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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations more times and to make the public aware that FMCS has a FOIA Public Liaison that will locate records for a request. FMCS removes language in paragraph b to add language to account for the foreseeable harm threshold standard that gives FMCS the ability to withhold information if FMCS
reasonably foresees the information would harm interest protected by an exemption or otherwise allowed by law.
FMCS removes language in paragraph c to add language regarding partial disclosures, full disclosures, and inextricably intertwined records. FMCS
removes paragraphs d and e becomes the new paragraph d.
In 1401.22, FMCS removes the current language to add the section titled Requirements for Making Requests. It adds paragraphs a1, 2, and 3, b, c, and d to include FMCS contact information for making requests, requester requirements, requests from requesters seeking information pertaining to another individual, what information should be included in a request and the preferred format, and requester providing contact information for requests.
In 1401.23, FMCS removes the current language to add the section titled Responsibility for Responding to Requests. It adds paragraphs a, b, c introductory text, c1, 2, and 3, d, and e to include information regarding FMCS responsibilities in responding to requests.
FMCS adds the following sections in accordance with the 2016 FOIA
Improvement Act:
1401.24 Timing of responses to requests.
1401.25 Responses to requests.
1401.26 Confidential commercial information CCI.
1401.27 Appeals.
1401.28 Preservation of records.
1401.29 Fees.
In 1401.30, FMCS removes the current language to add language that doesnt entitle any person to service or disclosure of any records which a person isnt entitled to under the FOIA.
FMCS removes 1401.31, 1401.32, 1401.33, 1401.34, 1401.35, and 1401.36
because the information in these sections was consolidated into other sections in revised subpart B.
III. Rulemaking Procedure Under the Administrative Procedures Act 5 U.S.C. 553b, an agency may waive the normal notice and comment requirements if it finds, for good cause, that they are impracticable, unnecessary, or contrary to the public interest. As authorized by 5 U.S.C.
553b3B, FMCS finds good cause the
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waive notice and opportunity for comment on the amendments. Notice and opportunity for comment are unnecessary, because the FMCS is issuing this final rule for the limited purpose of complying with specific direction in the Act requiring agencies to update their FOIA regulations in accordance with the Act, and the final rule updates FMCS regulations only as necessary to bring them into compliance with the Act.
IV. Plain Writing The Plain Writing Act of 2010 Pub.
L. 111274 requires Federal agencies to write documents in a clear, concise, and well-organized manner. FMCS has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, Plain language in Government Writing, published June 10, 1998 62 FR 31883.
V. National Environmental Policy Act FMCS has determined that this final rule is the type of action described in categorical exclusion 10 CFR
51.22c1. Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
VI. Paperwork Reduction Act This final rule does not contain a collection of information as defined in the Paperwork Reduction Act of 1995
44 U.S.C. 33501 et seq. and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995.
VII. Congressional Review Act This final rule is a rule defined in the Congressional Review Act 5 U.S.C.
801808. However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act.
List of Subjects in 29 CFR Part 1401
Administrative practice and procedure, Fees, Freedom of information, Privacy.
For the reasons discussed in the preamble, and under the authority 29
U.S.C. 172 of the Taft Harley Act of 1947 and the FOIA Improvement Act, FMCS amends 29 CFR part 1401 as follows:
PART 1401PUBLIC INFORMATION
1. The authority citation for part 1401
continues to read as follows:

Authority: Sec. 202, 61 Stat. 136, as amended; 5 U.S.C. 552.

2. Revise subpart B to read as follows:

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Subpart BProduction or Disclosure of Information Sec.
1401.20 Purpose and scope.
1401.21 Proactive disclosures and other disclosure requirements.
1401.22 Requirements for making requests.
1401.23 Responsibility for responding to requests.
1401.24 Timing of responses to requests.
1401.25 Responses to requests.
1401.26 Confidential commercial information CCI.
1401.27 Appeals.
1401.28 Preservation of records.
1401.29 Fees.
1401.30 Other rights and services.
1401.20

Purpose and scope.

This subpart contains the rules that the Federal Mediation and Conciliation Service FMCS or the Agency follows in processing requests for records under the Freedom of Information Act FOIA, 5 U.S.C. 552.
The regulations in this subpart should be read in conjunction with the text of the FOIA and the Uniform Freedom of Information Act 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 Privacy Act criteria as well as under this subpart.
1401.21 Proactive disclosures and other disclosure requirements.

a The FMCS will make available for public inspection in an electronic format on the Agencys website any record that has been requested 3 or more times. The Agency has a FOIA Public Liaison who can assist individuals in locating records particular to an agency.
The FMCS FOIA Public Liaisons contact information is available on the FMCS FOIA web page www.fmcs.gov/
foia.
b The FMCS will withhold information under FOIA only if the Agency reasonably foresees that disclosure would harm an interest protected by an exemption or as otherwise allowed by law.
c Partial disclosures are appropriate for use by the FMCS when full disclosure is inappropriate or impossible. If a record contains both disclosable and exempt information, the exempt information will be redacted and the remaining record will be disclosed unless the two are so inextricably intertwined that it is not possible to separate them. Records disclosed in part shall be marked or annotated to show both the amount and
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