Unknown. Interim final rule; request for comments

4,786 words·~22 min read·/register/2024/05/02/2024-08700

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-2024-05-02.xml --- 89 86 Thursday, May 2, 2024 Contents Agency Agency for International Development NOTICES Hearings, Meetings, Proceedings, etc., 35773-35774 2024-09503 Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35775 2024-09467 Hearings, Meetings, Proceedings, etc.: Tribal Advisory Committee, 35774-35775 2024-09465 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare and Medicaid Programs and the Children's Health Insurance Program:

Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long Term Care Hospital Prospective Payment System, etc., 35934-36649 2024-07567 Children Children and Families Administration NOTICES Privacy Act; Systems of Records, 35825-35831 2024-09343 Coast Guard Coast Guard RULES Safety Zone: Oceanside Pier, Oceanside, CA, 35712-35714 2024-09521 Submarine Power Cables Stone Laying Project, Straits of Mackinac, MI, 35714-35716 2024-09536 Vineyard Wind 1 Wind Farm Project Area, Outer Continental Shelf, Lease OCS-A 0501, Offshore Massachusetts, Atlantic Ocean, 35709-35712 2024-09538 Special Local Regulation:

Bush River and Otter Point Creek; Between Perryman, MD and Edgewood, MD, 35705-35708 2024-09548 Marine Events within the Captain of the Port Miami, 35708 2024-09534 2024-09535 PROPOSED RULES Safety Zone: Upper Mississippi River Mile 202.5-203.5 near Alton, IL, 35767-35769 2024-09001 Commerce Commerce Department See Economic Analysis Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Office of the Under-Secretary for Economic Affairs Community Living Administration Community Living Administration NOTICES Single-Source Supplement:

Puerto Rico Disaster Assistance Grant Program, 35831-35832 2024-09542 Defense Department Defense Department See Engineers Corps See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35815-35817 2024-09554 2024-09556 2024-09558 Hearings, Meetings, Proceedings, etc.: Defense Advisory Committee on Military Personnel Testing, 35817-35818 2024-09574 Defense Science Board, 35814-35815 2024-09571 Economic Analysis Bureau Economic Analysis Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Direct Investment Surveys: Benchmark Survey of United States Direct Investment Abroad, 35776-35778 2024-09482 Engineers Engineers Corps NOTICES Proposals by Non-Federal Interests for Inclusion in the Annual Report to Congress on Future Water Resources Development, 35818-35820 2024-09576 Environmental Protection Environmental Protection Agency RULES Community Right-to-Know Toxic Chemical Release Reporting: Addition of Diisononyl Phthalate Category;

Correction, 35748-35754 2024-09428 Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights, 35717-35748 2024-09427 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: TSCA Mercury Inventory Reporting, 35821-35822 2024-09527 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP);

Bombardier, Inc.) Airplanes, 35690-35693 2024-09352 Airbus SAS Airplanes, 35695-35701 2024-09353 2024-09354 ATR-GIE Avions de Transport Regional Airplanes, 35701-35703 2024-09355 Bombardier, Inc., Airplanes, 35693-35695 2024-09351 NOTICES Airport Property: John Glenn Columbus International Airport, Columbus, OH, 35920-35922 2024-09568 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35822-35824 2024-09480 Federal Election Federal Election Commission RULES FOIA Improvement Act, 35685-35688 2024-08700 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Residential Basement Floodproofing Certificate, 35844-35845 2024-09539 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35922-35924 2024-09516 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application: Qualification of Drivers; Hearing, 35924-35926 2024-09522 Fish Fish and Wildlife Service NOTICES Permits; Applications, Issuances, etc.:

Marine Mammal Protection Act, 35847-35848 2024-09479 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: New Animal Drugs for Investigational Use, 35838-35840 2024-09526 Final Debarment Order: Angela Maria Giron, 35836-35838 2024-09528 Guidance: Heritable Intentional Genomic Alterations in Animals, 35832-35836 2024-09278 2024-09279 Requests for Nominations: Nonvoting Representative of the Interest of Tobacco Growers on the Tobacco Products Scientific Advisory Committee, 35840-35841 2024-09532 Foreign Assets Foreign Assets Control Office RULES Venezuela Sanctions Regulations Web General Licenses 5O, 8M, and 44A, 35703-35705 2024-09530 Government Ethics Government Ethics Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Electronic Public Financial Disclosure Extension Request, 35824 2024-09478 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Community Living Administration See Food and Drug Administration See Health Resources and Services Administration NOTICES Hearings, Meetings, Proceedings, etc.: National Advisory Committee on Seniors and Disasters, 35843-35844 2024-09584 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: COVID-19 Provider Relief Programs Single and Commercial Audits and Delinquent Audit Reporting Submission Activities, Office of Management and Budget No. 0906-0083, Extension, 35842-35843 2024-09466 The Maternal, Infant, and Early Childhood Home Visiting Program Quarterly Performance Report, 35841-35842 2024-09533 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Housing Counseling Agency Activity Reports, 35845 2024-09541 Request for Information: Iron, Steel, Construction Materials, and Manufactured Products Used in Housing Programs Pursuant to the Build America, Buy America Act, 35846 2024-09489 Inter-American Inter-American Foundation NOTICES Meetings; Sunshine Act, 35846-35847 2024-09346 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application Requirements for States and Tribes to Apply for Orphaned Well Site Plugging, Remediation, and Restoration Funding Consideration, and Ongoing State and Tribal Reporting Requirements for Funding Recipients, 35849-35855 2024-09525 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualified Intermediary, Withholding Foreign Partnership, and Withholding Foreign Trust Application and Account Management System, 35926-35927 2024-09567 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews, 35796-35797 2024-09518 Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Activated Carbon from the People's Republic of China, 35797-35800 2024-09582 Certain Aluminum Foil from People's Republic of China, 35801-35805 2024-09589 Certain Aluminum Foil from the People's Republic of China, 35790-35792 2024-09587 Common Alloy Aluminum Sheet from India, 35788-35790 2024-09590 Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 35778-35782 2024-09581 Phosphate Fertilizers from the Kingdom of Morocco, 35800-35801 2024-09586 Phosphate Fertilizers from the Russian Federation, 35794-35796 2024-09585 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China, 35792-35794 2024-09588 Wooden Cabinet and Vanities and Components Thereof from the People's Republic of China, 35785-35788 2024-09580 Wooden Cabinets and Vanities and Components Thereof from the People's Republic of China, 35782-35785 2024-09579 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

High Chrome Cast Iron Grinding Media from India, 35860-35861 2024-09509 Meetings; Sunshine Act, 35859 2024-09626 Justice Department Justice Department NOTICES Proposed Consent Decree, 35861 2024-09547 Land Land Management Bureau NOTICES Alaska Native Claims Selection, 35857-35858 2024-09488 Environmental Assessments; Availability, etc.: Worland Resource Management Plan; Realty Action: Proposed Non-Competitive Direct Sale of 1.0 Acre of Public Lands in Washakie County, Wy, 35855-35857 2024-09540 Protest Acceptance;

Oklahoma, 35857 2024-09324 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Northeast Multispecies Fishery; Framework Adjustment 66, 35755-35766 2024-09569 PROPOSED RULES Duration of Certain Permits and Letters of Confirmation under the Marine Mammal Protection Act, 35769-35772 2024-09258 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Commercial Fisheries Authorization under the Marine Mammal Protection Act, 35812-35813 2024-09484 Hearings, Meetings, Proceedings, etc.:

Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 35807 2024-09537 Schedule for Atlantic Highly Migratory Species Outreach Workshops; Correction, 35807-35808 2024-09592 Permits; Applications, Issuances, etc.: Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Exempted Fishing Permits, 35813-35814 2024-09502 Marine Mammals, 35805-35807 2024-09531 Request for Comments: Sixth National Climate Assessment, 35808-35812 2024-09575 National Park National Park Service NOTICES Hearings, Meetings, Proceedings, etc.:

Advisory Committee on Reconciliation in Place Names, 35858-35859 2024-09515 Native American Graves Protection and Repatriation Review Committee, 35859 2024-09514 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 35861 2024-09634 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35820-35821 2024-09557 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.:

Vistra Operations Co., LLC, Luminant, Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2, 35861-35862 2024-09486 Licenses; Exemptions, Applications, Amendments, etc.: GE-Hitachi Nuclear Energy Americas, LLC and NorthStar Vallecitos, LLC, Vallecitos Nuclear Center, 35862-35864 2024-09487 Economic Affairs Office of the Under-Secretary for Economic Affairs NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Concrete Masonry Products Research, Education, and Promotion Evaluation and Compliance and Membership Application Forms, 35775-35776 2024-09481 Postal Service Postal Service RULES Commercial Mail Receiving Agencies Clarification, 35716-35717 2024-06989 NOTICES Product Change:

Priority Mail and USPS Ground Advantage Negotiated Service Agreement, 35864-35866 2024-09496 2024-09497 2024-09498 2024-09499 2024-09500 2024-09501 Priority Mail Express, Priority Mail, and USPS Ground Advantage Negotiated Service Agreement, 35864-35866 2024-09491 2024-09492 2024-09493 2024-09494 2024-09495 Priority Mail, USPS Ground Advantage and Parcel Select Negotiated Service Agreement, 35865 2024-09490 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Cboe BYX Exchange, Inc., 35908-35909 2024-09474 Cboe BZX Exchange, Inc., 35866-35868 2024-09472 Miami International Securities Exchange, LLC, 35868-35879, 35909-35918 2024-09470 2024-09475 MIAX Emerald LLC, 35879-35899 2024-09473 2024-09477 MIAX PEARL, LLC, 35899-35908 2024-09471 Small Business Small Business Administration RULES Microloan Program: Changes to the Microloan Program under the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, 35688-35690 2024-09520 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 35918-35919 2024-09519 Disaster Declaration: Alaska, 35918 2024-09517 Surface Transportation Surface Transportation Board NOTICES Adverse Abandonment: Great Redwood Trail Agency, Mendocino Railway in Mendocino County, CA, 35919-35920 2024-09578 Exemption: Lease and Operation Containing Interchange Commitment; East Ohio Valley Railway LLC, Norfolk Southern Railway Co., 35920 2024-09577 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 35927 2024-09550 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Dependency and Indemnity Compensation by Parent(s) (Including Accrued Benefits and Death Compensation when Applicable), 35927-35928 2024-09543 Claim for Reimbursement of Travel Expenses, 35928-35929 2024-09560 Employment Questionnaire, 35932 2024-09583 Disciplinary Appeals Board Panel, 35928 2024-09561 Privacy Act;

Systems of Records, 35929-35932 2024-09529 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 35934-36649 2024-07567 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. 89 86 Thursday, May 2, 2024 Rules and Regulations FEDERAL ELECTION COMMISSION 11 CFR Part 4 [Notice 2024-13] FOIA Improvement Act AGENCY:

Federal Election Commission. ACTION: Interim final rule; request for comments. SUMMARY: Congress enacted the FOIA Improvement Act of 2016, which amends the Freedom of Information Act, as relevant here, to require Federal agencies to change how certain records and documents are made available for public inspection. The Commission is amending its regulations to implement this statutory mandate. The Commission is accepting comments on these revisions to its regulations, and any comments received may be addressed in a subsequent rulemaking document.

DATES: Effective July 1, 2024. Comments must be received on or before June 3, 2024. ADDRESSES: All comments should be addressed to Ms. Amy L. Rothstein, Assistant General Counsel, and must be submitted in either written or electronic form. Commenters are encouraged to submit comments electronically via the Commission's website at *https://sers.fec.gov/fosers,* reference REG 2024-02. Alternatively, comments may be submitted in paper form addressed to the Federal Election Commission, Attn.:

Ms. Amy L. Rothstein, Assistant General Counsel, 1050 First Street NE, Washington, DC. Each commenter must provide, at a minimum, the commenter's first name, last name, city, and state. All properly submitted comments, including attachments, will become part of the public record, and the Commission will make comments available for public viewing on the Commission's website and in the Commission's Public Records Office. Accordingly, commenters should not provide in their comments any information that they do not wish to make public, such as a home street address, personal email address, date of birth, phone number, social security number, or driver's license number, or any information that is restricted from disclosure, such as trade secrets or commercial or financial information that is privileged or confidential.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Rothstein, Assistant General Counsel, Ms. Joanna Waldstreicher or Ms. Sarah Herman Peck, Attorneys,

(202)694-1650 or

(800)424-9530. SUPPLEMENTARY INFORMATION: A. Background The FOIA Improvement Act of 2016 (the “FOIA Improvement Act”) amends the Freedom of Information Act (“FOIA”), as relevant here, to require Federal agencies to change how certain records and documents are made available for public inspection. 1 In particular, the FOIA Improvement Act directs Federal agencies to make certain records available in electronic format for public inspection; prohibits, subject to exception, an agency from charging fees to a FOIA requester if the agency misses a deadline after receiving a FOIA request; requires agencies to notify FOIA requesters who have received adverse determinations about their right to seek dispute resolution services; prohibits agencies from withholding information requested under FOIA unless the agencies reasonably foresee that disclosure would harm an interest protected by a FOIA exemption or the disclosure is prohibited by law; requires agencies withholding information requested under FOIA to consider whether partial disclosure is possible; and eliminates an exemption from disclosure under FOIA of certain agency records created at least 25 years before the date of the FOIA request. 2 The FOIA Improvement Act also explicitly directs the head of each Federal agency to promulgate regulations to implement these changes to its FOIA practices. 3 1 Public Law 114-185, 130 Stat. 538 (2016). 2 *Id.* sec. 2. 3 *Id.* sec. 3. To implement the FOIA Improvement Act's mandates, the Commission is now amending 11 CFR 4.4 through 4.5 and 4.7 through 4.9, setting forth the Commission's obligations and procedures for disclosing documents under FOIA. Before final promulgation of any rules or regulations to carry out the provisions of the Federal Election Campaign Act, the Commission transmits the rules or regulations to the Speaker of the House of Representatives and the President of the Senate for a thirty-legislative-day review period. 4 The effective date of this final rule is July 1, 2024. The Commission welcomes public comment on this interim final rule and may address any comments received in a later rulemaking document. 4 52 U.S.C. 30111(d)(2). The Commission is promulgating these amendments without advance notice or an opportunity for comment because they fall under the “good cause” exemption of the Administrative Procedure Act. 5 The Commission finds that notice and comment are unnecessary here because the changes are technical amendments to conform with explicit statutory requirements. Amending these regulatory provisions does not involve any exercise of discretion by the Commission. Moreover, because Congress has already enacted the changes to FOIA through the FOIA Improvement Act, the new “administrative rule is a routine determination, insignificant in nature and impact, and inconsequential to the industry and to the public.” 6 For these reasons, the Commission is not required to publish a notice of proposed rulemaking to promulgate these regulatory provisions. 5 5 U.S.C. 553(b)(B). 6 *See Mack Trucks, Inc.* v. *EPA,* 682 F.3d 87, 94 (D.C. Cir. 2012) (internal citation omitted). For the same reasons, these amendments fall within the “good cause” exception to the delayed effective date provisions of the Administrative Procedure Act and the Congressional Review Act. 7 Moreover, because this amendment is exempt from the notice and comment procedure of the Administrative Procedure Act under 5 U.S.C. 553(b), the Commission is not required to conduct a regulatory flexibility analysis under 5 U.S.C. 603 or 604. 8 7 5 U.S.C. 553(d)(3), 808(2). 8 *See* 5 U.S.C. 601(2), 604(a). B. Revisions to 11 CFR Part 4—Public Records and the Freedom of Information Act Part 4 of the Commission regulations sets forth the Commission's public records obligations under FOIA. Section 4.4 requires the Commission to make specific categories of materials available for public inspection, subject to exceptions outlined in 11 CFR 4.5. 9 Section 4.7 specifies the framework for requesting access to Commission records, and the appeal process for denied requests is delineated in 11 CFR 4.8. Notice requirements for any associated fees is provided in 11 CFR 4.9. The Commission is amending each of these five sections within 11 CFR part 4 pursuant to the FOIA Improvement Act. 9 Exempt documents include records that are classified, records that relate to internal personnel rules, records that are exempted by statute, records that contain trade secrets or commercial or financial information that is privileged or confidential, certain inter-agency or intra-agency documents, personnel and medical files, and certain records compiled for law enforcement purposes. (i). Revisions to 11 CFR 4.4—Availability of Records The Commission is amending 11 CFR 4.4(a) and

(c)and adding new paragraph

(h)to reflect new standards for the availability of certain records. First, current 11 CFR 4.4(a) requires the Commission to make certain materials available for public inspection and copying. The Commission is amending paragraph

(a)to provide that the Commission will make those materials available for public inspection in an electronic format. Second, current 11 CFR 4.4(a)(4) requires the Commission to make available for public inspection copies of all records that have been released to any person under paragraph

(a)and which the agency has determined have become or are likely to become the subject of subsequent requests. The Commission is amending paragraph (a)(4) to provide that the Commission will make available for public inspection copies of all records that have been released to any person under paragraph

(a)three or more times or which the agency determines have become or are likely to become subject to subsequent requests. Third, current 11 CFR 4.4(c) provides, in part, that the Commission must maintain and make available current indexes providing identifying information regarding any matter issued, adopted, or promulgated after April 15, 1975, as required by 5 U.S.C. 552(a)(2)(C) and (E). The Commission is amending paragraph

(c)to provide that these indexes will be made available in an electronic format. Lastly, the Commission is adding new 11 CFR 4.4(h) to provide that the Commission will withhold releasing information under § 4.4 only if the Commission reasonably foresees that disclosure would harm an interest protected by an exemption listed in 11 CFR 4.5(a) or disclosure is prohibited by law. New paragraph

(h)also provides that, when the Commission determines full disclosure of a requested record is not possible, the Commission will consider whether partial disclosure is possible and will take reasonable steps necessary to segregate and release nonexempt information. (ii). Revisions to 11 CFR 4.5—Categories of Exemptions Current 11 CFR 4.5(a)(5) provides that no FOIA request will be denied release unless the record contains, or its disclosure would reveal, inter-agency or intra-agency memoranda or letters that would not be available by law to a party in litigation with the Commission. The Commission is amending this provision to specify that the exemption applies only to documents not available to a party other than an agency in litigation with the Commission, and that the deliberative process privilege will not apply to records created 25 years or more before the request date, consistent with the FOIA Improvement Act. (iii). Revisions to 11 CFR 4.7—Requests for Records The Commission is amending 11 CFR 4.7(c) and

(h)and adding paragraph

(j)to include new requirements for notifying requesters about the status of a request. First, current 11 CFR 4.7(c) requires the Commission to determine, within twenty working days after receiving a request or granting an appeal, whether to comply with the request, unless in unusual circumstances the time is extended or subject to § 4.9(f)(3), which governs advance payments. The Commission is amending 11 CFR 4.7(c) to provide that the Commission will immediately notify the requester of the determination, the reasons therefore, and the requester's right to seek assistance from the Commission's FOIA Public Liaison and to seek dispute resolution services from the National Archives and Records Administration (“NARA”), Office of Government Information Services. Second, current 11 CFR 4.7(h) provides that any person denied access to records by the Commission must be notified immediately, stating the reasons for the denial. The notice must also state that the person denied access to records may appeal the adverse determination to the Commission. The Commission is amending this paragraph to provide that the person denied access will be notified of that person's right to appeal within 90 days from the date of the adverse determination. Such notice also must state that the person denied access to records may seek dispute resolution services from the Commission's FOIA Public Liaison or NARA's Office of Government Information Services. Finally, the Commission is adding 11 CFR 4.7(j) to explain the role of, and provide contact information for, the FOIA Public Liaison. (iv). Revisions to 11 CFR 4.8—Mediation Services and Appeal of Denial The Commission is amending 11 CFR 4.8 by adding paragraph (h), which will notify requesters that they may seek non-compulsory, non-binding mediation services to help resolve FOIA disputes. The Commission is also amending the heading of 11 CFR 4.8 to reflect the availability of such mediation services. (v). Revisions to 11 CFR 4.9—Fees Finally, the Commission is amending 11 CFR 4.9(a), which lists exceptions to fee charges. The Commission is adding paragraph (a)(5) to address time limits for compliance. New 11 CFR 4.9(a)(5)(i) provides that the Commission will not charge a fee to any requester if the Commission does not comply with the time limits in 11 CFR 4.7(c) or 4.8(f). New 11 CFR 4.9(a)(5)(ii) provides that a failure to comply with the time limits is excused for another ten days if the Commission has determined that unusual circumstances (as defined in 5 U.S.C. 552(a)(6)(B)(i) and 11 CFR 4.7(c)) apply and has provided timely written notice to the requester under 11 CFR 4.7(c). New 11 CFR 4.9(a)(5)(ii) further provides that the Commission may not assess any search or duplication fees if it fails to comply with the extended time period. New 11 CFR 4.9(a)(5)(iii) describes the circumstances under which the Commission may charge search or duplication fees after determining that unusual circumstances apply and more than 5,000 pages are necessary to respond to the request. Finally, new 11 CFR 4.9(a)(5)(iv) provides that when a court has determined that exceptional circumstances exist, a failure to comply with the time limit shall be excused for the length of time provided by the court's order. List of Subjects in 11 CFR Part 4 Freedom of information. For the reasons set out in the preamble, the Federal Election Commission amends 11 CFR chapter I, as follows: PART 4—PUBLIC RECORDS AND THE FREEDOM OF INFORMATION ACT 1. The authority citation for part 4 continues to read as follows: Authority: 5 U.S.C. 552, as amended. 2. Amend § 4.4 by revising paragraphs

(a)introductory text, (a)(4) and (c), and adding paragraph

(h)to read as follows: § 4.4 Availability of records.

(a)In accordance with 5 U.S.C. 552(a)(2), the Commission shall make the following materials available for public inspection in an electronic format:

(4)Copies of all records, regardless of form or format, which have been released to any person under this paragraph

(a)and;

(i)Which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records, or

(ii)Which have been requested three or more times; and

(c)The Commission shall maintain and make available for public inspection in an electronic format current indexes and supplements providing identifying information regarding any matter issued, adopted, or promulgated after April 15, 1975, as required by 5 U.S.C. 552(a)(2)(C) and (E). These indexes and supplements shall be published and made available on at least a quarterly basis for public distribution unless the Commission determines by Notice in the **Federal Register** that publication would be unnecessary, impracticable, or not feasible due to budgetary considerations. Nevertheless, copies of any index or supplement shall be made available upon request at a cost not to exceed the direct cost of duplication.

(h)The Commission will withhold information under this section only if the Commission reasonably foresees that disclosure would harm an interest protected by an exemption described in § 4.5(a); or disclosure is prohibited by law. The Commission will consider whether partial disclosure of information is possible whenever it determines that full disclosure of a requested record is not possible, and the Commission will take reasonable steps necessary to segregate and release nonexempt information. 3. Amend § 4.5 by revising paragraph (a)(5) to read as follows: § 4.5 Categories of exemptions.

(a)* * *

(5)Inter-agency or intra-agency memoranda or letters which would not be available by law to a party other than an agency in litigation with the Commission, provided that the deliberative process privilege shall not apply to records created 25 years or more before the date on which the records were requested. 4. Amend § 4.7 by revising paragraphs

(c)introductory text and

(h)and adding paragraph

(j)to read as follows: § 4.7 Requests for records.

(c)The Commission shall determine within twenty working days after receipt of a request, or twenty working days after an appeal is granted, whether to comply with such request, unless in unusual circumstances the time is extended or subject to § 4.9(f)(3), which governs advance payments. The Commission shall immediately notify the requester of such determination, the reasons therefor, and the right of the requester to seek assistance from the FOIA Public Liaison for the Commission and to seek dispute resolution services from the Office of Government Information Services. In the event the time is extended, the requester shall be notified of the reasons for the extension and the date on which a determination is expected to be made, but in no case shall the extended time exceed ten working days. An extension may be made if it is—

(h)Any person denied access to records by the Commission shall be notified immediately giving reasons therefor, and notified of the right of such person to appeal such adverse determination to the Commission within 90 days from the date of the adverse determination and the right of such person to seek dispute resolution services from the FOIA Public Liaison for the Commission or the Office of Government Information Services.

(j)The FOIA Public Liaison is responsible for reducing delays, increasing transparency and understanding of the status of requests, and assisting in the resolution of disputes. The FOIA Public Liaison may be contacted at the address identified in the definition of “Commission” in § 1.2 of this chapter. 5. Amend § 4.8 by revising the section heading and adding paragraph

(h)to read as follows: § 4.8 Mediation services and appeal of denial.

(h)The National Archives and Records Administration (NARA), Office of Government Information Services

(OGIS)offers non-compulsory, non-binding mediation services to help resolve FOIA disputes as a non-exclusive alternative to litigation. A requester may contact OGIS at: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001; email: *ogis@nara.gov* ; telephone 202-741-5770; fax: 202-741-5769; online: *https://www.archives.gov/ogis* . 6. Amend § 4.9 by adding paragraph (a)(5) to read as follows: § 4.9 Fees.

(a)* * *

(5)*Time limit for compliance.*

(i)The Commission will not charge a fee under this section to any requester if the Commission does not comply with the time limits in § 4.7(c) or § 4.8(f).

(ii)If the Commission has determined that unusual circumstances (as defined in 5 U.S.C. 552(a)(6)(B)(iii) and § 4.7(c)(1) through (3)) apply and the Commission provided timely written notification to the requester in accordance with § 4.7(c), a failure to comply with the time limit is excused for an additional 10 days. If the Commission fails to comply with the extended time limit, the Commission may not assess any search fees or, where applicable, duplication fees.

(iii)If the Commission has determined that unusual circumstances apply and more than 5,000 pages are necessary to respond to the request, the Commission may charge search fees or, where applicable, duplication fees, if the Commission has provided timely written notification to the requester in accordance with § 4.7(c) and the Commission has discussed with the requester via written mail, electronic mail, 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 § 4.7(d).

(iv)If a court has determined that exceptional circumstances exist, a failure to comply with the time limit shall be excused for the length of time provided by the court order. Dated: April 18, 2024. On behalf of the Commission. Sean J. Cooksey, Chairman, Federal Election Commission. [FR Doc. 2024-08700 Filed 5-1-24; 8:45 am]

Connections34 off-index

34 references not yet in our index

11 CFR 4
Pub. L. 114-185
130 Stat. 538
11 CFR 4.4
52 USC 30111(d)(2)
5 USC 553(b)(B)
682 F.3d 87
5 USC 553(b)
5 USC 603
5 USC 553(d)(3)
5 USC 601(2)
11 CFR 4.5
11 CFR 4.8
11 CFR 4.9
11 CFR 4.4(a)
11 CFR 4.4(a)(4)
11 CFR 4.4(c)
5 USC 552(a)(2)(C)
11 CFR 4.4(h)
11 CFR 4.5(a)
11 CFR 4.5(a)(5)
11 CFR 4.7
11 CFR 4.7(c)
11 CFR 4.7(h)
11 CFR 4.7(j)
11 CFR 4.9(a)
11 CFR 4.9(a)(5)(i)
11 CFR 4.9(a)(5)(ii)
5 USC 552(a)(6)(B)(i)
11 CFR 4.9(a)(5)(iii)
11 CFR 4.9(a)(5)(iv)
5 USC 552
5 USC 552(a)(2)
5 USC 552(a)(6)(B)(iii)

Citation graph

cites case law

Unknown

Interim final rule; request for comments

F. App'x682 F.3d 87

Cite11 CFR 4

Pub. L.Pub. L. 114-185

Stat.130 Stat. 538

Cite11 CFR 4.4

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