Unknown. Direct final rule

7,078 words·~32 min read·/register/2017/01/23/2017-00891

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2017-01-23.xml --- 82 13 Monday, January 23, 2017 Contents Administrative Administrative Conference of the United States RULES Revisions to Freedom of Information Act Regulations, 7631-7635 2017-00891 African African Development Foundation NOTICES Meetings Public Quarterly; Board of Directors, 7783 2017-01312 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Export Apple Act and Export Grapes and Plums Reporting Requirements, 7733 2017-01417 NOTICES Grade Standards:

United States Standards for Grades of Catfish and Catfish Products, 7783-7784 2017-01413 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Inspector General Office, Agriculture Department Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Implementation of Statutory Amendments Requiring the Modification of the Definition of Hard Cider, 7653-7666 2017-00333 PROPOSED RULES Implementation of Statutory Amendments Requiring the Modification of the Definition of Hard Cider, 7753-7755 2017-00334 Animal Animal and Plant Health Inspection Service NOTICES Addition of Lebanon to the List of Regions Affected by Highly Pathogenic Avian Influenza, 7787 2017-01392 Addition of the Republic of Korea to the List of Regions Affected by Contagious Equine Metritis, 7785-7786 2017-01394 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Highly Pathogenic Avian Influenza, All Subtypes, and Newcastle Disease; Additional Restrictions, 7789-7790 2017-01393 Importation of Horses, Ruminants, Swine, and Dogs; Inspection and Treatment for Screwworm, 7791-7792 2017-01391 Importation of Unshu Oranges, 7785 2017-01389 National Veterinary Accreditation Program Application Form, 7787-7788 2017-01387 National Veterinary Services Laboratories; Bovine Spongiform Encephalopathy Surveillance Program, 7788-7789 2017-01386 Plum Pox Compensation, 7784-7785 2017-01388 Concurrence with World Organization for Animal Health Risk Designations for Bovine Spongiform Encephalopathy, 7786-7787 2017-01390 Evaluation of the Classical Swine Fever, Foot-and-Mouth Disease, Swine Vesicular Disease, and Rinderpest Status of Cyprus, 7790-7791 2017-01396 Army Army Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 7805 2017-01376 Centers Disease Centers for Disease Control and Prevention NOTICES Charter Renewals: Board of Scientific Counselors, National Center for Health Statistics, 7833 2017-01402 Meetings: Safety and Occupational Health Study Section, 7832-7833 2017-01403 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7833-7834 2017-01378 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 7836-7837 2017-01276 Proposed Adoption of Administration for Native Americans Program Policies and Procedures, 7834-7836 2017-01418 Coast Guard Coast Guard PROPOSED RULES Marine Casualty Reporting Property Damage Thresholds, 7755-7766 2017-01323 NOTICES Vacancies: Towing Safety Advisory Committee, 7845-7846 2017-01324 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Self-Certification to the EU-U.S. Privacy Shield Framework, 7796-7797 2017-01334 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 7802-7803 2017-01399 2017-01400 Commodity Futures Commodity Futures Trading Commission RULES Adjustment of Civil Monetary Penalties for Inflation, 7643-7645 2017-00488 PROPOSED RULES Technical Amendments to Rules on Registration and Review of Exchange Disciplinary, Access Denial or Other Adverse Actions, 7738-7751 2017-01232 Comptroller Comptroller of the Currency RULES Economic Growth and Regulatory Paperwork Reduction Act Amendments, 8082-8111 2016-30502 Consumer Product Consumer Product Safety Commission NOTICES Meetings:

Sunshine Act, 7803 2017-01497 Copyright Office Copyright Office, Library of Congress NOTICES Study on the Moral Rights of Attribution and Integrity, 7870-7875 2017-01294 Copyright Royalty Board Copyright Royalty Board NOTICES Distribution of 2010-13 Cable Royalty Funds, 7876-7878 2017-01358 Distribution of 2010-13 Satellite Royalty Funds, 7879-7880 2017-01357 Intent to Audit, 7875-7876, 7878-7879 2017-01318 2017-01319 2017-01320 2017-01321 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 7804-7805 2017-01291 2017-01292 Defense Department Defense Department See Army Department PROPOSED RULES Federal Acquisition Regulation: Effective Communication between Government and Industry, 7770-7771 2017-01405 NOTICES Meetings: Defense Health Board, 7805-7806 2017-01395 Department of Defense Military Family Readiness Council, 7806-7807 2017-01361 Department of Defense Military Family Readiness Council; Cancellation, 7806 2017-01360 Delaware Delaware River Basin Commission RULES Regulatory Program Fees;

Correction, 7647-7648 2017-00413 Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances; Applications: Mylan Technologies, Inc., 7859 2017-01305 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Loan Discharge Application: Forgery, 7812-7813 2017-01329 Study of Weighted Student Funding Systems, 7813 2017-01328 Privacy Act; Systems of Records, 7807-7812 2017-01434 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings:

Methane Hydrate Advisory Committee, 7814 2017-01330 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Meetings: External Peer Review, 7814-7816 2017-01437 2017-01438 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Delaware; Extension of Deadline for Action on the November 28, 2016 Section 126 Petition, 7695-7697 2017-00760 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 2017 Hazardous Waste Report, Notification of Regulated Waste Activity, and Part A Hazardous Waste Permit Application and Modification, 7819 2017-01281 National Emissions Standards for Hazardous Air Polluntants for Beryllium, 7821 2017-01273 National Emissions Standards for Hazardous Air Pollutants for Lime Manufacturing, 7824 2017-01280 National Estuary Program, 7824-7825 2017-01422 New Source Performance Standards for Phosphate Rock Plants, 7823-7824 2017-01275 New Source Performance Standards for Rubber Tire Manufacturing, 7818-7819 2017-01279 New Source Performance Standards for Sewage Sludge Treatment Plants, 7822-7823 2017-01274 Environmental Impact Statements;

Availability, etc., 7822 2017-01426 Industrial Flares; Minor Revisions, 7821-7822 2017-01263 Proposed Consent Decree, Clean Air Act Citizen Suit, 7820-7821 2017-01419 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: General Electric Co. Turbofan Engines, 7734-7735 2017-01227 Class D and Class E Airspace; Amendments Hailey, ID, 7735-7737 2017-01268 Class E Airspace; Establishments: Manti, UT, 7737-7738 2017-01039 NOTICES Meetings: Sixty Ninth Plenary for Radio Technical Commission for Aeronautics SC-135 Environmental Testing, 7916-7917 2017-01282 Twenty First RTCA SC-223 Internet Protocol Suite

(IPS)and AeroMACS Plenary, 7917 2017-01406 Federal Communications Federal Communications Commission RULES Transition from TTY to Real-Time Text Technology, 7699-7708 2017-01377 PROPOSED RULES Transition from Text Telephony to Real-Time Text Technology, 7766-7770 2017-01382 NOTICES Fifth Generation Wireless Network and Device Security, 7825-7830 2017-01325 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings: Sunshine Act, 7830-7831 2017-01523 Federal Election Federal Election Commission NOTICES Meetings: Sunshine Act, 7831 2017-01576 Federal Emergency Federal Emergency Management Agency RULES Suspensions of Community Eligibility, 7697-7699 2017-01102 NOTICES Flood Hazard Determinations, 7846-7847, 7850-7852 2017-01372 2017-01374 Flood Hazard Determinations; Proposals, 7847-7850 2017-01373 2017-01375 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 7817-7818 2017-01351 Combined Notice Of Filings #1, 7817 2017-01350 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Cimarron Bend Wind Project II, LLC, 7816 2017-01354 Luz Solar Partners Ltd., IV, 7816 2017-01353 Requests for Blanket Authorizations: Columbia Gas Transmission, LLC, 7816-7817 2017-01352 Federal Reserve Federal Reserve System RULES Extensions of Credit by Federal Reserve Banks, 7635-7636 2017-00612 Reserve Requirements of Depository Institutions, 7636-7637 2017-00613 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings: Sunshine Act, 7831 2017-01505 Fish Fish and Wildlife Service RULES Eagle Permits: Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nests, 7708-7711 2017-01284 NOTICES Records of Decision: Eagle Take Permits for the Chokecherry and Sierra Madre Phase I Wind Energy Project, 7852-7854 2017-01346 Food and Drug Food and Drug Administration RULES Listing of Color Additives Exempt from Certification: Titanium Dioxide and Listing of Color Additives Subject to Certification; [Phthalocyaninato (2-)] Copper; Confirmation of Effective Date, 7648-7649 2017-00534 PROPOSED RULES Guidance: Compliance With and Recommendations for Implementation of the Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption for Sprout Operations, 7751-7753 2017-01128 Tobacco Product Standard for N-nitrosonornicotine Level in Finished Smokeless Tobacco Products, 8004-8053 2017-01030 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Premarket Approval of Medical Devices, 7839-7841 2017-01188 Drug Products Withdrawn or Removed from the Market for Reasons of Safety or Effectiveness, 7837-7839 2017-01249 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Trout Creek Project, Willamette National Forest, Sweet Home Ranger District; OR, 7793-7794 2017-01343 Meetings: Alabama Resource Advisory Committee, 7792-7793 2017-01347 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulation: Effective Communication between Government and Industry, 7770-7771 2017-01405 NOTICES Environmental Impact Statements; Availability, etc.: Proposed Department of Labor Headquarters Consolidation and Exchange of the Frances Perkins Building, 7831-7832 2017-01380 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Expansion of the Moving to Work Demonstration Program, 8056-8080 2017-01310 Indian Affairs Indian Affairs Bureau RULES Civil Penalties Inflation Adjustments; Annual Adjustments, 7649-7653 2017-01076 Industry Industry and Security Bureau RULES Updated Statements of Legal Authority for the Export Administration Regulations, 7641-7642 2017-00443 NOTICES Meetings: Information Systems Technical Advisory Committee, 7797 2017-01423 Sensors and Instrumentation Technical Advisory Committee, 7797-7798 2017-01425 Inspector General Agriculture Inspector General Office, Agriculture Department NOTICES Privacy Act; Systems of Records, 7795-7796 2017-01412 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Deepwater Horizon Oil Spill; Louisiana Trustee Implementation Group Final Restoration Plan, 7854-7855 2017-00999 Internal Revenue Internal Revenue Service PROPOSED RULES Disclosures of Return Information Reflected on Returns to Officers and Employees of the Department of Commerce for Certain Statistical Purposes and Related Activities; Correction, 7753 2017-00946 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Corrosion-Resistant Steel Products from the Republic of Korea, 7798 2017-01272 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Radiotherapy Systems and Treatment Planning Software, and Components, 7856-7857 2017-01315 Generalized System of Preferences—Possible Modifications, 2016 Review, 7857-7859 2017-01401 Justice Department Justice Department See Drug Enforcement Administration NOTICES Consent Decrees: Proposed Consent Decrees under the Clean Water Act, 7861-7862 2017-01255 Proposed Consent Decrees under the Resource Conservation and Recovery Act, 7859-7860 2017-01348 Judicial Redress Act of 2015; Attorney General Designations, 7860-7861 2017-01381 Proposed Consent Decree under the Safe Drinking Water Act, 7862 2017-01427 Proposed Consent Decrees under CERCLA, 7862 2017-01416 Labor Department Labor Department See Mine Safety and Health Administration See Occupational Safety and Health Administration RULES Revision of FOIA Regulations, 7666-7680 2017-00453 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Energy Employees Occupational Illness Compensation Program Act Forms, 7863-7864 2017-01404 Land Land Management Bureau NOTICES Meetings: California Desert District Advisory Council, 7855 2017-01340 Library Library of Congress See Copyright Office, Library of Congress See Copyright Royalty Board Mine Mine Safety and Health Administration RULES Examinations of Working Places in Metal and Nonmetal Mines, 7680-7695 2017-00832 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation: Effective Communication between Government and Industry, 7770-7771 2017-01405 National Credit National Credit Union Administration RULES Civil Monetary Penalty Inflation Adjustment, 7637-7641 2017-00473 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 7842-7844 2017-01250 National Institute of Allergy and Infectious Diseases, 7844-7845 2017-01251 National Institute of Biomedical Imaging and Bioengineering, 7841-7842 2017-01252 National Institute on Drug Abuse, 7841, 7844 2017-01253 2017-01254 National Oceanic National Oceanic and Atmospheric Administration RULES Endangered and Threatened Species: Removal of the Puget Sound/Georgia Basin Distinct Population Segment of Canary Rockfish from the Federal List of Threatened and Endangered Species and Removal of Designated Critical Habitat, and Update and Amendment to the Listing Descriptions for the Yelloweye Rockfish DPS and Bocaccio DPS, 7711-7731 2017-00559 Pacific Island Fisheries: 2017 Northwestern Hawaiian Islands Lobster Harvest Guideline, 7731-7732 2017-01410 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7799-7800 2017-01286 Agency Information Collection Activities; Proposals, Submissions, and Approvals: West Coast Fisheries Participation Survey, 7801 2017-01322 Improving the Space Weather Forecasting Research to Operations—Operations to Research Capability, 7799 2017-01331 Meetings: Pacific Fishery Management Council, 7800 2017-01307 Science Advisory Board, 7800-7801 2017-01439 Space Weather Phase 1 Benchmarks, 7801-7802 2017-01333 Taking and Importing of Marine Mammals, 7801 2017-01356 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 7880 2017-01355 Meetings: Sunshine Act, 7880 2017-01553 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications for Direct Transfer of Licenses: Beaver Valley Power Station, Unit 2, 7880-7883 2017-01317 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Charter Renewals: Maritime Advisory Committee for Occupational Safety and Health, 7869-7870 2017-01407 Nationally Recognized Testing Laboratories: Curtis-Strauss LLC, 7868-7869 2017-01411 Intertek Testing Services NA, Inc., 7864-7866 2017-01408 TUV Rheinland of North America, Inc.; Grant of Expansion of Recognition and Modification, 7866-7867 2017-01409 State Plans: Michigan; Marine Construction, 7867-7868 2017-01414 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Pipeline Safety: Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Pipeline Safety Changes, 7972-8002 2016-31461 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 7883-7884 2017-01421 Postal Service Postal Service NOTICES Product Changes: Parcel Select Negotiated Service Agreement, 7884 2017-01308 Priority Mail Negotiated Service Agreement, 7884 2017-01311 Presidential Documents Presidential Documents EXECUTIVE ORDERS Government Agencies and Employees: Executive Branch-Wide Governance Structure and Security Clearances Processes, Modernization Efforts; Amendments to Civil Service Rules, Executive Order 13488 and Executive Order 13467 (EO 13764), 8113-8129 2017-01623 Securities Securities and Exchange Commission RULES Adoption of Updated Electronic Data Gathering, Analysis, and Retrieval System Filer Manual, 7645-7647 2016-32032 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 7904-7906 2017-01298 ISE Gemini, LLC, 7906-7907 2017-01299 Municipal Securities Rulemaking Board, 7898-7904 2017-01300 NASDAQ Stock Market LLC, 7907-7911 2017-01295 NYSE Arca, Inc., 7884-7898 2017-01296 2017-01297 2017-01301 Small Business Small Business Administration NOTICES Meetings: Advisory Committee on Veterans Business Affairs, 7911-7912 2017-00951 Social Social Security Administration RULES Unsuccessful Work Attempts and Expedited Reinstatement Eligibility; Correction, 7648 2017-00076 Substance Substance Abuse and Mental Health Services Administration NOTICES Mandatory Guidelines for Federal Workplace Drug Testing Programs, 7920-7970 2017-00979 Surface Transportation Surface Transportation Board NOTICES Petitions for Declaratory Orders: Illinois State Toll Highway Authority, 7912-7913 2017-01379 Tennessee Tennessee Valley Authority NOTICES Environmental Impact Statements; Availability, etc.: Transmission System Vegetation Management Program, 7913-7915 2017-01448 Trade Representative Trade Representative, Office of United States NOTICES Generalized System of Preferences: 2016/2017 Annual Product Review and Certain Country Practice Cases, 7915-7916 2017-01362 Transportation Department Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Procedures for Transportation Workplace Drug and Alcohol Testing Programs: Addition of Certain Schedule II Drugs to the Drug-Testing Panel and Certain Minor Amendments, 7771-7782 2017-01131 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Comptroller of the Currency See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Certification of Veteran Status and Veteran Relatives, 7918 2017-01397 Status of Dependents Questionnaire, 7917-7918 2017-01398 Separate Parts In This Issue Part II Health and Human Services Department, Substance Abuse and Mental Health Services Administration, 7920-7970 2017-00979 Part III Transportation Department, Pipeline and Hazardous Materials Safety Administration, 7972-8002 2016-31461 Part IV Health and Human Services Department, Food and Drug Administration, 8004-8053 2017-01030 Part V Housing and Urban Development Department, 8056-8080 2017-01310 Part VI Treasury Department, Comptroller of the Currency, 8082-8111 2016-30502 Part VII Presidential Documents, 8113-8129 2017-01623 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 13 Monday, January 23, 2017 Rules and Regulations ADMINISTRATIVE CONFERENCE OF THE UNITED STATES 1 CFR Part 304 Revisions to Freedom of Information Act Regulations AGENCY: Administrative Conference of the United States. ACTION: Direct final rule. SUMMARY: The Administrative Conference of the United States (“ACUS” or “the Conference”) is revising its regulations for disclosure of records under the Freedom of Information Act

(FOIA)to comply with the FOIA Improvement Act of 2016. DATES: This rule is effective on March 14, 2017, without further action, unless significant adverse comment is received by February 22, 2017. If significant adverse comment is received, the Conference will publish a timely withdrawal of the rule together with a modified final rule in the **Federal Register** . ADDRESSES: Submit comments either by email addressed to *smcgibbon@acus.gov* or by mail addressed to FOIA Comments, Administrative Conference of the United States, Suite 706 South, 1120 20th Street NW., Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Shawne C. McGibbon, General Counsel, at 202-480-2088 or *smcgibbon@acus.gov.* SUPPLEMENTARY INFORMATION: The FOIA Improvement Act of 2016, 1 was signed into law by the President on June 30, 2016. The Act consists of several amendments to the FOIA affecting FOIA administration. The Act requires each agency to review and update its FOIA regulations in accordance with the Act's provisions. The Conference is making changes to its regulations accordingly, including: Correcting citations; highlighting the electronic availability of records; implementing the “rule of three” for frequently requested records; notifying requesters of their right to seek assistance from the agency's FOIA Public Liaison and the National Archives and Records Administration's Office of Government Information Services (OGIS); changing the time limit for appeals; implementing the foreseeable harm standard; and describing limitations on assessing search fees if the response time is delayed. The revisions also include some wording changes to the existing regulations for greater clarity. 1 Public Law. 114-185, 130 Stat. 538. Regulatory Procedures a. Administrative Procedure Act

(APA)Pursuant to 5 U.S.C. 553(b), we find that good cause exists for waiving publication of a general notice of proposed rulemaking and provision of a public comment period prior to issuance of the final rule. The amendments to the Conference's FOIA regulations contained herein are technical in nature. They concern matters of agency organization, procedure, and practice. They are being adopted in accordance with the mandated provisions of the FOIA Improvement Act of 2016, do not reflect agency discretion, and provide additional protection to the public. We note further that when the Conference adopted the FOIA regulations now being amended, we received a single set of comments from one person, which suggested various technical amendments, most of which were accepted and incorporated into the final rule. We conclude that a pre-issuance public comment period is unnecessary and not in the public interest. By issuing the current set of amendments as a direct final rule, we are nevertheless offering the public an opportunity to submit comments; but in the absence of any significant adverse comment received within 30 days of publication, the direct final rule will automatically go into effect 50 days after its publication without further notice. If we receive timely significant adverse comment, we will consider modifying this rule, with appropriate public notice. b. Paperwork Reduction Act The Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.,* does not apply because these regulations do not contain any new information collection requirements. c. Regulatory Flexibility Act Because notice and comment procedures are not required for the current amendments to the Conference's FOIA regulations, as explained above, the regulatory flexibility analyses otherwise required by the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 *et seq.,* do not apply to this rulemaking action. Nevertheless, the head of this agency certifies that this rulemaking action will not have a significant economic impact on a substantial number of small entities because it primarily affects individuals requesting records under the FOIA. d. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 25, subchapter II), these regulations will not significantly or uniquely affect small governments and will not result in increased expenditures by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (as adjusted for inflation). e. Executive Order 12866 In issuing these regulations, ACUS has adhered to the regulatory philosophy and the applicable principles of regulation as set forth in Section 1 of Executive Order 12866, Regulatory Planning and Review, 58 FR 51735. These regulations have not been reviewed by the Office of Management and Budget under the Executive Order since they are not a significant regulatory action within the meaning of the Executive Order. List of Subjects in 1 CFR Part 304 Administrative practice and procedure, Freedom of information. For the reasons stated in the preamble, under the authority at 5 U.S.C. 552, 591-96 and Public Law 114-185, 130 Stat. 538, the Administrative Conference of the United States amends 1 CFR part 304 as follows: PART 304—DISCLOSURE OF RECORDS OR INFORMATION 1. The authority citation for part 304 continues to read as follows: Authority: 5 U.S.C. 552, 591-96. Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act 2. Revise § 304.1 to read as follows: § 304.1 General provisions.

(a)This subpart contains the rules that the Administrative Conference of the United States (“ACUS” or “the agency”) follows in processing requests for disclosure of records under the Freedom of Information Act (“FOIA” or “the Act”), 5 U.S.C. 552, as amended, and in meeting its responsibilities under the Act. Note that electronic records are treated as records for the purposes of the FOIA. These rules should be read together with the text of the FOIA itself and the Uniform Freedom of Information Fee Schedule and Guidelines published by the Office of Management and Budget (OMB Guidelines). They also may be read in conjunction with the agency's “Freedom of Information Act Reference Guide,” which provides basic information about use of the Act in relation to the agency's records. Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are processed in accordance with the agency's Privacy Act regulations as well as under this subpart.

(b)The agency will withhold records or information only when it reasonably foresees that disclosure would harm an interest protected by an exemption of the FOIA or when disclosure is prohibited by law. Where full disclosure is not possible, the agency will consider whether partial disclosure is possible and, if so, will take reasonable steps to segregate and release nonexempt information. These policies do not create any right enforceable in court.

(c)The agency has designated its General Counsel as its Chief FOIA Officer, who has agency-wide responsibility for efficient and appropriate compliance with the FOIA and these implementing regulations. The Chief FOIA Officer has designated the agency's FOIA Public Liaison, who can assist individuals in locating and obtaining particular agency records. Contact information for the Chief FOIA Officer and the FOIA Public Liaison are clearly indicated on the agency's Web site at *https://www.acus.gov/foia.* 3. Revise § 304.2 to read as follows: § 304.2 Proactive disclosures.

(a)Records that the FOIA requires ACUS to make regularly available for public inspection in an electronic format, including any records that have been requested three or more times, or were previously released and are likely to become the subject of subsequent requests or appear to be of general interest, may be accessed through the agency's Web site at *https://www.acus.gov.* A subject matter index of such records (or comparable tool) may also be accessed through the agency's Web site and will be updated on an ongoing basis.

(b)Information routinely provided to the public as part of a regular agency activity, including information posted on the agency's Web site (for example, press releases or recommendations adopted by the Conference pursuant to the Administrative Conference Act, 5 U.S.C. 591 *et seq.* ), may be provided to the public without following this subpart.

(c)Any requester needing assistance in locating proactively disclosed or other agency records may contact the agency's FOIA Public Liaison at

(202)480-2080. 4. Revise § 304.3 to read as follows: § 304.3 Requirements for making requests.

(a)*How made and addressed.* You may make a request for records by using the FOIA Request form on the ACUS Web site at *https://www.acus.gov/foia.* You may also send a written request letter to the agency either by mail addressed to FOIA Public Liaison, Administrative Conference of the United States, 1120 20th Street NW., Suite 706 South, Washington, DC 20036, or by fax delivery to

(202)386-7190. For the quickest possible handling of a mail request, you should mark both your request letter and the envelope “Freedom of Information Act Request.” (You may find the agency's “Freedom of Information Act Reference Guide”—which is available in electronic format on its Web site and in paper form—helpful in making your request.) If you are making a request for records about yourself, see § 304.21(d) for additional requirements. If you are making a request for records about another individual, then either a written authorization signed by that individual permitting disclosure of those records to you or proof that that individual is deceased (for example, a copy of a death certificate or an obituary notice) will help the processing of your request. Your request will be considered received as of the date upon which it is logged in as received by the agency's FOIA Public Liaison.

(b)*Description of records sought.*

(1)You must describe the records that you seek in enough detail to enable agency personnel to locate them with a reasonable amount of effort. Whenever possible, your request should include specific information about each record sought, such as the date, title or name, author, recipient, and subject matter of the record. If known, you should include any file designations or similar descriptions for the records that you want. As a general rule, the more specific you are about the records or type of records that you want, the more likely that the agency will be able to locate those records in response to your request. Before submitting your request, you may contact the agency's FOIA Public Liaison at

(202)480-2080 for assistance in describing the records.

(2)If the agency determines that your request does not reasonably describe records, then it will tell you either what additional information is needed or why your request is otherwise insufficient. It also will give you an opportunity to discuss your request by telephone so that you may modify it to meet the requirements of this section. Additionally, if your request does not reasonably describe the records you seek, the agency's response to it may be delayed as an initial matter.

(c)*Format of records sought.* Requests may specify the preferred form or format (including electronic formats) for the records you seek. The agency will accommodate your request if the record is readily reproducible in that form or format.

(d)*Agreement to pay fees.* When you make a FOIA request, it will be considered to be an agreement by you to pay all applicable fees charged under § 304.9, up to $50.00, unless you specifically request a waiver of fees. The agency ordinarily will confirm this agreement in an acknowledgment letter. When making a request, you may specify a willingness to pay a greater or lesser amount. Your agreement will not prejudice your ability to seek a waiver or reduction of any applicable fee at a later time. 5. Amend § 304.5 by revising paragraphs

(b)and (c)(1) to read as follows: § 304.5 Timing of responses to requests.

(b)*Multi-track processing.* The agency generally uses two processing tracks that distinguish between simple and complex requests. In determining the appropriate track for a request, the agency considers, among other factors, the number of records requested, the number of pages involved in processing the request and the need for consultations or referrals. When a request is placed on the complex track, the agency will provide the requester with an opportunity to narrow or modify the request so that it can be placed on the simple track. The agency will contact the requester by telephone, email or letter, whichever is most efficient, in each case.

(c)*Unusual circumstances.*

(1)Where the statutory time limit of 20 days for processing a request cannot be met because of “unusual circumstances,” as defined in the FOIA, and the agency extends the time limits on that basis, it will, before expiration of the 20-day period, notify the requester in writing of the unusual circumstances and of the date by which the agency estimates processing of the request can be expected to be completed. Where the extension is likely to exceed ten working days, the agency will provide the requester with an opportunity to modify the request or arrange an alternative time period for processing the original or modified request. In such instances, the agency's FOIA Public Liaison will contact the requester, and the requester will be informed of the mediation services offered by the Office of Government Information Services (“OGIS”)—see *https://www.archives.gov/ogis.* 6. Revise § 304.6 to read as follows: § 304.6 Responses to requests.

(a)*Acknowledgments of requests.* On receipt of a request, if the agency cannot provide the requested information within two working days, then an acknowledgment letter or email message will be sent to the requester that will confirm the requester's agreement to pay fees under § 304.3(d) and will provide a request tracking number for further reference. Requesters may use this tracking number to determine the status of their request—including the date of its receipt and the estimated date on which action on it will be completed—by calling the agency's FOIA Public Liaison at

(202)480-2080. In some cases, the agency may seek further information or clarification from the requester.

(b)*Grants of requests.* Ordinarily, the agency will have 20 working days from when a request is received to determine whether to grant or deny the request. Once the agency makes such a determination, it will immediately notify the requester in writing. The agency will inform the requester in the notice of any fee charged under § 304.9 and will disclose records to the requester promptly upon payment of any applicable fee. The agency will also inform the requester of the availability of its FOIA Public Liaison to offer assistance.

(c)*Adverse determinations of requests.* Whenever the agency makes an adverse determination denying a request in any respect, it will notify the requester of that determination in writing. Adverse determinations, or denials of requests, consist of: A determination to withhold any requested record in whole or in part; a determination that a requested record does not exist or cannot be located; a determination that a record is not readily reproducible in the form or format sought by the requester; a determination that what has been requested is not a record subject to the FOIA; a determination on any disputed fee matter, including a denial of a request for a fee waiver; and a denial of a request for expedited treatment. The denial letter will include:

(1)The name and title or position of the person responsible for the denial;

(2)A brief statement of the reason(s) for the denial, including any FOIA exemption(s) applied by the agency in denying the request;

(3)An estimate of the volume of records or information withheld, in number of pages or in some other reasonable form of estimation. This estimate does not need to be provided if the volume is otherwise indicated through deletions on records disclosed in part, or if providing an estimate would harm an interest protected by an applicable exemption; and

(4)An indication on the released portion of a record of each exemption applied, at the place at which it was applied, if technically feasible.

(5)A statement that the denial may be appealed under § 304.8(a) and a description of the requirements of § 304.8(a).

(6)A statement notifying the requester of the assistance available from the agency's FOIA Public Liaison and the dispute resolution services offered by OGIS.

(d)*Markings on released documents.* Records disclosed in part will be marked or annotated to show the amount of information deleted, unless doing so would harm an interest protected by an applicable exemption. The location of the information deleted also will be indicated on the record, if technically feasible. 7. Revise § 304.8 to read as follows: § 304.8 Appeals.

(a)*Appeals of adverse determinations.* If you are dissatisfied with the response to your request, you may appeal an adverse determination denying your request, in any respect, to the Chairman of the agency. You must make your appeal in writing, by email or letter, and it must be received by the agency within 90 calendar days of the date of the agency's response denying your request. Your appeal should provide reasons and supporting information as to why the initial determination was incorrect. The appeal should clearly identify the particular determination (including the assigned request number, if known) that you are appealing. For the quickest possible handling of a mail request, you should mark your appeal “Freedom of Information Act Appeal.” The Chairman or his or her designee will act on the appeal, except that an appeal ordinarily will not be acted on if the request becomes a matter of FOIA litigation.

(b)*Responses to appeals.* The decision on your appeal will be communicated to you by email or letter, ordinarily within 20 working days of receipt of your appeal. A decision affirming an adverse determination in whole or in part will contain a statement of the reason(s) for the affirmance, including any FOIA exemption(s) applied, and will inform you of the FOIA provisions for court review of the decision. The decision will also inform you of the mediation services offered by OGIS as a non-exclusive alternative to FOIA litigation. If the adverse determination is reversed or modified on appeal, in whole or in part, then you will be notified in a written decision and your request will be reprocessed in accordance with that appeal decision.

(c)*Engaging in dispute resolution services provided by OGIS.* Mediation is a voluntary process. If the agency agrees to participate in the mediation services provided by OGIS, it will actively engage in the process in an attempt to resolve the dispute.

(d)*When appeal is required.* As a general rule, if you wish to seek review by a court of any adverse determination, you must first appeal it in a timely fashion under this section. 8. Amend § 304.9 by revising paragraphs (a), (d)(6), (e), (i)(3), and

(k)to read as follows: § 304.9 Fees.

(a)*In general.* The agency will charge for processing requests under the FOIA in accordance with paragraph

(c)of this section and with the OMB Guidelines. The agency ordinarily will collect all applicable fees before sending copies of requested records to a requester. Requesters must pay fees by check or money order made payable to the Treasury of the United States.

(d)* * *

(i)If the agency fails to comply with the FOIA's time limits in which to respond to a request, it may not charge search fees, or, in the instances of requests from requesters described in paragraph (d)(1) of this section, may not charge duplication fees, except as described in (d)(6)(ii)-(iv).

(ii)If the agency has determined that unusual circumstances as defined by the FOIA apply and the agency provided timely written notice to the requester in accordance with the FOIA, a failure to comply with the time limit will be excused for an additional 10 working days.

(iii)If the agency has determined that unusual circumstances, as defined by the FOIA, apply and more than 5,000 pages are necessary to respond to the request, the agency may charge search fees, or, in the case of requesters described in paragraph (d)(1) of this section, may charge duplication fees, if the following steps are taken. The agency must have provided timely written notice of unusual circumstances to the requester in accordance with the FOIA and the agency must have discussed with the requester via written mail, email, or telephone (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request in accordance with 5 U.S.C. 552(a)(6)(B)(ii). If this exception is satisfied, the agency may charge all applicable fees incurred in the processing of this request.

(iv)If a court has determined that exceptional circumstances exist, as defined by the FOIA, a failure to comply with the time limits will be excused for the length of time provided by the court order.

(e)*Notice of anticipated fees in excess of $50.00.*

(1)When the agency determines or estimates that the fees to be charged under this section will amount to more than $50.00, it will notify the requester of the actual or estimated amount of the fees, unless the requester has indicated a willingness to pay fees as high as those anticipated. If only a portion of the fee can be estimated readily, the agency will advise the requester that the estimated fee might be only a portion of the total fee. In cases in which a requester has been notified that actual or estimated fees amount to more than $50.00, the request will not be considered received and further work will not be done on it until the requester agrees to pay the total anticipated fee. Any such agreement should be memorialized in writing. A notice under this paragraph will offer the requester an opportunity to discuss the matter with agency personnel in order to reformulate the request to meet the requester's needs at a lower cost.

(2)If the requester has indicated a willingness to pay some designated amount of fees, but the agency estimates that the total fee will exceed that amount, the agency will suspend the processing of the request when it notifies the requester of the estimated fees in excess of the amount the requester has indicated a willingness to pay. The agency will inquire whether the requester wishes to revise the amount of fees the requester is willing to pay or modify the request. Once the requester responds, the time to respond will resume from where it was at the date of the notification.

(3)The agency will make its FOIA Public Liaison available to assist any requester in reformulating a request to meet the requester's needs at a lower cost.

(i)* * *

(3)Where a requester has previously failed to pay a properly charged FOIA fee to the agency within 30 calendar days of the date of billing, the agency may require the requester to pay the full amount due, plus any applicable interest, and to make an advance payment of the full amount of any anticipated fee, before it begins to process a new request or continues to process a pending request from that requester.

(k)*Requirements for waiver or reduction of fees.*

(1)Requesters may seek a waiver of fees by submitting a written application demonstrating how disclosure of the requested 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.

(2)The agency will furnish records responsive to a request without charge or at a reduced rate when it determines, based on all available information, that the factors described in paragraphs (k)(2)(i) through

(iii)of this section are satisfied:

(i)Disclosure of the requested information would shed light on the operations or activities of the government. The subject of the requested records must concern identifiable operations or activities of the Federal Government with a connection that is direct and clear, not remote or attenuated.

(ii)Disclosure of the requested information is likely to contribute significantly to public understanding of those operations or activities. This factor is satisfied when the following criteria are met:

(A)Disclosure of the requested records must be meaningfully informative about government operations or activities. The disclosure of information that already is in the public domain, in either the same or a substantially identical form, would not be meaningfully informative if nothing new would be added to the public's understanding.

(B)The disclosure must contribute to the understanding of a reasonably broad audience of persons interested in the subject, as opposed to the individual understanding of the requester. A requester's expertise in the subject area as well as the requester's ability and intention to convey information effectively to the public will be considered. The agency will presume that a representative of the news media satisfies this consideration.

(iii)The disclosure must not be primarily in the commercial interest of the requester. To determine whether disclosure of the requested information is primarily in the commercial interest of the requester, the agency will consider the following criteria:

(A)Whether the requester has any commercial interest that would be furthered by the requested disclosure. A commercial interest includes any commercial, trade, or profit interest. Requesters will be given an opportunity to provide explanatory information regarding this consideration.

(B)Whether any identified commercial interest is the primary interest furthered by the request. A waiver or reduction of fees is justified when the requirements of paragraphs (k)(2)(i) and

(ii)of this section are satisfied and any commercial interest is not the primary interest furthered by the request. The agency ordinarily will presume that when a news media requester has satisfied factors in paragraphs (k)(2)(i) and

(ii)of this section, the request is not primarily in the commercial interest of the requester. Disclosure to data brokers or others who merely compile and market government information for direct economic return will not be presumed primarily to serve the public interest.

(3)Where only some of the records to be released satisfy the requirements for a waiver of fees, a waiver will be granted for those records.

(4)Requests for a waiver or reduction of fees should ordinarily be made when the request is first submitted to the agency and should address the criteria referenced above. A requester may submit a fee waiver request at a later time so long as the underlying record request is pending or on administrative appeal. When a requester who has committed to pay fees subsequently asks for a waiver of those fees and that waiver is denied, the requester must pay any costs incurred up to the date the fee waiver request was received. 9. Amend § 304.10 by revising paragraph

(a)to read as follows: § 304.10 Preservation of records.

(a)The agency will preserve all correspondence pertaining to the requests that it receives under this subpart, as well as copies of all requested records, until disposition or destruction is authorized by title 44 of the United States Code or the National Archives and Records Administration's General Records Schedule 4.2. Records will not be disposed of while they are the subject of a pending request, appeal, or lawsuit under the FOIA. Dated: January 11, 2017. David M. Pritzker, Deputy General Counsel. [FR Doc. 2017-00891 Filed 1-19-17; 8:45 am]

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