The Commodity Futures Trading Commission is revising certain provisions of its regulations for disclosing records under the Freedom of Information Act (FOIA) to comply with the FOIA Improvement Act of 2016, Public Law 114–185, 130 Stat. 538 (June 30, 2016) (Act).
The Act requires each agency to review its regulations and issue new regulations in accordance with the Act’s provisions. Among other things, the Act requires agencies to: (1) notify requesters of the availability of dispute resolution services from the agency’s FOIA Public Liaison and the National Archives and Records Administration’s Office of Government Information Services; (2) incorporate the US Department of Justice’s foreseeable harm standard, which specifies that an agency only withhold information if it reasonably foresees that disclosure would harm an interest protected by an exemption; and (3) increase the time limit for requesters to file an administrative appeal to 90 days.
The CFTC is issuing an interim rule to revise its FOIA regulations to comply with the Act. This approach enables these regulatory changes to take effect sooner than would be possible with the publication of a Notice of Proposed Rulemaking in advance. However, the CFTC is accepting and will consider all public comments in drafting the final rule.
The interim rule is effective July 20 and comments for the final rule must be received on or before August 21. More information on the rule is available here.