Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 47561 

1 5 U.S.C. 552(a)(2). 

2 Due to the COVID pandemic, the public has not 

been allowed access to the Public Reference Room 

since April 13, 2020. 

3 5 U.S.C. 553. 

4 5 U.S.C. 804(3)(C). 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https://

ad.easa.europa.eu. For Airbus Helicopters 

service information identified in this AD, 

contact Airbus Helicopters, 2701 North 

Forum Drive, Grand Prairie, TX 75052; 

telephone (972) 641–0000 or (800) 232–0323; 

fax (972) 641–3775; or at https://

www.airbus.com/helicopters/services/ 

technical-support.html. 

(4) You may view this service information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Pkwy., 

Room 6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

This material may be found in the AD docket 

on the internet at https://

www.regulations.gov by searching for and 

locating Docket No. FAA–2021–0717. 

(5) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email 

fr.inspection@nara.gov, or go to https://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on August 23, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–18441 Filed 8–24–21; 11:15 am] 

BILLING CODE 4910–13–P 

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. 

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. 

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. 

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

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 


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47562 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 

5 15 U.S.C. 78w(a)(2). 

1 Data Collection for Analytics & Surveillance & 

Mkt.-Based Rate Purposes, 86 FR 17823 (Apr. 6, 

2021), 174 FERC ¶ 61,214 (2021) (March Notice). 

2A Seller is defined as any person that has 

authorization to or seeks authorization to engage in 

sales for resale of electric energy, capacity or 

ancillary services at market-based rates under 

section 205 of the Federal Power Act (FPA). 18 CFR 

35.36(a)(1); 16 U.S.C. 824d. 

3 Data Collection for Analytics & Surveillance & 

Mkt.-Based Rate Purposes, Order No. 860, 84 FR 

36390 (July 26, 2019), 168 FERC ¶ 61,039 (2019), 

order on reh’g and clarification, Order No. 860–A, 

85 FR 13012 (Oct. 1, 2020), 170 FERC ¶ 61,129 

(2020). 

4 ‘‘Ultimate upstream affiliate’’ is defined as the 

furthest upstream affiliate(s) in the ownership 

chain—i.e., each of the upstream of affiliate(s) of a 

Seller, who itself does not have 10% or more of its 

outstanding securities owned, held or controlled, 

with power to vote, by any person (including an 

individual or company). Order No. 860, 168 FERC 

¶ 61,039 at P 5 n.10; see also 18 CFR 35.36(a)(10). 

‘‘Upstream affiliate’’ means any entity described in 

§ 35.36(a)(9)(i). 18 CFR 35.36(a)(10). 

5The March Notice defined ‘‘utilities’’ as 

transmitting utilities, electric utility companies, or 

holding company systems containing such entities. 

March Notice, 174 FERC ¶ 61,214 at P 1 n.4. 

6Order No. 860, 168 FERC ¶ 61,039 at P 4. 

7 Id. P 220. 

competition for purposes of section 

23(a)(2) of the Securities Exchange Act 

of 1934.5

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 

■ 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. 

* * * * * 

■ 2. Amend § 200.80 by revising 

paragraph (a)(2) to read as follows: 

§ 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 foiapa@sec.gov. 

* * * * * 

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 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 35 

[Docket No. RM16–17–000] 

Data Collection for Analytics and 

Surveillance and Market-Based Rate 

Purposes 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Adopted revisions to 

information collection. 

SUMMARY: The Federal Energy 

Regulatory Commission adopts a 

proposal to collect additional data from 

certain market-based rate sellers with 

ultimate upstream affiliates that have 

been granted blanket authorization to 

acquire the securities of those sellers or 

those sellers’ upstream affiliates. The 

adopted proposal involves certain 

revisions to the data dictionary and 

XML schema that accompany the 

relational database established in Order 

No. 860. 

DATES: These revisions will become 

effective October 25, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Stertz (Technical Information), 

Office of Energy Market Regulation, 

Federal Energy Regulatory Commission, 

888 First St. NE, Washington, DC 20426, 

(202) 502–6473, Ryan.Stertz@ferc.gov. 

Regine Baus (Legal Information), 

Office of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First St. NE, Washington, DC 20426, 

(202) 502–8757, Regine.Baus@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

Order Adopting Revisions to 

Information Collection 

(Issued August 19, 2021) 

1. On March 18, 2021, the 

Commission issued a notice requesting 

comments 1 on a proposal to collect 

additional data from certain marketbased rate (MBR) sellers (Sellers) 2

through revisions to the data dictionary 

and XML schema that accompany the 

relational database established in Order 

No. 860 (MBR Data Dictionary).3

Specifically, the Commission proposed 

revising the MBR Data Dictionary to 

require that Sellers whose ultimate 

upstream affiliate(s) 4 own their voting 

securities pursuant to a section 203(a)(2) 

blanket authorization provide, in the 

relational database, three additional 

data fields: The docket number of the 

section 203(a)(2) blanket authorization, 

the Utility ID Type CD of the utility 

whose securities were acquired under 

the corresponding section 203(a)(2) 

blanket authorization docket number, 

and the Utility ID of that utility.5 In this 

order, we revise the MBR Data 

Dictionary as proposed in the March 

Notice. 

I. Background 

A. Order No. 860 

2. On July 18, 2019, the Commission 

issued Order No. 860, which revised 

certain aspects of the substance and 

format of information Sellers submit to 

the Commission for market-based rate 

purposes. Among other things, the 

Commission adopted the approach to 

collect market-based rate information in 

a relational database.6 The Commission 

also specified that any significant 

changes to the MBR Data Dictionary 

would be proposed in a Commission 

order or rulemaking, which would 

provide an opportunity for comment.7

3. In support, the Commission 

explained that the relational database 

construct provides for a more modern 

and flexible format for the reporting and 

retrieval of information. The 


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