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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Rules and Regulations
TTD 312 7514701, Marguerite.Dadabo@rrb.gov.
The Railroad Retirement Board RRB
amends 20 CFR 200.4 to comply with the FOIA Improvement Act of 2016
Pub. L. 114185. The amendments address procedures for notifying requesters of availability of assistance and/or for engaging in dispute resolution through the FOIA Public Liaison and the Office of Government Information Services OGIS, and extend the time to file an administrative appeal to 90 days. In addition, the amendments to 200.4 provide procedures for determining when fees for FOIA
requests should be waived or reduced, how requesters may seek fee waivers, and when restrictions on charging fees should apply. The amendment also provides procedures for requesting expedited processing where compelling need is shown. The amendment also adds a category of documents that are available for public inspection. The amendment corrects various typographical errors or changes in nomenclature. Lastly, consistent with current policy of the RRB, this amendment replaces the word Board with RRB in those instances where the text refers to the agency rather than the three-member Board.

SUPPLEMENTARY INFORMATION:

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Public Participation The RRB is issuing an interim rule to make these revisions in the RRBs FOIA
regulations, because these changes merely bring the regulations into alignment with the provisions contained in the FOIA Improvement Act of 2016
and with current case law and to clarify the procedure the RRB uses with respect to fee determinations. This approach allows these regulatory changes to take effect sooner than would otherwise be possible with the publication of a notice of proposed rulemaking in advance.
Nevertheless, the RRB welcomes public comments from any interested person on any aspect of the changes made by this interim final rule. Please refer to the ADDRESSES section above. The RRB will carefully consider all public comments in the drafting of the final rule.
Please note that all comments received are considered part of the public record. The information made available includes personal identifying information such as name and address voluntarily submitted by the commenter. If you want to submit personal identifying information such as your name and address as part of your comment, but do not want it to be posted online, you must include the phrase PERSONAL IDENTIFYING

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INFORMATION in the first paragraph of your comment. You also must locate all the personal identifying information you do not want posted online in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment, but do not want it to be posted online, you must include the phrase CONFIDENTIAL BUSINESS
INFORMATION in the first paragraph of your comment. You also must prominently identify any confidential business information to be redacted within the comment. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be posted. Personal identifying information and confidential business information identified and located as set forth above will be placed in the agencys public docket file, but not posted online. If you wish to inspect the agencys public docket file in person, please see the FOR FURTHER INFORMATION
CONTACT section above to schedule an appointment.
Statutory and Executive Order Reviews Administrative Procedure Act The RRBs implementation of this rule as an interim final rule, with provision for post-promulgation public comment, is based on section 553b of the Administrative Procedure Act. 5 U.S.C.
553b. Under section 553b, an agency may issue a rule without notice of proposed rulemaking and the prepromulgation opportunity for public comment, with regard to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice. The RRB has determined that many of the revisions being made are interpretive rules issued by the RRB, as they merely advise the public of the RRBs construction of the new statute and clarify the application of the substantive law. Moreover, the RRB has determined that the remaining revisions are rules of agency procedure or practice, as they do not change the substantive standards the agency applies in implementing the FOIA. The RRB has also concluded that there is good cause to find that a pre-publication public comment period is unnecessary.
These revisions to the existing regulations in 20 CFR 200.4 merely implement the statutory changes, align the RRBs regulations with controlling judicial decisions, and clarify agency procedures.

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Paperwork Reduction Act The RRB has determined that the Paperwork Reduction Act, 44 U.S.C.
3501 et seq., does not apply because these regulations do not contain any information collection requirements subject to OMBs approval.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local, or tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the statutory provisions of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501, et seq.
Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605b, the RRB
has determined that this rule will not have a significant economic impact on a substantial number of small entities because it pertains to administrative matters affecting the agency.
Executive Order 12866Regulatory Review The Office of Management and Budget, has determined that this is not a significant regulatory action under Executive Order 12866, as amended.
Therefore, no regulatory impact analysis is required. There are no changes to the information collections associated with 200.4, because these materials are already available in electronic format.
Executive Order 12988Civil Justice Reform This rule meets the applicable standards under sections 3a and 3b of Executive Order 12988, Civil Justice Reform.
Executive Order 13132Federalism This rule will not have substantial direct effect on the states, on the relationship between the National Government and the states, or on the distribution of power and responsibilities among the various levels of government. Therefore, the RRB has determined this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement in accordance with Executive Order 13132, Federalism.
List of Subjects in 20 CFR Part 200
Administrative practice and procedure, Railroad employees, Railroad retirement, Reporting and recordkeeping requirements.

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