Rule2021-18425
Freedom of Information Act Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 26, 2021
Effective
August 26, 2021
Issuing agencies
Securities and Exchange Commission
Abstract
The Securities and Exchange Commission ("Commission") is making an amendment to the Commission's Freedom of Information Act ("FOIA") regulations to remove a provision stating that records that the FOIA requires to be made available for public inspection in an electronic format will be available to persons who do not have access to the internet in the Commission's Public Reference Room. The Commission's FOIA regulations will continue to provide that persons who do not have access to the internet can obtain the documents required to be made available for public inspection by telephone or email request to the Office of FOIA Services.
Full Text
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<title>Federal Register, Volume 86 Issue 163 (Thursday, August 26, 2021)</title>
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[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Rules and Regulations]
[Pages 47561-47562]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18425]
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SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 200
[Release No. 34-92727; FOIA-194]
Freedom of Information Act Regulations
AGENCY: Securities and Exchange Commission.
ACTION: Final rule.
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SUMMARY: The Securities and Exchange Commission (``Commission'') is
making an amendment to the Commission's Freedom of Information Act
(``FOIA'') regulations to remove a provision stating that records that
the FOIA requires to be made available for public inspection in an
electronic format will be available to persons who do not have access
to the internet in the Commission's Public Reference Room. The
Commission's FOIA regulations will continue to provide that persons who
do not have access to the internet can obtain the documents required to
be made available for public inspection by telephone or email request
to the Office of FOIA Services.
DATES: Effective date: August 26, 2021.
FOR FURTHER INFORMATION CONTACT: Ray McInerney, FOIA/PA Officer, Office
of FOIA Services, (202) 551-6249; Securities and Exchange Commission,
100 F Street NE, Washington, DC 20549-5041.
SUPPLEMENTARY INFORMATION: The Commission is adopting an amendment to
its FOIA regulations at 17 CFR 200.80(a)(2)(ii).
I. Background
The Freedom of Information Act requires each agency, in accordance
with published rules, to make certain records available for public
inspection in an electronic format.\1\ The Commission's regulation at
17 CFR 200.80(a)(2)(ii) provides that records that the FOIA requires to
be made available for public inspection in an electronic format are
accessible through the Commission's website. In addition, under the
existing regulation, persons without access to the internet may obtain
these records by telephone or email request or by visiting the Public
Reference Room at the Commission's headquarters in Washington, DC. The
FOIA itself does not require that agencies provide access to documents
that are available for public inspection in an electronic format in a
public reference room.
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\1\ 5 U.S.C. 552(a)(2).
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The Public Reference Room, which is housed within the Commission's
Library, contains a computer terminal that members of the public may
use to access records that the SEC is required to make publicly
available under the FOIA. The Commission's visitor logs and information
from the Commission Library staff indicate that no one has used the
computer terminal in the Public Reference Room to access records that
the FOIA requires to be made available for public inspection in an
electronic format from 2018 through the date of this document.\2\ In
light of the lack of use of the computer terminal in the Public
Reference Room as a means of accessing the records, we are adopting
technical amendments to our FOIA rules to remove the reference to
obtaining access in the Public Reference Room. The Commission's
regulation will continue to provide that persons who do not have access
to the internet will be able to obtain the documents required to be
made available for public inspection via telephone or email request to
the Commission's Office of FOIA Services.
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\2\ Due to the COVID pandemic, the public has not been allowed
access to the Public Reference Room since April 13, 2020.
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II. Administrative Law Matters
The Commission finds, in accordance with the Administrative
Procedure Act (``APA''), that these revisions relate solely to agency
organization, procedures, or practice and do not constitute a
substantive rule. Accordingly, the APA's provisions regarding notice of
rulemaking, opportunity for public comment, and advance publication of
the amendments are not applicable.\3\ For the same reason, and because
these amendments do not substantially affect the rights or obligations
of non-agency parties, the provisions of the Small Business Regulatory
Enforcement Fairness Act are not applicable.\4\
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\3\ 5 U.S.C. 553.
\4\ 5 U.S.C. 804(3)(C).
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Additionally, the provisions of the Regulatory Flexibility Act,
which apply only when notice and comment are required by the APA or
other law, are not applicable. These amendments do not contain any
collection of information requirements as defined by the Paperwork
Reduction Act of 1995.
III. Economic Analysis
We are adopting an amendment to remove a provision that states that
documents that the FOIA requires to be made available for public
inspection in an electronic format will be available to persons who do
not have access to the internet in the Commission's Public Reference
Room. This amendment does not impose any substantive regulatory
obligations on any person. We do not believe the amendment will have
any substantial economic effect, including on efficiency, competition,
or capital formation. All documents that the FOIA requires to be
available will remain available to the public via the internet, mail,
email, or telephone request. Members of the public who wish to make use
of the Commission's Public Reference Room but who must now make use of
one of the alternatives could potentially incur net costs if the
alternatives are less accessible than using the computer available in
the Public Reference Room. However, since the documents at issue are
readily available through any computer connected to the internet and
can also be obtained by mail and since no person has used the
Commission's Public Reference Room for this purpose in at least two
years, we believe any such incremental costs will be small and incurred
infrequently. Because the amendment imposes no substantial new burdens
on private parties, the Commission believes that the amendment will not
have any impact on
[[Page 47562]]
competition for purposes of section 23(a)(2) of the Securities Exchange
Act of 1934.\5\
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\5\ 15 U.S.C. 78w(a)(2).
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IV. Statutory Authority
The amendments contained herein have been made under the authority
set forth in 5 U.S.C. 552 and 15 U.S.C. 78w(a).
List of Subjects in 17 CFR Part 200
Administrative practice and procedure, Freedom of information.
Text of Amendments
For the reasons stated in the preamble, the Commission amends title
17, chapter II of the Code of Federal Regulations as follows:
PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND
REQUESTS
Subpart D--Information and Requests
0
1. The authority citation for part 200, subpart D, continues to read in
part 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.
* * * * *
0
2. Amend Sec. 200.80 by revising paragraph (a)(2) to read as follows:
Sec. 200.80 Securities and Exchange Commission records and
information.
(a) * * *
(2)(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, <a href="http://www.sec.gov">http://www.sec.gov</a>. 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) Persons who do not have access to the internet may obtain
these records by contacting the Commission's Office of FOIA Services by
telephone at 202-551-7900 or by email at <a href="/cdn-cgi/l/email-protection#14727b7d756475546771773a737b62"><span class="__cf_email__" data-cfemail="e88e8781899889a89b8d8bc68f879e">[email protected]</span></a>.
* * * * *
By the Commission.
Dated: August 23, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-18425 Filed 8-25-21; 8:45 am]
BILLING CODE 8011-01-P
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