stored 
off-site, examine a voluminous amount of records, or consult with 
another agency to respond to a FOIA request. The final rule adds to 
Sec.  4901.16 that when an extension of time exceeds 10 working days, 
the requester will be notified of the opportunity to seek assistance, 
modify the request, or arrange an alternative time period (with new 
response due dates) for processing the original or modified request. 
This change is intended to improve customer service.

Expedited Action on Requests and Appeals

    Section 552(a)(6)(E)(i) of the FOIA states that Federal agencies 
must promulgate regulations to provide expedited processing of FOIA 
requests and appeals where the requester demonstrates a compelling need 
and for other reasons determined by the agency. PBGC's Disclosure 
Division has a process to request and receive expedited processing. The 
final rule codifies this process. New Sec.  4901.17 allows a requester 
to submit a request for expedited action on a disclosure request or 
appeal. PBGC will act on the disclosure request or appeal as soon as 
practicable if the requester demonstrates that: (1) a lack of expedited 
action could reasonably be expected to pose an imminent threat to the 
life or physical safety of an individual or the loss of an individual's 
substantial due process rights, or (2) the requester is primarily 
engaged in disseminating information and the disclosure request or 
appeal is urgently needed to inform the public about an actual or 
alleged Federal Government activity.
    The final rule also moves what was Sec.  4901.17 on exhaustion of 
administrative remedies to newly added Sec.  4901.18.

Record of Concern to More Than One Agency

    The final rule modifies Sec.  4901.23, which covers the procedures 
for a requested record that is of interest to a Federal agency other 
than PBGC. Before the final rule, PBGC could release such a record only 
if it determined that PBGC's interest in the record was greater than 
that of the other agency. Under the amendment, PBGC has greater 
discretion over whether to transfer the request to another agency. If 
PBGC receives a request for records that is of concern to another 
agency, PBGC will either consult with the interested Federal agency 
about the requested records before determining whether the record is 
disclosable or refer the request to the interested Federal agency to 
make that determination. This change is intended to eliminate referrals 
where the requested record is of concern to the other agency, but PBGC 
is nonetheless able to determine whether it may be disclosed. Allowing 
a consultation in these situations will help to ensure that certain 
requests for records are not unnecessarily delayed.

[[Page 43993]]

Charges for Services

    The final rule simplifies the categories of requesters used to 
determine if a requester will be charged fees. Before, under Sec.  
4901.31(b), (1) non-commercial scientific or educational institutions 
and (2) the news media were considered two separate categories. Under 
the amendment, they are combined into a single category, as requesters 
that fall within these parameters are not assessed fees for responses 
to their FOIA requests.
    In addition, the final rule updates the definitions in Sec.  
4901.31(b). In Sec.  4901.31(b)(1)(ii), the definition of ``commercial 
use'' states that such use may include litigation work and that PBGC 
will determine if a requester should be in the ``commercial use'' 
category on a case-by-case basis and inform the requester of its 
decision. In Sec.  4901.31(b)(2)(iii), the definition of ``educational 
institution'' is modified to allow PBGC to verify that a request is in 
furtherance of scholarly research and to state that PBGC will inform 
the requester of its decision. Also, the final rule updates and 
clarifies the definition of ``representative of the news media'' in 
Sec.  4901.31(b)(2)(iv).
    Finally, the final rule amends Sec.  4901.31(e) to clarify the 
circumstances in which PBGC may fail to comply with a time limit under 
section 552(a)(6) of the FOIA but still assess fees.

Fee Schedule

    The final rule updates the fees charged for search and review time 
on its FOIA fee schedule. Under section 552(a)(4)(A)(i) of the FOIA,\8\ 
Federal agencies must conform their FOIA fee schedules with OMB's 
Uniform Freedom of Information Act Fee Schedule and Guidelines \9\ (OMB 
Guidelines). This guidance states, ``Agencies should charge fees that 
recoup the full allowable direct costs they incur.'' Direct costs, per 
OMB Guidelines, include the salary rate, meaning basic rate of pay plus 
16 percent, intended to cover benefits,\10\ of the employee making the 
search. Agencies may establish an average rate for the range of grades 
typically involved if ``a homogeneous class of personnel is used 
exclusively (e.g., all administrative/clerical, or all professional/
executive).''
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    \8\ ``[E]ach agency shall promulgate regulations . . . 
specifying the schedule of fees applicable to the processing of 
requests . . . Such schedule shall conform to the guidelines which 
shall be promulgated, pursuant to notice and receipt of public 
comment, by the Director of the Office of Management and Budget and 
which shall provide for a uniform schedule of fees for all 
agencies.''
    \9\ 52 FR 10012 (March 27, 1987).
    \10\ See id; see also Department of Justice, Office of 
Information Policy's Template for Agency FOIA Regulations.
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    Before the final rule, PBGC's fees were too low to comport with the 
requirement to fully recoup direct costs, per OMB Guidelines and 5 
U.S.C. 552(a)(4)(A)(i). PBGC charged $1.75 per quarter hour ($7.00 per 
hour) for search and review work performed by custodial or clerical 
personnel and $4.00 per quarter hour ($16.00 per hour) for search and 
review work performed by supervisory and professional personnel. These 
rates were set in 1987 \11\ and were well below the salary rates of 
PBGC employees working on FOIA requests.
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    \11\ See 52 FR 30662 (August 17, 1987).
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    PBGC personnel who typically conduct search and review work are a 
homogeneous class of professional employees. These employees generally 
are at the grade level of GS-12 or higher. Accordingly, the final rule, 
like the proposed, sets a single fee for search and review work 
performed by professional personnel at $54.00 per hour (approximately 
basic pay plus 16 percent \12\ for a GS-12, step 5 employee in 
Washington, DC in 2020). The rate is within the range of fees charged 
by other agencies for search and review work by professional personnel.
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    \12\ The 16 percent accounts for benefits, per OMB Guidelines.
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    The change to PBGC's fee schedule is unlikely to increase fees to 
individual plan participants or beneficiaries requesting their own 
records. PBGC considers most such requests to be covered wholly under 
the Privacy Act of 1974, 5 U.S.C. 552a, which allows fees only for 
duplication. Based on PBGC's experience processing these requests, any 
components of them that are not covered under the Privacy Act likely 
require no more than 2 hours of search time. As these are for ``other 
requesters,'' i.e., individual plan participants requesting their own 
records, they are granted at no charge. In addition, PBGC will not earn 
any additional funds from this change as FOIA fees are paid to the U.S. 
Treasury, not to the agency responding to the request.
    The final rule also streamlines and simplifies PBGC's methods of 
calculating certain fees under FOIA. Before the final rule, Sec.  
4901.32(a)(2) stated that PBGC's transportation costs necessary to 
retrieve off-site records would be charged to a requester. Under the 
amendment, PBGC will charge these costs in accordance with the 
Transactional Billing Rate Schedule established by the National 
Archives and Records Administration.
    Finally, the final rule deletes Sec.  4901.32(a)(3), which 
establishes a different system of charges for searches of computerized 
records; the outmoded limits on copied documents in Sec.  
4901.32(b)(3); and the outmoded references to PBGC's provision of a 
manual copying machine in Sec.  4901.32(b)(4).

Payment of Fees

    The final rule changes the approved methods for payment of FOIA 
fees in Sec.  4901.33 to include: check, money order or other PBGC 
permitted means. This change will allow PBGC to employ new technologies 
for submitting FOIA fee payments as they are developed.

Waiver or Reduction of Charges

    Section 552(a)(4)(A)(iii) of the FOIA describes the conditions 
necessary to waive FOIA fees.\13\ Because inability to pay is not 
described in this provision of the statute, the final rule deletes the 
language in Sec.  4901.34(b) of the FOIA regulation, which provided 
that the Disclosure Officer could waive or reduce fees based on the 
requester's inability to pay. The final rule instead adheres to the 
statutory language about when fees may be waived. It also provides that 
PBGC will inform the requester in writing that a fee waiver request was 
denied and why. This amendment is intended to increase accuracy and 
transparency about when fees may be waived.
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    \13\ The conditions under 552(a)(4)(A)(iii) of the FOIA are, 
``if disclosure of the information is in the public interest because 
it is likely to contribute significantly to public understanding of 
the operations or activities of the government and is not primarily 
in the commercial interest of the requester.''
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Compliance With Rulemaking Guidelines

Executive Orders 12866 and 13563

    The Office of Management and Budget has determined that this 
rulemaking is not a ``significant regulatory action'' under Executive 
Order 12866. This rule updates PBGC's FOIA regulation to comport with 
amendments to 5 U.S.C. 552 and PBGC's procedures. Accordingly, OMB has 
not reviewed the final rule under Executive Order 12866.
    Executive Order 12866 directs agencies to assess all costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity).
    Although this is not a significant regulatory action under 
Executive Order

[[Page 43994]]

12866, PBGC has examined the economic implications of this final rule 
and has concluded that there will be no significant economic impact as 
a result of the amendments to PBGC's regulation. Most of the amendments 
merely clarify existing PBGC practices or modify the regulation to meet 
statutory requirements. The only additional costs to the public come 
from the update to the fees for search and review time under Sec.  
4901.32 to bring the fee schedule in line with current costs. PBGC 
collects annually less than $3,000 in fees for responding to FOIA 
requests. Under the final rule, PBGC is raising its FOIA fee to $54.00 
per hour, which is 3.375 times its previous FOIA fee of $16.00 per 
hour. With the increase of 3.375 times, PBGC anticipates that it will 
collect roughly between $6,500 and $10,000 in fees annually. Therefore, 
the increased fees under Sec.  4901.32 will not have a significant 
economic impact on the public.
    Section 6 of Executive Order 13563 requires agencies to rethink 
existing regulations by periodically reviewing their regulatory program 
for rules that ``may be outmoded, ineffective, insufficient, or 
excessively burdensome.'' These rules should be modified, streamlined, 
expanded, or repealed as appropriate. PBGC has identified 
clarifications, updates, and improvements to this regulation consistent 
with the principles for review under Executive Order 13563. PBGC 
believes that the changes will provide clearer guidance to the public.

Regulatory Flexibility Act

    The Regulatory Flexibility Act \14\ imposes certain requirements 
with respect to rules that are subject to the notice-and-comment 
requirements of section 553(b) of the Administrative Procedure Act and 
that are likely to have a significant economic impact on a substantial 
number of small entities. Unless an agency determines that a final rule 
is not likely to have a significant economic impact on a substantial 
number of small entities, section 604 of the Regulatory Flexibility Act 
requires that the agency present a final regulatory flexibility 
analysis at the time of the publication of the final rule describing 
the impact of the rule on small entities and steps taken to minimize 
the impact. Small entities include small businesses, organizations, and 
governmental jurisdictions.
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    \14\ 5 U.S.C. 601 et seq.
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    PBGC certifies under section 605(b) of the Regulatory Flexibility 
Act that the amendments in this final rule will not have a significant 
economic impact on a substantial number of small entities. Although 
PBGC does not have data on the number of small entities that the rule 
will impact, the rule's economic impact on small entities will be 
nominal. Most of the amendments clarify existing PBGC practices and 
will have a neutral cost impact. The amendment to PBGC's search and 
review fees is consistent with the mandates on all Federal agencies 
under FOIA and OMB Guidelines. Under FOIA, agencies may recover only 
the direct costs of searching for, reviewing, and duplicating the 
records processed for requesters. Thus, under the final rule, the fees 
assessed by PBGC are nominal. Accordingly, as provided in section 605 
of the Regulatory Flexibility Act, sections 603 and 604 do not apply.

Paperwork Reduction Act

    This document does not contain a collection-of-information 
requirement subject to the Paperwork Reduction Act (PRA).

List of Subjects

29 CFR Part 4001

    Business and industry, Organization and functions (Government 
agencies), Pension insurance, Pensions, Small businesses.

29 CFR Part 4901

    Freedom of information.

    In consideration of the foregoing, PBGC amends 29 CFR parts 4001 
and 4901 as follows:

PART 4001--TERMINOLOGY

0
1. The authority citation for part 4001 continues to read as follows:

    Authority: 29 U.S.C. 1301, 1302(b)(3).


0
2. Amend Sec.  4001.2 by revising the definition of ``Disclosure 
officer'' to read as follows:


Sec.  4001.2   Definitions.

* * * * *
    Disclosure Officer means the official designated as Disclosure 
Officer in the Office of the General Counsel, PBGC.
* * * * *

PART 4901--DISCLOSURE AND PUBLIC INSPECTION OF PENSION BENEFIT 
GUARANTY CORPORATION RECORDS

0
3. The authority citation for part 4901 continues to read as follows:

    Authority:  5 U.S.C. 552, 29 U.S.C. 1302(b)(3), E.O. 12600, 52 
FR 23781, 3 CFR, 1987 Comp., p. 235.


0
4. Revise the heading of part 4901 to read as set forth above.

0
5. Revise Sec.  4901.1 to read as follows:


Sec.  4901.1   Purpose and scope.

    This part contains PBGC's general rules implementing the Freedom of 
Information Act. This part sets forth generally the categories of 
records accessible to the public, types of records subject to 
prohibitions or restrictions on disclosure, and procedures whereby 
members of the public may access and inspect PBGC records.

0
6. Amend Sec.  4901.2 by:
0
a. Removing ``party,'' from the first definition; and
0
b. Adding in alphabetical order a definition for ``Record''.
    The addition reads as follows:


Sec.  4901.2   Definitions.

* * * * *
    Record has the meaning attributed to it by section 552(f)(2) of 
FOIA.
* * * * *


Sec.  4901.3   [Amended]

0
7. Amend Sec.  4901.3 by removing ``The PBGC'' and ``website'' and 
adding in their places ``PBGC'' and ``website'', respectively.

0
8. Amend Sec.  4901.4 by:
0
a. Removing ``The PBGC shall'' and adding in its place ``PBGC will'' in 
the introductory text;
0
b. Removing ``Copies of Federal Register documents published by the 
PBGC, and copies of'' and adding in its place ``Federal Register 
documents published by PBGC, and'' in paragraph (a);
0
c. Removing ``Copies of informational'' and adding in its place 
``Informational'' in paragraph (b);
0
d. Revising paragraphs (c) and (d); and
0
e. Removing ``paragraph (a)(2)'' and adding in its place ``section 
552(a)(2)'' in paragraph (e).
    The revisions read as follows:


Sec.  4901.4   Information maintained in electronic reading room.

* * * * *
    (c) Rulemaking proceedings. All papers and documents made a part of 
the official record in administrative proceedings conducted by PBGC in 
connection with the issuance, amendment, or revocation of rules and 
regulations or determinations having general applicability or legal 
effect with respect to members of the public or a class thereof;
    (d) Other agency proceedings, policies, staff manuals and 
instructions, and records. Except to the extent that deletion of 
identifying details is required to prevent a clearly unwarranted 
invasion of personal privacy (in which case PBGC will

[[Page 43995]]

explain in writing the justification for the deletion)--
    (1) Adjudication proceedings. Final opinions, orders, and (except 
to the extent that an exemption provided by FOIA must be asserted in 
the public interest to prevent a clearly unwarranted invasion of 
personal privacy or violation of law or to ensure the proper discharge 
of the functions of PBGC) other papers and documents made a part of the 
official record in adjudication proceedings conducted by PBGC;
    (2) Policy statements and interpretations. Statements of policy and 
interpretations affecting a member of the public which have been 
adopted by PBGC and which have not been published in the Federal 
Register;
    (3) Staff manuals and instructions. Administrative staff manuals 
and instructions to staff issued by PBGC that affect any member of the 
public;
    (4) Frequently requested records. Records that have been released 
under section 552(a)(3) of FOIA and have been the subject of three or 
more disclosure requests; and
    (5) Other records. Records that have been released under section 
552(a)(3) of FOIA and that PBGC determines, because of the nature of 
the records' subject matter, have become or are likely to become the 
subject of subsequent disclosure requests for substantially the same 
records; and
* * * * *

0
9. Revise Sec.  4901.5 to read as follows:


Sec.  4901.5   Disclosure of other information.

    (a) In general. Upon the request of any person submitted in 
accordance with subpart B of this part, the Disclosure Officer will 
make any document (or portion thereof) from the records of PBGC in the 
custody of any official of PBGC available for inspection unless PBGC 
reasonably foresees that disclosure would harm an interest protected by 
an exemption under the provisions of section 552(b) of FOIA and subpart 
C of this part or disclosure is otherwise prohibited by law. The 
procedures in subpart B of this part must be used for records that are 
not made available in PBGC's electronic reading room under Sec.  4901.4 
and may be used for records that are available in the electronic 
reading room. Records are not records of PBGC and are not required to 
be furnished under FOIA, if they could only be produced by manipulation 
of existing information (such as computer analyses of existing data), 
thus creating information not previously in existence.
    (b) Discretionary disclosure. Unless prohibited from disclosure by 
Sec.  4901.21(a), the Disclosure Officer may make any document (or 
portion thereof) from the records of PBGC available for inspection if 
the Disclosure Officer determines that disclosure furthers the public 
interest and does not impede the discharge of any of the functions of 
PBGC.

0
10. Revise Sec.  4901.6 to read as follows:


Sec.  4901.6   Filing rules; computation of time.

    (a) Place, method, and date of filing. (1) For rules about where to 
file a submission under this part with PBGC, see Sec.  4000.4 of this 
chapter.
    (2) For rules about permissible methods of filing with PBGC under 
this part, see Sec.  4000.3 of this chapter.
    (3) For rules about the date that a submission under this part was 
filed with PBGC, see subpart C of part 4000 of this chapter.
    (b) Computation of time. For rules about any time period under this 
part, see subpart D of part 4000 of this chapter.

0
11. Revise Sec.  4901.11 to read as follows:


Sec.  4901.11   Submission of requests for access to records.

    (a) In general. A request to inspect any record subject to this 
subpart must be submitted in writing to the Disclosure Officer, Pension 
Benefit Guaranty Corporation, by mail, in-person delivery, or 
electronic telecommunication in accordance with the FOIA instructions 
on PBGC's website, www.pbgc.gov. To facilitate processing, ``FOIA 
request'' should appear prominently on the request.
    (b) Assistance with requests. A person who intends to submit or has 
submitted a request to inspect any record subject to this subpart may 
at any time seek assistance from a FOIA Public Liaison listed on PBGC's 
website, www.pbgc.gov. PBGC's FOIA Public Liaisons are responsible for 
assisting in reducing delays, increasing transparency and understanding 
of the status of requests, and assisting in the resolution of disputes.

0
12. Amend Sec.  4901.12 by:
0
a. Removing ``Each request'' and adding in its place ``Each disclosure 
request'' in paragraph (a);
0
b. Revising paragraph (b); and
0
c. Removing ``Requests calling'', ``paragraph (a)(3)'', ``the PBGC'', 
and ``disclosure officer shall'' and adding in their places 
``Disclosure requests calling'', ``section 552(a)(3)'', ``PBGC'', and 
``Disclosure Officer will'', respectively, in paragraph (c).
    The revision reads as follows:


Sec.  4901.12   Description of information requested.

* * * * *
    (b) Deficient descriptions. (1) If the description is insufficient 
to enable a professional employee familiar with the subject area of the 
disclosure request to locate the record with a reasonable amount of 
effort, the Disclosure Officer will notify the requester and, to the 
extent possible, indicate the additional information required. PBGC 
will make every reasonable effort to assist a requester in the 
identification and location of the record or records sought. PBGC will 
not withhold records merely because of difficulty in finding them.
    (2) A requester who is attempting to modify or reformulate a 
disclosure request may discuss the request with a FOIA Public Liaison, 
who is available to assist the requester in reasonably describing the 
records sought. If the requester fails to reasonably describe the 
records sought, PBGC's response to the request may be delayed or 
denied.
    (3) Any amended disclosure request must meet the requirements for a 
request under paragraph (a) of this section.
* * * * *

0
13. Revise Sec.  4901.13 to read as follows:


Sec.  4901.13   Receipt by agency of request.

    The Disclosure Officer will note the date and time of receipt on 
each disclosure request for access to records. A disclosure request is 
deemed received and the period within which PBGC acts on the request, 
as set forth in Sec.  4901.14, begins on the next working day following 
receipt, except that a disclosure request is deemed received only if 
and when PBGC receives all of the following:
    (a) A sufficient description under Sec.  4901.12;
    (b) Payment or assurance of payment if required under Sec.  
4901.33(b); and
    (c) The requester's consent to pay substantial search, review, and/
or duplication charges under subpart D of this part if PBGC determines 
that such charges may be substantial and so notifies the requester. 
Consent must be in the form of a statement that charges under subpart D 
of this part will be acceptable either in any amount or up to a 
specified amount. To avoid possible delay, a requester may include such 
a statement in an initial disclosure request.

0
14. Revise Sec.  4901.14 to read as follows:


Sec.  4901.14   Action on request.

    (a) Time for action. Promptly and in any event within 20 working 
days after

[[Page 43996]]

receipt of a disclosure request (subject to extension under Sec.  
4901.16), the Disclosure Officer will take action with respect to each 
requested item (or portion of an item) under either paragraph (b), (c), 
or (d) of this section. Following receipt, PBGC may ask the requester 
for information once and toll the 20-day period until PBGC receives 
such information.
    (b) Request granted. If the Disclosure Officer determines that the 
disclosure request will be granted, PBGC will so advise the requester 
and will promptly make the records available to the requester. PBGC 
will accommodate any specification of the preferred form or format for 
the sought record as stated in the request, if the record is readily 
reproducible in the preferred form or format.
    (c) Request denied. If the Disclosure Officer determines that the 
disclosure request will be denied, PBGC will so advise the requester in 
writing with a brief statement of the reasons for the denial, 
including, if applicable, a reference to the specific exemption(s) 
authorizing the denial and an explanation of how each such exemption 
applies to the matter withheld.
    (d) Records not located. If the Disclosure Officer determines that, 
despite a reasonably calculated search to uncover all relevant 
documents, the requested records could not be located, PBGC will issue 
a ``no-records'' response, and so advise the requester in writing.
    (e) Information for requester. Written responses issued under 
paragraph (c) or (d) of this section will include the name and title of 
the person(s) responsible for the denial, outline the appeal procedure 
available, and notify the requester of the right to seek dispute 
resolution services from a PBGC FOIA Public Liaison or the Office of 
Government Information Services.

0
15. Amend Sec.  4901.15 by:
0
a. Revising paragraphs (a) through (c); and
0
b. Removing ``shall'' and ``the PBGC's public reference'' and adding in 
their places ``will'' and ``PBGC's electronic reading'', respectively, 
in paragraph (d).
    The revisions read as follows:


Sec.  4901.15   Appeals from denial of requests.

    (a) Submittal of appeals. A requester may appeal any adverse 
determination by the Disclosure Officer of a request under FOIA, 
including a denial of a request for access to records, expedited 
action, or fee waiver. The requester may file a written appeal within 
90 days from the date of the denial or, in the case of a partial 
denial, 90 days from the date the requester receives the disclosed 
material. The appeal must include the grounds for appeal and any 
supporting statements or arguments. The requester must address the 
appeal to the General Counsel, Pension Benefit Guaranty Corporation, 
and must submit the appeal by mail, in-person delivery, or electronic 
telecommunication in accordance with the FOIA instructions on PBGC's 
website, www.pbgc.gov. To facilitate processing, the words ``FOIA 
appeal'' should appear prominently on the appeal.
    (b) Receipt and consideration of appeal. The General Counsel will 
note the date and time of receipt on each appeal and notify the 
requester thereof. Within 20 working days after receipt of an appeal 
(subject to extension under Sec.  4901.16), the General Counsel will 
issue a decision on the appeal.
    (1) The General Counsel will determine de novo whether the denial 
of disclosure was in accordance with FOIA and this part.
    (2) Unless otherwise ordered by the court, the General Counsel may 
act on an appeal notwithstanding the pendency of an action for judicial 
relief in the same matter and, if no appeal has been filed, may treat 
the pending action as the filing of an appeal.
    (c) Decision on appeal. As to each item (or portion of an item) 
whose nondisclosure is appealed, the General Counsel will either--
    (1) Grant the appeal and so advise the requester in writing, in 
which case the records with respect to which the appeal is granted will 
promptly be made available to the requester; or
    (2) Deny the appeal and so advise the requester in writing with a 
brief statement of the reasons for the denial, including a reference to 
the specific exemption(s) authorizing the denial, an explanation of how 
each such exemption applies to the matter withheld, and notice of the 
provisions for judicial review in section 552(a)(4) of FOIA. The 
General Counsel's decision will be the final action of PBGC with 
respect to the request.
* * * * *

0
16. Revise Sec.  4901.16 to read as follows:


Sec.  4901.16   Extensions of time.

    In unusual circumstances (as described in section 552(a)(6)(B) of 
FOIA), the time to respond to a disclosure request under Sec.  
4901.14(a) or an appeal under Sec.  4901.15(b) may be extended as 
reasonably necessary to process the request or appeal. The Disclosure 
Officer will notify the requester in writing within the original time 
period of the unusual circumstances and the date when a response is 
expected to be sent. When the extension for a disclosure request 
exceeds 10 working days, the notice will provide the requester with an 
opportunity to modify the disclosure request or arrange an alternative 
time period for processing the original or modified request. This 
notice will also alert the requester of the availability of a PBGC FOIA 
Public Liaison for assistance and the Office of Government Information 
Services for dispute resolution services. The maximum extension for 
responding to an appeal is 10 working days minus the amount of any 
extension on the request to which the appeal relates.

0
17. Revise Sec.  4901.17 to read as follows:


Sec.  4901.17   Expedited action on requests and appeals.

    (a) In general. Upon a request submitted in accordance with 
paragraph (b) of this section, PBGC will expedite a disclosure request 
under Sec.  4901.11 or an appeal under Sec.  4901.15 if PBGC determines 
that the requester has demonstrated one of the following:
    (1) The disclosure request or appeal involves circumstances in 
which the lack of expedited action could reasonably be expected to pose 
an imminent threat to the life or physical safety of an individual or 
the loss of an individual's substantial due process rights.
    (2) The requester is primarily engaged in disseminating information 
and the disclosure request or appeal is urgently needed to inform the 
public about an actual or alleged Federal Government activity.
    (b) Timing and method of request. A request for PBGC to expedite a 
disclosure request or an appeal may be made at any time and must be 
made by mail, in-person delivery, or electronic telecommunication in 
accordance with the FOIA instructions on PBGC's website, www.pbgc.gov.
    (c) Action on request. (1) PBGC will notify the requester within 10 
calendar days of receipt of a request for expedited action whether PBGC 
will expedite a disclosure request or an appeal.
    (2) Request granted. If PBGC determines that the request for 
expedited action will be granted, PBGC will take action on the 
disclosure request or the appeal as soon as practicable.
    (3) Request denied. If PBGC determines that the request for 
expedited action will be denied, PBGC will so advise the requester in 
writing with a brief statement of the reasons for

[[Page 43997]]

the denial. The writing will also include the name and title or 
position of the person(s) responsible for the denial, outline the 
appeal procedure available, and notify the requester of the right to 
seek dispute resolution services from a PBGC FOIA Public Liaison or the 
Office of Government Information Services. PBGC will act on any appeal 
of that decision expeditiously.

0
18. Add Sec.  4901.18 to read as follows:


Sec.  4901.18   Exhaustion of administrative remedies.

    If the Disclosure Officer fails to make a determination to grant or 
deny access to requested records, or the General Counsel does not make 
a decision on appeal from a denial of access to PBGC records, within 
the time prescribed (including any extension) for making such 
determination or decision, the requester's administrative remedies will 
be deemed exhausted and the requester may apply for judicial relief 
under FOIA. However, since a court may allow PBGC additional time to 
act as provided in FOIA, processing of the disclosure request or appeal 
will continue and PBGC will so advise the requester.

0
19. Revise Sec.  4901.21 to read as follows:


Sec.  4901.21   Restrictions in general.

    (a) Records not disclosable. PBGC will not disclose records to the 
extent prohibited by section 552(b)(1) or (3) of FOIA, sections 4010 
and 4043 of ERISA, or other statutes.
    (b) Records disclosure of which may be refused. Unless prohibited 
from disclosure by paragraph (a) of this section, PBGC need not but 
may, as provided in Sec.  4901.5(b), disclose records exempted from 
FOIA, which include as of August 24, 2022 records under:
    (1) Section 552(b)(2) of FOIA, dealing in general with internal 
agency personnel rules and practices;
    (2) Section 552(b)(4) of FOIA, dealing in general with trade 
secrets and commercial and financial information;
    (3) Section 552(b)(5) of FOIA, dealing in general with inter-agency 
and intra-agency memoranda and letters;
    (4) Section 552(b)(6) of FOIA, dealing in general with personnel, 
medical, and similar files;
    (5) Section 552(b)(7) of FOIA, dealing in general with records or 
information compiled for law enforcement purposes;
    (6) Section 552(b)(8) of FOIA, dealing in general with reports on 
financial institutions; or
    (7) Section 552(b)(9) of FOIA, dealing in general with information 
about wells.


Sec.  4901.22   [Amended]

0
20. Amend Sec.  4901.22 by removing ``shall not'' and adding in its 
place ``will not'' in the first sentence and removing ``shall be'' and 
adding in its place ``will be'' in the second sentence.

0
21. Revise Sec.  4901.23 to read as follows:


Sec.  4901.23   Record of concern to agency other than PBGC.

    When reviewing a record in response to a disclosure request, PBGC 
will determine whether another agency is better able to determine 
whether the record is exempt from disclosure under FOIA. As to any such 
record, PBGC will proceed in one of the following ways:
    (a) Consultation with another agency. When the record contains 
information of interest to another agency, PBGC will make a release 
determination only if its interest in the record is the primary 
interest and only after PBGC consults with that agency.
    (b) Referral to another agency. (1) When an agency other than PBGC 
has primary interest in the record, then PBGC will refer the 
responsibility for responding to the disclosure request regarding that 
record to that agency.
    (2) Whenever PBGC refers any part of the responsibility for 
responding to a disclosure request to another agency, PBGC will 
document the referral, maintain a copy of the record that it refers, 
and notify the requester of the referral, informing the requester of 
the name(s) of the agency to which the record was referred, including 
that agency's FOIA office.

0
22. Amend Sec.  4901.24 by:
0
a. Revising the section heading and paragraph (a);
0
b. Removing ``submitter shall'' and ``paragraph shall'' and adding in 
their places ``submitter must'' and ``paragraph (b) will'', 
respectively, and removing ``therefor'' in paragraph (b);
0
c. Removing ``disclosure officer'', ``Counsel shall'', ``this 
paragraph'', and ``requester shall'' and adding in their places 
``Disclosure Officer'', ``Counsel will'', ``this paragraph (c)'', and 
``requester will'', respectively, in paragraph (c);
0
d. Removing ``disclosure should'', ``subsection (b)'', ``paragraph 
(b)(4) of FOIA'', ``asserted should'', and ``paragraph shall'' and 
adding in their places ``disclosure must'', ``section 552(b)'', 
``section 552(b)(4)'', ``asserted must'', and ``paragraph (d) will'', 
respectively, in paragraph (d);
0
e. Revising paragraph (e); and
0
f. Removing ``disclosure officer'' and ``Counsel shall'' and adding in 
their places ``Disclosure Officer'' and ``Counsel will'', respectively, 
in paragraph (f).
    The revisions read as follows:


Sec.  4901.24   Special rules for trade secrets and confidential 
commercial or financial information submitted to PBGC.

    (a) Application. To the extent permitted by law, this section 
applies to a request for disclosure of a record that contains 
information that has been designated by the submitter in good faith in 
accordance with paragraph (b) of this section or a record that PBGC has 
reason to believe contains such information, unless one of the 
following applies:
    (1) Access to the information is denied.
    (2) The information has been published or officially made available 
to the public.
    (3) Disclosure of the information is required by law other than 
FOIA.
    (4) The designation under paragraph (b) of this section appears 
obviously frivolous, except that in such a case PBGC will notify the 
submitter in writing of a determination to disclose the information 
within a reasonable time before the disclosure date (which shall be 
specified in the notice).
* * * * *
    (e) Notification to submitter of decision to disclose. If the 
Disclosure Officer or (where disclosure is in response to an appeal) 
the General Counsel decides to disclose information subject to this 
section despite the submitter's objections, the Disclosure Officer (or 
General Counsel) will give the submitter written notice, explaining 
briefly why the information is to be disclosed despite those 
objections, describing the information to be disclosed, and specifying 
the date when the information will be disclosed to the requester. The 
notification will, to the extent permitted by law, be provided a 
reasonable number of days before the disclosure date so specified, and 
a copy will be provided to the requester.
* * * * *

0
23. Amend Sec.  4901.31 by:
0
a. Revising paragraphs (a) and (b);
0
b. Removing ``the PBGC'' and adding in its place ``PBGC'' in paragraph 
(c); and
0
c. Revising paragraphs (d) and (e).
    The revisions read as follows:


Sec.  4901.31   Charges for services.

    (a) In general. Pursuant to the provisions of section 552 of FOIA, 
as amended, PBGC will assess charges to cover the direct costs of 
searching for, reviewing, and/or duplicating records requested under 
FOIA, except where the charges are limited or waived under

[[Page 43998]]

paragraph (b) or (d) of this section, according to the fee schedule in 
Sec.  4901.32. No charge will be assessed if the costs of routine 
collection and processing of the fee would be equal to or greater than 
the fee itself. Except as provided in paragraph (e) of this section, no 
charge for searching (or in the case of a requester described under 
section 552(a)(4)(A)(ii)(II) of FOIA, for duplication) will be assessed 
if PBGC has failed to comply with any time limit under section 
552(a)(6) of FOIA.
    (1) Direct costs means those expenditures which PBGC actually 
incurs in searching for and duplicating (and in the case of commercial 
requesters, reviewing) documents to respond to a disclosure request 
under FOIA and this part. Not included in direct costs are overhead 
expenses such as costs of space, and heating or lighting the facility 
in which the records are stored.
    (2) Search means all time spent looking for material that is 
responsive to a disclosure request under FOIA and this part, including 
page-by-page or line-by-line identification of materials within a 
document, if required. Searches may be done manually or by computer 
using existing programming. Search is distinguishable from ``review'' 
which is defined in paragraph (a)(3) of this section.
    (3) Review means the process of examining documents located in 
response to a disclosure request under FOIA and this part to determine 
whether any portion of any document located is permitted or required to 
be withheld. It also includes processing any documents for disclosure, 
e.g., doing all that is necessary to redact them and otherwise prepare 
them for release. Review does not include time spent resolving general 
legal or policy issues regarding the application of exemptions.
    (4) Duplication means the process of making a copy of a document 
necessary to respond to a disclosure request under FOIA and this part, 
in a form that is reasonably usable by the requester. Copies can take 
the form of paper copy, audio-visual materials, or electronic records, 
among others.
    (b) Categories of requesters. For purposes of assessing fees, 
requesters who seek access to records under FOIA and this part are 
divided into three categories: commercial use requesters, non-
commercial scientific or educational institutions or news media 
requesters, and all other requesters. PBGC will determine the category 
of a requester and charge fees according to the following rules.
    (1) Commercial use requesters. (i) When records are requested for 
commercial use, PBGC will assess charges, as provided in this subpart, 
for the full direct costs of searching for, reviewing for release, and 
duplicating the records sought. Fees for search and review may be 
charged even if the record searched for is not found or if, after it is 
found, it is determined that the request to inspect it may be denied 
under section 552(b) of FOIA and this part.
    (ii) A ``commercial use'' request is a request that asks for 
information for a use or a purpose that furthers a commercial, trade, 
or profit interest, which can include furthering those interests 
through litigation. PBGC's decision to place a requester in the 
commercial use category will be made on a case-by-case basis dependent 
upon on the requester's intended use of the information. PBGC will 
notify requesters of their placement in this category.
    (2) Non-commercial scientific or educational institutions, or news 
media requesters. (i) When records are requested by a non-commercial 
scientific or educational institution or a news media requester, PBGC 
will assess charges, as provided in this subpart, for the full direct 
cost of duplication only, excluding charges for the first 100 pages.
    (ii) A non-commercial scientific institution is an institution that 
is not operated for a ``commercial use'' as that term is defined in 
paragraph (b)(1)(ii) of this section, and which is operated solely for 
the purpose of conducting scientific research the results of which are 
not intended to promote any particular product or industry.
    (iii) An educational institution is any school that operates a 
program of scholarly research. A requester in this fee category must 
show that the request is made in connection with his or her role at the 
educational institution. PBGC may seek verification from the requester 
that the request is in furtherance of scholarly research and PBGC will 
advise requesters of their placement in this category.
    (iv)(A) A representative of the news media is any person or entity 
that gathers information of potential interest to a segment of the 
public, uses editorial skills to turn the raw materials into a distinct 
work, and distributes that work to an audience. The term news means 
information that is about current events or that would be of current 
interest to the public. Examples of news media entities include 
television or radio stations broadcasting to the public at large, and 
publishers of periodicals that disseminate ``news'' and make their 
products available through a variety of means to the general public, 
including news organizations that disseminate solely on the internet. 
These examples are not intended to be all-inclusive. A ``freelance'' 
journalist who demonstrates a solid basis for expecting publication 
through a news media entity will be considered as a representative of 
the news media.
    (B) To be eligible for inclusion in this category, the request must 
not be made for a commercial use. A request for records supporting the 
news dissemination function of the requester who is a representative of 
the news media will not be considered to be a request that is for a 
commercial use.
    (3) All other requesters. When records are requested by requesters 
who do not fit into any of the categories in paragraph (b)(1) or (2) of 
this section, PBGC will assess charges, as provided in this subpart, 
for the full direct cost of searching for and duplicating the records 
sought, with the exceptions that there will be no charge for the first 
100 pages of duplication and the first 2 hours of search time. 
Notwithstanding the preceding sentence, there will be no charge for 
search time in the event of requests under the Privacy Act of 1974 from 
subjects of records filed in PBGC's systems of records for the 
disclosure of records about themselves. Search fees, where applicable, 
may be charged even if the record sought is not found.
* * * * *
    (d) Waiver or reduction of charges. Circumstances under which any 
fee listed in Sec.  4901.32 may be waived or reduced are set forth in 
Sec.  4901.34.
    (e) Unusual or exceptional circumstances. Notwithstanding paragraph 
(a) of this section, if PBGC fails to comply with a time limit under 
section 552(a)(6) of FOIA, PBGC may nevertheless assess a charge for 
search and review services (or in the case of a requester described 
under section 552(a)(4)(A)(ii)(II), for duplication) if one of the 
following circumstances applies:
    (1) PBGC has determined that unusual circumstances (as defined in 
section 552(a)(6)(B) of FOIA) apply, PBGC needs more than 10 additional 
days to process the disclosure request, and more than 5,000 pages are 
necessary to respond to the request, provided that:
    (i) PBGC has provided timely written notice of this determination 
to the requester; and
    (ii) PBGC has discussed with the requester, or made three or more 
good-faith attempts to do so, via written mail, electronic mail, or 
telephone how the

[[Page 43999]]

requester could effectively limit the scope of the request.
    (2) PBGC has determined that unusual circumstances (as defined in 
section 552(a)(6)(B) of FOIA) apply, PBGC has provided timely written 
notice to the requester of the unusual circumstances extending the time 
limit by 10 additional days, and PBGC processes the disclosure request 
within that time.
    (3) A court has determined that exceptional circumstances exist (as 
defined in section 552(a)(6)(C) of FOIA) and has issued an order 
excusing PBGC's failure to comply with the time limit.

0
24. Amend Sec.  4901.32 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  4901.32   Fee schedule.

    (a) Charges for searching and review of records. Charges applicable 
under this subpart to the search for and review of records will be made 
according to the following fee schedule:
    (1) Search time and review time. For ordinary search services and 
review services, PBGC charges $54.00 per hour. PBGC charges fees in 
quarter hour increments.
    (2) Retrieving records stored by NARA. For disclosure requests that 
require the retrieval of records stored at a Federal records center 
operated by the National Archives and Records Administration (NARA), 
PBGC charges additional costs in accordance with the Transactional 
Billing Rate Schedule established by NARA.
    (b) Charges for duplication of records. Charges applicable under 
this subpart for obtaining requested copies of records made available 
for inspection will be made according to the following fee schedule and 
subject to the following conditions.
    (1) Standard copying fee. $0.15 for each page of record copies 
furnished.
    (2) Voluminous material. If the volume of page copy desired by the 
requester is such that the reproduction charge at the standard page 
rate would be in excess of $50, the person desiring reproduction may 
request a special rate quotation from PBGC.
    (3) Indexes. Pursuant to section 552(a)(2) of FOIA copies of 
indexes or supplements thereto which are maintained as therein provided 
but which have not been published will be provided on request at a cost 
not to exceed the direct cost of duplication.
* * * * *

0
25. Amend Sec.  4901.33 by:
0
a. Revising paragraphs (a), (b) introductory text, and (b)(1);
0
b. Removing ``the PBGC'' and adding in its place ``PBGC'' in paragraph 
(b)(2); and
0
c. Removing ``The PBGC'' and adding in its place ``PBGC'' in paragraph 
(c).
    The revisions read as follows:


Sec.  4901.33   Payment of fees.

    (a) Medium of payment. Payment of the applicable fees as provided 
in this section must be made by check, money order, or other PBGC 
permitted method, and in accordance with the FOIA instructions on 
PBGC's website, www.pbgc.gov.
    (b) Advance payment or assurance of payment. Payment or assurance 
of payment before work is begun or continued on a disclosure request 
may be required as follows:
    (1) Where PBGC estimates or determines that charges allowable under 
the rules in this subpart, are likely to exceed $250, PBGC may require 
advance payment of the entire fee or assurance of payment, as follows:
    (i) Where the requester has a history of prompt payment of fees 
under this part, PBGC will notify the requester of the likely cost and 
obtain satisfactory assurance of full payment; or
    (ii) Where the requester has no history of payment for requests 
made pursuant to FOIA and this part, PBGC may require the requester to 
make an advance payment of an amount up to the full estimated charges.
* * * * *

0
26. Amend Sec.  4901.34 by:
0
a. Removing ``disclosure officer'', ``government'', ``waiver request 
shall'', and ``request for waiver'' and adding in their places 
``Disclosure Officer'', ``Government'', ``waiver or reduction request 
must'', and ``request'', respectively, in paragraph (a); and
0
b. Revising paragraph (b).
    The revision reads as follows:


Sec.  4901.34   Waiver or reduction of charges.

* * * * *
    (b) If the Disclosure Officer determines that the request for fee 
waiver or reduction will be denied, the requester will be so advised in 
writing with a brief statement of the reasons for the denial. The 
writing will include the name and title or position of the person(s) 
responsible for the denial, outline the appeal procedure available, and 
notify the requester of the right to seek dispute resolution services 
from a PBGC FOIA Public Liaison or the Office of Government Information 
Services.

    Issued in Washington, DC.
Gordon Hartogensis,
Director, Pension Benefit Guaranty Corporation.
[FR Doc. 2022-15797 Filed 7-22-22; 8:45 am]
BILLING CODE 7709-02-P