[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Proposed Rules]
[Pages 291-302]
[FR Doc No: 2017-27967]

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

SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 200

[Release Nos. 34-82373; FOIA-192; File No. S7-09-17]
RIN 3235-AM25

Freedom of Information Act Regulations

AGENCY: Securities and Exchange Commission.

ACTION: Proposed rule.

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

SUMMARY: The Securities and Exchange Commission (``Commission'' or
``SEC'') is publishing for comment proposed amendments to the
Commission's regulations under the Freedom of Information Act
(``FOIA''). This rule proposes revisions to the Commission's
regulations under the FOIA to reflect changes required by the FOIA
Improvement Act of 2016 (``Improvement Act''); and clarify, update, and
streamline the language of several procedural provisions.

DATES: Comments should be received by February 2, 2018.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form located at
http://www.sec.gov/rules/proposed.shtml;
     Send an email to [email protected], including File
Number S7-09-17 on the subject line; or
     Use the Federal eRulemaking Portal located at http://www.regulations.gov, following the instructions for submitting
comments.

Paper Comments

     Send paper comments to Secretary, Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number S7-09-17. This file number
should be included on the subject line if email is used. To help us
process and review your comments more efficiently, please use only one
method. The Commission will post all comments on the Commission's
internet website (http://www.sec.gov/rules/proposed.shtml). Comments
are also available for website viewing and printing in the Commission's
Public Reference Room, 100 F Street NE, Washington DC 20549, on
official working days between the hours of 10:00 a.m. and 3:00 p.m. All
comments received will be posted without change.

Persons submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly.
Studies, memoranda, or other substantive items may be added by the
Commission or staff to the comment file during this rulemaking. A
notification of the inclusion in the comment file of any such materials
will be made available on the Commission's website. To ensure direct
electronic receipt of such notifications, sign up through the ``Stay
Connected'' option at www.sec.gov to receive notifications by email.

FOR FURTHER INFORMATION CONTACT: Mark Tallarico, Senior Counsel, Office
of the General Counsel,<PHONE_NUMBER>; Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-5041.

SUPPLEMENTARY INFORMATION:

I. Background

    The Commission is proposing revisions to its regulations under the
FOIA, 5 U.S.C. 552. As required by the Improvement Act, Public Law 114-
185, 130 Stat. 538, the Commission has reviewed its FOIA regulations to
identify any changes that are necessary to conform its regulations to
the Improvement Act. In connection with that review, the Commission has
identified both changes necessitated by the Improvement Act and other
areas where it would be beneficial to clarify, update, and streamline
the language of several procedural provisions. Due to the scope of the
proposed revisions, the proposed rule would replace the Commission's
current FOIA regulations in their entirety (17 CFR 200.80 through
200.80f).

II. Discussion of the Proposed Rule

A. Changes To Conform to the Improvement Act

    The Commission is proposing four changes to the Commission's FOIA
regulations to conform them to the Improvement Act. First, the proposed
rule revises Section 200.80(a) to provide that records the FOIA
requires to be made available for public inspection will be available
in electronic format. Second, the proposed rule revises Section
200.80(c) to provide that a request for records may be denied to the
extent the exemptions in 5 U.S.C. 552(b) apply to the requested records
and Commission staff reasonably foresees that disclosure would harm an
interest protected by the applicable exemption, the disclosure of the
requested records is prohibited by law, or the requested records are
otherwise exempted from disclosure under 5 U.S.C. 552(b)(3). Third, the
proposed rule revises the regulations to state that FOIA requesters may
seek assistance from the Office of FOIA Services' FOIA Public Liaisons
(Sections 200.80(b), (d), and (e)) and to advise FOIA requesters of
their right to seek dispute resolution services offered by the Office
of Government Information Services in the case of a denied request
(Section 200.80(e)). Fourth, the proposed rule revises Section
200.80(g) to incorporate the amendments to the FOIA requiring agencies
to waive fees, under certain circumstances, if they do not comply with
the time limits under the FOIA.

B. Proposed Amendments To Update, Clarify, and Streamline the FOIA
Regulations

    The remaining proposed changes are to certain procedural
provisions. Those changes clarify, update, and streamline the
Commission's regulations, and most of the changes make the regulations
consistent with existing practices. The proposed regulations, among
other things, update the various methods for submitting FOIA requests
and administrative appeals (Sections 200.80(b) and (f)); describe
certain information that is required when submitting requests for
records about oneself or another individual (Section 200.80(b));
explain the situations in which the Office of FOIA Services staff will
work with other Federal agencies that have an interest in agency
records that may be responsive to a request (Section 200.80(c));
incorporate language that allows the Office of FOIA Services to seek a
one-time clarification of an ambiguous request and toll the time period
for responding to the request until the requester clarifies the request
(Section 200.80(c)); clarify when the 20-day statutory time limit for
responding to requests begins (i.e., when requests are received by the
Office of FOIA Services and when requests are modified so that they
reasonably describe the records sought) (Section 200.80(d)); clarify
the Office of FOIA Services' system for multi-track processing of
requests (Section 200.80(d)); and enable the Office of FOIA Services to
aggregate requests involving related matters where it appears that
multiple requests together constitute a single request that would
involve unusual circumstances (Section 200.80(d)).
    Two of the procedural changes impose possible burdens on
requesters. First, requesters must include their full names and return
addresses in their request (Section 200.80(b)). Second, the Office of
FOIA Services may aggregate related requests from one requester (or a
group of requesters), and that aggregation may permit the Office of
FOIA Services to extend deadlines for processing the request or place
the request in a queue for complex requests. Other procedural changes
provide more flexibility to requesters. For example, the proposed rule
provides that administrative appeals need only be sent to the Office of
FOIA Services (no longer requiring appeals to be sent to both the
Office of FOIA Services and the Office of the General Counsel) (Section
200.80(f)).
    The proposed rule also clarifies, consistent with existing
practice, that the Office of FOIA Services will close requests if
requesters do not take certain steps within set time periods. For
example, requesters must respond to the Office of FOIA Services' one-
time clarification request within 30 calendar days (Section 200.80(d));
agree to pay anticipated fees within 30 calendar days of the Office of
FOIA Services' fee estimate (Section 200.80(g)); and, when required to
do so, make an advance payment within 30 calendar days of the Office of
FOIA Services' fee notice (Section 200.80(g)).

C. Proposed Revisions to Fee Provisions

    The proposed rule also revises the Office of FOIA Services' fee
procedures and fee schedule in Section 200.80(g). Two of the revisions
could change current practices. First, the proposed rule allows the
Office of FOIA Services to collect fees before sending records to a
requester instead of seeking payment when the records are sent. Second,
the proposed rule removes from the rule the set duplication fee of 24
cents per page and instead refers requesters to the FOIA fee page on
the Commission's website, where the current fee will be posted.\1\ The
duplication fee posted on the website will reflect the direct costs of
photocopying or producing a printout, taking into account various
factors including the salary of the employee(s) performing the work and
the cost of materials. The duplication fee posted on the Commission's
website will be adjusted as appropriate to reflect current costs.
Eliminating the set duplication fee will allow the Office of FOIA
Services to align its photocopying and printout fees with the actual
costs of duplicating records for production to requesters (in paper
format) without having to amend the regulations.
---------------------------------------------------------------------------

    \1\ The Commission anticipates that the initial posted fee will
be 15 cents per page, and the Commission is already charging this
lower cost.

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

    The proposed rule also codifies several existing practices. For
example, it states that fees for duplicating records onto electronic
medium (including the costs associated with scanning materials, where
applicable) will be the direct costs of duplicating records for
requesters; clarifies that the Office of FOIA Services will not process
any requests once it determines that a fee may be charged unless the
requester commits to pay the estimated fees; adds and clarifies fee-
related definitions; clarifies the direct costs that can be charged by
the Office of FOIA Services as part of search, review, and duplication
fees; and sets forth the various methods by which FOIA processing fees
can be paid.

D. Proposed Elimination of Certain Provisions

    The proposed rule eliminates certain provisions in the Commission's
current FOIA regulations that repeat information contained in the FOIA
statute and do not need to be in the Commission's regulations. Among
the provisions that the Commission is proposing to remove are: (1) The
list of information the FOIA requires the Commission to publish in the
Federal Register (Section 200.80(a)(1) of the current regulations), (2)
the categories of records the FOIA requires the Commission to make
available for public inspection (Section 200.80(a)(2) of the current
regulations), and (3) the nine categories of records that are exempt
from disclosure under 5 U.S.C. 552(b) (Section 200.80(b) of the current
regulations). Finally, the Commission is proposing to eliminate
Appendices A through F. Appendices A through D and F provide general
information that is available on the Commission's website to the extent
it is relevant to the public. The information in Appendix E is revised
and updated and moved to Section 200.80(g) (Fees) of the proposed
regulations.

E. Structure of the Proposed Rule

    The structure of the regulations will be revised accordingly:
Section 200.80(a) (General provisions); Section 200.80(b) (Requirements
for making requests); Section 200.80(c) (Processing requests); Section
200.80(d) (Time limits and expedited processing); Section 200.80(e)
(Responses to requests); Section 200.80(f) (Administrative appeals);
and Section 200.80(g) (Fees).

III. General Request for Comments

    We request and encourage any interested person to submit comments
on any aspect of the proposals, other matters that might have an impact
on the proposals, and suggestions for additional changes. We note that
comments are of particular assistance to us if accompanied by analysis
of the issues addressed in those comments and any data that may support
the analysis. We urge commenters to be as specific as possible.

IV. Economic Analysis

    The Commission is sensitive to the economic effects, including the
costs and benefits, that result from its rules. Section 23(a)(2) of the
Securities Exchange Act of 1934 (``Exchange Act'') requires the
Commission, in making rules pursuant to any provision of the Exchange
Act, to consider among other matters the impact any such rule would
have on competition and prohibits any rule that would impose a burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Exchange Act.\2\ Further, Section 3(f) of the
Exchange Act requires the Commission, when engaging in rulemaking where
it is required to consider or determine whether an action is necessary
or appropriate in the public interest, to consider, in addition to the
protection of investors, whether the action will promote efficiency,
competition, and capital formation.\3\ As discussed further below, the
Commission preliminarily believes that the economic effects of the
proposed amendments would be limited. The Commission notes that, where
possible, it has attempted to quantify the costs, benefits, and effects
on efficiency, competition, and capital formation expected to result
from the proposed amendments. In some cases, however, the Commission is
unable to quantify the economic effects because it lacks the
information necessary to provide a reasonable estimate. Additionally,
some of the potential benefits of the amendments are inherently
difficult to quantify.
---------------------------------------------------------------------------

    \2\ 15 U.S.C. 78w(a).
    \3\ 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    The proposed revisions fall into four categories. First, as
discussed in more detail above, the Commission is proposing amendments
to its regulations to conform the regulations to the Improvement Act.
Consistent with the Improvement Act, the proposed rule provides: (1)
Records required to be made available pursuant to the FOIA will be made
available in electronic format; (2) records will be withheld under the
exemptions in 5 U.S.C. 552(b) only if Commission staff reasonably
foresees that disclosure would harm an interest protected by the
applicable exemption or disclosure is prohibited by law; (3) FOIA
requesters may seek assistance from the Office of FOIA Services' FOIA
Public Liaisons and will be advised that they have the right to seek
dispute resolution services from the Office of Government Information
Services if their request is denied; and (4) the Office of FOIA
Services is required to waive fees, in certain circumstances, if it
does not comply with the time limits under the FOIA. The Commission
believes that these changes would have minimal impact on FOIA
requesters because they largely codify the Commission's existing
practices. To the extent the amendments result in these practices being
followed more consistently, they could benefit the public by increasing
the amount of information available, making more information available
in an electronic format, and ensuring that requesters know of their
right to seek alternative dispute resolution. The Commission also
believes that the public could benefit from the increased transparency
regarding these practices. The Commission does not expect these
proposed amendments to result in additional costs to any member of the
public.
    Second, the Commission is proposing amendments to procedural
provisions, which are intended to better reflect and improve existing
practice. Most of these changes codify existing Office of FOIA Services
practice, including: (1) Adding to the regulation additional methods
for submitting FOIA requests and administrative appeals; (2) clarifying
the existing procedures for submitting requests for records about
oneself or another individual; (3) clarifying the existing procedures
for submitting a proper FOIA request and seeking clarification of a
request; (4) clarifying existing procedures for submitting an
administrative appeal; and (5) clarifying the existing practice that
limits administrative appeals to written filings (i.e., there is no
opportunity for personal appearance, oral argument, or hearing on
appeal). The Commission does not expect these changes to result in
additional costs to any member of the public. The Commission also
expects that there would be some benefit to FOIA requesters from the
increased transparency regarding these practices.
    Two proposed procedural changes could affect members of the public.
First, FOIA requesters will be required to include their full names and
addresses in their requests. Providing a full name and address is not
itself burdensome, but some requesters may prefer to remain anonymous
and could be deterred from submitting FOIA requests by this
requirement. However,

because nearly all FOIA requesters provide this information already,
the Commission expects that the economic impact of the amendment will
be minimal. Second, the Office of FOIA Services will be able to
aggregate related requests from one requester (or a group of
requesters). The Office of FOIA Services could aggregate requests that
on their own do not involve ``unusual circumstances,'' as defined in
the proposed regulations, or warrant placement in a track for complex
requests, so aggregation may lead to extended deadlines for processing
a request or cause a request to be handled after other complex
requests. Based on past experience, the Commission expects that few
requests will be aggregated. In addition, if the aggregation of
requests results in the requests being placed in a track for complex
requests that could extend the processing time, the requester could
modify the request so that it can be processed more quickly. Thus, the
Commission expects that the impact of this amendment also will be
minimal.
    Third, the Commission is proposing to revise the Office of FOIA
Services' fee procedures and fee schedule in several ways, including:
(1) Eliminating from the rule the per page duplication fee for copying
or printing requested records, and instead referring requesters to the
FOIA fee page on the Commission's website; (2) allowing the Office of
FOIA Services to collect fees before sending records to a requester
instead of seeking payment when the records are sent; (3) clarifying
the direct costs that can be charged by the Office of FOIA Services as
part of its search, review, and duplication fees; and (4) codifying the
existing Office of FOIA Services practice of charging requesters the
actual cost of production for materials produced in an electronic
format. In general, lowering fees associated with FOIA requests could
encourage additional FOIA submissions, while raising fees could deter
them. However, as discussed below, the Commission does not anticipate
that any of its proposed changes to the Office of FOIA Services' fee
procedures would impose significant new costs on FOIA requesters.
    With respect to the elimination of the set per page duplication
fee, the Commission anticipates that the initial posted fee will be 15
cents per page, and the Office of FOIA Services has already lowered its
per page duplication fee from 24 cents to 15 cents to reflect its
actual duplication costs. Even if the Office of FOIA Services were to
increase the per page duplication fee in the future, the impact of any
increase would likely be minimal. Information about the fees the
Commission has collected for FOIA requests for the past six years
serves as a baseline from which the Commission can estimate the
economic effects of this proposed change. Table 1 shows the number of
requests received and processed by the Commission during fiscal years
2011 through 2016 and the fees the Commission collected. The fees
collected by the Commission for processing FOIA requests include
charges for staff time associated with locating, reviewing, and copying
responsive documents. The Commission collects fees for duplication of
24 cents per page for paper copies and the costs of production for
other types of media. The fee schedule for FOIA requests is available
on the Commission's website.

                               Table 1--FOIA Requests in Fiscal Years 2011 to 2016
----------------------------------------------------------------------------------------------------------------
                                                                                Fees collected
                          Fiscal year                              Requests        Requests      for processing
                                                                   received        processed        requests
----------------------------------------------------------------------------------------------------------------
2011..........................................................          11,555          11,562        $78,005.94
2012..........................................................          11,292          11,302         27,577.00
2013..........................................................          12,275          12,167         35,954.30
2014..........................................................          14,862          14,757         22,670.81
2015..........................................................          16,898          16,207         19,890.07
2016..........................................................          14,458          15,196         41,029.68
----------------------------------------------------------------------------------------------------------------

    As shown in Table 1, from fiscal year 2011-2016, the Office of FOIA
Services collected an average of $37,521.30 per year in fees for
processing an average of 13,532 requests. These amounts correspond to
an average fee of $2.77 collected per request processed.\4\ Even if all
of those fees were for duplication (which they were not), a one cent
per page increase in duplication fees would result in an increase in
total fees collected of approximately $1,563.39,\5\ corresponding to an
average fee of $2.89 collected per request processed.\6\
---------------------------------------------------------------------------

    \4\ Calculated as $37,521.30/13,532 = $2.77.
    \5\ To arrive at this estimated increase, we divide $37,521.30
in duplication fees by a cost of $0.24 per page to derive an
estimate of approximately 156,339 pages of copies on average per
fiscal year. 156,339 pages x $0.01 increase in per-page duplication
fees = $1,563.39 in additional total processing fees.
    \6\ Calculated as ($37,521.30 + $1,563.39)/13,532 = $2.89.
---------------------------------------------------------------------------

    With respect to the amendment providing that the FOIA Office can
collect fees before sending records to a requester (instead of seeking
payment when the records are sent), the Commission expects that any
additional cost will be limited to a slight delay in receiving
documents. The timing of the collection would not itself impose any
additional costs on FOIA requesters because the timing would not alter
the amount of fees charged. Any delay in receiving the documents would
not be significant because a FOIA requester could make an electronic
payment upon receipt of the request for payment, and the Office of FOIA
Services would then provide the documents. The Commission notes that
some requesters may choose to forego receiving the records in question
if the fees are substantial, though even this impact may be muted
because requesters would have been advised of and approved potential
charges before requests are processed by the FOIA Office.
    The proposed clarification regarding direct costs and codification
of existing practice with respect to fees for materials produced in an
electronic format are consistent with existing practice, and the
Commission therefore does not expect these amendments to impose any
additional burden on the public. The other proposed changes to the
Office of FOIA Services' fee procedures also codify existing processes
and will therefore not impose any additional burden on requesters.
These proposed changes include: (1) Clarifying that the Office of FOIA
Services will not process any requests once it determines that a fee
may be charged unless the requester commits to pay the estimated fees;
and (2) adding and clarifying certain fee-related definitions. The
Commission does not expect these amendments to result in additional
costs to any member of the public. To the contrary, the Commission

believes that the public could benefit from the increased transparency
regarding these practices.
    Finally, the Commission is proposing to eliminate certain
provisions in its FOIA regulations that are restatements of provisions
in the FOIA statute. The Commission does not expect these amendments to
result in any economic effects, as the elimination of these redundant
provisions would not have any substantive consequence.
    The Commission believes that the proposed amendments would not have
any significant impact on efficiency, competition, or capital
formation. The Commission requests comment on all aspects of the
benefits and costs of the proposal, including any anticipated impacts
on efficiency, competition, or capital formation.

V. Regulatory Flexibility Act Certification

    Section 3(a) of the Regulatory Flexibility Act of 1980 (``RFA'')
requires the Commission to undertake an initial regulatory flexibility
analysis of the effect of the proposed rule amendments on small
entities unless the Commission certifies that the proposal, if adopted,
would not have a significant economic impact on a substantial number of
small entities. As discussed above, most of the proposed changes are
procedural. Many of the changes codify existing practices and are
therefore unlikely to have any economic impact on requesters. With
respect to the changes to the fee schedule, under the FOIA, agencies
may recover only the direct costs of searching for, reviewing, and
duplicating the records processed for requesters. These fees are
typically nominal, and the proposed changes to the fees are therefore
similarly nominal and would not have a significant economic impact on a
FOIA requester, even a small entity. In accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), the Commission certifies that the
proposed amendments to the FOIA regulations, if adopted, would not have
a significant economic impact on a substantial number of small
entities. The Commission requests comment regarding the appropriateness
of its certification.

VI. Paperwork Reduction Act

    The proposed rule would not impose any new ``collection of
information'' requirement as defined by the Paperwork Reduction Act of
1995 (``PRA''), 44 U.S.C. 3501 et seq.; nor would it create any new
filing, reporting, recordkeeping, or disclosure reporting requirements.
Accordingly, we are not submitting the proposed rule to the Office of
Management and Budget for review under the PRA.\7\ We request comment
on whether our conclusion that there are no new collections of
information is correct.
---------------------------------------------------------------------------

    \7\ 44 U.S.C. 3507(d) and 5 CFR 1320.11.
---------------------------------------------------------------------------

VII. Small Business Regulatory Enforcement Fairness Act

    Under the Small Business Regulatory Enforcement Fairness Act of
1996, a rule is considered ``major'' where, if adopted, it results or
is likely to result in: (i) An annual effect on the economy of $100
million or more (either in the form of an increase or a decrease); (ii)
a major increase in costs or prices for consumers or individual
industries; or (iii) significant adverse effect on competition,
investment, or innovation.\8\ We request comment on the potential
impact of the proposed rule on the economy on an annual basis, any
potential increase in costs or prices for consumers or individual
industries, and any potential effect on competition, investment, or
innovation. Commenters are requested to provide empirical data and
other factual support for their view to the extent possible.
---------------------------------------------------------------------------

    \8\ Public Law 104-121, 110 Stat. 857 (1996) (codified in
various sections of 5 U.S.C., 15 U.S.C. and as a note to 5 U.S.C.
601).
---------------------------------------------------------------------------

VIII. Statutory Authority and Text of Proposed Rule Amendments

    The amendments contained herein are being proposed under the
authority set forth in 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).

List of Subjects in 17 CFR Part 200

    Administrative practice and procedure; Freedom of information.

Text of Proposed Amendments

    For the reasons stated in the preamble, the Commission proposes to
amend 17 CFR part 200 as follows:

PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND
REQUESTS

Subpart D--Information and Requests

0
1. The authority citation for subpart D is revised to read 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.
    Section 200.82 also issued under 15 U.S.C. 78n.
    Section 200.83 also issued under E.O. 12600, 3 CFR, 1987 Comp.,
p. 235.

0
2. Revise Sec.  200.80 to read as follows:

Sec.  200.80   Securities and Exchange Commission records and
information.

    (a) General provisions. (1) This section contains the rules that
the U.S. Securities and Exchange Commission follows in processing
requests for records under the Freedom of Information Act (``FOIA''), 5
U.S.C. 552, as amended. 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
at subpart H, as well as this section.
    (2) Proactive disclosure of Agency records. (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) Those who do not have access to the internet may obtain these
records by contacting the Commission's Office of FOIA Services by
telephone at<PHONE_NUMBER>, by email at [email protected], or by visiting
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549-2736, on official working days between the hours of 10:00 a.m.
and 3:00 p.m.
    (b) Requirements for making requests for records-- (1) How made and
addressed. The Commission has a centralized system for responding to
FOIA requests, with all requests processed by the Office of FOIA
Services. Requests for agency records must be in writing and include
the requester's full name and a legible return address. Requesters may
also include other contact information, such as an email address and a
telephone number. Requests may be submitted by

U.S. mail or delivery service and addressed to the Freedom of
Information Act Officer, SEC, 100 F Street NE, Washington, DC 20549.
Requests may also be made by facsimile<PHONE_NUMBER>), email
([email protected]), or online at the Commission's website (http://www.sec.gov). The request (and envelope, if the request is mailed or
hand-delivered) should be marked ``Freedom of Information Act
Request.''
    (2) Requests for records about oneself or another individual. (i) A
requester who is making a request for records about himself or herself
must comply with the verification of identity provisions set forth in
subpart H of this part to obtain any documents that would not be
available to the public under the FOIA.
    (ii) For requests for records about another individual, a requester
may receive greater access by submitting either a notarized
authorization signed by the individual permitting disclosure of his or
her records or proof that the individual is deceased (e.g., a copy of a
death certificate or an obituary). The Office of FOIA Services can
require a requester to supply additional information if necessary to
verify that a particular individual has consented to disclosure.
    (3) Description of records sought. A FOIA request must reasonably
describe the agency records sought with sufficient specificity with
respect to names, dates, and subject matter to enable personnel within
the divisions and offices of the Commission to locate them with a
reasonable effort. Before submitting a request, a requester may contact
the Office of FOIA Services' FOIA Public Liaisons to discuss the
records they are seeking and to receive assistance in describing the
records (contact information for these individuals is on the
Commission's website, http://www.sec.gov). If the Office of FOIA
Services determines that a request does not reasonably describe the
records sought, it shall inform the requester what additional
information is needed or how the request is insufficient. A requester
who is attempting to reformulate or modify such a request may discuss
the request with the Office of FOIA Services' designated FOIA contact,
its FOIA Public Liaisons, or a representative of the Office of FOIA
Services, each of whom is available to assist the requester in
reasonably describing the records sought. When a requester fails to
provide sufficient information within 30 calendar days after having
been asked to reasonably describe the records sought, the Office of
FOIA Services shall notify the requester in writing that the request
has not been properly made, that no further action will be taken, and
that the FOIA request is closed. Such a notice constitutes an adverse
determination under paragraph (e)(2) of this section for which the
Office of FOIA Services shall follow the procedures for a denial letter
under paragraph (e)(2) of this section. In cases where a requester has
modified his or her request so that it reasonably describes the
requested records, the date of receipt for purposes of the 20-day time
limit of paragraph (d) of this section shall be the date of receipt of
the modified request.
    (c) Processing requests--(1) In general. (i) A request for records
may be denied to the extent the exemptions in 5 U.S.C. 552(b) apply to
the requested records and:
    (A) Commission staff reasonably foresees that disclosure would harm
an interest protected by the applicable exemption; or
    (B) The disclosure of the requested records is prohibited by law or
is exempt from disclosure under 5 U.S.C. 552(b)(3).
    (ii) In determining which records are responsive to a request, the
Office of FOIA Services ordinarily will include only records in the
agency's possession as of the date that it begins its search.
    (2) Re-routing of misdirected requests. Any division or office
within the Commission that receives a written request for records
should promptly forward the request to the Office of FOIA Services for
processing.
    (3) Consultation, referral, and coordination. When reviewing
records located in response to a request, the Office of FOIA Services
will determine whether another Federal agency is better able to
determine if the record is exempt from disclosure under the FOIA. As to
any such record, the Office of FOIA Services will proceed in one of the
following ways:
    (i) Consultation. In instances where a record is requested that
originated within a division or office within the Commission and
another Federal agency has a significant interest in the record (or a
portion thereof), the Office of FOIA Services will consult with that
Federal agency before responding to a requester. When the Office of
FOIA Services receives a request for a record (or a portion thereof) in
its possession that originated with another entity within the Federal
Government that is not subject to the FOIA, the Office of FOIA Services
will typically consult with that entity prior to making a release
determination.
    (ii) Referral. When the Office of FOIA Services receives a request
for a record (or a portion thereof) in its possession that originated
with another Federal agency subject to the FOIA, the Office of FOIA
Services will typically refer the record to that agency for direct
response to the requester. Ordinarily, the agency that originated the
record will be presumed to be best able to make the disclosure
determination. However, if the Office of FOIA Services and the
originating agency jointly agree that the Office of FOIA Services is in
the best position to make a disclosure determination regarding the
record, then the record may be handled as a consultation and processed
by the Office of FOIA Services. Whenever the Office of FOIA Services
refers a record to another Federal agency for direct response to the
requester, the Office of FOIA Services shall notify the requester in
writing of the referral and inform the requester of the name of the
agency to which the record was referred.
    (iii) Coordination. If disclosure of the identity of the agency to
which the referral would be made could harm an interest protected by an
exemption, the Office of FOIA Services generally will coordinate with
the originating agency to seek its views as to disclosure of the record
and then advise the requester of the release determination for the
record that is the subject of the coordination.
    (iv) Classified information. On receipt of any request involving
classified information, the Commission staff in possession of the
information shall determine whether the information is currently and
properly classified and take appropriate action to ensure compliance
with subpart J of this part. Whenever a request involves a record
containing information that has been classified or may be appropriate
for classification by another Federal agency under an executive order
concerning the classification of records, the Office of FOIA Services
shall refer the responsibility for responding to the request regarding
that information to the agency that classified the information, or that
should consider the information for classification. Whenever agency
records contain information that has been classified by another Federal
agency, the Office of FOIA Services shall refer the responsibility for
responding to that portion of the request to the agency that classified
the underlying information except in circumstances that come within
paragraph (c)(3)(iii) of this section.
    (d) Time limits and expedited processing. -- (1) In general. The
Office of FOIA Services will seek to respond to requests according to
their order of receipt within each track of the Office of FOIA
Services' multitrack processing

system as described in paragraph (d)(4) of this section.
    (2) Initial response. A determination whether to comply with a FOIA
request shall be made within 20 days (excepting Saturdays, Sundays, and
legal public holidays) from the date the Office of FOIA Services
receives a request for a record under this part, except when the
circumstances described in paragraphs (d)(3), (5), or (7) of this
section are applicable. In instances where a FOIA requester has
misdirected a request that is re-routed pursuant to paragraph (c)(2) of
this section, the response time shall commence on the date that the
request is first received by the Office of FOIA Services, but in any
event not later than 10 working days after the request is first
received by any division or office of the Commission.
    (3) Clarification of request. The Office of FOIA Services may seek
clarification of a request (or a portion of a request) for records. The
request for clarification generally should be in writing. The first
time the Office of FOIA Services seeks clarification, the time for
responding to the entire request (set forth in paragraph (d)(2) of this
section) is tolled until the requester responds to the clarification
request. The tolled period will end when the Office of FOIA Services
receives a response from the requester that reasonably describes the
requested records. If the Office of FOIA Services asks for
clarification and does not receive a written response from the
requester within 30 calendar days from the date of the clarification
request, the Office of FOIA Services will presume that the requester is
no longer interested in the record(s) sought and notify the requester
that any portion of the request as to which clarification was sought
has been closed.
    (4) Multitrack processing. The Office of FOIA Services shall use a
multitrack system for processing FOIA requests. The Office of FOIA
Services shall designate one track for requests that are granted
expedited processing, in accordance with the standards set forth in
paragraph (d)(7) of this section. The Office of FOIA Services shall use
two or more additional processing tracks that distinguish between
simple and more complex requests based on the estimated amount of work
and/or time needed to process the request. Among the factors the Office
of FOIA Services may consider are the time to perform a search, the
number of pages that must be reviewed in processing the request, and
the need for consultations or referrals. The Office of FOIA Services
shall advise requesters of the track into which their request falls
and, when appropriate, shall offer the requesters an opportunity to
narrow the scope of their request so that it can be placed in a
different processing track.
    (5) Unusual circumstances. The Office of FOIA Services may extend
the time period for processing a FOIA request in ``unusual
circumstances.'' To extend the time, the Office of FOIA Services shall
notify the requester in writing of the unusual circumstances involved
and of the date by which processing of the request is expected to be
completed. If the extension exceeds 10 working days, the Office of FOIA
Services shall provide the requester, in writing, with an opportunity
to modify the request or arrange an alternative time frame for
processing the request or a modified request. The Office of FOIA
Services shall also make available its FOIA Public Liaisons to assist
in the resolution of any disputes and notify the requester of the right
to seek dispute resolution services from the Office of Government
Information Services. For purposes of this section, ``unusual
circumstances'' include:
    (i) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
    (ii) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records that are the subject
of a single request.
    (iii) The need to consult with another Federal agency having a
substantial interest in the determination of the FOIA request or among
two or more divisions or offices within the Commission having
substantial subject-matter interest therein.
    (6) Aggregating requests. The Office of FOIA Services may aggregate
requests in cases where it reasonably believes that multiple requests,
submitted either by a requester or by a group of requesters acting in
concert, together constitute a single request that would involve
unusual circumstances, as defined in paragraph (d)(5) of this section.
Multiple requests involving unrelated matters shall not be aggregated.
The Office of FOIA Services shall advise requesters, in writing, when
it determines to aggregate multiple requests and comply with paragraph
(d)(5) of this section. Aggregation of requests for this purpose will
be conducted independent of aggregation requests for fee purposes under
paragraph (g)(8) of this section.
    (7) Expedited processing. The Office of FOIA Services shall grant a
request for expedited processing if the requester demonstrates a
``compelling need'' for the records. ``Compelling need'' means that a
failure to obtain the requested records on an expedited basis could
reasonably be expected to pose an imminent threat to an individual's
life or physical safety or, if the requester is primarily engaged in
disseminating information, an urgency to inform the public about an
actual or alleged Federal Government activity.
    (i) A request for expedited processing may be made at the time of
the initial request for records or at any later time.
    (ii) A requester who seeks expedited processing must submit a
statement, certified to be true and correct to the best of that
person's knowledge and belief, explaining why there is a ``compelling
need'' for the records.
    (iii) The Office of FOIA Services shall determine whether to grant
or deny a request for expedited processing and provide notice of that
determination within 10 calendar days of receipt of the request by the
Office of FOIA Services. A request for records that has been granted
expedited processing shall be processed as soon as practicable. If a
request for expedited processing is denied, any appeal of that
determination shall be decided expeditiously.
    (8) Appeals. An administrative appeal shall be decided within 20
days (excepting Saturdays, Sundays, and legal public holidays) from the
date the Office of FOIA Services receives such appeal except in the
unusual circumstances specified in paragraph (d)(5) of this section. In
those unusual circumstances, the 20-day time limit may be extended by
written notice to the person making the appeal setting forth the
unusual circumstances for such extension and the date on which a
determination is expected to be dispatched. No such notice shall
specify a date that would result in an extension of more than 10
working days.
    (e) Responses to requests for records-- (1) Acknowledgment of
requests. Upon receipt of a request for records, the Office of FOIA
Services ordinarily will send the requester an acknowledgment letter
that provides an assigned request number for further reference and, if
necessary, confirms whether the requester is willing to pay fees.
    (2) Responses to requests. (i) Any letter determining whether to
comply with a request will inform the requester of the right to seek
assistance from the Office of FOIA Services' FOIA Public Liaisons.
    (ii) If the Office of FOIA Services makes a determination to grant
a request in whole or in part, it shall notify the requester in writing
of such determination, disclose records to the requester, and collect
any applicable fees.

    (iii) If the Office of FOIA Services makes an adverse determination
regarding a request, it shall notify the requester of that
determination in writing. Adverse determinations, or denials of
requests, include decisions that: The requested record is exempt, in
whole or in part; the request does not reasonably describe the records
sought; the requested record does not exist (or is not subject to the
FOIA), cannot be located, or has previously been destroyed; or the
requested record is not readily producible in the form or format sought
by the requester. Adverse determinations also include designations of
requesters' fee category, denials of fee waiver requests, or denials of
requests for expedited processing.
    (iv) An adverse determination letter shall be signed and include:
    (A) The names and titles or positions of each person responsible
for the adverse determination;
    (B) A brief statement of the reasons for the adverse determination,
including any FOIA exemption applied by the official denying the
request;
    (C) For records disclosed in part, markings or annotations to show
the applicable FOIA exemption(s) and the amount of information deleted,
unless doing so would harm an interest protected by an applicable
exemption. The location of the information deleted shall also be
indicated on the record, if feasible;
    (D) An estimate of the volume of any records or information
withheld by providing the number of pages withheld in their entirety or
some other reasonable form of estimation. This estimate is not required
if the volume is otherwise indicated by deletions marked on the records
that are disclosed in part or if providing an estimate would harm an
interest protected by an applicable FOIA exemption;
    (E) A statement that the adverse determination may be appealed
under paragraph (f) of this section, and a description of the
requirements for filing an administrative appeal set forth in that
paragraph; and
    (F) A statement of the right of the requester to seek dispute
resolution services from the Office of FOIA Services' FOIA Public
Liaisons or the Office of Government Information Services (``OGIS'').
    (3) Mediation services. OGIS offers mediation services to resolve
disputes between requesters and the Office of FOIA Services as a non-
exclusive alternative to litigation. Requesters with concerns about the
handling of their requests may contact OGIS.
    (f) Administrative appeals--(1) Administrative review. If a
requester receives an adverse determination as described in paragraph
(e)(2)(iii) of this section, or the request has not been timely
determined within the time period prescribed in paragraph (d)(2) of
this section or within an extended period permitted under paragraph
(d)(5) of this section, the requester may file an appeal to the Office
of the General Counsel consistent with the procedures described in
paragraphs (f)(2) through (4) of this section. A requester generally
must submit a timely administrative appeal before seeking review by a
court of an adverse determination.
    (2) Time limits. Appeals can be submitted in writing or
electronically, as described in paragraph (f)(3) of this section. The
appeal must be received within 90 calendar days of the date of the
written denial of the adverse determination and must be received no
later than 11:59 p.m., Eastern Time, on the 90th day. If the Office of
FOIA Services has not issued a determination on a request, an appeal
may be submitted any time after the statutory time period for
responding to a request ends.
    (3) Contents of appeal. Appeals should be clearly and prominently
identified at the top of the first page as ``Freedom of Information Act
Appeal'' and should provide the assigned FOIA request number. The
appeal should include a copy of the original request and adverse
determination. Appeals should include a statement of the requester's
arguments as to why the records requested should be made available and
why the adverse determination was in error. If only a portion of the
adverse determination is appealed, the requester must specify which
part is being appealed.
    (4) How to file and address an appeal. If submitted by U.S. mail or
delivery service, the appeal must be sent to the Office of FOIA
Services at 100 F Street NE, Washington, DC 20549. Appeals may also be
made by facsimile at<PHONE_NUMBER>, email ([email protected]), or online at
the Commission's website (http://www.sec.gov). A legible return address
must be included with the FOIA appeal. The requester may also include
other contact information, such as a telephone number and/or email
address.
    (5) Adjudication of appeals. The Office of the General Counsel has
the authority to grant or deny all appeals, in whole or in part. In
appropriate cases the Office of the General Counsel may refer appeals
to the Commission for determination. No opportunity for personal
appearance, oral argument, or hearing on appeal is provided. Upon
receipt of an appeal, the Office of FOIA Services ordinarily will send
the requester an acknowledgment letter that confirms receipt of the
requester's appeal.
    (6) Determinations on appeals. A determination on an appeal must be
made in writing. A determination that denies an appeal, in whole or in
part, shall include a brief explanation of the basis for the denial,
identify the applicable FOIA exemptions asserted, and describe why the
exemptions apply. As applicable, the determination will provide the
requester with notification of the statutory right to file a lawsuit in
accordance with 5 U.S.C. 552(a)(4), and will inform the requester of
the mediation services offered by the Office of Government Information
Services as a non-exclusive alternative to litigation. If the Office of
FOIA Services' determination is remanded or modified on appeal, the
Office of the General Counsel will notify the requester of that
determination in writing.
    (g) Fees-- (1) In general. The Office of FOIA Services shall charge
fees for processing requests under the FOIA in accordance with the
provisions of this section and with the OMB Guidelines, except where
fees are limited under paragraph (g)(4) of this section or when a
waiver or reduction is granted under paragraph (g)(12) of this section.
To resolve any fee issues that arise under this section, the Office of
FOIA Services may contact a requester for additional information. The
Office of FOIA Services shall ensure that searches, review, and
duplication are conducted in an efficient manner. The Office of FOIA
Services ordinarily will collect all applicable fees before sending
copies of records to a requester. Requesters must pay fees by check,
certified check, or money order, or where possible, by electronic
payment.
    (2) Definitions. For purposes of this section:
    (i) Commercial use request is a request from or on behalf of a
person who seeks information for a use or purpose that furthers his or
her commercial, trade, or profit interests, which can include
furthering those interests through litigation. The Office of FOIA
Services will determine whether to place a requester in the commercial
use category on a case-by-case basis based on the requester's intended
use of the information.
    (ii) Direct costs are those expenses the Office of FOIA Services
and any staff within the divisions and offices of the Commission incur
in searching for and duplicating (and, in the case of commercial use
requests, reviewing) records to respond to a FOIA request. Direct costs
include the salary of the employee(s) performing the work (i.e.,

the basic rate of pay for the employee(s), plus 16% of that rate to
cover benefits), the cost of materials, and the cost of operating
computers and other electronic equipment, such as photocopiers and
scanners. Direct costs do not include overhead expenses such as the
costs of space and of heating or lighting a facility in which the
service is performed.
    (iii) Duplication is reproducing a record, or the information
contained in it, to respond to a FOIA request. Copies can take the form
of paper, audiovisual materials, or electronic records, among others.
The Office of FOIA Services shall honor a requester's specified
preference of form or format of disclosure if the record is readily
reproducible with reasonable efforts in the requested form or format.
    (iv) Educational institution is any school that operates a program
of scholarly research. A requester in this fee category must show that
the request is authorized by, and is made under the auspices of, an
educational institution and that the records are not sought for a
commercial use, but rather are sought to further scholarly research.
    (v) Noncommercial scientific institution is an institution that is
not operated to further a commercial, trade, or profit interest and
that is operated solely for the purpose of conducting scientific
research, the results of which are not intended to promote any
particular product or industry. A requester in this category must show
that the request is authorized by and is made under the auspices of a
qualifying institution and that the records are sought to further
scientific research and are not for a commercial use.
    (vi) Representative of the news media or news media requester is
any person or entity that is organized and operated to publish or
broadcast news to the public and that actively gathers information of
potential interest to a segment of the public, uses its editorial
skills to turn the raw materials into a distinct work, and distributes
that work to an audience. The term ``news'' means information that is
about current events or that would be of current interest to the
public. The Office of FOIA Services will determine whether to grant a
requester news media status on a case-by-case basis based upon the
requester's intended use of the requested material.
    (vii) Review is the examination of a record located in response to
a request to determine whether any portion of it is exempt from
disclosure. Review time includes doing all that is necessary to prepare
the record for disclosure, such as redacting the record and marking any
applicable exemptions. Review time also includes time spent obtaining
and considering formal objections to disclosure made by a submitter
under Sec.  200.83, but it does not include time spent resolving legal
or policy issues regarding the application of exemptions.
    (viii) Search is the review, manually or by automated means, of
agency records for the purpose of locating those records that are
responsive to a request. Search time includes page-by-page or line-by-
line identification of information within records and the reasonable
efforts expended to locate and retrieve information from electronic
records.
    (3) Charging fees. In responding to FOIA requests, the Office of
FOIA Services shall charge the fees summarized in chart form in
paragraph (g)(3)(i) of this section and explained in paragraphs
(g)(3)(ii) through (v) of this section, unless fees are limited under
paragraph (g)(4) of this section or a waiver or reduction of fees has
been granted under paragraph (g)(12) of this section.
    (i) The four categories of requesters and the chargeable fees for
each are:

----------------------------------------------------------------------------------------------------------------
         Requester category                Search fees             Review fees             Duplication fees
----------------------------------------------------------------------------------------------------------------
(A) Commercial use requesters......  Yes...................  Yes...................  Yes.
(B) Educational and noncommercial    No....................  No....................  Yes (first 100 pages, or
 scientific institutions.                                                             equivalent volume, free).
(C) Representatives of the news      No....................  No....................  Yes (first 100 pages, or
 media.                                                                               equivalent volume, free).
(D) All other requesters...........  Yes (first 2 hours      No....................  Yes (first 100 pages, or
                                      free).                                          equivalent volume, free).
----------------------------------------------------------------------------------------------------------------

    (ii) Search fees. (A) Search fees shall be charged for all
requests--other than requests made by educational institutions,
noncommercial scientific institutions, or representatives of the news
media--subject to the limitations of paragraph (g)(4) of this section.
The Office of FOIA Services may charge for time spent searching even if
no responsive records are located or it is determined that the records
are entirely exempt from disclosure. Search fees shall be the direct
costs of conducting the search by agency employees.
    (B) Requesters shall be charged the direct costs associated with
conducting any search that requires the creation of a new computer
program to locate the requested records. Requesters shall be notified
of the costs associated with creating and implementing such a program
and must agree to pay the associated costs before the costs may be
incurred.
    (C) For requests that require the retrieval of agency records
stored at a Federal records center operated by the National Archives
and Records Administration (``NARA''), additional costs shall be
charged in accordance with the Transactional Billing Rate Schedule
established by NARA.
    (iii) Review fees. Review fees shall be charged to requesters who
make commercial use requests. Review fees shall be assessed in
connection with the initial review of the record, i.e., the review
agency employees conduct to determine whether an exemption applies to a
particular record or portion of a record. Also, if an exemption
asserted to withhold a record (or a portion thereof) is deemed to no
longer apply, any costs associated with the re-review of the records to
consider the use of other exemptions may be assessed as review fees.
Review fees shall be the direct costs of conducting the review by the
involved employees. Review fees can be charged even if the records
reviewed ultimately are not disclosed.
    (iv) Search and review services (review applies to commercial-use
requesters only). (A) The Office of FOIA Services will establish and
charge average rates for the groups of employees' salary grades
typically involved in the search and review of records. Those groups
will consist of employees at:
    (1) Grades SK-8 or below;
    (2) Grades SK-9 to SK-13; and
    (3) Grades SK-14 or above.
    (B) The average rates will be based on the hourly salary (i.e.,
basic salary plus locality payment), plus 16 percent for benefits, of
employees who routinely perform search and review services. The average
hourly rates are listed on the FOIA web page of the Commission's
website at http://www.sec.gov and will be updated as salaries change.
Fees will

be charged in quarter-hour increments. No search fee or review fee will
be charged for a quarter-hour period unless more than half of that
period is required for search or review.
    (v) Duplication fees. Duplication fees shall be charged to all
requesters, subject to the limitations of paragraph (g)(4) of this
section. Fees for either a photocopy or printout of a record (no more
than one copy of which need be supplied) are identified on the FOIA web
page of the Commission's website at www.sec.gov. For copies of records
produced on tapes, disks, or other media, the Office of FOIA Services
shall charge the direct costs of producing the copy, including operator
time. Where paper documents must be scanned to comply with a
requester's preference to receive the records in an electronic format,
the requester shall pay the direct costs associated with scanning those
materials. For all other forms of duplication, the Office of FOIA
Services shall also charge the direct costs.
    (4) Limitations on charging fees. (i) No search or review fees will
be charged for requests by educational institutions (unless the
requests are sought for a commercial use), noncommercial scientific
institutions, or representatives of the news media.
    (ii) Except for requesters seeking records for a commercial use,
the Office of FOIA Services shall provide without charge the first 100
pages of duplication (or the cost equivalent for other media) and the
first two hours of search.
    (iii) Fees will not be charged where the costs of collecting and
processing the fee are likely to equal or exceed the amount of the fee.
    (iv) The Office of FOIA Services will not assess search fees (or,
in the case of requests from representatives of the news media or
educational or noncommercial scientific institutions, duplication fees)
when 5 U.S.C. 552(a)(4)(A)(viii) prohibits the assessment of those
fees.
    (5) Notice of anticipated fees. (i) When the Office of FOIA
Services determines or estimates that the fees to be assessed in
accordance with this section will exceed the amount it would cost the
Office of FOIA Services to collect and process the fees, the Office of
FOIA Services shall notify the requester of the actual or estimated
amount of fees, unless the requester has indicated a willingness to pay
fees as high as the estimated fees. If only a portion of the fee can be
estimated readily, the Office of FOIA Services shall advise the
requester accordingly. If the requester is not a commercial use
requester, the notice shall specify that the requester is entitled to
the statutory entitlements of 100 pages of duplication at no charge
and, if the requester is charged search fees, two hours of search time
at no charge.
    (ii) In cases in which a requester has been notified that the
actual or estimated fees will amount to more than it would cost the
Office of FOIA Services to collect and process the fees, or amount to
more than the amount the requester indicated a willingness to pay, the
Office of FOIA Services will do no further work on the request until
the requester commits in writing to pay the actual or estimated total
fee, or designates some amount of fees the requester is willing to pay,
or in the case of a requester who is not a commercial use requester
designates that the requester seeks only that which can be provided by
the statutory entitlements. The Office of FOIA Services will toll the
response period while it notifies the requester of the actual or
estimated amount of fees and this time will be excluded from the 20
working day time limit (as specified in paragraph (d)(2) of this
section). The requester's agreement to pay fees must be made in
writing, must designate an exact dollar amount the requester is willing
to pay, and must be received within 30 calendar days from the date of
the notification of the fee estimate. If the requester fails to submit
an agreement to pay the anticipated fees within 30 calendar days from
the date of the Office of FOIA Services' fee notice, the Office of FOIA
Services will presume that the requester is no longer interested in the
records and notify the requester that the request has been closed.
    (iii) The Office of FOIA Services shall make available their FOIA
Public Liaisons or other FOIA professionals to assist any requester in
reformulating a request to meet the requester's needs at a lower cost.
    (6) Charges for other services. Although not required to provide
special services, if the Office of FOIA Services chooses to do so as a
matter of administrative discretion, the direct costs of providing the
service shall be charged. Examples of such special services include
certifying that records are true copies, providing multiple copies of
the same document, or sending records by means other than first class
mail. The cost for the attestation of records with the Commission seal
(i.e., certifying records as true copies) is $4.00 per record, which
may be waived for records certified electronically. Requests for
certified copies of records or documents shall ordinarily be serviced
within 20 working days. Requests will be processed in the order in
which they are received.
    (7) Charging interest. The Office of FOIA Services may begin to
charge interest on any unpaid bill starting on the 31st calendar day
following the date of billing the requester. Interest charges shall be
assessed at the rate provided in 31 U.S.C. 3717 and accrue from the
date of the billing until the payment is received. The Office of FOIA
Services shall take all steps authorized by the Debt Collection Act of
1982, as amended, and the Commission's Rules Relating to Debt
Collection to effect payment, including offset, disclosure to consumer
reporting agencies, and use of collection agencies.
    (8) Aggregating requests. If the Office of FOIA Services reasonably
believes that a requester or a group of requesters acting in concert is
attempting to divide a request into a series of requests for the
purpose of avoiding fees, the Office of FOIA Services may aggregate
those requests and charge accordingly. Among the factors the Office of
FOIA Services shall consider in deciding whether to aggregate are
whether the requests were submitted close in time and whether the
requests seek documents about related matters. The Office of FOIA
Services may presume that multiple requests that involve related
matters made by the same requester or a group of requesters within a 30
calendar day period have been made to avoid fees. For requests
separated by a longer period, the Office of FOIA Services will
aggregate them only where it determines that aggregation is warranted
in view of all the circumstances involved.
    (9) Advance payments. (i) For requests other than those described
in paragraphs (g)(9)(ii) and (iii) of this section, the Office of FOIA
Services shall not require a requester to make advance payment (i.e.,
payment made before the Office of FOIA Services begins to process or
continues to work on a request). Payment owed for work already
completed (i.e., payment before copies are sent to a requester) is not
an advance payment.
    (ii) When the Office of FOIA Services determines or estimates that
a total fee to be charged under this section will exceed $250.00, it
shall notify the requester of the actual or estimated fee and may
require the requester to make an advance payment of the entire
anticipated fee before beginning to process the request. A notice under
this paragraph shall offer the requester an opportunity to discuss the
matter with the Office of FOIA Services' FOIA Public Liaisons or other
FOIA professionals to modify the request in

an effort to meet the requester's needs at a lower cost.
    (iii) When a requester has previously failed to pay a properly
charged FOIA fee to the Office of FOIA Services or other Federal agency
within 30 calendar days of the date of billing, the Office of FOIA
Services shall notify the requester that he or she is required to pay
the full amount due, plus any applicable interest, and to make an
advance payment of the full amount of any anticipated fee, before the
Office of FOIA Services begins to process a new request or continues
processing a pending request from that requester. Where the Office of
FOIA Services has a reasonable basis to believe that a requester has
misrepresented the requester's identity to avoid paying outstanding
fees, it may require that the requester provide proof of identity and
pay in advance.
    (iv) When the Office of FOIA Services requires advance payment or
payment due under paragraphs (g)(9)(ii) and (iii) of this section, the
Office of FOIA Services will not further process the request until the
required payment is made. The Office of FOIA Services will toll the
processing of the request while it notifies the requester of the
advanced payment due and this time will be excluded from the 20 working
day time limit (as specified in paragraph (d)(2) of this section). If
the requester does not pay the advance payment within 30 calendar days
from the date of the Office of FOIA Services' fee notice, the Office of
FOIA Services will presume that the requester is no longer interested
in the records and notify the requester that the request has been
closed.
    (10) Tolling. When necessary for the Office of FOIA Services to
clarify issues regarding fee assessment with the requester, the time
limit for responding to a FOIA request is tolled until the Office of
FOIA Services resolves such issues with the requester.
    (11) Other statutes specifically providing for fees. The fee
schedule of this section does not apply to fees charged under any
statute (except the FOIA) that specifically requires an agency to set
and collect fees for particular types of records. In instances where
records responsive to a request are subject to a statutorily-based fee
schedule program, the Office of FOIA Services shall inform the
requester how to obtain records from that program. Provision of such
records is not handled under the FOIA.
    (12) Requirements for waiver or reduction of fees. (i) Records
responsive to a request will be furnished without charge, or at a
charge reduced below that established under paragraph (g)(3) of this
section, if the requester asks for such a waiver in writing and the
Office of FOIA Services determines, after consideration of information
provided by the requester, that the requester has demonstrated that:
    (A) Disclosure of the requested information is in the public
interest because it is likely to contribute significantly to public
understanding of the operations or activities of the government; and
    (B) Disclosure of the information is not primarily in the
commercial interest of the requester.
    (ii) In deciding whether disclosure of the requested information is
likely to contribute significantly to public understanding of the
operations or activities of the government, the Office of FOIA Services
shall consider all four of the following factors:
    (A) The subject of the request: Whether the subject of the
requested records concerns the operations or activities of the
government. The subject of the requested records must concern
identifiable operations or activities of the Federal Government, with a
connection that is direct and clear, not remote or attenuated.
    (B) The informative value of the information to be disclosed:
Whether the disclosure is likely to contribute to an understanding of
government operations or activities. The disclosable portions of the
requested records must be meaningfully informative about government
operations or activities to be likely to contribute to an increased
public understanding of those operations or activities. The disclosure
of information that already is in the public domain, in either a
duplicative or a substantially identical form, would not be likely to
contribute to such understanding.
    (C) The contribution to an understanding of the subject by the
public likely to result from disclosure: Whether disclosure of the
requested information will contribute to the understanding of a
reasonably broad audience of persons interested in the subject, as
opposed to the individual understanding of the requester. A requester's
expertise in the subject area and ability and intention to effectively
convey information to the public shall be considered. It shall be
presumed that a representative of the news media satisfies this
consideration.
    (D) The significance of the contribution to public understanding:
Whether the disclosure is likely to contribute significantly to public
understanding of government operations or activities. The public's
understanding of the subject in question prior to the disclosure must
be significantly enhanced by the disclosure.
    (iii) In deciding whether disclosure of the requested information
is primarily in the commercial interest of the requester, the Office of
FOIA Services shall consider the following factors:
    (A) The existence and magnitude of a commercial interest: Whether
the requester has a commercial interest that would be furthered by the
requested disclosure. The Office of FOIA Services shall consider any
commercial interest of the requester (with reference to the definition
of ``commercial use requester'' in paragraph (g)(2)(i) of this
section), or of any person on whose behalf the requester may be acting,
that would be furthered by the requested disclosure. Requesters shall
be given an opportunity to provide explanatory information regarding
this consideration.
    (B) The primary interest in disclosure: Whether the public interest
is greater than any identified commercial interest in disclosure. The
Office of FOIA Services ordinarily shall presume that where a news
media requester has satisfied the public interest standard, the public
interest will be the interest primarily served by disclosure to that
requester. Disclosure to data brokers or others who merely compile and
market government information for direct economic return shall not be
presumed to primarily serve the public interest.
    (iv) If only a portion of the requested records satisfies both the
requirements for a waiver or reduction of fees, a waiver or reduction
of fees will be granted for only that portion.
    (v) Requests for a waiver or reduction of fees should address all
the factors identified in paragraphs (g)(12)(ii) and (iii) of this
section.
    (vi) Denials of requests for a waiver or reduction of fees are
adverse determinations (as defined in paragraph (e)(2)(iii) of this
section) and may be appealed to the General Counsel in accordance with
the procedures set forth in paragraph (f) of this section.

Sec.  200.80a  [Removed]

0
3. Remove Sec.  200.80a.

Sec.  200.80b   [Removed]

0
4. Remove Sec.  200.80b.

Sec.  200.80c  [Removed]

0
5. Remove Sec.  200.80c.

Sec.  200.80d   [Removed]

0
6. Remove Sec.  200.80d.

Sec.  200.80e  [Removed]

0
7. Remove Sec.  200.80e.

Sec.  200.80f  [Removed]

0
8. Remove Sec.  200.80f.

    By the Commission.

    Dated: December 21, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017-27967 Filed 1-2-18; 8:45 am]
 BILLING CODE 8011-01-P


Reader’s Guide Cyromazine

CRM:  James Parker

EPA/OPPTS/OPP/SRRD

Reader’s Guide to the Cyromazine E-docket # EPA-HQ-OPP-2006-0108

Publication Date: March 28, 2007

	EPA has created this document to provide an organizational structure to
the 	Cyromazine E-docket.  The docket index lists the caption entries
sequentially, 	while this document lists them by subject matter.  The
Agency is providing the 	“Readers Guide” to allow the reader to more
easily access and navigate the 	various entries contained in the
Cyromazine E-docket.

Federal Register and Docket Organization Documents:

Docket Entry 1.	Federal Register Notice:  Cyromazine Registration Review
					document, Risk Assessments and Related documents; Notice of
Availability (March 28, 2007)

This notice announces that the risk assessments are available for public
review and comment.

Docket Entry 2.	Reader’s Guide to the Cyromazine E-docket#
EPA-HQ-OPP-2006-				0108 (March 23, 2007)

This document is an index which lists all documents available in the
docket to assist the readers in locating information.

Docket Entry 3.	Cyromazine: Registration Review Summary document
(March 23, 2007)

This document discusses the Agency’s Preliminary Work Plan for
cyromazine and summarizes the uses, health effects, and ecological
effects.

Docket Entry 4.	Comparison of U.S. tolerances & Maximum Residue Limits
		(July 08, 2006)

This table compares U.S. tolerances with Codex and Canada, Mexico and
European Union MRLs.

Usage

Docket Entry 5.	Cyromazine: Screening Level Usage Analysis

			(December 05, 2006)

This document estimates cyromazine usage on agricultural crops in the
United States.

Docket Entry 6.	Food/Feed & Non-Food/Non-Feed Uses Eligible for
Reregistration

			(October 26, 2006)

This document lists the food/feed & non-food/non-feed uses eligible for
Registration Review.

Incidents

Docket Entry 7.	Cyromazine: Human Health Effects Incidents Report

			(February 26, 2007)

This document reports human health incidents pertaining to cyromazine,
obtained from a variety of different sources.

Docket Entry 8.	Cyromazine: Ecological Incidents Report

			(August 16, 2006)

This document reports ecological incidents pertaining to cyromazine,
obtained from a variety of different sources.

Human Health Risk Assessment Documents

Docket Entry 9. 	Toxicology Endpoint Selection Document (January 10,
1997)

This document summarizes the review of the cyromazine toxicology
database in order to make appropriate endpoint selections.

Docket Entry 10.	Cyromazine: Health Effects Division Risk
Characterization for 				Use of the Chemical Cyromazine in/on Mangoes,
Crop Group 3: 				Bulb Vegetables, Potatoes, Cottonseed, Sweet corn and
Radishes 				(March 11, 1998)

This document describes the potential risk to the US general population
and population sub-groups from the use of cyromazine in/on mangoes, crop
group 3: bulb vegetables, potatoes, cottonseed, sweet corn and radishes.

Docket Entry 11.	Human Health Risk Assessment for Cyromazine in/on Lima
Bean 				and Reassessment of Established Tolerances (July 14, 1999)

This document describes the potential risk to the US general population
and population sub-groups from the use of cyromazine in/on Lima beans
and reassesses established tolerances.

Docket Entry 12.	Cyromazine Report of the Hazard Identification
Assessment 				Review Committee (May 28, 2002)

This document summaries the Hazard Identification Assessment Review
Committee’s (HIARC) review and recommendations for cyromazine.

Docket Entry 13. 	Cyromazine in/on Bulb Vegetables (Group 3), Leafy
Brassica 				Vegetables (Group 5) and Turnip Greens (July 16, 2003)

This document describes the potential risk to the US general population
and population sub-groups from the use of cyromazine in/on bulb
vegetables (group 3), leafy brassica (group 5) and turnip greens.

Docket Entry 14.	Cyromazine: (R35) Application to Add Potatoes to EPA
Reg. No. 				100-654 (December 26, 2006)

This document summarizes the dietary risks associated with amending the
use of potatoes on the cyromazine label for Trigard 75WP (EPA Reg. No.
100.654).

Ecological Risk Assessment Documents

Docket Entry 15.	Cyromazine: Celery, Potatoes and Bulb Vegetables
Assessment  				(August 09, 1999)

This document describes the potential ecological risks from the use of
cyromazine in/on celery, potatoes and bulb vegetable (in addition to
other registered uses).

Docket Entry 16.	Cyromazine: Lima Beans Assessment (October 15, 1999)

This document describes the potential ecological risks from the use of
cyromazine in/on lima beans.

Docket Entry 17.	Cyromazine: Dry Beans (April 30, 2002)

This document describes the potential ecological risks from the use of
cyromazine in/on dry beans.

Docket Entry 18.	Review of New Use for Cyromazine on Potatoes (June 20,
2006)

This document describes the ecological risk associated with an increased
application rate on potatoes.

Human Health (Occupational Risk Assessment) Documents

Docket Entry 19.	Occupational/Residential Risk Assessment to Support
Request for 				a Section 3 Registration of Cyromazine on Brassica
(Cole) Leafy 				Vegetables Group 5, and Turnip Greens. (January 30,
2003)

This document describes the potential human health effects of
occupational exposure to cyromazine.


[Federal Register: June 25, 2010 (Volume 75, Number 122)]
[Notices]
[Page 36460-36461]
[DOCID:fr25jn10-107]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62326; File No. SR-NASDAQ-2010-068]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change To Establish a Revenue Sharing
Program With Correlix, Inc.

June 18, 2010.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and rule 19b-4 thereunder,\2\ notice is hereby given that
on June 8, 2010, The NASDAQ Stock Market LLC (the ``Exchange'' or
``NASDAQ'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    NASDAQ is filing with the Securities and Exchange Commission
(``SEC'' or ``Commission'') a proposed rule change to establish a
revenue sharing program with Correlix, Inc. (``Correlix''). The text of
the proposed rule change is available at http://
nasdaq.cchwallstreet.com, at the Exchange's principal office, and at
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NASDAQ is filing a proposed rule change to establish a revenue
sharing program with Correlix.\3\ NASDAQ has entered into an agreement
with Correlix to provide to users of the NASDAQ Market Center real-time
analytical tools to measure the latency of orders to and from that
System. Under the agreement, NASDAQ will receive 30% of the total
monthly subscription fees received by Correlix from parties who have
contracted directly with Correlix to use their RaceTeam latency
measurement service for the NASDAQ Market Center. NASDAQ will not bill
or contract with any Correlix RaceTeam customer directly.
---------------------------------------------------------------------------

    \3\ If approved, this program shall commence upon termination of
the free 60-day trial period for Correlix servives [sic] proposed in
SR-NASDAQ-2009-069 [sic].
---------------------------------------------------------------------------

    Pricing for the Correlix RaceTeam product for the NASDAQ market
varies depending on the number of unique MPIDs and ports selected by
the customer for monitoring by Correlix. For NASDAQ (including the
NASDAQ Options Market), the fee will be an initial $3,000 monthly base
fee for the first unique MPID monitored. For each additional unique
MIPD [sic] sought to be monitored, an additional monthly charge of
$1,000 will be assessed. The monthly price for each unique MPID
includes the monitoring of up to 25 NASDAQ port connections associated
with that particular MPID. Customers that wish to exceed 25 ports per-
MPID for monitoring can purchase additional 25 port blocks for an
additional fee of $1000 per month per MPID.
    Under the program, Correlix will see an individualized unique
NASDAQ-generated identifier that will allow Correlix RaceTeam to
determine round trip order time,\4\ from the time the order reaches the
NASDAQ extranet, through the NASDAQ matching engine, and back out of
the NASDAQ extranet. The RaceTeam product offering does not measure
latency outside of the NASDAQ extranet. The unique identifier serves as
a technological information barrier so that the RaceTeam data collector
will only be able to view data for Correlix RaceTeam subscriber firms
related to latency. Correlix will not see subscriber's individual order
detail such as security, price or size. Individual RaceTeam
subscribers' logins will restrict access to only their own latency
data. Correlix will see no specific information regarding the trading
activity of non-subscribers.
---------------------------------------------------------------------------

    \4\ The product measures latency of orders whether the orders
are rejected, executed, or partially executed.
---------------------------------------------------------------------------

    NASDAQ believes that above arrangement will provide users of the
NASDAQ Market Center greater transparency into the processing of their
trading activity and allow them to make more efficient trading
decisions.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of section 6 of the Act,\5\ in general, and with
sections 6(b)(5) of the Act,\6\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. In
particular, the proposal will provide greater transparency into trade
and information processing and thus allow market participants to make
better-informed and more efficient trading decisions.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, NASDAQ believes that the proposed rule change is
consistent with the provisions of section 6 of the Act,\7\ in general,
and with section 6(b)(4) of the Act,\8\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which NASDAQ operates or controls. In particular,
NASDAQ notes that it operates in a highly competitive market in which
market participants can readily direct orders to competing venues and
that use of the Correlix RaceTeam product is completely voluntary.
Further, NASDAQ makes the RaceTeam product uniformly available pursuant
to a standard non-discriminatory pricing schedule offered by Correlix.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).

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

B. Self-Regulatory Organization's Statement on Burden on Competition

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2010-068 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2010-068. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASDAQ-2010-068 and should be submitted on or before July 16, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-15361 Filed 6-24-10; 8:45 am]
BILLING CODE 8010-01-P