FOIA Advisor

FOIA News: Farm Credit Administration amends regulations without public comment

FOIA News (2015-16)Allan BlutsteinComment

The Farm Credit Administration (FCA) issued a final rule today that amends the agency's FOIA regulations to reflect the changes made by the FOIA Improvement Act of 2016.  The FCA did not solicit or consider public comment before issuing the rule, following the same approach as the Farm Credit Insurance Corporation (FCIC) on August 30, 2016.  The FCA provided the same explanation as the FCIC for bypassing public comment:  "The proposed amendments are required by statute, do not involve agency discretion, and provide additional protections to the public through the existing regulations.  Thus, notice and public procedure are impracticable, unnecessary, and contrary to the public interest."