[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Rules and Regulations]
[Pages 49286-49287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23095]


=======================================================================
-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM

12 CFR Part 261

[Docket No. R-1556]
RIN 7100-AE65


Rules Regarding Availability of Information

AGENCY: Board of Governors of the Federal Reserve System (``Board'').

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Board is finalizing its interim final rule amending its 
regulations for processing requests under the Freedom of Information 
Act (``FOIA'') pursuant to the FOIA Improvement Act of 2016 (the 
``Act''). The amendments clarify and update procedures for requesting 
information from the Board, extend the deadline for administrative 
appeals, and add information on dispute resolution services. The 
interim final rule became effective on December 27, 2016. This 
rulemaking finalizes the interim rule with minor edits.

DATES: This final rule is effective on November 24, 2017.

FOR FURTHER INFORMATION CONTACT: Katherine Wheatley, Associate General 
Counsel, (202) 452-3779, or Misty Mirpuri, Counsel, (202) 452-2597, 
Board of Governors of the Federal Reserve System, 20th and C Streets 
NW., Washington, DC 20551. Users of telecommunications device for the 
hearing impaired, please call (202) 263-4869.

SUPPLEMENTARY INFORMATION: 

I. Overview of Final Rule

    On December 27, 2016, the Board published an interim final rule \1\ 
amending its existing Rules found at 12 CFR part 261, in order to 
comply with the statutory changes required by the FOIA Improvement Act 
of 2016 (``Improvement Act'').\2\ Amendments to the Rules adopted 
statutory exemptions and exceptions as required by the Improvement Act. 
The interim final rule became effective on December 27, 2016, and the 
Board accepted comments through February 27, 2017. The Board is 
finalizing the interim rule with minor

[[Page 49287]]

changes to paragraph 261.13(i)(4) in response to a public comment.
---------------------------------------------------------------------------

    \1\ 81 FR 94932 (Dec. 27, 2016).
    \2\ Public Law 114-185, 130 Stat. 538 (enacted June 30, 2016).
---------------------------------------------------------------------------

II. Summary of Public Comments and Final Rule

    Interested persons were afforded the opportunity to participate in 
the rulemaking process through submission of written comments on the 
interim final rule during the open comment period. The Board is 
adopting a minor revision to the interim final rule in response to a 
comment from the Office of Government Information Services within the 
National Archives and Records Administration (``OGIS'').\3\
---------------------------------------------------------------------------

    \3\ The Board received a second comment requesting that it amend 
the rule in a manner unrelated to the amendments required by the 
Improvement Act. While the Board intends to make more extensive 
amendments to its FOIA Rule at a later time, the interim final rule 
only addressed the matters required by the Improvement Act, and 
further changes to the Rule will be preceded by a request for public 
comment.
---------------------------------------------------------------------------

    OGIS asked the Board to revise section 261.13(i)(4) of the Rules to 
require that a determination letter on an appeal inform appellants of 
the availability of OGIS's dispute resolution services. Although not 
required by the FOIA statute, this change is consistent with guidance 
issued by the Department of Justice's Office of Information Policy. 
Accordingly, the Board has determined to edit the language in paragraph 
(i)(4) of section 261.13 to notify an appealing party of the 
availability of OGIS's dispute resolution services as a nonexclusive 
alternative to litigation.
    The Board has determined not to adopt two other suggestions by 
OGIS. OGIS's proposed amendment would add a statement that ``[d]ispute 
resolution is a voluntary process.'' This sentence appears to be 
unnecessary and repetitive given that the Board is already advising 
appellants that dispute resolution services are available as a 
``nonexclusive alternative to litigation.'' OGIS also proposed language 
stating that the Board will ``actively engage as a partner to the 
process in an attempt to resolve the dispute'' if the Board 
participates in the OGIS dispute resolution process. Although active 
engagement in attempting to resolve a FOIA dispute is of course not 
unreasonable, the proposed sentence could create additional legal 
obligations not required under the FOIA. Accordingly, aside from adding 
in language regarding the availability of OGIS's dispute resolution 
services as a nonexclusive alternative to litigation, the Board is 
adopting section 261.13(i)(4) in the final rule without any further 
change.

III. Regulatory Requirements

    As the Board noted in its interim rule, Congress required that the 
substantive changes to the Board's Rules under the Improvement Act 
become effective by December 27, 2016, and the other amendments to the 
Board's Rules were technical in nature. Thus, the Board determined that 
the prior notice and comment requirements of the Administrative 
Procedure Act, 5 U.S.C. 553(b), did not apply to the rule. Because no 
notice of proposed rulemaking is required, these regulations are not a 
``rule'' as defined by the Regulatory Flexibility Act, 5 U.S.C. 601(2), 
and no initial or final regulatory flexibility analysis is required.

List of Subjects in 12 CFR Part 261

    Administrative practice and procedure, Confidential business 
information, Freedom of information, Reporting and recordkeeping 
requirements.

Authority and Issuance

    For the reasons stated above, the Board of Governors of the Federal 
Reserve System adopts the interim final rule published on December 27, 
2016, at 81 FR 94932, as final with the following change:

PART 261--RULES REGARDING AVAILABILITY OF INFORMATION

0
1. The authority citation for part 261 continues to read as follows:

    Authority: 5 U.S.C. 552; 12 U.S.C. 248(i) and (k), 321 et seq., 
611 et seq., 1442, 1467a, 1817(a)(2)(A), 1817(a)(8), 1818(u) and 
(v), 1821(o), 1821(t), 1830, 1844, 1951 et seq., 2601, 2801 et seq., 
2901 et seq., 3101 et seq., 3401 et seq.; 15 U.S.C. 77uuu(b), 
78q(c)(3); 29 U.S.C. 1204; 31 U.S.C. 5301 et seq.; 42 U.S.C. 3601; 
44 U.S.C. 3510.


0
2. In Sec.  261.13 paragraph (i)(4) is revised to read as follows:


Sec.  261.13  Processing requests.

* * * * *
    (i) * * *
    (4) The Board shall make a determination regarding any appeal 
within 20 working days of actual receipt of the appeal by the Freedom 
of Information Office. If an adverse determination is upheld on appeal, 
in whole or in part, the determination letter shall notify the 
appealing party of the right to seek judicial review and of the 
availability of dispute resolution services from the Office of 
Government Information Services as a nonexclusive alternative to 
litigation.
* * * * *

    By order of the Board of Governors of the Federal Reserve 
System, October 19, 2017.
Ann E. Misback,
Secretary of the Board.
[FR Doc. 2017-23095 Filed 10-24-17; 8:45 am]
 BILLING CODE P