[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Rules and Regulations]
[Pages 47561-47562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18425]


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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 200

[Release No. 34-92727; FOIA-194]


Freedom of Information Act Regulations

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is 
making an amendment to the Commission's Freedom of Information Act 
(``FOIA'') regulations to remove a provision stating that records that 
the FOIA requires to be made available for public inspection in an 
electronic format will be available to persons who do not have access 
to the internet in the Commission's Public Reference Room. The 
Commission's FOIA regulations will continue to provide that persons who 
do not have access to the internet can obtain the documents required to 
be made available for public inspection by telephone or email request 
to the Office of FOIA Services.

DATES:  Effective date: August 26, 2021.

FOR FURTHER INFORMATION CONTACT: Ray McInerney, FOIA/PA Officer, Office 
of FOIA Services, (202) 551-6249; Securities and Exchange Commission, 
100 F Street NE, Washington, DC 20549-5041.

SUPPLEMENTARY INFORMATION: The Commission is adopting an amendment to 
its FOIA regulations at 17 CFR 200.80(a)(2)(ii).

I. Background

    The Freedom of Information Act requires each agency, in accordance 
with published rules, to make certain records available for public 
inspection in an electronic format.\1\ The Commission's regulation at 
17 CFR 200.80(a)(2)(ii) provides that records that the FOIA requires to 
be made available for public inspection in an electronic format are 
accessible through the Commission's website. In addition, under the 
existing regulation, persons without access to the internet may obtain 
these records by telephone or email request or by visiting the Public 
Reference Room at the Commission's headquarters in Washington, DC. The 
FOIA itself does not require that agencies provide access to documents 
that are available for public inspection in an electronic format in a 
public reference room.
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    \1\ 5 U.S.C. 552(a)(2).
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    The Public Reference Room, which is housed within the Commission's 
Library, contains a computer terminal that members of the public may 
use to access records that the SEC is required to make publicly 
available under the FOIA. The Commission's visitor logs and information 
from the Commission Library staff indicate that no one has used the 
computer terminal in the Public Reference Room to access records that 
the FOIA requires to be made available for public inspection in an 
electronic format from 2018 through the date of this document.\2\ In 
light of the lack of use of the computer terminal in the Public 
Reference Room as a means of accessing the records, we are adopting 
technical amendments to our FOIA rules to remove the reference to 
obtaining access in the Public Reference Room. The Commission's 
regulation will continue to provide that persons who do not have access 
to the internet will be able to obtain the documents required to be 
made available for public inspection via telephone or email request to 
the Commission's Office of FOIA Services.
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    \2\ Due to the COVID pandemic, the public has not been allowed 
access to the Public Reference Room since April 13, 2020.
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II. Administrative Law Matters

    The Commission finds, in accordance with the Administrative 
Procedure Act (``APA''), that these revisions relate solely to agency 
organization, procedures, or practice and do not constitute a 
substantive rule. Accordingly, the APA's provisions regarding notice of 
rulemaking, opportunity for public comment, and advance publication of 
the amendments are not applicable.\3\ For the same reason, and because 
these amendments do not substantially affect the rights or obligations 
of non-agency parties, the provisions of the Small Business Regulatory 
Enforcement Fairness Act are not applicable.\4\
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    \3\ 5 U.S.C. 553.
    \4\ 5 U.S.C. 804(3)(C).
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    Additionally, the provisions of the Regulatory Flexibility Act, 
which apply only when notice and comment are required by the APA or 
other law, are not applicable. These amendments do not contain any 
collection of information requirements as defined by the Paperwork 
Reduction Act of 1995.

III. Economic Analysis

    We are adopting an amendment to remove a provision that states that 
documents that the FOIA requires to be made available for public 
inspection in an electronic format will be available to persons who do 
not have access to the internet in the Commission's Public Reference 
Room. This amendment does not impose any substantive regulatory 
obligations on any person. We do not believe the amendment will have 
any substantial economic effect, including on efficiency, competition, 
or capital formation. All documents that the FOIA requires to be 
available will remain available to the public via the internet, mail, 
email, or telephone request. Members of the public who wish to make use 
of the Commission's Public Reference Room but who must now make use of 
one of the alternatives could potentially incur net costs if the 
alternatives are less accessible than using the computer available in 
the Public Reference Room. However, since the documents at issue are 
readily available through any computer connected to the internet and 
can also be obtained by mail and since no person has used the 
Commission's Public Reference Room for this purpose in at least two 
years, we believe any such incremental costs will be small and incurred 
infrequently. Because the amendment imposes no substantial new burdens 
on private parties, the Commission believes that the amendment will not 
have any impact on

[[Page 47562]]

competition for purposes of section 23(a)(2) of the Securities Exchange 
Act of 1934.\5\
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    \5\ 15 U.S.C. 78w(a)(2).
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IV. Statutory Authority

    The amendments contained herein have been made under the authority 
set forth in 5 U.S.C. 552 and 15 U.S.C. 78w(a).

List of Subjects in 17 CFR Part 200

    Administrative practice and procedure, Freedom of information.

Text of Amendments

    For the reasons stated in the preamble, the Commission amends title 
17, chapter II of the Code of Federal Regulations as follows:

PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND 
REQUESTS

Subpart D--Information and Requests

0
1. The authority citation for part 200, subpart D, continues to read in 
part as follows:

    Authority: 5 U.S.C. 552, as amended, 15 U.S.C. 77f(d), 77s, 
77ggg(a), 77sss, 78m(F)(3), 78w, 80a-37, 80a-44(a), 80a-44(b), 80b-
10(a), and 80b-11, unless otherwise noted.

    Section 200.80 also issued under Public Law 114-185 sec. 3(a), 
130 Stat. 538; 5 U.S.C. 552; 15 U.S.C. 77f(d), 77s, 77ggg(a), 78d-1, 
78w(a), 80a-37(a), 80a-44(b), 80b-10(a), and 80b-11(a), unless 
otherwise noted.
* * * * *

0
2. Amend Sec.  200.80 by revising paragraph (a)(2) to read as follows:


Sec.  200.80  Securities and Exchange Commission records and 
information.

    (a) * * *
    (2)(i) Records that the FOIA requires to be made available for 
public inspection in an electronic format (pursuant to 5 U.S.C. 
552(a)(2)) are accessible through the Commission's website, http://www.sec.gov. Each division and office of the Commission is responsible 
for determining which of its records are required to be made publicly 
available in an electronic format, as well as identifying additional 
records of interest to the public that are appropriate for public 
disclosure, and for posting and indexing such records. Each division 
and office shall ensure that its posted records and indexes are 
reviewed and updated on an ongoing basis.
    (ii) Persons who do not have access to the internet may obtain 
these records by contacting the Commission's Office of FOIA Services by 
telephone at 202-551-7900 or by email at <a href="/cdn-cgi/l/email-protection#14727b7d756475546771773a737b62"><span class="__cf_email__" data-cfemail="e88e8781899889a89b8d8bc68f879e">[email protected]</span></a>.
* * * * *

    By the Commission.

    Dated: August 23, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-18425 Filed 8-25-21; 8:45 am]
BILLING CODE 8011-01-P


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