71012 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Rules and Regulations 

(b) The number of convictions of the 

recipient’s employees for violating 

criminal drug statutes in the workplace 

is large enough to indicate that the 

recipient has failed to make a good faith 

effort to provide a drug-free workplace. 

§ 1401.605 How are violations of this part 

determined for recipients who are 

individuals? 

An individual recipient is in violation 

of the requirements of this part if the 

Director, PAM determines, in writing, 

that— 

(a) The recipient has violated the 

requirements of subpart C of this part; 

or 

(b) The recipient is convicted of a 

criminal drug offense resulting from a 

violation occurring during the conduct 

of any award activity. 

§ 1401.610 What actions will the Federal 

Government take against a recipient 

determined to have violated this part? 

If a recipient is determined to have 

violated this part, as described in 

§ 1401.600 or § 1401.605, DOI may take 

one or more of the following actions— 

(a) Suspension of payments under the 

award; 

(b) Suspension or termination of the 

award; and 

(c) Suspension or debarment of the 

recipient under 2 CFR part 180, for a 

period not to exceed five years. 

§ 1401.615 Are there any exceptions to 

those actions? 

The Secretary of the Interior may 

waive with respect to a particular 

award, in writing, a suspension of 

payments under an award, suspension 

or termination of an award, or 

suspension or debarment of a recipient 

if the Secretary of the Interior 

determines that such a waiver would be 

in the public interest. This exception 

authority cannot be delegated to any 

other official. 

TITLE 43—PUBLIC LANDS 

■ 2. In title 43, remove part 43. 

[FR Doc. 2010–29371 Filed 11–19–10; 8:45 am] 

BILLING CODE 4310–RK–P 

FEDERAL FINANCIAL INSTITUTIONS 

EXAMINATION COUNCIL 

12 CFR Part 1101 

[FFIEC–2010–0002] 

Description of Office, Procedures, and 

Public Information 

AGENCY: Federal Financial Institutions 

Examination Council. 

ACTION: Final rule. 

SUMMARY: The Federal Financial 

Institutions Examination Council 

(Council or FFIEC), on behalf of its 

members, is amending its Freedom of 

Information Act (FOIA) regulations. 

Among other things, this final rule 

revises the procedures to be used by 

members of the public in requesting 

records maintained by the Council, the 

time limits in which the Council must 

make a determination on disclosure in 

response to a request for records, and 

the time period in which a requester has 

the right to administratively appeal any 

adverse determination made on a 

request for records, and provides 

procedures to be used to request 

expedited processing of FOIA requests. 

DATES: Effective November 22, 2010. 

FOR FURTHER INFORMATION CONTACT: Paul 

Sanford, Executive Secretary, Federal 

Financial Institutions Examination 

Council, via telephone: (703) 516–5590, 

or via e-mail: PaSanford@FDIC.gov. 

SUPPLEMENTARY INFORMATION: The 

Council is publishing a final rule 

revising its regulations implementing 

the FOIA. On September 3, 2010, the 

Council published for comment a notice 

of proposed rulemaking (NPRM) in the 

Federal Register that proposed revisions 

to the Council’s regulations at 12 CFR 

part 1101, implementing the FOIA, 5 

U.S.C. 552, as amended. 75 FR 54052, 

September 3, 2010. Interested persons 

were afforded an opportunity to 

participate in the rulemaking process 

through submission of written 

comments on the NPRM. The Council 

received no public comments. The 

Council has reviewed the proposed 

regulations and adopts them in this final 

rule. 

I. Background 

The Council makes a number of 

substantive and technical changes to its 

regulations implementing the FOIA (5 

U.S.C. 552, as amended) that fall within 

two general categories. First, the 

Council modifies its existing regulations 

to reflect the amendments to the FOIA 

contained in the Electronic Freedom of 

Information Act Amendments of 1996, 

Public Law 104–231, 110 Stat. 3048, and 

the OPEN Government Act, Public Law 

110–175, 121 Stat. 2524. The Electronic 

Freedom of Information Act 

Amendments increased the FOIA’s basic 

time limit for agency responses to FOIA 

requests, and provided for expedited 

processing of FOIA requests under 

certain conditions, among other 

procedural revisions. The OPEN 

Government Act also amended various 

FOIA administrative procedures, such 

as when an agency may toll the 

statutory time for responding to FOIA 

requests, and how to indicate 

exemptions authorizing deletion of 

materials under the FOIA on a 

responsive record. 

Second, the Council revises its 

regulations to further clarify its policies 

and procedures relating to the 

processing of FOIA requests and the 

administration of its FOIA operations. 

II. Section-by-Section Analysis 

In 12 CFR 1101.3(e), the Council 

revises the paragraph by providing the 

current address of the Council’s offices. 

In 12 CFR 1101.4(a), the Council 

revises the paragraph by providing the 

current address of the Council’s offices 

and clarifying that Council policies and 

interpretations may be withheld from 

disclosure under exemptions to the 

FOIA. 

In 12 CFR 1101.4(b), the Council 

revises the wording of the section 

heading. 

In 12 CFR 1101.4(b)(1), the Council 

revises the wording of the paragraph to 

explain that Council records that are not 

published in the Federal Register or 

available for inspection and copying at 

the Council’s offices are available to the 

public upon request, except to the 

extent that such records are exempt 

from disclosure under the FOIA. 

In 12 CFR 1101.4(b)(1)(i), the Council 

capitalizes the word ‘‘Order’’ when 

referring to an Executive Order. 

In 12 CFR 1101.4(b)(1)(v), the Council 

adds language to protect from disclosure 

records of deliberations and meetings of 

the Council, its committees, and staff, 

that are not subject to the Government 

in the Sunshine Act, 5 U.S.C. 552b. 

In 12 CFR 1101.4(b)(1)(vii), the 

Council revises the paragraph by 

substituting a reference to the statutory 

citation for Exemption 7 of the FOIA, 

5 U.S.C. 552(b)(7), for the list of the 

specific substantive provisions of the 

exemption in the existing regulation. In 

addition, the term ‘‘state or federal’’ has 

been inserted to clarify that records of 

state financial regulatory agencies in the 

possession of the Council are exempt 

from disclosure under Exemption 7, as 

are the records of federal regulatory 

agencies. 

In 12 CFR 101.4(b)(1)(viii), the 

Council revises the paragraph by 

eliminating a listing of the types of 

financial institutions covered by 

Exemption 8 of the FOIA, 5 U.S.C. 

552(b)(8), and inserting the term ‘‘state 

or federal’’ to clarify that records of state 

financial regulatory agencies in the 

possession of the Council are exempt 

from disclosure under Exemption 8. 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Rules and Regulations 71013 

In 12 CFR 1101.4(b)(2), the Council 

revises the heading to reflect current 

FOIA terminology concerning 

discretionary releases of exempt 

information. 

In 12 CFR 1101.4(b)(3)(i), the Council 

revises the paragraph to provide the 

current address of the Council’s offices, 

to allow the submission of FOIA 

requests by facsimile and e-mail, and to 

require that requests reasonably 

describe the records sought. 

In 12 CFR 1101.4(b)(3)(ii) the Council 

revises the paragraph to specify the 

information that a request must contain 

in order to be considered a ‘‘proper 

FOIA request’’ (i.e., a request to which 

a response is required). In addition, the 

Council revises the paragraph to require 

a requester to identify whether the 

information sought by a FOIA request is 

requested for commercial use, and 

whether the requester is an educational 

or noncommercial scientific institution, 

or news media representative, and to 

address the payment of fees. 

In 12 CFR 1101.4(b)(3)(iii), the 

Council modifies the language of the 

paragraph to clarify that the Council 

need not accept or process a defective 

FOIA request, and to provide that such 

a request may be returned to the 

requester specifying the deficiency. 

In 12 CFR 1101.4(b)(3)(iv), the 

Council adds a procedure to request the 

expedited treatment of FOIA requests. A 

requester seeking to have the processing 

of a request expedited must show a 

compelling need for expedited 

processing. 

In 12 CFR 1101.4(b)(3)(v), the Council 

revises its procedures to increase the 

time limit in which the Council must 

respond to a FOIA request from 10 

working days to 20 working days in 

accordance with the Electronic Freedom 

of Information Act Amendments, and to 

clarify what information the Council’s 

response to a FOIA request must 

contain. 

In 12 CFR 1101.4(b)(3)(vi), the 

Council revises the paragraph to shorten 

the time period in which an 

administrative appeal of a denied 

request may be brought from 35 

calendar days to 10 working days, to 

provide for the filing of administrative 

appeals by facsimile, and to update the 

mailing address of the Council. 

In 12 CFR 1101.4(b)(3)(vii), the 

Council revises the paragraph to clarify 

that the time in which the Council has 

to respond to an appeal runs from the 

actual receipt of the appeal by the 

Executive Secretary of the Council. 

In 12 CFR 1101.4(b)(4)(i), the Council 

designates the existing paragraph, 12 

CFR 1101.4(b)(4), as paragraph 

1101.4(b)(4)(i), and makes a minor 

grammatical change to the language of 

the paragraph. 

The Council adds 12 CFR 

1101.4(b)(4)(ii), which provides that if 

the responsive records are to be 

delivered to the requester, they will be 

mailed to the requester unless the 

Executive Secretary of the Council 

determines that it is appropriate to send 

the records by some other means. 

The Council adds 12 CFR 

1101.4(b)(4)(iii), which indicates that 

the Council will provide a copy of a 

responsive record in the format 

requested by the requester if the record 

is ‘‘readily reproducible’’ in that format. 

The Council adds 12 CFR 

1101.4(b)(4)(iv) to permit records to be 

provided electronically, and to provide 

that if the information is subject to the 

Privacy Act, 5 U.S.C. 552a, it will not 

be sent electronically unless ‘‘reasonable 

security measures’’ can be established. 

In 12 CFR 1101.4(b)(5)(i)(C), the 

Council revises the definition of the 

term ‘‘Duplication’’ to provide examples 

of the forms of document reproduction 

that may be used by the Council. 

In 12 CFR 1101.4(b)(5)(i)(D), the 

Council makes a minor change to the 

wording of the paragraph replacing the 

character ‘‘§ ’’ with the word ‘‘section’’. 

In 12 CFR 1101.4(b)(5)(i)(E), the 

Council adds a provision to allow the 

Executive Secretary of the Council to 

consider the use to which the requester 

will put the records, and to seek 

additional information on the use, if 

necessary, in order to determine 

whether a particular FOIA request is a 

‘‘commercial use request’’. 

In 12 CFR 1101.4(b)(5)(i)(G), the 

Council makes a minor change to the 

wording of the paragraph replacing the 

character ‘‘§ ’’ with the word ‘‘section’’. 

In 12 CFR 1101.4(b)(5)(i)(H), the 

Council revises its definition of 

‘‘Representative of the news media’’ to 

reflect the definition provided in the 

OPEN Government Act, 5 U.S.C 

552(a)(4)(A)(ii). 

In 12 CFR 1101.4(b)(5)(ii)(C)(2), the 

Council adds computer disks to the list 

of examples indicating the types of 

materials for which a requester will be 

charged a fee. 

In 12 CFR 1101.4(b)(5)(ii)(F), the 

Council revises the paragraph to provide 

examples of ‘‘special services’’ for which 

additional fees may be charged. 

In 12 CFR 1101.4(b)(5)(ii)(H), the 

Council revises the procedures for 

requesting a waiver or reduction of fees. 

The revisions include eliminating the 

list of factors to be considered by the 

Council in determining whether the 

public interest requirement is met, 

requiring a requester to state a 

justification for a waiver or reduction of 

fees, and providing a right to 

administratively appeal the denial of a 

request for a waiver or reduction of fees. 

In 12 CFR 101.4(b)(5)(iii)(A), the 

Council makes a minor grammatical 

change to the language of the paragraph. 

In 12 CFR 101.4(b)(5)(iv), the Council 

makes a minor change to the statutory 

citation contained in the paragraph. 

In 12 CFR 1101.4(b)(5)(vii)(B), the 

Council makes a minor change to the 

wording of the paragraph replacing the 

character ‘‘§ ’’ with the word ‘‘section’’. 

In 12 CFR 1101.4(b)(5)(vii)(C), the 

Council revises the paragraph by 

replacing the character ‘‘§ ’’ with the 

word ‘‘section,’’ and by increasing the 

limit stated in the parenthetical phrase 

to 20 working days in accordance with 

subsection (a)(6) of the FOIA, 5 U.S.C. 

552(a)(6). 

In 12 CFR 1101.4(b)(6), the Council 

revises the paragraph to provide that 

referral or consultation with another 

agency is appropriate whenever the 

requested record originated with, or 

incorporates the information of, another 

state or federal agency. 

III. Analysis of Comments Received 

The Council received no comments 

on the proposed rules. 

IV. Regulatory Analysis and Procedure 

A. Regulatory Flexibility Act 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (5 U.S.C. 601, 

et seq.) (RFA), the Council certifies that 

the final rule will not have a significant 

economic impact on a substantial 

number of small entities. The final rule 

addresses only the procedures to be 

followed to request records of the 

Council. Small entities, like any other 

individual or entity, may request 

information from the Council pursuant 

to the FOIA that has not been generally 

made available to the public. Under the 

FOIA, agencies may recover only the 

direct costs of searching for, reviewing, 

and duplicating the records processed 

for certain categories of requesters. The 

Council’s fee structure is in accordance 

with Department of Justice and Office of 

Management and Budget (OMB) 

guidelines, and is based upon the 

category of requester. Thus, fees 

assessed by the Council are nominal and 

will not have a significant economic 

impact on a substantial number of small 

entities within the meaning of the RFA. 

B. Paperwork Reduction Act 

The Council has determined that the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., does not apply because 

these rules do not contain any 

information collection requirements that 

require the approval of the OMB. 


jlentini on DSKJ8SOYB1PROD with RULES
71014 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Rules and Regulations 

C. The Treasury and General 

Government Appropriations Act, 1999— 

Assessment of Federal Regulations and 

Policies on Families 

The Council has determined that the 

final rule will not affect family wellbeing within the meaning of section 654 

of the Treasury and General 

Government Appropriations Act, 

enacted as part of the Omnibus 

Consolidated and Emergency 

Supplemental Appropriations Act of 

1999 (Pub. L. 105–277, 112 Stat. 2681). 

D. Small Business Regulatory 

Enforcement Fairness Act 

OMB has determined that the rule is 

not a ‘‘major rule’’ within the meaning of 

the relevant sections of the Small 

Business Regulatory Enforcement Act of 

1996 (SBREFA) (5 U.S.C. 801 et seq.). As 

required by SBREFA, the Council will 

file the appropriate reports with 

Congress and the General Accounting 

Office so that the rule may be reviewed. 

E. Solicitation of Comments on Use of 

Plain Language 

Section 722 of the Gramm-LeachBliley Act, Public Law 106–102, 113 

Stat. 1338, 1471 (Nov. 12, 1999), 

requires the federal banking agencies to 

use plain language in all proposed and 

final rules published after January 1, 

2000. The Council received no comment 

on plain language. Nevertheless, the 

Council has sought to present the final 

rule in a simple, comprehensible, and 

straightforward manner. 

Lists of Subjects in 12 CFR Part 1101 

Freedom of information, FOIA 

exemptions, Schedule of fees, Waivers 

or reductions of fees. 

■ For the reasons set forth in the 

preamble, the Council amends 12 CFR 

part 1101 as follows: 

PART 1101—DESCRIPTION OF 

OFFICE, PROCEDURE, PUBLIC 

INFORMATION 

■ 1. The authority citation for part 1101 

continues to read as follows: 

Authority: 5 U.S.C. 552; 12 U.S.C. 3307. 

■ 2. Section 1101.3 is amended by 

revising paragraph (e) to read as follows: 

§ 1101.3 Organization and methods of 

operation. 

* * * * * 

(e) Council address. Council offices 

are located at 3501 Fairfax Drive, Room 

B–7081a, Arlington, VA, 22226–3550. 

■ 3. Section 1101.4 is amended: 

■ a. By revising paragraph (a); 

■ b. By revising the heading for 

paragraph (b) and paragraphs (b)(1) 

introductory text, (b)(1)(i), (v), (vii), and 

(viii); 

■ c. By revising paragraphs (b)(2), (3), 

and (4); 

■ d. By revising paragraphs (b)(5)(i)(C), 

(D), (E), (G), and (H) and (b)(5)(ii)(C)(2), 

(F), and (H); and 

■ e. By revising paragraphs (b)(5)(iii)(A), 

(b)(5)(iv), (b)(5)(vii)(B), (C), and (b)(6). 

The revisions read as follows: 

§ 1101.4 Disclosure of information, 

policies, and records. 

(a) Statements of policy published in 

the Federal Register or available for 

public inspection and copying; indices. 

Under 5 U.S.C. 552(a)(1), the Council 

publishes general rules, policies and 

interpretations in the Federal Register. 

Under 5 U.S.C. 552(a)(2), policies and 

interpretations adopted by the Council, 

including instructions to Council staff 

affecting members of the public, and an 

index to the same, are available for 

public inspection and copying at the 

office of the Executive Secretary of the 

Council, 3501 Fairfax Drive, Room B– 

7081a, Arlington, VA, 22226–3550, 

during regular business hours. Policies 

and interpretations of the Council may 

be withheld from disclosure under the 

principles stated in paragraph (b)(1) of 

this section. 

(b) Other records of the Council 

available to the public upon request; 

procedures—(1) General rule and 

exemptions. Under 5 U.S.C. 552(a)(3), 

all other records of the Council are 

available to the public upon request, 

except to the extent exempted from 

disclosure as provided in this paragraph 

(b). Except as specifically authorized by 

the Council, the following records, and 

portions thereof, are not available to the 

public: (i) A record, or portion thereof, 

which is specifically authorized under 

criteria established by an Executive 

Order to be kept secret in the interest of 

national defense or foreign policy and 

which is, in fact, properly classified 

pursuant to such Executive Order. 

* * * * * 

(v) An intra-agency or interagency 

memorandum or letter that would not 

be routinely available by law to a 

private party in litigation, including, but 

not limited to, memoranda, reports, and 

other documents prepared by the 

personnel of the Council or its 

constituent agencies, and records of 

deliberations of the Council and 

discussions of meetings of the Council, 

any Council Committee, or Council 

staff, that are not subject to 5 U.S.C. 

552b (the Government in the Sunshine 

Act). 

* * * * * 

(vii) Records or information compiled 

for law enforcement purposes, to the 

extent permitted under 5 U.S.C. 

552(b)(7), including records relating to a 

proceeding by a financial institution’s 

state or federal regulatory agency for the 

issuance of a cease-and-desist order, or 

order of suspension or removal, or 

assessment of a civil money penalty and 

the granting, withholding, or revocation 

of any approval, permission, or 

authority. (viii) A record, or portion 

thereof, containing, relating to, or 

derived from an examination, operating, 

or condition report prepared by, or on 

behalf of, or for the use of any state or 

federal agency directly or indirectly 

responsible for the regulation or 

supervision of financial institutions. 

* * * * * 

(2) Discretionary release of exempt 

information. Notwithstanding the 

applicability of an exemption, the 

Council or the Council’s designee may 

elect, under the circumstances of a 

particular request, to disclose all or a 

portion of any requested record where 

permitted by law. Such disclosure has 

no precedential significance. 

(3) Procedure for records request—(i) 

Initial request. Requests for records 

shall be submitted in writing to the 

Executive Secretary of the Council: 

(A) By sending a letter to: FFIEC, 

Attn: Executive Secretary, 3501 Fairfax 

Drive, Room B–7081a, Arlington, VA 

22226–3550. Both the mailing envelope 

and the request should be marked 

‘‘Freedom of Information Request,’’ 

‘‘FOIA Request,’’ or the like; or 

(B) By facsimile clearly marked 

‘‘Freedom of Information Act Request,’’ 

‘‘FOIA Request,’’ or the like to the 

Executive Secretary at (703) 562–6446; 

or 

(C) By e-mail to the address provided 

on the FFIEC’s World Wide Web page, 

found at: http://www.ffiec.gov. Requests 

must reasonably describe the records 

sought. 

(ii) Contents of request. All requests 

should contain the following 

information: 

(A) The name and mailing address of 

the requester, an electronic mail 

address, if available, and the telephone 

number at which the requester may be 

reached during normal business hours; 

(B) A statement as to whether the 

information is intended for commercial 

use, and whether the requester is an 

educational or noncommercial scientific 

institution, or news media 

representative; 

(C) A statement agreeing to pay all 

applicable fees, or a statement 

identifying any desired fee limitation, or 

a request for a waiver or reduction of 

fees that satisfies paragraph (b)(5)(ii)(H) 

of this section. 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Rules and Regulations 71015 

(iii) Defective requests. The Council 

need not accept or process a request that 

does not reasonably describe the records 

requested or that does not otherwise 

comply with the requirements of this 

section. The Executive Secretary may 

return a defective request specifying the 

deficiency. The requester may submit a 

corrected request, which will be treated 

as an initial request. 

(iv) Expedited processing. (A) Where 

a person requesting expedited access to 

records has demonstrated a compelling 

need for the records, or where the 

Executive Secretary has determined to 

expedite the response, the Executive 

Secretary shall process the request as 

soon as practicable. To show a 

compelling need for expedited 

processing, the requester shall provide a 

statement demonstrating that: 

(1) Failure to obtain the records on an 

expedited basis could reasonably be 

expected to pose an imminent threat to 

the life or physical safety of an 

individual; or 

(2) The requester is primarily engaged 

in information dissemination as a main 

professional occupation or activity, and 

there is urgency to inform the public of 

the government activity involved in the 

request. 

(B) The requester’s statement must be 

certified to be true and correct to the 

best of the person’s knowledge and 

belief and explain in detail the basis for 

requesting expedited processing. 

(C) The formality of the certification 

required to obtain expedited treatment 

may be waived by the Executive 

Secretary as a matter of administrative 

discretion. 

(v) Response to initial requests. (A) 

Except where the Executive Secretary 

has determined to expedite the 

processing of a request, the Executive 

Secretary will respond by mail or 

electronic mail to all properly submitted 

initial requests within 20 working days 

of receipt. The time for response may be 

extended up to 10 additional working 

days, as provided in 5 U.S.C. 

552(a)(6)(B), or for other periods by 

agreement between the requester and 

the Executive Secretary. 

(B) In response to a request that 

reasonably describes the records sought 

and otherwise satisfies the requirements 

of this section, a search shall be 

conducted of records in existence and 

maintained by the Council on the date 

of receipt of the request, and a review 

made of any responsive information 

located. The Executive Secretary shall 

notify the requester of: 

(1) The Executive Secretary’s 

determination of the response to the 

request; 

(2) The reasons for the determination; 

(3) If the response is a denial of an 

initial request or if any information is 

withheld, the Executive Secretary will 

advise the requester in writing: 

(i) If the denial is in part or in whole; 

(ii) The name and title of each person 

responsible for the denial (when other 

than the person signing the 

notification); 

(iii) The exemptions relied on for the 

denial; and 

(iv) The right of the requester to 

appeal the denial to the Chairman of the 

Council within 10 working days 

following the date of issuance of the 

notification, as specified in paragraph 

(b)(3)(vi) of this section. 

(vi) Appeals of responses to initial 

requests. If a request is denied in whole 

or in part, the requester may appeal in 

writing, within 10 working days of the 

date of issuance of a denial 

determination. Appeals shall be 

submitted to the Chairman of the 

Council: (A) By sending a letter to: 

FFIEC, Attn: Executive Secretary, 3501 

Fairfax Drive, Room B–7081a, 

Arlington, VA, 22226–3550. Both the 

mailing envelope and the request 

should be marked ‘‘Freedom of 

Information Act Appeal,’’ ‘‘FOIA 

Appeal,’’ or the like; or (B) By facsimile 

clearly marked ‘‘Freedom of Information 

Act Appeal,’’ ‘‘FOIA Appeal,’’ or the like 

to the Executive Secretary at (703) 562– 

6446. Appeals should refer to the date 

and tracking number of the original 

request and the date of the Council’s 

initial ruling. Appeals should include 

an explanation of the basis for the 

appeal. 

(vii) Council response to appeals. The 

Chairman of the Council, or another 

member designated by the Chairman, 

will respond to all properly submitted 

appeals within 20 working days of 

actual receipt of the appeal by the 

Executive Secretary. The time for 

response may be extended up to 10 

additional working days, as provided in 

5 U.S.C. 552(a)(6)(B), or for other 

periods by agreement between the 

requester and the Chairman or the 

Chairman’s designee. 

(4) Procedure for access to records if 

request is granted. (i) When a request for 

access to records is granted, in whole or 

in part, a copy of the records to be 

disclosed will be promptly delivered to 

the requester or made available for 

inspection, whichever was requested. 

Inspection of records, or duplication 

and delivery of copies of records will be 

arranged so as not to interfere with their 

use by the Council and other users of 

the records. 

(ii) When delivery to the requester is 

to be made, copies of requested records 

shall be sent to the requester by regular 

U.S. mail to the address indicated in the 

request, unless the Executive Secretary 

deems it appropriate to send the 

documents by another means. 

(iii) The Council shall provide a copy 

of the record in any form or format 

requested if the record is readily 

reproducible by the Council in that form 

or format, but the Council need not 

provide more than one copy of any 

record to a requester. 

(iv) By arrangement with the 

requester, the Executive Secretary may 

elect to send the responsive records 

electronically if a substantial portion of 

the records is in electronic format. If the 

information requested is subject to 

disclosure under the Privacy Act of 

1974, 5 U.S.C. 552a, it will not be sent 

by electronic means unless reasonable 

security measures can be established. 

(5) * * * 

(i) * * * 

(C) Duplication means the process of 

making a copy of a document necessary 

to respond to a FOIA request. Such 

copies can take the form of paper copy, 

microfilm, audiovisual records, or 

machine readable records (e.g., magnetic 

tape or computer disk). 

(D) Review means the process of 

examining documents located in 

response to a request that is for a 

commercial use (see paragraph 

(b)(5)(i)(E) of this section) to determine 

whether any portion of any document 

located is permitted to be withheld and 

processing such documents for 

disclosure. 

(E) Commercial use request means a 

request from or on behalf of one who 

seeks information for a use or purpose 

that furthers the commercial, trade, or 

profit interests of the requester or the 

person on whose behalf the request is 

made. In determining whether a request 

falls within this category, the Executive 

Secretary will determine the use to 

which a requester will put the records 

requested and seek additional 

information as the Executive Secretary 

deems necessary. 

* * * * * 

(G) Noncommercial scientific 

institution means an institution that is 

not operated on a ‘‘commercial’’ basis as 

that term is referenced in paragraph 

(b)(5)(i)(E) of this section, and which is 

operated solely for the purposes of 

conducting scientific research, the 

results of which are not intended to 

promote any particular product or 

industry. 

(H) Representative of the news media 

means any person or entity that gathers 

information of potential interest to a 

segment of the public, uses its editorial 

skills to turn the raw materials into a 


jlentini on DSKJ8SOYB1PROD with RULES
71016 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Rules and Regulations 

distinct work, and distributes that work 

to an audience. In this clause, the term 

‘‘news’’ means information that is about 

current events or that would be of 

current interest to the public. Examples 

of news-media entities are television or 

radio stations broadcasting to the public 

at large and publishers of periodicals 

(but only if such entities qualify as 

disseminators of ‘‘news’’) who make 

their products available for purchase by 

or subscription by or free distribution to 

the general public. These examples are 

not all-inclusive. Moreover, as methods 

of news delivery evolve (for example, 

the adoption of the electronic 

dissemination of newspapers through 

telecommunications services), such 

alternative media shall be considered to 

be news-media entities. A freelance 

journalist shall be regarded as working 

for a news-media entity if the journalist 

can demonstrate a solid basis for 

expecting publication through that 

entity, whether or not the journalist is 

actually employed by the entity. A 

publication contract would present a 

solid basis for such an expectation; the 

Council may also consider the past 

publication record of the requester in 

making such a determination. 

* * * * * 

(ii) * * * 

(C) * * * 

(2 ) The fee for documents generated 

by computer is the hourly rate for the 

computer operator (at GS 7, step 5, plus 

16 percent for benefits if clerical staff, 

and GS 13, step 5, plus 16 percent for 

benefits if professional staff) plus the 

cost of materials (computer paper, tapes, 

disks, labels, etc.). 

* * * * * 

(F) Other services. Complying with 

requests for special services such as 

certifying records as true copies or 

mailing records by express mail is 

entirely at the discretion of the Council. 

The Council will recover the full costs 

of providing such services to the extent 

it elects to provide them. 

* * * * * 

(H) Waiving or reducing fees. As part 

of the initial request for records, a 

requester may ask that the Council 

waive or reduce fees if disclosure of the 

records is in the public interest because 

it is likely to contribute significantly to 

public understanding of the operations 

or activities of the Council and is not 

primarily in the commercial interest of 

the requester. The initial request for 

records must also state the justification 

for a waiver or reduction of fees. 

Determinations as to a waiver or 

reduction of fees will be made by the 

Executive Secretary of the Council and 

the requester will be notified in writing 

of his/her determination. A 

determination not to grant a request for 

a waiver or reduction of fees under this 

paragraph may be appealed to the 

Chairman of the Council pursuant to the 

procedure set forth in paragraph 

(b)(3)(vi) of this section. 

(iii) Categories of requesters. (A) 

Commercial use requesters. The Council 

will assess fees for commercial use 

requesters sufficient to recover the full 

direct costs of searching for, reviewing 

for release, the duplicating the records 

sought. 

* * * * * 

(iv) Interest on unpaid fees. The 

Council may begin assessing interest 

charges on an unpaid bill starting on the 

31st day following the day on which the 

bill was sent. Interest will be at the rate 

prescribed in 31 U.S.C. 3717 and will 

accrue from the date of the billing. 

* * * * * 

(vii) * * * 

(B) A requester has previously failed 

to pay a fee charged in a timely fashion. 

The Council may require the requester 

to pay the full amount owed plus any 

applicable interest as provided in 

paragraph (b)(5)(iv) of this section or 

demonstrate that he/she has, in fact, 

paid the fee, and to make an advance 

payment of the full amount of the 

estimated fee before the Council begins 

to process a new request or a pending 

request from that requester. 

(C) When the Council acts under 

paragraph (b)(5)(vii) (A) or (B) of this 

section, the administrative time limits 

prescribed in subsection (a)(6) of the 

FOIA (i.e., 20 working days from receipt 

of initial requests, plus permissible 

extensions of these time limits) will 

begin only after the Council has 

received the fee payments described. 

(6) Records of another agency. If a 

requested record originated with or 

incorporates the information of another 

state or federal agency or department, 

upon receipt of a request for the record 

the Council will promptly inform the 

requester of this circumstance and 

immediately shall forward the request to 

the originating agency or department 

either for processing in accordance with 

the latter’s regulations or for guidance 

with respect to disposition. 

Dated at Arlington, Virginia, November 16, 

2010. 

Federal Financial Institutions Examination 

Council. 

Paul Sanford, 

Executive Secretary. 

[FR Doc. 2010–29282 Filed 11–19–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 526 

[Docket No. FDA–2010–N–0002] 

Intramammary Dosage Form New 

Animal Drugs; Cloxacillin Benzathine 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of a supplementary new 

animal drug application (NADA) filed 

by Boehringer Ingelheim Vetmedica, 

Inc. The supplement provides for minor 

revisions to labeling. 

DATES: This rule is effective November 

22, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Cindy L. Burnsteel, Center for 

Veterinary Medicine (HFV–130), Food 

and Drug Administration, 7500 Standish 

Pl., Rockville, MD 20855, 240–276– 

8341, e-mail: 

cindy.burnsteel@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

Boehringer Ingelheim Vetmedica, Inc., 

2621 North Belt Highway, St. Joseph, 

MO 64506–2002 has filed a supplement 

to NADA 55–058 for DRY-CLOX 

(cloxacillin benzathine) Intramammary 

Infusion for dry dairy cattle. The 

supplemental NADA provides for 

various minor revisions to labeling. The 

supplemental application is approved as 

of October 21, 2010, and the regulations 

in § 526.464a (21 CFR 526.464a) are 

amended to reflect the approval. 

In addition, FDA has noticed that 

certain portions of § 526.464a were 

inadvertently removed when the 

regulations were amended to reflect a 

change of sponsorship (75 FR 10165, 

March 5, 2010). At this time, the 

regulations are being amended to reflect 

fully the approved conditions of use of 

this new animal drug product. This 

change is being made to improve the 

accuracy of the animal drug regulations. 

Approval of this supplemental NADA 

did not require review of additional 

safety or effectiveness data or 

information. Therefore, a freedom of 

information summary is not required. 

The Agency has determined under 21 

CFR 25.33 that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 


jlentini on DSKJ8SOYB1PROD with RULES