45180 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 

10. 23 CFR 490.505 (Definition of 

Greenhouse gas (GHG)) 

11. 23 CFR 490.507(b) 

12. 23 CFR 490.509(f) 

13. 23 CFR 490.509(g) 

14. 23 CFR 490.509(h) 

15. 23 CFR 490.511(a)(2) 

16. 23 CFR 490.511(c) 

17. 23 CFR 490.511(d) 

18. 23 CFR 490.511(f) 

19. 23 CFR 490.513(d). 

The FHWA recognizes that there are 

short timeframes to comply with the 

October 1, 2018 reporting deadline. 

However, FHWA expects that the 

burden to comply with the upcoming 

reporting deadline will be minimal, 

consisting mostly of preliminary targetsetting activities using existing data 

sources. 

The FHWA has initiated additional 

rulemaking procedures proposing to 

repeal the GHG measure (RIN 2125– 

AF76) and anticipates publishing an 

NPRM in 2017 with a goal of issuing a 

Final Rule in Spring 2018. 

Waiver of Rulemaking 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 553), FHWA 

generally offers interested parties the 

opportunity to comment on proposed 

regulations and publishes rules not less 

than 30 days before their effective dates. 

However, the APA provides that an 

agency is not required to conduct 

notice-and-comment rulemaking or 

delay effective dates when the agency, 

for good cause, finds that the 

requirement is impracticable, 

unnecessary, or contrary to the public 

interest (5 U.S.C. 553(b)(B) and (d)(3)). 

There is good cause to waive these 

requirements here as unnecessary, 

because this rule merely ceases the 

suspension of the Final Rule pending 

additional rulemaking, as provided for 

in the May 19, 2017 document at 82 FR 

22879, thus putting in effect the 

requirements of the above-referenced 

sections of the Final Rule as previously 

promulgated after notice and comment. 

The cessation of the suspension is 

therefore not significant in nature and 

impact, and does not impose new 

burdens on State departments of 

transportation and Metropolitan 

Planning Organizations. 

List of Subjects in 23 CFR Part 490 

Bridges, Highway safety, Highways 

and roads, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

Issued on: September 22, 2017. 

Brandye L. Hendrickson, 

Acting Administrator, Federal Highway 

Administration. 

[FR Doc. 2017–20804 Filed 9–25–17; 4:15 pm] 

BILLING CODE 4910–22–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1610 

RIN 3046–AA90 

Availability of Records 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Final rule. 

SUMMARY: The Equal Employment 

Opportunity Commission (‘‘EEOC’’ or 

‘‘Commission’’) is issuing a final rule 

revising its Freedom of Information Act 

(FOIA) regulations in order to 

implement the substantive and 

procedural changes to the FOIA 

identified in the FOIA Improvement Act 

of 2016 and update two district office 

addresses and the Office of Legal 

Counsel’s fax number. 

DATES: Effective September 28, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie D. Garner, Assistant Legal 

Counsel, FOIA Programs, or Draga G. 

Anthony, Senior Attorney Advisor, 

Office of Legal Counsel, U.S. Equal 

Employment Opportunity Commission, 

at (202) 663–4640 (voice) or (202) 663– 

7026 (TTY). These are not toll-free 

telephone numbers. This final rule also 

is available in the following formats: 

Large print, Braille, audiotape, and 

electronic file on computer disk. 

Requests for this final rule in an 

alternative format should be made to 

EEOC’s Publications Center at 1–800– 

669–3362 (voice) or 1–800–800–3302 

(TTY). 

SUPPLEMENTARY INFORMATION: 

Introduction 

On December 29, 2016, EEOC 

published in the Federal Register an 

interim final rule setting forth revisions 

to EEOC’s FOIA regulations at 29 CFR 

part 1610. 81 FR 95869 (2016). The 

purpose of the revisions is to update the 

Commission’s FOIA regulations so that 

they are consistent with current 

Commission practice in responding to 

FOIA requests as reflected in the FOIA 

Improvement Act of 2016. The revisions 

also are intended to update two district 

office addresses and the Office of Legal 

Counsel’s fax number. The interim final 

rule sought public comments which 

were due on or before January 30, 2017. 

EEOC received four comments in 

response to the interim final rule. Two 

comments were submitted by an 

individual, and the remaining two 

comments were submitted by the 

National Archives and Records 

Administration’s Office of Government 

Information Services (hereinafter 

‘‘OGIS’’). 

The individual commenter suggested 

that EEOC reconsider the fifteen cent 

per page duplication fee charged for 

copies. This comment is outside the 

scope of the interim final rule, which 

did not propose changes to the 

duplication fees associated with 

processing FOIA requests. Therefore, 

the EEOC declines to change the 

duplication fees. The second comment 

asked the EEOC to remove the word 

‘‘professional’’ in 1610.9(f)(3), which 

identifies the requirements of a 

requester seeking expedited processing. 

Congress strongly favors uniform FOIA 

regulations. The Office of Information 

Policy, to assist agencies in issuing 

uniform regulations, provided a 

template for agencies to utilize when 

revising FOIA regulations. In order to 

conform with the Office of Information 

Policy template language, the EEOC 

declines to remove the word 

‘‘professional.’’ 

The Commission has considered 

carefully the comments from OGIS and 

has made some changes to the final rule 

in response to them. The OGIS 

comments concerning Sections 1610.11 

and 1610.13 and EEOC’s changes to the 

final rule are discussed in more detail 

below. 

Section 1610.2—Statutory Requirements 

The EEOC determined that the final 

two sentences of Section 1610.2(a) of 

the Draft Final Rule should be deleted. 

Those sentences read as follows: ‘‘As a 

matter of policy, the Commission may 

make discretionary disclosures of 

records or information exempt from 

disclosure under the FOIA whenever 

disclosure would not foreseeably harm 

an interest protected by the FOIA 

exemption. This policy does not create 

any right enforceable in Court.’’ The 

final rule now more closely aligns with 

the statutory language at 5 U.S.C. 

552(a)(8). The FOIA Improvement Act of 

2016 codified the foreseeable harm 

standard; therefore, release of the 

records is no longer a matter of agency 

policy. Records must be released unless 

there is a risk of foreseeable harm. 

Section 1610.5—Request for Records 

Section 1610.5(a)(2), of the interim 

final rule said that ‘‘(2)A requester who 

is making a request for records about 

himself or herself must comply with the 


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Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 45181 

verification of identity requirements as 

determined by the Commission. 

Requesters may not be required to verify 

their identity without guidance; 

therefore, the section will be deleted. 

Section 1610.5(b)(5) of the Interim Final 

Rule has also been deleted. That section 

said: ‘‘Where a request is not considered 

reasonably descriptive or requires the 

production of voluminous records, or 

necessitates the utilization of a 

considerable number of work hours to 

the detriment of the business of the 

Commission, the Commission may 

require the person making the request or 

such person’s agent to confer with a 

Commission representative in order to 

attempt to verify the scope of the 

request and, if possible, narrow such 

request.’’ The FOIA Improvement Act of 

2016 does not require a requester to 

speak with the EEOC about narrowing a 

voluminous request. If the request is 

voluminous or time-intensive but the 

requested records are reasonably 

described, the EEOC must process the 

request. 

Section 1610.11—Appeals to the Legal 

Counsel From Initial Denials 

OGIS requested that the EEOC 

substitute the words ‘‘dispute 

resolution’’ for the word ‘‘mediation’’ in 

paragraph (c) Decision on appeals and 

paragraph (d) Engaging in dispute 

resolution services provided by OGIS. 

We have done so. This change conforms 

to OGIS’s updated FOIA rules published 

on December 29, 2016. 

Section 1610.13—Maintenance of Files 

OGIS advised the EEOC that General 

Records Schedule 4.2 replaced General 

Records Schedule 14. Therefore, the 

EEOC has changed the General Records 

Schedule reference to 4.2. 

Regulatory Procedures 

Executive Order 12866 

This final rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, 58 FR 51735 (Sept. 30, 

2003), section 1(b), Principles of 

Regulation, and Executive Order 13563, 

76 FR 3821 (January 1, 2011), Improving 

Regulation and Regulatory Review. The 

rule is not a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order 12866. 

Paperwork Reduction Act 

This final rule contains no new 

information collection requirements 

subject to review by the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

Regulatory Flexibility Act 

The Commission certifies under 5 

U.S.C. 605(b) that this final rule will not 

have a significant economic impact on 

a substantial number of small entities, 

because the changes to the rule do not 

impose any burdens upon FOIA 

requesters, including those that might 

be small entities. Therefore, a regulatory 

flexibility analysis is not required by the 

Regulatory Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This final rule will not result in the 

expenditure by State, local, or tribal 

governments in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

List of Subjects in 29 CFR Part 1610 

Freedom of Information. 

For the Commission. 

Dated: August 20, 2017. 

Victoria A. Lipnic, 

Acting Chair. 

For the reasons set forth in the 

preamble, the interim rule amending 29 

CFR part 1610 which was published at 

81 FR 95869 on December 29, 2016, is 

adopted as final with the following 

changes: 

PART 1610—AVAILABILITY OF 

RECORDS 

■ 1. The authority citation for part 1610 

continues to read as follows: 

Authority: 42 U.S.C. 2000e–12(a), 5 U.S.C. 

552 as amended by Pub. L. 93–502, Pub. L. 

99–570 and Pub. L. 105–231; for § 1610.15, 

non-search or copy portions are issued under 

31 U.S.C. 9701. 

■ 2. Revise § 1610.2 to read as follows: 

§ 1610.2 Statutory requirements. 

(a) This subpart contains the rules 

that the Commission will follow in 

processing requests for records under 

the Freedom of Information Act 

(‘‘FOIA’’), 5 U.S.C. 552. These rules 

should be read in conjunction with the 

text of the FOIA and the Uniform 

Freedom of Information Fee Schedule 

and Guidelines published by the Office 

of Management and Budget (‘‘OMB 

Guidelines’’). Requests made by 

individuals for records about 

themselves under the Privacy Act of 

1974, 5 U.S.C. 552a, are processed in 

accordance with the Commission’s 

Privacy Act regulations as well as under 

this subpart. The Commission should 

administer the FOIA with a 

presumption of openness. 

(b) As referenced in this subpart, 

‘‘component’’ means each separate 

office within the Commission that is 

responsible for processing FOIA 

requests. The rules described in this 

regulation that apply to the Commission 

also apply to its components. 

■ 3. Revise § 1610.5 to read as follows: 

§ 1610.5 Request for records. 

(a) General information. (1) To make 

a request for records, a requester should 

write directly to the Commission’s FOIA 

office that maintains the records sought. 

A request will receive the quickest 

possible response if it is addressed to 

the Commission FOIA office that 

maintains the records sought. 

Information concerning the 

Commission’s FOIA offices is listed at: 

https://www.eeoc.gov/eeoc/foia/ 

index.cfm and any additional 

requirements for submitting a request to 

the agency are listed at paragraphs (b) 

and (d) of this section. The 

Commission’s Web site contains 

instructions for submitting FOIA 

requests and other resources to assist 

requesters in determining where to send 

their requests. 

(2) Where a request for records 

pertains to another individual, a 

requester may receive greater access by 

submitting either a notarized 

authorization signed by that individual 

or a declaration made in compliance 

with the requirements set forth in 28 

U.S.C. 1746 by that individual 

authorizing disclosure of the records to 

the requester, or by submitting proof 

that the individual is deceased (for 

example, a copy of a death certificate or 

an obituary). As an exercise of 

administrative discretion, the 

Commission can require a requester to 

supply additional information if 

necessary in order to verify that a 

particular individual has consented to 

disclosure. 

(b) Description of records sought. 

Requesters must describe the records 

sought in sufficient detail to enable 

Commission personnel to locate them 

with a reasonable amount of effort. To 

the extent possible, requesters should 

include specific information that may 

help the Commission identify the 

requested records, such as the date, title 

or name, author, recipient, subject 

matter of the record, case number, file 

designation, or reference number. Before 

submitting their requests, requesters 

may contact the Commission’s District 

Office FOIA contact or FOIA Public 

Liaison to discuss the records they seek 

and to receive assistance in describing 

the records. If after receiving a request 


jstallworth on DSKBBY8HB2PROD with RULES
45182 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 

1See 81 FR 29398, 29455. 

the Commission determines that it does 

not reasonably describe the records 

sought, the Commission must inform 

the requester what additional 

information is needed or why the 

request is otherwise insufficient. 

Requesters who are attempting to 

reformulate or modify such a request 

may discuss their request with the 

Commission’s FOIA contact or FOIA 

Public Liaison. If a request does not 

reasonably describe the records sought, 

the agency’s response to the request may 

be delayed. 

(1) A written request for inspection or 

copying of a record of the Commission 

may be presented in person, by mail, by 

fax, by email at FOIA@eeoc.gov, online 

at https://publicportalfoiapal.eeoc.gov/ 

palMain.aspx, or through the 

Commission employee designated in 

§ 1610.7. 

(2) A request must be clearly and 

prominently identified as a request for 

information under the ‘‘Freedom of 

Information Act.’’ If submitted by mail, 

or otherwise submitted under any cover, 

the envelope or other cover must be 

similarly identified. 

(3) A respondent must always provide 

a copy of the ‘‘Filed’’ stamped court 

complaint when requesting a copy of a 

charge file. The charging party must 

provide a copy of the ‘‘Filed’’ stamped 

court complaint when requesting a copy 

of the charge file if the Notice of Right 

to Sue has expired as of the date of the 

charging party’s request. 

(4) Each request must contain 

information which reasonably describes 

the records sought and, when known, 

should contain date, title or name, 

author, recipient, subject matter of the 

record, case number, file designation, or 

reference number and location for the 

records requested in order to permit the 

records to be promptly located. 

(c) Format. Requests may specify the 

preferred form or format (including 

electronic formats) for the records the 

requester seeks. The Commission will 

accommodate the request if the records 

are readily reproducible in that form or 

format. 

(d) Requester information. Requesters 

must provide contact information, such 

as their phone number, email address, 

and/or mailing address, to assist the 

agency in communicating with them 

and providing released records. 

■ 4. Amend § 1610.11 by revising 

paragraphs (c) and (d) to read as follows: 

§ 1610.11 Appeals to the legal counsel 

from initial denials. 

* * * * * 

(c) Decisions on appeals. The 

Commission must provide its decision 

on an appeal in writing. A decision that 

upholds the Commission’s 

determination in whole or in part must 

contain a statement that identifies the 

reasons for the affirmance, including 

any FOIA exemptions applied. The 

decision must provide the requester 

with notification of the statutory right to 

file a lawsuit and will inform the 

requester of the dispute resolution 

services offered by the Office of 

Government Information Services of the 

National Archives and Records 

Administration as a non-exclusive 

alternative to litigation. If the 

Commission’s decision is remanded or 

modified on appeal, the Commission 

will notify the requester of that 

determination in writing. The 

Commission will then further process 

the request in accordance with that 

appeal determination and will respond 

directly to the requester. 

(d) Engaging in dispute resolution 

services provided by OGIS. Dispute 

resolution is a voluntary process. If the 

Commission agrees to participate in the 

dispute resolution services provided by 

OGIS, it will actively engage as a partner 

to the process in an attempt to resolve 

the dispute. 

* * * * * 

■ 5. Revise § 1610.13 to read as follows: 

§ 1610.13 Maintenance of files. 

The Commission must preserve all 

correspondence pertaining to the 

requests that it receives under this 

subpart, as well as copies of all 

requested records, until disposition or 

destruction is authorized pursuant to 

Title 44 of the United States Code or the 

General Records Schedule 4.2 of the 

National Archives and Records 

Administration. The Commission must 

not dispose of or destroy records while 

they are the subject of a pending 

request, appeal, or lawsuit under the 

FOIA. 

[FR Doc. 2017–19897 Filed 9–27–17; 8:45 am] 

BILLING CODE 6570–01–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

31 CFR Parts 1010 and 1024 

[Docket No. Fincen–2014–0001] 

RIN 1506–AB25 

Customer Due Diligence Requirements 

for Financial Institutions; Correction 

AGENCY: Financial Crimes Enforcement 

Network (FinCEN), Treasury. 

ACTION: Correcting amendments. 

SUMMARY: FinCEN is making technical 

corrections to a final rule published in 

the Federal Register on Wednesday, 

May 11, 2016. The final rule relates to 

certain customer due diligence 

standards applicable to covered 

financial institutions, defined as banks, 

brokers or dealers in securities, mutual 

funds, and futures commission 

merchants and introducing brokers in 

commodities. As published, the final 

rule contains technical errors that could 

cause confusion if not corrected. 

DATES: Effective Date: These corrections 

are effective September 28, 2017. 

Applicability date: Covered financial 

institutions must comply with these 

rules and the rules published in the 

Federal Register on May 11, 2016 (81 

FR 29398) by May 11, 2018. 

FOR FURTHER INFORMATION CONTACT: 

FinCEN Resource Center at 1–800–767– 

2825. E-mail inquiries can be sent to 

frc@fincen.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 11, 2016, FinCEN published 

a final rule (81 FR 29398) entitled 

‘‘Customer Due Diligence Requirements 

for Financial Institutions.’’ The final 

rule amends the Bank Secrecy Act 

regulations to include a new 

requirement for covered financial 

institutions to identify and verify the 

identity of beneficial owners of legal 

entity customers, subject to certain 

exclusions and exemptions. The final 

rule also amends the anti-money 

laundering (AML) program 

requirements for all covered 

institutions. This document makes 

technical corrections to the Certification 

Form located in appendix A to 31 CFR 

1010.230 and adds a paragraph to 31 

CFR 1024.210(b) that was inadvertently 

omitted in the final rule published in 

the Federal Register with an effective 

date of July 11, 2016, and an 

applicability date of May 11, 2018. 

II. Description of the Technical 

Corrections 

A. Correction to Appendix A to 

§ 1010.230 

This document makes technical 

corrections to Appendix A (Certification 

Form) to 31 CFR 1010.230. Appendix A 

inadvertently omitted the words ‘‘, 

Type,’’ after ‘‘Name’’ in the heading of 

Section II.b.1 Appendix A also included 

the term ‘‘foreign persons’’ in lieu of the 

term ‘‘non-U.S. persons’’ in several 

places and omitted the term ‘‘Social 

Security number’’ as described below. 

Because appendix A was originally 


jstallworth on DSKBBY8HB2PROD with RULES