2017-12775

Federal Register, Volume 82 Issue 117 (Tuesday, June 20, 2017)

[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]

[Rules and Regulations]

[Pages 28001-28005]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2017-12775]

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COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 145

RIN 3038-AE57

Revisions to Freedom of Information Act Regulations

AGENCY: Commodity Futures Trading Commission.

ACTION: Interim final rule with request for comments.

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SUMMARY: The Commodity Futures Trading Commission (the ``Commission'')

is revising certain provisions of its regulations for disclosing

records under the Freedom of Information Act (``FOIA'') to comply with

the FOIA Improvement Act of 2016. In addition, the regulations would

streamline the language of procedural provisions concerning initial

determinations and administrative appeals. The regulations have also

been updated to incorporate changes in the Commission's administrative

structure, remove superfluous verbiage, and correct inaccurate text.

DATES: Effective Date: This rule is effective July 20, 2017.

Comment Date: Comments must be received on or before August 21,

2017.

Comments submitted by mail will be accepted as timely if they are

postmarked on or before that date.

ADDRESSES: You may submit comments, identified by RIN 3038-AE57, by one

of the following methods:

CFTC Web site: https://comments.cftc.gov. Follow the

instructions for submitting comments through the Comments Online

process on the Web site.

Mail: Christopher Kirkpatrick, Secretary of the

Commission, Commodity Futures Trading Commission, Three Lafayette

Centre, 1155 21st Street NW., Washington, DC 20581.

Hand Delivery/Courier: Same as Mail, above.

Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.

Please submit your comments using only one method.

Instructions: All submissions received must include the agency name

and RIN number for this rulemaking. For additional details on

submitting comments, see the ``Public Participation'' heading of the

SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Candace Ambrose, Counsel, Office of

the General Counsel, (202) 418-5192.

SUPPLEMENTARY INFORMATION: This rule revises the Commission's FOIA

regulations to incorporate certain changes codified by the FOIA

Improvement Act of 2016, Public Law 114-185, 130 Stat. 538 (June 30,

2016) (``Act''). The Act requires each agency to review its regulations

and issue new regulations in accordance with the Act's provisions. The

Act requires agencies to notify requesters of the availability of

dispute resolution services from the agency's FOIA Public Liaison and

the National Archives and Records Administration's Office of Government

Information Services (``OGIS''). The Act also incorporates the

Department of Justice's foreseeable harm standard, specifying that an

agency shall withhold information only if the agency reasonably

foresees that disclosure would harm an interest protected by an

exemption. 5 U.S.C. 552(a)(8)(A)(i)(I). This provision requires

agencies to consider whether partial disclosure is possible and to take

reasonable steps to segregate and release nonexempt information. In

accordance with the Act, this rule incorporates the sunset provision

for the deliberative process privilege. The Act also increases the time

limit for requesters to file an administrative appeal to 90 days. This

rule updates the Commission's regulations in 17 CFR part 145 to

incorporate those statutory changes. This rule also contains several

technical amendments to reflect the Commission's current organizational

structure, eliminate unnecessary text, and correct erroneous citations.

Section 145.0 (Definitions) is revised to (1) eliminate the term

Assistant Secretary because the position referred to--Assistant

Secretary of the Commission for FOI, Privacy, and Sunshine Acts

Compliance--is defunct; (2) update the definition of Compliance Staff

to reflect the current organizational structure; and (3) add paragraph

letters before each defined term for easier cross-reference throughout

part 145.

Section 145.4 (Public records available with identifying details

deleted; nonpublic records available in abridged or summary form) is

revised to update cross-references with the paragraph letters

corresponding to the defined terms.

Section 145.5 (Disclosure of nonpublic records) is revised to

incorporate the foreseeable harm standard codified by the Act, which

provides that an agency shall withhold information under FOIA only if

the agency reasonably foresees that disclosure would harm an interest

protected by an exemption, or disclosure is prohibited by law. This

section is also revised to reflect the requirement in the Act that

agencies consider whether partial disclosure of information is possible

whenever agencies determine that full disclosure of a requested record

is not possible.

Paragraph (e) of Sec. 145.5 is revised to include the three

traditional privileges incorporated into Exemption 5 of FOIA and to

conform to the requirement of the Act which states that the

deliberative process privilege shall not apply to records created 25

years or more before the date on which the records were requested. This

paragraph is also revised to remove superfluous text concerning

Exemption 5.

Section 145.6 (Commission offices to contact for assistance;

registration records available) is revised to reflect the current

addressee for requests for non-public records and to reflect the

current addresses for the regional offices.

Paragraph (b) of Sec. 145.7 (Requests for Commission records and

copies thereof) is revised to indicate to whom requests for nonpublic

records should be addressed and to delete references to Assistant

Secretary of the Commission for FOI, Privacy and Sunshine Acts

Compliance since that position is defunct, as noted above.

Paragraph (c) of Sec. 145.7 is revised to remove oral requests for

records because requests for records should be submitted in a written

format for record keeping purposes and to eliminate unnecessary text

concerning misdirected requests.

Paragraph (f) of Sec. 145.7 is revised to replace the term

Assistant Secretary with Office of General Counsel because the

Assistant Secretary of the Commission for FOI, Privacy and Sunshine

Acts Compliance position is defunct.

Paragraph (g) of Sec. 145.7 is revised to correct erroneous text

and to replace the term Assistant Secretary with Office of General

Counsel because the Assistant Secretary of the Commission for FOI,

Privacy and Sunshine Acts Compliance position is defunct.

Paragraph (h) of Sec. 145.7 is revised to replace references to

Assistant Secretary with the term Compliance Staff or Office of General

Counsel where appropriate. This paragraph is also revised to

incorporate the Act's requirement that

[[Page 28002]]

an affirmative determination informs the requester of the availability

of assistance from the FOIA Public Liaison. Additionally, this

paragraph is revised to incorporate the Act's requirement that an

adverse determination informs the requester of the right to seek

dispute resolution services from the FOIA Public Liaison and from OGIS.

Further, this paragraph is revised to provide requesters an opportunity

to modify the request and to seek assistance from the FOIA Public

Liaison if the request involves unusual circumstances. This paragraph

is also revised to conform to the requirement under the Act that

agencies inform requesters of the right to seek dispute resolution

services from OGIS if the request involves unusual circumstances.

Paragraph (i) of Sec. 145.7 is revised to extend the time to file

an administrative appeal to 90 days in conformity with the Act.

Further, this paragraph is revised to include the requirement under the

Act to inform the requester of mediation services offered by OGIS. This

paragraph is also revised to streamline the process for administrative

reviews and to replace the term Assistant Secretary with the term

Compliance Staff because the Assistant Secretary of the Commission for

FOI, Privacy and Sunshine Acts Compliance position is defunct.

Moreover, this paragraph corrects typographical errors.

Paragraph (j) of Sec. 145.7 is revised to replace the term

Assistant Secretary with the term Compliance Staff because the

Assistant Secretary of the Commission for FOI, Privacy and Sunshine

Acts Compliance position is defunct.

Section 145.8 (Fees for records services) is revised to replace the

term Assistant Secretary with the term Compliance Staff because the

Assistant Secretary of the Commission for FOI, Privacy and Sunshine

Acts Compliance position is defunct.

Public Participation

The Commission is issuing an interim rule to revise its FOIA

regulations because these changes merely reflect the statutory

amendments to FOIA that are contained in the Act. This approach enables

these regulatory changes to take effect sooner than would be possible

with the publication of a Notice of Proposed Rulemaking in advance.

Nonetheless, the Commission welcomes public comments from interested

persons regarding any aspect of the changes made by this interim final

rule. Please refer to the ADDRESSES section above. The Commission will

consider all public comments in drafting the final rule.

All comments must be submitted in English, or if not, accompanied

by an English translation. Except as described below regarding

confidential business information, all comments are considered part of

the public record and will be posted as received to http://comments.cftc.gov for public inspection. The information made available

online includes personal identifying information (such as name and

address) which is voluntarily submitted by the commenter. You should

submit only information that you wish to make available publicly.

If you want to submit material that you consider to be confidential

business information as part of your comment, but do not want it to be

posted online, you must submit your comment by mail or hand delivery/

courier and include a petition for confidential treatment as described

in Sec. 145.9 of the Commission's regulations, 17 CFR 145.9.

The Commission reserves the right, but shall have no obligation, to

review, pre-screen, filter, redact, refuse or remove any or all of your

submission from http://comments.cftc.gov that it may deem to be

inappropriate for publication, such as obscene language. All

submissions that have been redacted or removed that contain comments on

the merits of the rulemaking will be retained in the rulemaking record

and will be considered as required under the Administrative Procedure

Act and other applicable laws, and may be accessible under the FOIA.

Regulatory Certifications

Administrative Procedure Act. The Administrative Procedure Act

(``APA''), 5 U.S.C. 553 et seq., requires federal agencies to publish a

notice of proposed rulemaking and provide an opportunity for public

comment before issuing a new rule. Rules are exempt from notice and

comment if they are interpretive rules, general statements of policy,

or rules of agency organization, procedure, or practice. 5 U.S.C.

553(b)(3)(A). The Commission has determined that this exception

applies. The subject rules do not change the substantive standards the

agency applies in implementing FOIA to the extent they conform to the

changes codified in the Act. Also, the Commission has determined that

the rules concern its organization, procedure, and practice because

they make updates to accurately reflect the organizational structure of

the agency. Furthermore, an agency may also issue a new rule without a

pre-publication public comment period when it for ``good cause'' finds

that prior notice and comment is ``impracticable, unnecessary, or

contrary to the public interest.'' 5 U.S.C. 553(b)(3)(B). The

Commission has determined that there is good cause to find that a pre-

publication comment period is unnecessary. These revisions to the

existing regulations in 17 CFR part 145 codify statutory changes and

are technical-administrative in nature. For these reasons, the

Commission's implementation of this rule as an interim final rule, with

provision for post-promulgation public comment, is in accordance with

section 553(b) of the APA.

Regulatory Flexibility Act. The Regulatory Flexibility Act, 5

U.S.C. 601 et seq., requires federal agencies to consider whether the

rules they propose will have a significant economic impact on a

substantial number of small entities and, if so, to provide a

regulatory flexibility analysis regarding the economic impact on those

entities. This rule amends the Commission's FOIA regulations to

incorporate certain statutory changes required by the Act, and to

reflect updates to the Commission's internal administrative structure

and to make editorial changes to the regulations. Because the

Commission is not required to publish a notice of proposed rulemaking

for this rule, a regulatory flexibility analysis is not required. 5

U.S.C. 603(a).

Paperwork Reduction Act. The Paperwork Reduction Act (``PRA''), 5

U.S.C. 3501 et seq., imposes certain requirements on federal agencies

in connection with their conducting or sponsoring any collection of

information. This rule does not contain any new collection of

information requirements within the meaning of the PRA. Thus, the PRA

is inapplicable to this rule.

List of Subjects in 17 CFR Part 145

Administrative practice and procedure, Freedom of information.

For the reasons stated in the preamble, the Commodity Futures

Trading Commission amends 17 CFR part 145 as set forth below:

PART 145--COMMISSION RECORDS AND INFORMATION

1. The authority citation for part 145 is revised to read as follows:

Authority: Pub. L. 99-570, 100 Stat. 3207; Pub. L. 89-554, 80

Stat. 383; Pub. L. 90-23, 81 Stat. 54; Pub. L. 98-502, 88 Stat.

1561-1564 (5 U.S.C. 552); Sec. 101(a), Pub. L. 93-463, 88 Stat. 1389

(5 U.S.C. 4a(j)); Pub. L. 114-185, 130 Stat. 538; unless otherwise

noted.

Section 145.5 is also issued under 5 U.S.C. 552, 5 U.S.C. 552b,

and secs. 2(a)(11), 4b, 4f,

[[Page 28003]]

4g, 5a, 8a, and 17 of the Commodity Exchange Act, 7 U.S.C. 2, 4a(j),

6b, 6f, 6g, 7a, 12a, and 21, as amended, 92 Stat. 865 et seq.; secs.

2(a)(1), 4c(a)-(d), 4d, 4f, 4g, 4k, 4m, 4n, 8a, 15 and 17, Commodity

Exchange Act (7 U.S.C. 2, 4, 6c(a)-(d), 6f, 6g, 6k, 6m, 6n, 12a, 19

and 21; 5 U.S.C. 552 and 552b); secs. 2(a)(11) and 8 of the

Commodity Exchange Act, 7 U.S.C. 4(j) and 12 (1983); secs. 8a(5) and

19 of the Commodity Exchange Act, as amended, 7 U.S.C. 12a(5) and 23

(1982); 5 U.S.C. 552 and 552b.

Section 145.6 is also issued under 7 U.S.C. 2, 4, 6, and 12;

secs. 2(a)(1), 4c, 4d, 4e, 4f, 4k, 4m, 4n, 4p, 8, 8a and 19 of the

Commodity Exchange Act (7 U.S.C. 2 and 4, 6c, 6d, 6e, 6f, 6k, 6m,

6n, 6p, 12, 12a and 23 (1982)); 5 U.S.C. 552 and 552b.

Section 145.8 is also issued under 7 U.S.C. 4a(j) and 16a as

amended by Pub. L. 97-444, 96 Stat. 2294 (1983), and 5 U.S.C. 552,

552a and 552b.

2. Revise Sec. 145.0 to read as follows:

Sec. 145.0 Definitions.

For the purposes of part 145 the following definitions are

applicable:

(a) Compliance staff--refers to the FOI Compliance Staff of the

Office of General Counsel at the Commission's principal office in

Washington, DC assigned to respond to requests for information and to

handle various other matters under the Freedom of Information Act.

(b) Public records--in addition to the records described in Sec.

145.1 (material published in the Federal Register) and in Sec. 145.2

(records required to be made publicly available under the Freedom of

Information Act), includes those records that have been determined by

the Commission to be generally available to the public directly upon

oral or written request from the Commission office or division

responsible for the maintenance of such records. A compilation of

Commission records routinely available to the public upon request

appears in appendix A to this part 145.

Sec. 145.2, or appendix A of this part 145. Nonpublic records must be

requested, in writing, in accordance with the provisions of Sec.

145.7.

(d) Record--is any information or agency record maintained by the

Commission in any format, including an electronic format. It includes

any document, writing, photograph, sound or magnetic recording,

videotape, microfiche, drawing, or computer-stored information or

output in the possession of the Commission. The term ``record'' does

not include personal convenience materials over which the Commission

has no control, such as appointment calendars and handwritten notes,

which may be retained or destroyed at an employee's discretion.

3. Amend Sec. 145.4 by revising the first sentence of paragraph (a)

and by revising paragraph (b) to read as follows:

Sec. 145.4 Public records available with identifying details deleted;

nonpublic records available in abridged or summary form.

(a) To the extent required to prevent a clearly unwarranted

invasion of personal privacy, the Commission may delete identifying

details when it makes available ``public records'' as defined in Sec.

145.0(b). * * *

(b) Certain ``nonpublic records,'' as defined in Sec. 145.0(c),

may, as authorized by the Commission, be made available for public

inspection and copying in an abridged or summary form, with identifying

details deleted.

4. In Sec. 145.5, revise the introductory text and paragraph (e) to

read as follows:

Sec. 145.5 Disclosure of nonpublic records.

The Commission shall withhold information in ``nonpublic records,''

as defined in Sec. 145.0(c), only if the Commission reasonably

foresees that disclosure would harm an interest protected by an

exemption described in paragraphs (a) through (i) of this section, or

if disclosure is prohibited by law. The Commission shall consider

whether partial disclosure of information is possible whenever the

Commission determines that a full disclosure of the requested record is

not possible. The Commission shall take reasonable steps necessary to

segregate and release nonexempt information in ``nonpublic records''

subject to a request under Sec. 145.7 if those portions do not fall

within an exemption described in paragraphs (a) through (i) of this

section.

* * * * *

(e) Inter-agency or intra-agency memoranda or letters, except those

which by law would routinely be made available to a party other than an

agency in litigation with the Commission. Exemption 5 (5 U.S.C.

552(b)(5)) protects inter-agency or intra-agency communications that

are protected by legal privileges, such as the attorney-client

privilege, the attorney work-product privilege, and the deliberative

process privilege. The deliberative process privilege shall not apply

to records created 25 years or more before the date on which the

records were requested.

* * * * *

5. In Sec. 145.6, revise paragraph (a) to read as follows:

Sec. 145.6 Commission offices to contact for assistance; registration

records available.

(a) All requests for non-public records shall be made in writing

and shall be addressed or otherwise directed to the Office of General

Counsel, Commodity Futures Trading Commission, Three Lafayette Centre,

1155 21st Street NW., Washington, DC 20581. Requests for public records

directed to a regional office of the Commission pursuant to Sec. 145.2

should be sent to:

Commodity Futures Trading Commission, 140 Broadway, 19th Floor, New

York, New York 10005, Telephone: (646) 746-9700.

Commodity Futures Trading Commission, 525 West Monroe Street, Suite

1100, Chicago, Illinois 60661, Telephone: (312) 596-0700.

Commodity Futures Trading Commission, 4900 Main Street, Suite 500,

Kansas City, Missouri 64112, Telephone: (816) 960-7700.

* * * * *

6. Amend Sec. 145.7 as follows:

a. Revise paragraphs (b), (c), (f), and (g);

b. Revise paragraphs (h)(1) and (2) and paragraph (h)(3) introductory

text;

c. Revise paragraphs (i)(2) and (5), (i)(6) introductory text, and

(i)(6)(iii) and (i)(7); and

d. Revise paragraph (j).

The revisions read as follows:

Sec. 145.7 Requests for Commission records and copies thereof.

* * * * *

(b) Requests for nonpublic records. Except as provided in paragraph

(a) of this section with respect to public records, all requests for

records maintained by the Commission shall be in writing, shall be

addressed to the Office of General Counsel of the Commission and shall

be clearly marked ``Freedom of Information Act Request.''

a timely or satisfactory response will be given to requests for records

that are directed to the Commission other than in the manner prescribed

in paragraph (b) of this section. Any misdirected written request for

nonpublic records should be promptly forwarded to the Office of General

Counsel of the Commission. Misdirected requests for nonpublic records

will be considered to have been received for purposes of this section

only when they actually have been received by the Office of General

Counsel.

* * * * *

(f) Request for existing records. The Commission's response to a

request for nonpublic records will encompass all

[[Page 28004]]

nonpublic records identifiable as responsive to the request that are in

existence on the date that the written request is received by the

Office of General Counsel. The Commission need not create a new record

in response to a FOIA request.

(g) Fee agreement. A request for copies of records pursuant to

paragraph (b) of this section must indicate the requester's agreement

to pay all fees that are associated with the processing of the request,

in accordance with the rates set forth in appendix B to this part, or

the requester's intention to limit the fees incurred to a stated

amount. If the requester states a fee limitation, no work will be done

that will result in fees beyond the stated amount. A requester who

seeks a waiver or reduction of fees pursuant to paragraph (b) of

appendix B of this part must show that such a waiver or reduction would

be in the public interest. If the Office of General Counsel receives a

request for records under paragraph (b) of this section from a

requester who has not paid fees from a previous request in accordance

with appendix B of this part, the staff will decline to process the

request until such fees have been paid.

(h) Initial determination, denials. (1) With respect to any request

for nonpublic records as defined in Sec. 145.0(c), the Compliance

Staff of the Commission will forward the request to the Commission

divisions or offices likely to maintain records that are responsive to

the request. If a responsive record is located, the Compliance Staff

will, in consultation with the Commission office in which the record

was located, determine whether to comply with such request. The

Compliance Staff may, in their discretion, determine whether to comply

with any portion of a request for nonpublic records before considering

the remainder of the request. The Compliance Staff will inform the

requester of the availability of the Commission's FOIA Public Liaison

to offer assistance.

(2) Where it is determined to deny, in whole or in part, a request

for nonpublic records, the Compliance Staff will notify the requester

of the denial, citing applicable exemptions of the Freedom of

Information Act or other provisions of law that require or allow the

records to be withheld. The Compliance Staff's response to the FOIA

request should describe in general terms what categories of documents

are being withheld under which applicable FOIA exemption or exemptions.

The Compliance Staff's response will include a statement notifying the

requester of the right to seek dispute resolution services from the

Commission's FOIA Public Liaison and the National Archives and Records

Administration's Office of Government Information Services. The

Compliance Staff, in denying an initial request for records, is not

required to provide the requester with an inventory of those documents

determined to be exempt from disclosure.

(3) The Compliance Staff will issue an initial determination with

respect to a FOIA request within twenty business days after receipt by

the Office of General Counsel. In unusual circumstances, as defined in

this paragraph, the prescribed time limit may be extended by written

notice to the person making a request for a record or a copy. The

notice shall set forth the reasons for the extension and the date on

which a determination is expected to be dispatched. Where the extension

exceeds ten business days, the Compliance Staff will provide the

requester with an opportunity to modify the request or arrange an

alternative time period for processing the original or modified

request. The Compliance Staff or the FOIA Public Liaison is available

to assist the requester in unusual circumstances. The Compliance Staff

will notify the requester of the right to seek dispute resolution

services from the Office of Government Information Services. As used in

this paragraph, ``unusual circumstances'' means, but only to the extent

reasonably necessary to the proper processing of a particular request:

* * * * *

(i) * * *

(2) An application for review must be received by the Office of

General Counsel within 90 days of the date of the denial by the

Compliance Staff. This 90-day period shall not begin to run until the

Compliance Staff has issued an initial determination with respect to

all portions of the request for nonpublic records. An application for

review shall be in writing and shall be marked ``Freedom of Information

Act Appeal'' and be sent to the Commission's Office of General Counsel.

If the appeal involves information as to which the FOIA requester has

received a detailed written justification of a request for confidential

treatment pursuant to Sec. 145.9(e), the requester must also serve a

copy of the appeal on the submitter of the information.

* * * * *

(5) If the appeal involves information that is subject to a

petition for confidential treatment filed under Sec. 145.9, the

submitter of the information shall have an opportunity to respond in

writing to the appeal within 10 business days of the date of filing the

appeal. Any response shall be sent to the Commission's Office of

General Counsel. Copies shall be sent to the person requesting the

information.

(6) The General Counsel, or his or her designee, shall have the

authority to consider all appeals under this section from initial

determinations of the Compliance Staff of the Commission. The General

Counsel, or his or her designee, may:

* * * * *

(iii) Remand the matter to the Compliance Staff--

(A) To correct a deficiency in the initial processing of the

request, or

(B) When an investigation as to which the staff originally claimed

exemption from mandatory disclosure on the basis of 5 U.S.C.

555(b)(7)(A) or 7 U.S.C. 12(a) is subsequently closed; or

* * * * *

(7) If the initial denial of the request for nonpublic records is

reversed, the Office of General Counsel shall, in writing, advise the

requester that the records will be available on or after a specified

date. If, on appeal, the denial of access to a record is affirmed in

whole or in part, the person who requested the information shall be

notified in writing of:

(i) The reasons for the denial,

(ii) The mediation services offered by the Office of Government

Information Services as a non-exclusive alternative to litigation, and

(iii) The provisions of 5 U.S.C. 552(a)(4) providing for judicial

review of a determination to withhold records.

(j) Expedited processing. A request may be given expedited

processing if the requester demonstrates a compelling need for the

requested records. For purposes of this provision, the term

``compelling need'' means: That a failure to obtain requested records

on an expedited basis could reasonably be expected to pose an imminent

threat to the life or physical safety of an individual; or with respect

to a request made by a person primarily engaged in disseminating

information, urgency to inform the public concerning actual or alleged

federal government activity. A requester who seeks expedited processing

must demonstrate a compelling need by submitting a statement that is

certified by the requester to be true and correct to the best of that

person's knowledge and belief. The Compliance Staff will determine

whether to provide expedited processing, and notice of the

determination will be provided to requester, within ten days after the

date

[[Page 28005]]

of the request. If the request for expedited processing is denied, the

requester may file an appeal with the Office of General Counsel within

ten days of the date of the denial by the Compliance Staff. The Office

of General Counsel will respond to the appeal within ten days after the

date of the appeal.

7. Revise Sec. 145.8 to read as follows:

Sec. 145.8 Fees for records services.

A schedule of fees for record services, including locating, and

making records available, and copying, appears in appendix B to this

part. Copies of the schedule of fees may also be obtained upon request

made in person, by telephone or by mail from the Compliance Staff or at

any regional office of the Commission.

Issued in Washington, DC, on June 14, 2017, by the Commission.

Christopher J. Kirkpatrick,

Secretary of the Commission.

Note: The following appendix will not appear in the Code of

Federal Regulations.

Appendix to Revisions to Freedom of Information Act Regulations--

Commission Voting Summary

On this matter, Acting Chairman Giancarlo and Commissioner Bowen

voted in the affirmative. No Commissioner voted in the negative.

[FR Doc. 2017-12775 Filed 6-19-17; 8:45 am]

BILLING CODE 6351-01-P

Last Updated: June 20, 2017

2017-12775

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