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2017-12775

  • Federal Register, Volume 82 Issue 117 (Tuesday, June 20, 2017)

    [Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]

    [Rules and Regulations]

    [Pages 28001-28005]

    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

    [FR Doc No: 2017-12775]

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    COMMODITY FUTURES TRADING COMMISSION

    17 CFR Part 145

    RIN 3038-AE57

    Revisions to Freedom of Information Act Regulations

    AGENCY: Commodity Futures Trading Commission.

    ACTION: Interim final rule with request for comments.

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    SUMMARY: The Commodity Futures Trading Commission (the ``Commission'')

    is revising certain provisions of its regulations for disclosing

    records under the Freedom of Information Act (``FOIA'') to comply with

    the FOIA Improvement Act of 2016. In addition, the regulations would

    streamline the language of procedural provisions concerning initial

    determinations and administrative appeals. The regulations have also

    been updated to incorporate changes in the Commission's administrative

    structure, remove superfluous verbiage, and correct inaccurate text.

    DATES: Effective Date: This rule is effective July 20, 2017.

    Comment Date: Comments must be received on or before August 21,

    2017.

    Comments submitted by mail will be accepted as timely if they are

    postmarked on or before that date.

    ADDRESSES: You may submit comments, identified by RIN 3038-AE57, by one

    of the following methods:

    CFTC Web site: https://comments.cftc.gov. Follow the

    instructions for submitting comments through the Comments Online

    process on the Web site.

    Mail: Christopher Kirkpatrick, Secretary of the

    Commission, Commodity Futures Trading Commission, Three Lafayette

    Centre, 1155 21st Street NW., Washington, DC 20581.

    Hand Delivery/Courier: Same as Mail, above.

    Federal eRulemaking Portal: http://www.regulations.gov.

    Follow the instructions for submitting comments.

    Please submit your comments using only one method.

    Instructions: All submissions received must include the agency name

    and RIN number for this rulemaking. For additional details on

    submitting comments, see the ``Public Participation'' heading of the

    SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT: Candace Ambrose, Counsel, Office of

    the General Counsel, (202) 418-5192.

    SUPPLEMENTARY INFORMATION: This rule revises the Commission's FOIA

    regulations to incorporate certain changes codified by the FOIA

    Improvement Act of 2016, Public Law 114-185, 130 Stat. 538 (June 30,

    2016) (``Act''). The Act requires each agency to review its regulations

    and issue new regulations in accordance with the Act's provisions. The

    Act requires agencies to notify requesters of the availability of

    dispute resolution services from the agency's FOIA Public Liaison and

    the National Archives and Records Administration's Office of Government

    Information Services (``OGIS''). The Act also incorporates the

    Department of Justice's foreseeable harm standard, specifying that an

    agency shall withhold information only if the agency reasonably

    foresees that disclosure would harm an interest protected by an

    exemption. 5 U.S.C. 552(a)(8)(A)(i)(I). This provision requires

    agencies to consider whether partial disclosure is possible and to take

    reasonable steps to segregate and release nonexempt information. In

    accordance with the Act, this rule incorporates the sunset provision

    for the deliberative process privilege. The Act also increases the time

    limit for requesters to file an administrative appeal to 90 days. This

    rule updates the Commission's regulations in 17 CFR part 145 to

    incorporate those statutory changes. This rule also contains several

    technical amendments to reflect the Commission's current organizational

    structure, eliminate unnecessary text, and correct erroneous citations.

    Section 145.0 (Definitions) is revised to (1) eliminate the term

    Assistant Secretary because the position referred to--Assistant

    Secretary of the Commission for FOI, Privacy, and Sunshine Acts

    Compliance--is defunct; (2) update the definition of Compliance Staff

    to reflect the current organizational structure; and (3) add paragraph

    letters before each defined term for easier cross-reference throughout

    part 145.

    Section 145.4 (Public records available with identifying details

    deleted; nonpublic records available in abridged or summary form) is

    revised to update cross-references with the paragraph letters

    corresponding to the defined terms.

    Section 145.5 (Disclosure of nonpublic records) is revised to

    incorporate the foreseeable harm standard codified by the Act, which

    provides that an agency shall withhold information under FOIA only if

    the agency reasonably foresees that disclosure would harm an interest

    protected by an exemption, or disclosure is prohibited by law. This

    section is also revised to reflect the requirement in the Act that

    agencies consider whether partial disclosure of information is possible

    whenever agencies determine that full disclosure of a requested record

    is not possible.

    Paragraph (e) of Sec. 145.5 is revised to include the three

    traditional privileges incorporated into Exemption 5 of FOIA and to

    conform to the requirement of the Act which states that the

    deliberative process privilege shall not apply to records created 25

    years or more before the date on which the records were requested. This

    paragraph is also revised to remove superfluous text concerning

    Exemption 5.

    Section 145.6 (Commission offices to contact for assistance;

    registration records available) is revised to reflect the current

    addressee for requests for non-public records and to reflect the

    current addresses for the regional offices.

    Paragraph (b) of Sec. 145.7 (Requests for Commission records and

    copies thereof) is revised to indicate to whom requests for nonpublic

    records should be addressed and to delete references to Assistant

    Secretary of the Commission for FOI, Privacy and Sunshine Acts

    Compliance since that position is defunct, as noted above.

    Paragraph (c) of Sec. 145.7 is revised to remove oral requests for

    records because requests for records should be submitted in a written

    format for record keeping purposes and to eliminate unnecessary text

    concerning misdirected requests.

    Paragraph (f) of Sec. 145.7 is revised to replace the term

    Assistant Secretary with Office of General Counsel because the

    Assistant Secretary of the Commission for FOI, Privacy and Sunshine

    Acts Compliance position is defunct.

    Paragraph (g) of Sec. 145.7 is revised to correct erroneous text

    and to replace the term Assistant Secretary with Office of General

    Counsel because the Assistant Secretary of the Commission for FOI,

    Privacy and Sunshine Acts Compliance position is defunct.

    Paragraph (h) of Sec. 145.7 is revised to replace references to

    Assistant Secretary with the term Compliance Staff or Office of General

    Counsel where appropriate. This paragraph is also revised to

    incorporate the Act's requirement that

    [[Page 28002]]

    an affirmative determination informs the requester of the availability

    of assistance from the FOIA Public Liaison. Additionally, this

    paragraph is revised to incorporate the Act's requirement that an

    adverse determination informs the requester of the right to seek

    dispute resolution services from the FOIA Public Liaison and from OGIS.

    Further, this paragraph is revised to provide requesters an opportunity

    to modify the request and to seek assistance from the FOIA Public

    Liaison if the request involves unusual circumstances. This paragraph

    is also revised to conform to the requirement under the Act that

    agencies inform requesters of the right to seek dispute resolution

    services from OGIS if the request involves unusual circumstances.

    Paragraph (i) of Sec. 145.7 is revised to extend the time to file

    an administrative appeal to 90 days in conformity with the Act.

    Further, this paragraph is revised to include the requirement under the

    Act to inform the requester of mediation services offered by OGIS. This

    paragraph is also revised to streamline the process for administrative

    reviews and to replace the term Assistant Secretary with the term

    Compliance Staff because the Assistant Secretary of the Commission for

    FOI, Privacy and Sunshine Acts Compliance position is defunct.

    Moreover, this paragraph corrects typographical errors.

    Paragraph (j) of Sec. 145.7 is revised to replace the term

    Assistant Secretary with the term Compliance Staff because the

    Assistant Secretary of the Commission for FOI, Privacy and Sunshine

    Acts Compliance position is defunct.

    Section 145.8 (Fees for records services) is revised to replace the

    term Assistant Secretary with the term Compliance Staff because the

    Assistant Secretary of the Commission for FOI, Privacy and Sunshine

    Acts Compliance position is defunct.

    Public Participation

    The Commission is issuing an interim rule to revise its FOIA

    regulations because these changes merely reflect the statutory

    amendments to FOIA that are contained in the Act. This approach enables

    these regulatory changes to take effect sooner than would be possible

    with the publication of a Notice of Proposed Rulemaking in advance.

    Nonetheless, the Commission welcomes public comments from interested

    persons regarding any aspect of the changes made by this interim final

    rule. Please refer to the ADDRESSES section above. The Commission will

    consider all public comments in drafting the final rule.

    All comments must be submitted in English, or if not, accompanied

    by an English translation. Except as described below regarding

    confidential business information, all comments are considered part of

    the public record and will be posted as received to http://comments.cftc.gov for public inspection. The information made available

    online includes personal identifying information (such as name and

    address) which is voluntarily submitted by the commenter. You should

    submit only information that you wish to make available publicly.

    If you want to submit material that you consider to be confidential

    business information as part of your comment, but do not want it to be

    posted online, you must submit your comment by mail or hand delivery/

    courier and include a petition for confidential treatment as described

    in Sec. 145.9 of the Commission's regulations, 17 CFR 145.9.

    The Commission reserves the right, but shall have no obligation, to

    review, pre-screen, filter, redact, refuse or remove any or all of your

    submission from http://comments.cftc.gov that it may deem to be

    inappropriate for publication, such as obscene language. All

    submissions that have been redacted or removed that contain comments on

    the merits of the rulemaking will be retained in the rulemaking record

    and will be considered as required under the Administrative Procedure

    Act and other applicable laws, and may be accessible under the FOIA.

    Regulatory Certifications

    Administrative Procedure Act. The Administrative Procedure Act

    (``APA''), 5 U.S.C. 553 et seq., requires federal agencies to publish a

    notice of proposed rulemaking and provide an opportunity for public

    comment before issuing a new rule. Rules are exempt from notice and

    comment if they are interpretive rules, general statements of policy,

    or rules of agency organization, procedure, or practice. 5 U.S.C.

    553(b)(3)(A). The Commission has determined that this exception

    applies. The subject rules do not change the substantive standards the

    agency applies in implementing FOIA to the extent they conform to the

    changes codified in the Act. Also, the Commission has determined that

    the rules concern its organization, procedure, and practice because

    they make updates to accurately reflect the organizational structure of

    the agency. Furthermore, an agency may also issue a new rule without a

    pre-publication public comment period when it for ``good cause'' finds

    that prior notice and comment is ``impracticable, unnecessary, or

    contrary to the public interest.'' 5 U.S.C. 553(b)(3)(B). The

    Commission has determined that there is good cause to find that a pre-

    publication comment period is unnecessary. These revisions to the

    existing regulations in 17 CFR part 145 codify statutory changes and

    are technical-administrative in nature. For these reasons, the

    Commission's implementation of this rule as an interim final rule, with

    provision for post-promulgation public comment, is in accordance with

    section 553(b) of the APA.

    Regulatory Flexibility Act. The Regulatory Flexibility Act, 5

    U.S.C. 601 et seq., requires federal agencies to consider whether the

    rules they propose will have a significant economic impact on a

    substantial number of small entities and, if so, to provide a

    regulatory flexibility analysis regarding the economic impact on those

    entities. This rule amends the Commission's FOIA regulations to

    incorporate certain statutory changes required by the Act, and to

    reflect updates to the Commission's internal administrative structure

    and to make editorial changes to the regulations. Because the

    Commission is not required to publish a notice of proposed rulemaking

    for this rule, a regulatory flexibility analysis is not required. 5

    U.S.C. 603(a).

    Paperwork Reduction Act. The Paperwork Reduction Act (``PRA''), 5

    U.S.C. 3501 et seq., imposes certain requirements on federal agencies

    in connection with their conducting or sponsoring any collection of

    information. This rule does not contain any new collection of

    information requirements within the meaning of the PRA. Thus, the PRA

    is inapplicable to this rule.

    List of Subjects in 17 CFR Part 145

    Administrative practice and procedure, Freedom of information.

    For the reasons stated in the preamble, the Commodity Futures

    Trading Commission amends 17 CFR part 145 as set forth below:

    PART 145--COMMISSION RECORDS AND INFORMATION

    0

    1. The authority citation for part 145 is revised to read as follows:

    Authority: Pub. L. 99-570, 100 Stat. 3207; Pub. L. 89-554, 80

    Stat. 383; Pub. L. 90-23, 81 Stat. 54; Pub. L. 98-502, 88 Stat.

    1561-1564 (5 U.S.C. 552); Sec. 101(a), Pub. L. 93-463, 88 Stat. 1389

    (5 U.S.C. 4a(j)); Pub. L. 114-185, 130 Stat. 538; unless otherwise

    noted.

    Section 145.5 is also issued under 5 U.S.C. 552, 5 U.S.C. 552b,

    and secs. 2(a)(11), 4b, 4f,

    [[Page 28003]]

    4g, 5a, 8a, and 17 of the Commodity Exchange Act, 7 U.S.C. 2, 4a(j),

    6b, 6f, 6g, 7a, 12a, and 21, as amended, 92 Stat. 865 et seq.; secs.

    2(a)(1), 4c(a)-(d), 4d, 4f, 4g, 4k, 4m, 4n, 8a, 15 and 17, Commodity

    Exchange Act (7 U.S.C. 2, 4, 6c(a)-(d), 6f, 6g, 6k, 6m, 6n, 12a, 19

    and 21; 5 U.S.C. 552 and 552b); secs. 2(a)(11) and 8 of the

    Commodity Exchange Act, 7 U.S.C. 4(j) and 12 (1983); secs. 8a(5) and

    19 of the Commodity Exchange Act, as amended, 7 U.S.C. 12a(5) and 23

    (1982); 5 U.S.C. 552 and 552b.

    Section 145.6 is also issued under 7 U.S.C. 2, 4, 6, and 12;

    secs. 2(a)(1), 4c, 4d, 4e, 4f, 4k, 4m, 4n, 4p, 8, 8a and 19 of the

    Commodity Exchange Act (7 U.S.C. 2 and 4, 6c, 6d, 6e, 6f, 6k, 6m,

    6n, 6p, 12, 12a and 23 (1982)); 5 U.S.C. 552 and 552b.

    Section 145.8 is also issued under 7 U.S.C. 4a(j) and 16a as

    amended by Pub. L. 97-444, 96 Stat. 2294 (1983), and 5 U.S.C. 552,

    552a and 552b.

    0

    2. Revise Sec. 145.0 to read as follows:

    Sec. 145.0 Definitions.

    For the purposes of part 145 the following definitions are

    applicable:

    (a) Compliance staff--refers to the FOI Compliance Staff of the

    Office of General Counsel at the Commission's principal office in

    Washington, DC assigned to respond to requests for information and to

    handle various other matters under the Freedom of Information Act.

    (b) Public records--in addition to the records described in Sec.

    145.1 (material published in the Federal Register) and in Sec. 145.2

    (records required to be made publicly available under the Freedom of

    Information Act), includes those records that have been determined by

    the Commission to be generally available to the public directly upon

    oral or written request from the Commission office or division

    responsible for the maintenance of such records. A compilation of

    Commission records routinely available to the public upon request

    appears in appendix A to this part 145.

    (c) Nonpublic records--are records not identified in Sec. 145.1,

    Sec. 145.2, or appendix A of this part 145. Nonpublic records must be

    requested, in writing, in accordance with the provisions of Sec.

    145.7.

    (d) Record--is any information or agency record maintained by the

    Commission in any format, including an electronic format. It includes

    any document, writing, photograph, sound or magnetic recording,

    videotape, microfiche, drawing, or computer-stored information or

    output in the possession of the Commission. The term ``record'' does

    not include personal convenience materials over which the Commission

    has no control, such as appointment calendars and handwritten notes,

    which may be retained or destroyed at an employee's discretion.

    0

    3. Amend Sec. 145.4 by revising the first sentence of paragraph (a)

    and by revising paragraph (b) to read as follows:

    Sec. 145.4 Public records available with identifying details deleted;

    nonpublic records available in abridged or summary form.

    (a) To the extent required to prevent a clearly unwarranted

    invasion of personal privacy, the Commission may delete identifying

    details when it makes available ``public records'' as defined in Sec.

    145.0(b). * * *

    (b) Certain ``nonpublic records,'' as defined in Sec. 145.0(c),

    may, as authorized by the Commission, be made available for public

    inspection and copying in an abridged or summary form, with identifying

    details deleted.

    0

    4. In Sec. 145.5, revise the introductory text and paragraph (e) to

    read as follows:

    Sec. 145.5 Disclosure of nonpublic records.

    The Commission shall withhold information in ``nonpublic records,''

    as defined in Sec. 145.0(c), only if the Commission reasonably

    foresees that disclosure would harm an interest protected by an

    exemption described in paragraphs (a) through (i) of this section, or

    if disclosure is prohibited by law. The Commission shall consider

    whether partial disclosure of information is possible whenever the

    Commission determines that a full disclosure of the requested record is

    not possible. The Commission shall take reasonable steps necessary to

    segregate and release nonexempt information in ``nonpublic records''

    subject to a request under Sec. 145.7 if those portions do not fall

    within an exemption described in paragraphs (a) through (i) of this

    section.

    * * * * *

    (e) Inter-agency or intra-agency memoranda or letters, except those

    which by law would routinely be made available to a party other than an

    agency in litigation with the Commission. Exemption 5 (5 U.S.C.

    552(b)(5)) protects inter-agency or intra-agency communications that

    are protected by legal privileges, such as the attorney-client

    privilege, the attorney work-product privilege, and the deliberative

    process privilege. The deliberative process privilege shall not apply

    to records created 25 years or more before the date on which the

    records were requested.

    * * * * *

    0

    5. In Sec. 145.6, revise paragraph (a) to read as follows:

    Sec. 145.6 Commission offices to contact for assistance; registration

    records available.

    (a) All requests for non-public records shall be made in writing

    and shall be addressed or otherwise directed to the Office of General

    Counsel, Commodity Futures Trading Commission, Three Lafayette Centre,

    1155 21st Street NW., Washington, DC 20581. Requests for public records

    directed to a regional office of the Commission pursuant to Sec. 145.2

    should be sent to:

    Commodity Futures Trading Commission, 140 Broadway, 19th Floor, New

    York, New York 10005, Telephone: (646) 746-9700.

    Commodity Futures Trading Commission, 525 West Monroe Street, Suite

    1100, Chicago, Illinois 60661, Telephone: (312) 596-0700.

    Commodity Futures Trading Commission, 4900 Main Street, Suite 500,

    Kansas City, Missouri 64112, Telephone: (816) 960-7700.

    * * * * *

    0

    6. Amend Sec. 145.7 as follows:

    0

    a. Revise paragraphs (b), (c), (f), and (g);

    0

    b. Revise paragraphs (h)(1) and (2) and paragraph (h)(3) introductory

    text;

    0

    c. Revise paragraphs (i)(2) and (5), (i)(6) introductory text, and

    (i)(6)(iii) and (i)(7); and

    0

    d. Revise paragraph (j).

    The revisions read as follows:

    Sec. 145.7 Requests for Commission records and copies thereof.

    * * * * *

    (b) Requests for nonpublic records. Except as provided in paragraph

    (a) of this section with respect to public records, all requests for

    records maintained by the Commission shall be in writing, shall be

    addressed to the Office of General Counsel of the Commission and shall

    be clearly marked ``Freedom of Information Act Request.''

    (c) Misdirected written requests. The Commission cannot ensure that

    a timely or satisfactory response will be given to requests for records

    that are directed to the Commission other than in the manner prescribed

    in paragraph (b) of this section. Any misdirected written request for

    nonpublic records should be promptly forwarded to the Office of General

    Counsel of the Commission. Misdirected requests for nonpublic records

    will be considered to have been received for purposes of this section

    only when they actually have been received by the Office of General

    Counsel.

    * * * * *

    (f) Request for existing records. The Commission's response to a

    request for nonpublic records will encompass all

    [[Page 28004]]

    nonpublic records identifiable as responsive to the request that are in

    existence on the date that the written request is received by the

    Office of General Counsel. The Commission need not create a new record

    in response to a FOIA request.

    (g) Fee agreement. A request for copies of records pursuant to

    paragraph (b) of this section must indicate the requester's agreement

    to pay all fees that are associated with the processing of the request,

    in accordance with the rates set forth in appendix B to this part, or

    the requester's intention to limit the fees incurred to a stated

    amount. If the requester states a fee limitation, no work will be done

    that will result in fees beyond the stated amount. A requester who

    seeks a waiver or reduction of fees pursuant to paragraph (b) of

    appendix B of this part must show that such a waiver or reduction would

    be in the public interest. If the Office of General Counsel receives a

    request for records under paragraph (b) of this section from a

    requester who has not paid fees from a previous request in accordance

    with appendix B of this part, the staff will decline to process the

    request until such fees have been paid.

    (h) Initial determination, denials. (1) With respect to any request

    for nonpublic records as defined in Sec. 145.0(c), the Compliance

    Staff of the Commission will forward the request to the Commission

    divisions or offices likely to maintain records that are responsive to

    the request. If a responsive record is located, the Compliance Staff

    will, in consultation with the Commission office in which the record

    was located, determine whether to comply with such request. The

    Compliance Staff may, in their discretion, determine whether to comply

    with any portion of a request for nonpublic records before considering

    the remainder of the request. The Compliance Staff will inform the

    requester of the availability of the Commission's FOIA Public Liaison

    to offer assistance.

    (2) Where it is determined to deny, in whole or in part, a request

    for nonpublic records, the Compliance Staff will notify the requester

    of the denial, citing applicable exemptions of the Freedom of

    Information Act or other provisions of law that require or allow the

    records to be withheld. The Compliance Staff's response to the FOIA

    request should describe in general terms what categories of documents

    are being withheld under which applicable FOIA exemption or exemptions.

    The Compliance Staff's response will include a statement notifying the

    requester of the right to seek dispute resolution services from the

    Commission's FOIA Public Liaison and the National Archives and Records

    Administration's Office of Government Information Services. The

    Compliance Staff, in denying an initial request for records, is not

    required to provide the requester with an inventory of those documents

    determined to be exempt from disclosure.

    (3) The Compliance Staff will issue an initial determination with

    respect to a FOIA request within twenty business days after receipt by

    the Office of General Counsel. In unusual circumstances, as defined in

    this paragraph, the prescribed time limit may be extended by written

    notice to the person making a request for a record or a copy. The

    notice shall set forth the reasons for the extension and the date on

    which a determination is expected to be dispatched. Where the extension

    exceeds ten business days, the Compliance Staff will provide the

    requester with an opportunity to modify the request or arrange an

    alternative time period for processing the original or modified

    request. The Compliance Staff or the FOIA Public Liaison is available

    to assist the requester in unusual circumstances. The Compliance Staff

    will notify the requester of the right to seek dispute resolution

    services from the Office of Government Information Services. As used in

    this paragraph, ``unusual circumstances'' means, but only to the extent

    reasonably necessary to the proper processing of a particular request:

    * * * * *

    (i) * * *

    (2) An application for review must be received by the Office of

    General Counsel within 90 days of the date of the denial by the

    Compliance Staff. This 90-day period shall not begin to run until the

    Compliance Staff has issued an initial determination with respect to

    all portions of the request for nonpublic records. An application for

    review shall be in writing and shall be marked ``Freedom of Information

    Act Appeal'' and be sent to the Commission's Office of General Counsel.

    If the appeal involves information as to which the FOIA requester has

    received a detailed written justification of a request for confidential

    treatment pursuant to Sec. 145.9(e), the requester must also serve a

    copy of the appeal on the submitter of the information.

    * * * * *

    (5) If the appeal involves information that is subject to a

    petition for confidential treatment filed under Sec. 145.9, the

    submitter of the information shall have an opportunity to respond in

    writing to the appeal within 10 business days of the date of filing the

    appeal. Any response shall be sent to the Commission's Office of

    General Counsel. Copies shall be sent to the person requesting the

    information.

    (6) The General Counsel, or his or her designee, shall have the

    authority to consider all appeals under this section from initial

    determinations of the Compliance Staff of the Commission. The General

    Counsel, or his or her designee, may:

    * * * * *

    (iii) Remand the matter to the Compliance Staff--

    (A) To correct a deficiency in the initial processing of the

    request, or

    (B) When an investigation as to which the staff originally claimed

    exemption from mandatory disclosure on the basis of 5 U.S.C.

    555(b)(7)(A) or 7 U.S.C. 12(a) is subsequently closed; or

    * * * * *

    (7) If the initial denial of the request for nonpublic records is

    reversed, the Office of General Counsel shall, in writing, advise the

    requester that the records will be available on or after a specified

    date. If, on appeal, the denial of access to a record is affirmed in

    whole or in part, the person who requested the information shall be

    notified in writing of:

    (i) The reasons for the denial,

    (ii) The mediation services offered by the Office of Government

    Information Services as a non-exclusive alternative to litigation, and

    (iii) The provisions of 5 U.S.C. 552(a)(4) providing for judicial

    review of a determination to withhold records.

    (j) Expedited processing. A request may be given expedited

    processing if the requester demonstrates a compelling need for the

    requested records. For purposes of this provision, the term

    ``compelling need'' means: That a failure to obtain requested records

    on an expedited basis could reasonably be expected to pose an imminent

    threat to the life or physical safety of an individual; or with respect

    to a request made by a person primarily engaged in disseminating

    information, urgency to inform the public concerning actual or alleged

    federal government activity. A requester who seeks expedited processing

    must demonstrate a compelling need by submitting a statement that is

    certified by the requester to be true and correct to the best of that

    person's knowledge and belief. The Compliance Staff will determine

    whether to provide expedited processing, and notice of the

    determination will be provided to requester, within ten days after the

    date

    [[Page 28005]]

    of the request. If the request for expedited processing is denied, the

    requester may file an appeal with the Office of General Counsel within

    ten days of the date of the denial by the Compliance Staff. The Office

    of General Counsel will respond to the appeal within ten days after the

    date of the appeal.

    0

    7. Revise Sec. 145.8 to read as follows:

    Sec. 145.8 Fees for records services.

    A schedule of fees for record services, including locating, and

    making records available, and copying, appears in appendix B to this

    part. Copies of the schedule of fees may also be obtained upon request

    made in person, by telephone or by mail from the Compliance Staff or at

    any regional office of the Commission.

    Issued in Washington, DC, on June 14, 2017, by the Commission.

    Christopher J. Kirkpatrick,

    Secretary of the Commission.

    Note: The following appendix will not appear in the Code of

    Federal Regulations.

    Appendix to Revisions to Freedom of Information Act Regulations--

    Commission Voting Summary

    On this matter, Acting Chairman Giancarlo and Commissioner Bowen

    voted in the affirmative. No Commissioner voted in the negative.

    [FR Doc. 2017-12775 Filed 6-19-17; 8:45 am]

    BILLING CODE 6351-01-P

    Last Updated: June 20, 2017