This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

63497 

Vol. 79, No. 206 

Friday, October 24, 2014 

MILITARY COMPENSATION AND 

RETIREMENT MODERNIZATION 

COMMISSION 

5 CFR Part 9901 

RIN 3260–AA00 

Freedom of Information Act 

Regulations 

AGENCY: Military Compensation and 

Retirement Modernization Commission. 

ACTION: Final rule. 

SUMMARY: The Military Compensation 

and Retirement Modernization 

Commission (MCRMC) is issuing a final 

rule, establishing procedures for the 

public to obtain information from 

MCRMC under the Freedom of 

Information Act (FOIA). 

DATES: This final rule was effective 

October 27, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Nuneviller, Associate 

Director, Administration and 

Operations, Military Compensation and 

Retirement Modernization Commission, 

at (703) 692–2080 or by email at foia@

mcrmc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 2, 2013, the President 

signed into law the National Defense 

Authorization Act for Fiscal Year 2013, 

Public Law 112–239, Subtitle H, 126 

Stat. 1632, 1787 (2013) (amended by 

National Defense Authorization Act for 

Fiscal Year 2014, Pub. L. 113–66, Sec. 

1095, 127 Stat. 672, 878 (2013)), which 

created the Military Compensation and 

Retirement Modernization Commission 

(MCRMC). To establish procedures to 

facilitate public interaction with 

MCRMC, the agency is issuing final 

regulations under FOIA. 

II. The Final Rule 

This final rule establishes procedures 

for MCRMC necessary to implement 

FOIA, 5 U.S.C. 552. FOIA provides for 

the disclosure of agency records and 

information to the public, unless that 

information is exempted under statutory 

exemptions or exclusions. The 

procedures established herein are 

intended to ensure that MCRMC fully 

satisfies its responsibility to the public 

to disclose agency information. 

III. Procedural Requirements 

These regulations establish 

procedures under FOIA to facilitate the 

interaction of the public with MCRMC. 

MCRMC’s policy of disclosure follows 

the Presidential Memorandum of 

January 21, 2009, ‘‘Transparency and 

Openness,’’ 74 FR 4685, and the 

Attorney General’s March 19, 2009 

FOIA policy guidance, advising Federal 

agencies to apply a presumption of 

openness in FOIA decision making. 

This final rule parallels the procedures 

currently used by other agencies to 

implement FOIA. 

MCRMC has determined that good 

cause exists under 5 U.S.C. 553(b) and 

5 U.S.C. 553(d)(3) to waive the notice 

and comment and delayed effective 

requirements of the Administrative 

Procedure Act to publish this regulation 

as a final rule with a request for 

comments. MCRMC is a temporary, 

independent establishment with 

statutorily defined deadlines and a 

limited existence. It is the intent of the 

agency to be as transparent as 

practicable in making information 

available to the public. This regulation 

establishes procedures to facilitate 

MCRMC’s interactions with the public 

and the public’s access to information 

about MCRMC. In light of this agency’s 

limited duration, as set forth in its 

enabling legislation, and the need for 

timely access, MCRMC has decided that 

full notice and comment rulemaking is 

impracticable and contrary to public 

policy. The absence of FOIA regulations 

could impair the public’s ability to 

access information. MCRMC has 

determined that this final rule should be 

issued without a delayed effective date 

pursuant to 5 U.S.C. 553(d)(3). 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act (5 

U.S.C. Chapter 6) do not apply. This 

rulemaking is not a significant 

regulatory action for the purposes of 

Executive Order 12866. Accordingly, a 

regulatory impact analysis is not 

required. 

Analysis of Public Comments and Final 

Rule 

MCRMC received no comments in 

response to the Interim final rule for 

MCRMC’s FOIA regulations (79 FR 

54567, September 12, 2014). This final 

rule corrects two inadvertent formatting 

errors in the interim final rule. 

List of Subjects in 5 CFR Part 9901 

Administrative practice and 

procedure, Freedom of information, 

Reporting and recordkeeping 

requirements. 

Accordingly, the interim rule 

amending 5 CFR chapter XCIX, part 

9901, which was published at 79 FR 

54567 on September 12, 2014, is 

adopted as a final with the following 

changes: 

PART 9901—DISCLOSURE OF 

RECORDS AND INFORMATION 

■ 1. The authority citation for part 9901 

continues to read as follows: 

Authority: National Defense Authorization 

Act for Fiscal Year 2013, Pub. L. 112–239, 

Subtitle H, 126 Stat. 1632, 1787 (2013) 

(amended by National Defense Authorization 

Act for Fiscal Year 2014, Pub. L. 113–66, Sec. 

1095, 127 Stat. 672, 878 (2013)); 5 U.S.C. 552. 

■ 2. Amend § 9901.1 by revising 

paragraph (b)(1) to read as follows: 

§ 9901.1 Authority, purpose, and scope. 

* * * * * 

(b) Purpose. (1) The National Defense 

Authorization Act for Fiscal Year 2013, 

Public Law 112–239, Subtitle H, 126 

Stat. 1632, 1787 (2013) (amended by 

National Defense Authorization Act for 

Fiscal Year 2014, Pub. L. 113–66, Sec. 

1095, 127 Stat. 672, 878 (2013)), 

established the Military Compensation 

and Retirement Modernization 

Commission (MCRMC). MCRMC’s 

purpose, pursuant to its enabling 

statute, is to conduct a review of the 

military compensation and retirement 

systems and to make recommendations 

to modernize those systems to: 

(i) Ensure the long-term viability of 

the All-Volunteer Force by sustaining 

the required human resources of that 

force during all levels of conflict and 

economic conditions; 

(ii) Enable the quality of life for 

members of the Armed Forces and the 

other uniformed services and their 


rmajette on DSK2TPTVN1PROD with RULES
63498 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

1 Dodd-Frank Wall Street Reform and Consumer 

Protection Act, Pub. L. 111–203, 12 U.S.C. 5301 et 

seq. (2010). 

2 12 U.S.C. 5411. 

3 12 U.S.C. 5414(b). 

4 12 U.S.C. 5414(c). 

families in a manner that fosters 

successful recruitment, retention, and 

careers for members of the Armed 

Forces and the other uniformed 

services; and 

(iii) Modernize and achieve fiscal 

sustainability for the compensation and 

retirement systems for the Armed Forces 

and the other uniformed services for the 

21st century. 

* * * * * 

■ 3. Revise § 9901.3 to read as follows: 

§ 9901.3 Requests for records. 

(a) Generally. Many documents are 

available on the MCRMC Web site and 

MCRMC encourages requesters to visit 

the Web site before making a request for 

records pursuant to this subpart. 

MCRMC will provide records to 

individual requesters in response to 

FOIA requests for records not available 

on its Web site. 

(b) Electronic or written requests 

required. For records not available on 

the Web site, requesters wishing to 

obtain information from MCRMC should 

submit a request on the MCRMC Web 

site. If a computer is not available to the 

requester, a written request may be 

made to the MCRMC FOIA Officer. Such 

requests should be addressed to: FOIA 

Officer, Military Compensation and 

Retirement Modernization Commission, 

Post Office Box 13170, Arlington, VA 

22209. As there may be delays in mail 

delivery, it is advisable to send the 

request via facsimile to (703) 697–8330 

or email to foia@mcrmc.gov. MCRMC 

will communicate with the requester by 

email unless he or she specifies 

otherwise. 

(c) Contents of request. Requests must 

include the following: 

(1) A statement that the request is 

being made under FOIA, the requester’s 

full name and address, a telephone 

number at which the requester can be 

reached during normal business hours, 

and an email address for the requester, 

if the requester has one; 

(2) A description of the records sought 

in enough detail to allow the records to 

be located with a reasonable amount of 

effort. The request must identify/

describe the records sought and include 

information such as date, title or name, 

author, recipient, and subject matter of 

the records sought, where possible; 

(3) If submitting the request as an 

educational institution, a noncommercial scientific institution, or a 

representative of the news media, the 

request must specifically identify the 

organization on which the status is 

based, and if a free-lance representative 

of the news media, the requester should 

submit a history of past publications 

and/or demonstrate a solid basis for 

expecting publication through a newsmedia entity; 

(4) A fee waiver, if applicable; and 

(5) If the request is made by mail, the 

words ‘‘FOIA REQUEST’’ or ‘‘REQUEST 

FOR RECORDS’’ must be clearly marked 

on the cover letter, letter, and envelope. 

(d) Perfected requests. MCRMC will 

process only perfected requests. A 

perfected request must meet all of the 

requirements of this subpart. 

Christopher Nuneviller, 

Associate Director, Administration and 

Operations, Military Compensation and 

Retirement Modernization Commission. 

[FR Doc. 2014–25272 Filed 10–23–14; 8:45 am] 

BILLING CODE P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Parts 335 and 390 

RIN 3064–AE07 

Transferred OTS Regulations 

Regarding Securities of State Savings 

Associations 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Final rule. 

SUMMARY: The Federal Deposit 

Insurance Corporation (FDIC) is 

adopting a final rule to rescind and 

remove regulations for securities of 

State savings associations and all 

references thereto, and revise 

regulations for securities of nonmember 

insured banks, to extend their 

applicability to State savings 

associations. The regulations revised in 

this rule were included in the 

regulations that were transferred to the 

FDIC from the Office of Thrift 

Supervision (OTS) on July 21, 2011, in 

connection with the implementation of 

applicable provisions of Title III of the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act (Dodd-Frank 

Act). The FDIC received no comments 

on the Notice of Proposed Rulemaking 

published on April 21, 2014 and is 

adopting it as a final rule with minor 

technical changes. As a result, all State 

nonmember banks and State savings 

associations having securities registered 

pursuant to the Securities Exchange Act 

of 1934 (Exchange Act) will be subject 

to the disclosure and filing requirements 

in FDIC regulations. 

DATES: The Final Rule is effective 

November 24, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Chapman, Senior Staff 

Accountant, Division of Risk 

Management Supervision, 202–898– 

8922 or dchapman@fdic.gov; Maureen 

Loviglio, Senior Staff Accountant, 

Division of Risk Management 

Supervision, 202–898–6777 or 

mloviglio@fdic.gov; Mark G. Flanigan, 

Supervisory Counsel, Legal Division 

202–898–7426 or mflanigan@fdic.gov; 

or Grace Pyun, Senior Attorney, Legal 

Division 202–898–3609 or gpyun@

fdic.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Dodd-Frank Act 

The Dodd-Frank Act, signed into law 

on July 21, 2010, provided for a 

substantial reorganization of the 

regulation of State and Federal savings 

associations and their holding 

companies.1 Beginning July 21, 2011, 

the transfer date established by section 

311 of the Dodd-Frank Act,2 the powers, 

duties, and functions formerly 

performed by the OTS were divided 

among the FDIC, as to State savings 

associations, the Office of the 

Comptroller of the Currency (‘‘OCC’’), as 

to Federal savings associations, and the 

Board of Governors of the Federal 

Reserve System (‘‘Federal Reserve 

Board’’), as to savings and loan holding 

companies. Section 316(b) of the DoddFrank Act 3 provides the manner of 

treatment for all orders, resolutions, 

determinations, regulations, and 

advisory materials that had been issued, 

made, prescribed, or allowed to become 

effective by the OTS. The section 

provides that if such regulatory 

issuances were in effect on the day 

before the transfer date, they continue in 

effect and are enforceable by or against 

the appropriate successor agency until 

they are modified, terminated, set aside, 

or superseded in accordance with 

applicable law by such successor 

agency, by any court of competent 

jurisdiction, or by operation of law. 

Section 316(c) of the Dodd-Frank 

Act 4 further directed the FDIC and the 

OCC to consult with one another and to 

publish a list of the continued OTS 

regulations which would be enforced by 

each agency. On June 14, 2011, the 

FDIC’s Board of Directors (‘‘Board’’) 

approved a ‘‘List of OTS Regulations to 

be Enforced by the OCC and the FDIC 

Pursuant to the Dodd-Frank Wall Street 

Reform and Consumer Protection Act.’’ 

This list was published by the FDIC and 


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