Unknown. Final rule

6,620 words·~30 min read·/register/2018/02/09/2018-02338

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-2018-02-09.xml --- 83 28 Friday, February 9, 2018 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5754 2018-02585 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Survey of School System Finances, 5755 2018-02581 Centers Disease Centers for Disease Control and Prevention NOTICES Announcement of Requirements and Registration for the 2018 Million Hearts Hypertension Control Challenge, 5772-5774 2018-02598 Environmental Impact Statements;

Availability, etc.: Site Acquisition and Campus Consolidation for the Centers for Disease Control and Prevention/National Institute for Occupational Safety and Health, Cincinnati, OH, 5774-5776 2018-02327 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5776 2018-02617 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Navy Underwater Detonation Exercise, Apra Outer Harbor, GU, 5751-5753 2018-02648 Commerce Commerce Department See Census Bureau See Foreign-rade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 5759-5760 2018-02651 2018-02652 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5760-5761 2018-02615 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Large Trader Reporting for Physical Commodity Swaps, 5761-5762 2018-02572 Defense Acquisition Defense Acquisition Regulations System NOTICES Proposed Definition of Procurement Administrative Lead Time or PALT and the Plan for Measuring and Publically Reporting Data on PALT for Department of Defense Contracts and Task Orders Above the Simplified Acquisition Threshold, 5762 2018-02599 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor, 5771-5772 2018-02587 Charter Amendments: Department of Defense Federal Advisory Committees, 5762 2018-02634 Drug Drug Enforcement Administration NOTICES Bulk Manufacturers of Controlled Substances; Applications: Cerilliant Corp., 5809 2018-02638 INSYS Manufacturing LLC, 5810 2018-02643 Importers of Controlled Substances; Applications: Johnson Matthey Inc., 5811 2018-02639 Meridian Medical Technologies Inc., 5810-5811 2018-02647 Mylan Pharmaceuticals, Inc., 5809-5810 2018-02637 Mylan Technologies Inc., 5811-5812 2018-02641 Noramco, Inc., 5810 2018-02646 Manufacturers of Controlled Substances;

Applications: AMRI Rensselaer, Inc., 5808 2018-02644 Noramco, Inc., 5808 2018-02645 Siemens Healthcare Diagnostics Inc., 5812 2018-02642 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: College Affordability and Transparency Explanation Form 2018-2020, 5767 2018-02607 Fiscal Operations Report for 2017-2018 and Application to Participate 2019-2020 and Reallocation Form, 5765-5766 2018-02579 Green Ribbon Schools Nominee Presentation Form, 5764 2018-02576 Implementation of Title I/II Program Initiatives, 5766-5767 2018-02561 Privacy Act Request Form, 5765 2018-02575 Energy Department Energy Department NOTICES Applications to Export Electric Energy:

ENGIE Energy Marketing NA, Inc., 5767-5768 2018-02619 Engineers Engineers Corps NOTICES Requests for Proposals: Beneficial Use of Dredged Material Pursuant to the Water Resources Development Act, 5763 2018-02613 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances: Cyflufenamid, 5711-5717 2018-02670 Zoxamide, 5717-5720 2018-02668 NOTICES Certain New Chemicals or Significant New Uses: Statements of Findings for November 2017, 5768-5769 2018-02662 Statements of Findings for October 2017, 5769-5770 2018-02661 Environmental Impact Statements;

Availability, etc.: Weekly Receipts, 5768 2018-02580 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 5689-5700 2018-01803 Rosemount Aerospace, Inc. Pitot Probes, 5700-5705 2018-02550 The Boeing Company Airplanes, 5685-5689 2018-01807 Amendment of Class D and E Airspace: Cape Girardeau, MO; St. Louis, MO; and Macon, MO, 5707-5710 2018-02139 Establishment of Class E Airspace: Johnson City, TN, 5705-5706 2018-02324 Spanish Fork, UT, 5706-5707 2018-02325 Revocation of Class E Airspace:

Pulaski, WI, 5710-5711 2018-02137 PROPOSED RULES Airworthiness Directives: Bombardier, Inc., Airplanes, 5746-5748 2018-02198 The Boeing Company Airplanes, 5738-5746 2018-02193 2018-02197 2018-02199 Amendment of Class D Airspace and Class E Airspace, and Removal of Class E Airspace: Binghamton, NY, 5750-5751 2018-02140 Amendment of Class E Airspace: Hamilton, NY, 5748-5749 2018-02143 NOTICES Meetings: Aviation Rulemaking Advisory Committee, 5823-5824 2018-02596 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 5770 2018-02708 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: 14th Street Bridge Corridor, Arlington County, Virginia and Washington, DC; Rescission, 5824 2018-02605 I-80/I-215 Parley's Interchange, Salt Lake County, UT, 5824-5825 2018-02609 Manassas National Battlefield Park Bypass, Loudon, Fairfax, Fauquier and Prince William Counties, VA, 5824 2018-02602 Final Federal Agency Actions of Proposed Highway/Interchange Improvement in California, 5825-5826 2018-02610 Federal Housing Finance Agency Federal Housing Finance Agency RULES Freedom of Information Act Implementation, 5681-5685 2018-02338 Federal Maritime Federal Maritime Commission NOTICES Meetings;

Sunshine Act, 5771 2018-02822 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 5771 2018-02635 Financial Crimes Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bank Secrecy Act Currency Transaction Reporting Requirements Regulations, 5828-5829 2018-02584 Bank Secrecy Act Regulations Requiring Depository Institutions and Insurance Companies to Report Suspicious Activity, 5829-5830 2018-02583 Fish Fish and Wildlife Service RULES Endangered and Threatened Species:

Endangered Species Status for Texas Hornshell, 5720-5735 2018-02672 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Dispute Resolution Procedures for Science-Based Decisions on Products Regulated by the Center for Veterinary Medicine, 5783-5784 2018-02593 Postmarketing Safety Reports for Human Drug and Biological Products: Electronic Submission Requirements, 5784-5785 2018-02589 Determinations of Regulatory Review Periods for Purposes of Patent Extensions:

ENTRESTO, 5781-5783 2018-02592 IDELVION, 5787-5788 2018-02666 KAMRA INLAY, 5778-5780 2018-02582 LYNPARZA, 5788-5790 2018-02591 ODOMZO, 5780-5781 2018-02658 ONIVYDE, 5790-5791 2018-02590 STRENSIQ, 5776-5778 2018-02588 Product-Specific Guidances, 5785-5786 2018-02667 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: BGM America, Inc., Foreign-Trade Zone 127, West Columbia, SC, 5755-5756 2018-02630 Reorganizations and Expansions under Alternative Site Framework:

Foreign-Trade Zone 31, Granite City, IL, 5756 2018-02631 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor, 5771-5772 2018-02587 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Designation of a Class of Employees for Addition to the Special Exposure Cohort, 5793 2018-02675 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Survey of Organ Donation Attitudes and Practices, 5793-5794 2018-02595 The Maternal, Infant, and Early Childhood Home Visiting Program Performance Measurement Information System, 5791-5793 2018-02594 Zika Virus Pilot Project, 5794-5795 2018-02586 Homeland Homeland Security Department See Coast Guard NOTICES Meetings: Homeland Security Science and Technology Advisory Committee, 5796 2018-02665 Housing Housing and Urban Development Department NOTICES Community Development Block Grant Disaster Recovery Grantees:

Allocations, Common Application, Waivers, and Alternative Requirements for 2017, 5844-5869 2018-02693 Meetings: Housing Counseling Federal Advisory Committee, 5801-5802 2018-02655 Regulatory Waiver Requests; Granted: Third Quarter of Calendar Year 2017, 5796-5801 2018-02654 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Quarterly Publication of Individuals Who Have Chosen to Expatriate, 5830-5839 2018-02656 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Steel Nails from Malaysia, 5757-5759 2018-02628 Certain Steel Nails from the United Arab Emirates, 5756-5757 2018-02629 International Trade Com International Trade Commission NOTICES Complaints: Certain Light Engines and Components Thereof, 5807-5808 2018-02616 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same, 5805-5806 2018-02577 Certain Pool Spa Enclosures, 5806-5807 2018-02573 Certain Shaving Cartridges, Components Thereof and Products Containing Same, 5804 2018-02578 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: COPS Application Package, 5812-5813 2018-02650 Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Applications for a Recordable Disclaimers of Interest: Alaska Kanektok River System including Pegati and Kagati Lakes, 5802-5803 2018-02679 Meetings: Northwest Oregon Resource Advisory Council, 5803 2018-02680 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor, 5771-5772 2018-02587 Meetings: Advisory Council; Aeronautics Committee, 5815 2018-02659 Earth Science Advisory Committee, 5815-5816 2018-02653 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Import Eligibility: Nonconforming Model Year 2006 Penman Lightweight GS Cargo Trailers, 5827-5828 2018-02673 Nonconforming Model Year 2017 UKANG FT-200 Trailers, 5826-5827 2018-02674 National Institute National Institutes of Health NOTICES Meetings:

National Eye Institute; Amendment, 5795 2018-02565 National Institute on Drug Abuse, 5795-5796 2018-02566 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Pacific Cod by Non-American Fisheries Act Crab Vessels Operating as Catcher Vessels Using Pot Gear in the Central Regulatory Area of the Gulf of Alaska, 5736-5737 2018-02614 Fisheries of the Northeastern United States Summer Flounder Fishery; Quota Transfer, 5735-5736 2018-02660 National Park National Park Service NOTICES Meetings:

Acadia National Park Advisory Commission 2018 Schedule, 5804 2018-02633 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 5816 2018-02820 Permits Issued under the Antarctic Conservation Act, 5816 2018-02632 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Application for Expansion of Recognition and Proposed Modification to the NRTL Program's List of Appropriate Test Standards: MET Laboratories, Inc, 5813-5815 2018-02563 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Termination of Single-Employer Plans, Missing Participants, 5816-5817 2018-02606 Personnel Personnel Management Office NOTICES Meetings: Civil Service Retirement System Board of Actuaries, 5817-5818 2018-02574 Hispanic Council on Federal Employment, 5817 2018-02571 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 5818 2018-02627 Postal Service Postal Service NOTICES Product Changes: Priority Mail Negotiated Service Agreement, 5818 2018-02570 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Nasdaq BX, Inc., 5818-5822 2018-02567 The Nasdaq Stock Market, LLC, 5822-5823 2018-02568 State Department State Department NOTICES Meetings: Overseas Security Advisory Council, 5823 2018-02562 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Financial Crimes Enforcement Network See Internal Revenue Service NOTICES Meetings:

Federal Advisory Committee on Insurance, 5839-5840 2018-02559 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Insurance Customer Satisfaction Surveys, 5840 2018-02569 Meetings: Advisory Committee on Disability Compensation, 5840-5841 2018-02657 Separate Parts In This Issue Part II Housing and Urban Development Department, 5844-5869 2018-02693 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. 83 28 Friday, February 9, 2018 Rules and Regulations FEDERAL HOUSING FINANCE AGENCY 12 CFR Part 1202 RIN 2590-AA86 Freedom of Information Act Implementation AGENCY: Federal Housing Finance Agency. ACTION: Final rule. SUMMARY: The Federal Housing Finance Agency

(FHFA)is finalizing its interim final rule that amended its Freedom of Information Act

(FOIA)regulation. The amendments to FHFA's regulation incorporate the requirements of the FOIA Improvement Act of 2016 by giving notice of the circumstances under which FHFA may extend the time limit for responding to a FOIA request due to unusual circumstance; notifying a requester of their right to seek dispute resolution services; affording a requester a minimum of 90 days to file an administrative appeal; and clarifying and updating the existing regulation. The interim final rule became effective on March 15, 2017. This final rule finalizes the interim final rule with minor revisions for consistency and clarification. DATES: The final regulation is effective on February 9, 2018. For additional information, see SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: David A. Lee, Chief FOIA Officer,

(202)649-3803, or Stacy J. Easter, FOIA Officer

(202)649-3803, (not toll free numbers), Federal Housing Finance Agency, 400 Seventh Street SW, Eighth Floor, Washington, DC 20219, or *FOIA@fhfa.gov.* The telephone number for the Telecommunications Device for the Deaf is

(800)877-8339. SUPPLEMENTARY INFORMATION: I. Background and the Interim Final Rule The FOIA Improvement Act of 2016, Public Law 114-185, 130 Stat. 538 (June 30, 2016) (Act), amended the FOIA, 5 U.S.C. 552, and required agencies to review their FOIA regulations and issue certain amendments by December 27, 2016. On March 15, 2017, FHFA published an interim final rule to revise its FOIA regulation at 12 CFR part 1202 to incorporate changes made to the FOIA by the Act, and to make general updates to the regulation. *See* 82 FR 13743 (Mar. 15, 2017). The primary changes to the FOIA made by the Act include codifying the foreseeable harm standard when making a determination whether to release agency records under Exemption 5; notifying requesters of the availability of dispute resolutions services at various times throughout the FOIA process; providing a minimum of 90 days for requesters to file an administrative appeal; incorporating the new statutory restrictions on charging fees in certain circumstances, and reflecting recent developments in the case law. The interim final rule also made general updates to the regulation to remove the FHFA-OIG individual component procedures from the body of FHFA's regulation, adding them to the newly created appendices, as well as to make clarifying technical revisions to the regulation. The interim final rule became effective on March 15, 2017. FHFA accepted public comments, however, until May 15, 2017. This final rule finalizes the interim final rule with minor revisions for consistency and clarification. II. Summary of Public Comments and Final Rule The Federal Housing Finance Agency received four public comments on the interim final rule, including comments from two Federal agencies, the National Archives and Records Administration

(NARA)and the Department of Justice. FHFA has given consideration to each of the comments received and has made several modifications that will be adopted in the final rule. Discussion of each of the comments and FHFA's response follows. General Comments One commenter suggested that FHFA's interim final rule is “fairly vague” without providing further comments. FHFA disagrees. FHFA's interim final rule incorporates the requirements of the FOIA Improvement Act of 2016 as well as clarifies and updates its existing FOIA regulation. As such, no changes will be made in the final rule other than those described below. One commenter asked, “who declares an `unusual circumstance,' and how does he/she do so?” The commenter also stated that, “every agency is busy, and we cannot simply allow for such an extension with the potential for abuse.” Because the circumstance in which an agency can invoke “unusual circumstance” is adequately covered in § 1202.7(g) and is in line with the FOIA, FHFA declines to address this comment. Section 1202.2—What do the terms in this regulation mean? One commenter suggested that the “discretionary release” definition is not necessary and that it could create confusion with the foreseeable harm standard. FHFA agrees and has removed this definition from the final rule. One commenter suggested that, under the definition of “Direct costs,” the words “federal records center” or “records center” should be added to the NARA reference to prevent confusion in regards to the two types of records handled by NARA. FHFA has determined that including “federal records center” would be helpful. As such, FHFA has included this reference in the definition in the final rule. Section 1202.4—What information is exempt from disclosure? One commenter suggested that § 1202.4(b) should be removed because the FOIA exemptions are inherently discretionary. FHFA agrees and has removed this section from the final rule. One commenter suggested that § 1202.4(d) should be removed or revised to include a statement on how a Vaughn index is not required during the administrative stage of processing a request. FHFA agrees and has revised this section in the final rule to state that a Vaughn index will not be provided during the administrative stage. One commenter stated that § 1202.4(e) is “not necessary because it simply restates the statutory provision.” FHFA agrees and has removed this section from the final rule. Section 1202.5—How do I request information from FHFA under the FOIA? One commenter suggested that § 1202.5(f) should be revised to “may state in what form or format . . .” because requiring a requester to state a format is unnecessary. FHFA agrees and has revised this section in the final rule. One commenter raised concern with § 1202.5(g), which provides that all requesters agree to pay fees up to $100.00. The commenter suggested that this section should be revised to ask the requester to specify an amount, if any, that they are willing to pay but not require them to agree to pay fees up front. The commenter also suggested that FHFA add language to this section indicating that the Agency will notify requesters of any fees above $25. To conform to OMB Guidelines, FHFA agrees and has revised this section in the final rule to include the suggested language. FHFA has also revised the regulation text for clarity. Section 1202.6—What if my request does not have all the information FHFA requires? One commenter suggested that “overly broad, unduly burdensome to process” should be removed. The commenter states that both are covered under “does not reasonably describe the records you seek.” The commenter also suggested that “tolling” should be removed because it suggests that the clock has started when in fact it has not started for unperfected request. FHFA agrees and has removed “overly broad, unduly burdensome to process” from the final rule. FHFA has also revised the regulation text for clarity. One commenter suggested that the deadline for clarification is short and should be extended from 15 calendar days to 30 days. Given the fact that most clarification requests are transmitted electronically, FHFA believes that 15 calendar days gives a requester sufficient time to respond. Therefore, FHFA declines to make the suggested change in the final rule. One commenter raised concern that the wording in § 1202.6(b) could confuse a requester. The commenter suggested removing “or if the additional information you provide is still incomplete or insufficient” as not to confuse the requester that their request was withdrawn when in fact the request was closed. FHFA understands how this may be confusing and has revised this section in the final rule to replace “withdrawn” with “closed.” Section 1202.7—How will FHFA respond to my FOIA request? One commenter suggested changing the search cut-off date in § 1202.7(b) from the “date of the FOIA request” to “date of the search.” FHFA declines to make the suggested change in the final rule. Using the date of the FOIA request as the cut-off date provides clarity to requesters. Further, since FHFA receives a small number of FOIA request in a given year, the timeframe from when a request is received and when a search is conducted is, in most cases, within days apart and therefore there is little to no impact on the search results. One commenter suggested revising § 1202.7(d) to reference “records” that are being referred instead of “requests.” FHFA agrees and has revised this section in the final rule to indicate that records are being referred not the FOIA request. One commenter suggested that language should be added addressing consultations with other agencies. FHFA agrees and has included a provision with the suggested language under § 1202.7 in the final rule. One commenter suggested that the specific tracks in § 1202.7(g) should be deleted and that unusual circumstances should only be discussed in general terms, noting that the requirement of unusual circumstances applies regardless of the track. FHFA agrees and has removed the specific track reference from this section in the final rule. Two commenters suggested that a reference should be added about notifying a requester of the availability of the Office of Government Information Services

(OGIS)for dispute resolutions services when notice is given that a request will take longer than 30 days. FHFA agrees and has included an OGIS reference in this section in the final rule. Section 1202.8—If the requested records contain confidential commercial information, what procedures will FHA follow? One commenter suggested revising § 1202.8(d)(1) to remove “confidential” since at this point it may not be clear whether the information is confidential. FHFA agrees and has revised this section in the final rule to remove “confidential.” One commenter suggested that language from Executive Order 12600 is missing at § 1202.8(e)(4). FHFA agrees and has revised this section in the final rule to include “unless the agency has substantial reason to believe that disclosure of the information would result in competitive harm.” Section 1202.9—How do I appeal a response denying my FOIA request? One commenter suggested that the last sentence of § 1202.9(e) be removed because there is no legal grounds to prevent a requester from filing a lawsuit. FHFA agrees and has removed the last sentence of this section in the final rule. One commenter suggested that, in § 1202.9(g), in order to help clarify for requesters that they may engage in various types of dispute resolution approaches to resolve disputes, that the description of OGIS services should be changed from “mediation services to resolve FOIA disputes” to “services to resolve FOIA disputes.” FHFA agrees and has revised this section in the final rule. It has also been suggested that the last sentence in § 1202.9(g) be removed because the phrase “mediation decision” may confuse a requesters on the role of OGIS. FHFA agrees and has removed the last sentence of this section in the final rule. Section 1202.10—Will FHFA expedite my request or appeal? One commenter suggested revising § 1202.10(c) by changing “10 days” to “10 calendar days.” FHFA agrees with the commenter. Ten calendar days conforms to OMB guidelines; therefore, FHFA has revised this section in the final rule. Section 1202.11—What will it cost to get the records I requested? One commenter suggested revising § 1202.11(d) to include notification to requesters if fees exceed $25. To conform to OMB guidelines, FHFA agrees and has included a statement regarding fee notifications in this section in the final rule. This statement has also be included in § 1202.5(g). Section 1202.11(e) would allow FHFA to request advance payment if fees are likely to exceed a certain amount and if a requester has a history of not paying. One commenter suggested that this section was unclear. FHFA agrees and has revised the final rule to make clear in what instance it would require advance payment. Finally, in keeping in line with OMB's most recent guidelines, FHFA has updated § 1202.11(h) and

(j)of the final rule. III. Regulatory Impacts Paperwork Reduction Act This final regulation does not contain any information collection requirement that requires the approval of OMB under the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires that a regulation that has a significant economic impact on a substantial number of small entities, small businesses, or small organizations must include an initial regulatory flexibility analysis describing the regulation's impact on small entities. Such an analysis need not be undertaken if the agency has certified that the regulation does not have a significant economic impact on a substantial number of small entities (5 U.S.C. 605(b)). FHFA has considered the impact of this final regulation under the Regulatory Flexibility Act. FHFA certifies that the regulation is not likely to have a significant economic impact on a substantial number of small business entities because the regulation is applicable only to the internal operations and legal obligations of FHFA. List of Subjects in 12 CFR Part 1202 Appeals, Confidential commercial information, Disclosure, Exemptions, Fees, Final action, Freedom of Information Act, Judicial review, Records, Requests. Authority and Issuance Accordingly, for the reasons stated in the Preamble, the Interim Final Rule published at 82 FR 13743 on March 15, 2017 is adopted as a final rule with the following changes: PART 1202—FREEDOM OF INFORMATION ACT 1. The authority citation for part 1202 continues to read as follows: Authority: Pub. L. 110-289, 122 Stat. 2654; 5 U.S.C. 301, 552; 12 U.S.C. 4526; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; E.O. 13392, 70 FR 75373-75377, 3 CFR, 2006 Comp., p. 216-200. § 1202.2 [Amended] 2. Amend § 1202.2 by: a. Removing the definition of “Discretionary release”; b. Adding the words “at a Federal records center operated by the” before the word “National” in the definition of “Direct costs”; and c. Adding a definition for “Vaughn index” in alphabetical order. The addition reads as follows: § 1202.2 What do the terms in this regulation mean? *Vaughn index* means an itemized index, used in litigation, correlating each withheld document (or portion) with a specific FOIA exemption and the relevant part of the agency's nondisclosure justification. § 1202.4 [Amended] 3. Amend § 1202.4 by: a. Removing paragraph (b); b. Redesignating paragraphs

(c)and

(d)as paragraphs

(b)and

(c)respectively; c. Revising newly redesignated paragraphs

(b)and (c); and d. Removing paragraph (e). The revisions read as follows: § 1202.4 What information is exempt from disclosure?

(b)*Redacted portion.* If a requested record contains exempt information and information that can be disclosed and the portions can reasonably be segregated from each other, the disclosable portion of the record will be released to the requester after FHFA redacts the exempt portions. If it is technically feasible, FHFA will indicate the amount of the information redacted at the place in the record where the redaction is made and include a notation identifying the exemption that was applied, unless including that indication would harm an interest protected by an exemption.

(c)*Exempt and redacted material.* FHFA is not required to and will not provide a Vaughn index during the administrative stage of processing your FOIA request. 4. Amend § 1202.5 by revising paragraphs

(f)and

(g)to read as follows: § 1202.5 How do I request information from FHFA under the FOIA?

(f)*How you want the records produced to you.* Your request may state in what form or format you want FHFA to furnish the releasable records, *e.g.,* hardcopy, or electronic.

(g)*Agreement to pay fees.* In your FOIA request you must acknowledge that you are aware of the applicable fees charged under § 1202.11, and specify an amount, if any, you are willing to pay without consultation. Your inability to pay a fee does not justify granting a fee waiver. The fact that FHFA withholds all responsive documents or does not locate any documents responsive to your request, does not mean that you are not responsible for paying applicable fees. Your FOIA request will not be considered received by FHFA until your acknowledgement of the applicable fees, in writing, is received. FHFA will notify a requester of any fees above $25.00. 5. Amend § 1202.6 by revising the introductory text and paragraph

(b)to read as follows: § 1202.6 What if my request does not have all the information FHFA requires? If FHFA determines that your request does not reasonably describe the records you seek, cannot be processed for reasons related to fees, or lacks required information, you will be informed in writing why your request cannot be processed. You will be given 15 calendar days to meet all requirements. If you are notified that your request cannot be processed for the reasons cited herein, your request will be placed on hold and will not be considered as being received by FHFA for the purpose of processing your request under this part.

(b)If you do not respond or provide additional information within the time period allowed, or if the additional information you provide is still incomplete or insufficient, FHFA will consider your request closed and will notify you that it will not be processed. § 1202.7 [Amended] 6. Amend § 1202.7 by: a. Removing the reference “paragraph (g)” and adding in its place the reference “paragraph (h)” in paragraphs

(c)introductory text and (c)(1); b. Revising paragraph (d); c. Redesignating paragraphs (e), (f), and

(g)as paragraphs (f), (g), and

(h)respectively; d. Adding new paragraph (e); e. Removing the words “Standard Track” and adding in their place the word “statutory” in newly redesignated paragraph (h)(1) introductory text; and f. Revising newly redesignated paragraphs (f)(2) and (h)(2). The revisions and addition read as follows: § 1202.7 How will FHFA respond to my FOIA request?

(d)*Referrals to other agencies.* If you submit a FOIA request that seeks records originating in another Federal Government agency, FHFA will refer those records, as applicable, to the other agency for a direct response. FHFA will provide you notice of the referral, what records were referred, and the name of the other agency and relevant contact information.

(e)*Consultation with other agencies.* When records originate with FHFA, but contain within them information of interest to another agency, FHFA will consult with the other agency(ies) prior to making a determination on your request.

(f)* * *

(2)*Requests that are denied, or granted and denied in part.* If FHFA denies your request in whole or in part because a requested record does not exist or cannot be located, is not readily reproducible in the form or format you sought, is not subject to the FOIA, or is exempt from disclosure, the written response will include the requested releasable records, if any, the amount of any fees charged, the reasons for denial, and a notice and description of your right to file an administrative appeal under § 1202.9. FHFA will not provide you with a Vaughn index during the administrative stage of processing your request.

(h)* * *

(2)When a request requires more than 30 days to process, FHFA will make available its FOIA Public Liaison or other FOIA contact to assist you in modifying or reformulating your request. If the request cannot be modified or reformulated, FHFA will notify you regarding an alternative time period for processing the request. FHFA will also notify you of the availability of the Office of Government Information Services to provide dispute resolution service. 7. Amend § 1202.8 by revising paragraphs (d)(1) and (e)(4) to read as follows: § 1202.8 If the requested records contain confidential commercial information, what procedures will FHFA follow?

(d)* * *

(1)A description of the commercial information requested or copies of the records or portions thereof containing the business information; and

(e)* * *

(4)The information requested is not designated by the submitter as confidential commercial information pursuant to this section, unless the agency has substantial reason to believe that disclosure of the information would result in competitive harm; or 8. Amend § 1202.9 by revising paragraphs

(e)and

(g)to read as follows: § 1202.9 How do I appeal a response denying my FOIA request?

(e)*Notice of delayed determinations on appeal.* If FHFA cannot send a final determination on your appeal within the 20-day time limit, the designated component Appeals Officer will continue to process the appeal and upon expiration of the time limit, will inform you of the reason(s) for the delay and the date on which a determination may be expected.

(g)*Additional resource.* To aid the requester, the FOIA Public Liaison is available and will assist in the resolution of any disputes. Also, the National Archives and Records Administration (NARA), Office of Government Information Services

(OGIS)offers non-compulsory, non-binding services to resolve FOIA disputes. If you need information regarding the OGIS and/or the services it offers, please contact OGIS directly at Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, MD 20740-6001; email: *ogis@nara.gov;* phone:

(202)741-5770; toll-free: 1

(877)684-6448; or facsimile at

(202)741-5769. This information is provided as a public service only. § 1202.10 [Amended] 9. Amend § 1202.10 in paragraph

(c)by adding the word “calendar” after the number “10”. 10. Amend § 1202.11 by revising paragraphs (d), (e), (h), (i), (j), and

(k)to read as follows: § 1202.11 What will it cost to get the records I requested?

(d)*Notice of anticipated fees in excess of $25.00.* When FHFA determines or estimates that the fees chargeable to you will exceed $25.00, you will be notified of the actual or estimated amount of fees you will incur, unless you earlier indicated your willingness to pay fees as high as those anticipated. When you are notified that the actual or estimated fees exceed $25.00, your request will be tolled until you agree to pay, in writing, the anticipated total fee.

(e)*Advance payment of fees.* FHFA may request that you pay estimated fees or a deposit in advance of responding to your request. If FHFA requests advance payment or a deposit, your request will be tolled by FHFA until the advance payment or deposit is received. FHFA may request advance payment or a deposit if—

(1)The fees are likely to exceed $250.00;

(2)You do not have a history of payment;

(3)You previously failed to pay a FOIA fee to FHFA in a timely fashion, *i.e.,* within 30 calendar days of the date of a billing; or

(4)You have an outstanding balance due from a prior request. FHFA will require you to pay the full amount owed plus any applicable interest, as provided in paragraph

(f)of this section, or demonstrate that the fee owed has been paid, as well as payment of the full amount of anticipated fees before processing your request.

(h)*Fee waiver requests.* You may request a fee waiver in accordance with the FOIA and this regulation. Requests for a waiver of fees must be made in writing and should be made at the time you submit your FOIA request. However, your fee waiver may be submitted at a later time so long as the underlying record request is pending or on administrative appeal. FHFA may grant your fee waiver request or a reduction of fees 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 Federal Government and is not primarily in your commercial interest. In submitting a fee waiver request, you must address the following six factors—

(1)Whether the subject of the requested records concerns the operations or activities of the Federal Government. The subject of the request must concern identifiable operations or activities of the Federal Government with a connection that is direct and clear, not remote or attenuated;

(2)Whether the disclosure is likely to contribute significantly to the public understanding of Federal Government operations or activities. This factor is satisfied when the following criteria are met:

(i)Disclosure of the requested information 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; and

(ii)The disclosure must contribute to the understanding of a reasonably broad audience of persons interested in the subject, as opposed to your individual understanding. Your expertise in the subject area as well as your ability and intention to effectively convey information to the public must be considered. FHFA will presume that a representative of the news media will satisfy this consideration.

(3)The disclosure must not be primarily in your commercial interest. To determine whether disclosure of the requested information is primarily in your commercial interest FHFA will consider the following criteria:

(i)FHFA will determine whether you have any commercial interest that would be furthered by the requested disclosure. A commercial interest includes any commercial, trade, or profit interest. You will be given an opportunity to provide explanatory information regarding this consideration; and

(ii)If there is an identified commercial interest, FHFA will determine whether that is the primary interest furthered by the request.

(i)*Fee Waiver determination.* FHFA will notify you within 20 days of receipt of your request whether the fee waiver has been granted. 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. For those records that do not satisfy the requirements for a waiver of fees, you may be charged for those records. When you have committed to pay fees and subsequently ask for a waiver of those fees and that waiver is denied, you must pay any costs incurred up to the date the fee waiver request was received. A request for fee waiver that is denied may only be appealed when a final decision has been made on the initial FOIA request.

(j)*Restrictions on charging fees.*

(1)When FHFA determines that you are an educational institution, non-commercial scientific institution, or representative of the news media, and the records are not sought for commercial use, FHFA will not charge search fees. (2)(i) If FHFA fails to comply with the FOIA's time limits in which to respond to your request, FHFA will not charge search fees, or, in the instances of requests from requesters described in paragraph (j)(1) of this section, will not charge duplication fees, except as described in paragraphs (j)(2)(ii) through

(iv)of this section.

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

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

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

(3)No search or review fees will be charged for a quarter-hour period unless more than half of that period is required for search or review.

(4)If you seek records for a commercial use, FHFA will provide without charge:

(i)The first 100 pages of duplication (or the cost equivalent for other media); and

(ii)The first two hours of search.

(5)No fee will be charged when the total fee, after deducting the 100 free pages (or its cost equivalent) and the first two hours of search, is equal to or less than $25.00.

(k)*Additional resource.* The FOIA Public Liaison or other FOIA contact is available to assist you in modifying or reformulating a request to meet your needs at a lower cost. FHFA will also notify you of the availability of OGIS to provide dispute resolution service. Appendix A to Part 1202 [Amended] 11. Amend Appendix A to Part 1202: a. In paragraph 2 by adding the word “only” after the word “Headquarters” and adding the language “on FHFA's public website” after the word “located”; and b. In paragraphs 3 and 4 by removing the comma before the website hyperlink text and adding in its place “. You can find additional information on FHFA's FOIA program at”. Dated: January 30, 2018. Melvin L. Watt, Director, Federal Housing Finance Agency. [FR Doc. 2018-02338 Filed 2-8-18; 8:45 am]

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