76898 federal register/vol. 77, no. 250/monday, december 31, … · 2015. 6. 19. · 76898 federal...

76898 Federal Register/Vol. 77, No. 250/Monday, December 31, 2012/Rules and Regulations

of the United States. EPA will submit areport containing this rule and otherrequired information to the U.S. Senate,the U.S. House of Representatives, andthe Comptroller General of the UnitedStates prior to publication of the rule inthe Federal Register. This rule is not a"major rule" as defined by 5 U.S.C.804(2).

List of Subjects

40 CFR Part 9

Environmental protection, Reportingand recordkeeping requirements.

40 CFR Part 721

Environmental protection, Chemicals,Hazardous substances, Reporting andrecordkeeping requirements.

Dated: December 17, 2012.

Maria J. Doa,Director, Chemical Control Division, Officeof Pollution Prevention and Toxics.

Therefore, 40 CFR parts 9 and 721 areamended as follows:

PART 9-[AMENDED]

m 1. The authority citation for part 9continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136-136y;15 U.S.C. 2001, 2003, 2005, 2006, 2601-2671;21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,1321, 1326, 1330, 1342, 1344, 1345(d) and(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,1971-1975 Comp. p. 973; 42 U.S.C. 241,242b, 243, 246, 300f, 300g, 300g-1, 300g-2,300g-3, 300g-4, 300g-5, 300g-6, 300j-1,300j-2, 300j-3, 300j-4, 300j-9, 1857 et seq.,6901-6992k, 7401-7671q, 7542, 9601-9657,11023, 11048.

§ 9.1 [Amended]

* 2. The table in § 9.1 is amended byremoving the entries "§ 721.10509" and"§ 721.10515" under the undesignatedcenter heading "Significant New Uses ofChemical Substances."

PART 721-[AMENDED]

* 3. The authority citation for part 721continues to read as follows:

Authority: 15 U.S.C. 2604, 2607, and2625(c).

§ 721.10509 [Removed]

* 4. Remove § 721.10509.

§ 721.10515 [Removed]

5. Remove § 721.10515.[FR Doe. 2012-31403 Filed 12-28-12; 8:45 am]

BILLING CODE 6560-50-P

DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 2

RIN 1093-AA15Freedom of Information Act

Regulations

AGENCY: Office of the Secretary, Interior.ACTION: Final rule.

SUMMARY: This rule revises theregulations that the Department of theInterior (the "Department") follows inprocessing records under the Freedomof Information Act ("FOIA"). Therevisions clarify and update proceduresfor requesting information from theDepartment and procedures that theDepartment follows in responding torequests from the public. The revisionsalso incorporate clarifications andupdates resulting from changes to theFOIA and case law. Finally, therevisions include current cost figures tobe used in calculating and charging feesand increase the amount of informationthat members of the public may receivefrom the Department without beingcharged processing fees.DATES: Effective January 30, 2013.SUPPLEMENTARY INFORMATION:

I. Why We're Publishing This Rule andWhat It Does

A. Introduction

The regulations are being revised toupdate, clarify, and streamline thelanguage of procedural provisions, andto incorporate certain changes broughtabout by the amendments to the FOIAunder the OPEN Government Act of2007, Public Law 110-175, 121 Stat.2524. Additionally, the regulations arebeing updated to reflect developmentsin the case law and to include currentcost figures to be used in calculatingand charging fees.

The revisions also incorporatechanges to the language and structure ofthe FOIA regulations in order toimprove the Department's FOIAperformance. More nuanced multitrackprocessing can be found at § 2.15.Partial fee waivers are expresslypermitted under § 2.45. Revisions of theDepartment's fee schedule can be foundat §§ 2.42, 2.49(a)(1), and Appendix A.The duplication charge for physicalrecords or scanning records increasedfrom thirteen to fifteen cents a page. Theamount at or below which theDepartment will not charge a feeincreased from $30.00 to $50.00.

On September 13, 2012, theDepartment published a proposed rule

in the Federal Register (77 FR 56592)and requested comments over a 60-dayperiod ending on November 13, 2012.All comments received were consideredin drafting this final rule.

B. Discussion of Comments

Six commenters responded to theinvitation for comments, including onecommenter from a subcomponent of aFederal agency and five commentersfrom non-Federal sources. While mostof the commenters generally supportedthe proposed changes, they identifiedthirty specific issues orrecommendations, which theDepartment addressed as follows:The Final Rule Should Include More

Information in Its Introductory Section

One commenter suggested that § 2.1discuss how to submit a FOIA request(and also expressed concern that theregulations might only allow FOIArequests to be submitted to theDepartment electronically). Because§ 2.3 directly addresses where to send aFOIA request (and specifically discusseswhere to find the physical and emailaddresses of each bureau's FOIAOfficer), the Department has notadopted this suggestion.

The Final Rule Should Not CreateUnnecessary Burdens for Requesters

One commenter suggested thatrequiring requesters to "write directly tothe bureau that you believe maintainsthose records" in § 2.3(b) was overlyburdensome and creates barriers toaccess, because requesters may notknow where the records are maintained.However, § 2.3(d) specifically notes that"[q]uestions about where to send aFOIA request should be directed to thebureau that manages the underlyingprogram or to the appropriate FOIAPublic Liaison, as discussed in § 2.66."Therefore, the Department does notbelieve § 2.3 is unduly burdensome andhas not amended it.

The Final Rule Should ProvideExamples of How Requesters CanReasonably Describe the Records TheySeek

One commenter suggested thatexamples of how requesters canreasonably describe the records theyseek be added to § 2.5(b), and theDepartment has adopted this suggestion.

The Final Rule Should Not Use theAmbiguous Phrase "Does Not HearFrom You"

One commenter suggested, in thecontext of § 2.5, that the use of "doesnot hear from you" was ambiguous. TheDepartment has adopted this suggestion

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by replacing the ambiguous phrase with"does not receive a written responsefrom you" everywhere it occurred(§§ 2.5, 2.6, and 2.51).

The Final Rule Should AllowRequesters More Time To Respond tothe Department's Communications andMake Advance Payments

One commenter suggested that thetime for requesters to respond to theDepartment in §§ 2.5(c), 2.6(c), and2.50(e) be expanded from 20 workdays(the time period in the draft version ofthe final rule, as well as in theDepartment's previous version of thefinal rule) to 30 workdays. As thecommenter notes, the Department does"expend[] numerous resources toproduce documents pursuant to theFOIA, and the agency has an interest inresolving FOIA matters in an organizedand timely fashion." Although thecommenter believes the 20 workdaydeadline is "unreasonable andarbitrary," it has been the standard forthe Department for over a decade andthe Department believes that it isreasonable and comports with thestatutory FOIA processing deadlines.The Department therefore declines toadopt this suggestion.

The Final Rule Should Require theDepartment To Notify Requesters inAdvance Before Charging Them theDirect Costs of Converting Records tothe Format They Request

One commenter suggested § 2.8(b) berevised to require a bureau to informrequesters in advance if it intends tocharge the requester any direct costs forconverting the requested records into arequested format. The Department hasadopted this suggestion by adding across reference to § 2.44 and adding thisscenario to the examples given in§ 2.44(b).

The Final Rule Should Not ConfuseExpedited Processing Requests andFOIA Requests

One commenter suggested that thejuxtaposition of §§ 2.10 and 2.11 couldlead to confusion about what kinds of"requests" were being referenced inthese sections. The Department agreesand has adopted this suggestion byamending § 2.10.

The Final Rule Should Elaborate on theDepartment's Consultation and ReferralProcess

One commenter suggested that, in§ 2.13(c) and (e), the Department notifyrequesters of whether part of the requestor entire request has been referred, andthe Department has adopted thissuggestion. The same commenter also

suggested that the Department providethe requester with the contactinformation (in addition to the name) ofthe person the request had been referredto, and the Department has adopted thissuggestion. Another commenterexpressed concerns about § 2.13, statingthat portions of it were "ambiguous andhave no legal basis." This commenterspecified that § 2.13(e) permitted theDepartment to withhold the identity ofoutside agencies to which theDepartment refers FOIA requests, underlimited circumstances, and §§ 2.13(f)(2)and 2.13(f)(4) did not have concreteexamples. The Department has carefullyreviewed § 2.13(e) and finds it to beunambiguous and consistent with lawand policy. The Department has alsoconcluded that adding examples to§§ 2.13(f)(2) and 2.13(f)(4) would not bebeneficial, as the situations that willarise under these sections are highly factspecific and general examples would bebulky and would not be illuminating.However, the Department agrees that theprevious versions of §§ 2.13(a) and2.13(h) were unintentionally confusing.The Department therefore has adoptedthis suggestion in part and revised thesesections for clarity.

The Final Rule Should Not Expand theTime Period for Determining Whetherthe Department Will Comply With aRequest

One commenter suggested that themultiple tracks for processing FOIArequests outlined in § 2.15 violatedFOIA's requirement that agencies"determine within 20 days [or longer inunusual circumstances] * * * after thereceipt of any [FOIA] request whether tocomply with such request * * * " 5U.S.C. 552(a)(6)(A). However, § 2.15does not alter the statutory requirementfor a bureau to determine whether itwill comply with a request. To thecontrary, it implements 5 U.S.C.552(a)(6)(D)(i), which specificallypermits agencies to promulgateregulations "providing for multitrackprocessing of requests for records basedon the amount of work or time (or both)involved in processing requests." Thisprovision of the FOIA recognizes that abureau exercising due diligence candetermine whether it will comply witha request within the statutorytimeframe, but may need additionaltime to search for and process therecords in question. It also recognizesthat simple requests should not have towait for long periods of time while morecomplex requests are processed. Toclarify this point, the Department hasadded paragraph (f) to this section. (TheDepartment has also corrected atypographical error in § 2.15(c)(3) that

may have created confusion aboutprocessing times.) The same commenteralso suggested the definition of"review" in § 2.70 would violate FOIA'smandated time limits. However, thedefinition addresses when fees will becharged to a requester, not how long abureau has to respond to a FOIArequest. Neither § 2.15 nor § 2.70expands the time period for determiningwhether to comply with a request andtherefore neither have been amended.

The Final Rule Should Help SetRequesters' Expectations of When ToExpect a Response

One commenter suggested a clauseand a sentence be added to § 2.16(a)referring to the potential of a 10-dayextension, to help set the requester'sexpectations of when to expect aresponse. The Department has adoptedthe suggestion to refer to the potentialextension, but consolidated thesuggested language. The final rulealready has a provision discussing whenthe bureau may extend the basic timelimit (§ 2.19) and a cross reference to ithas been added to § 2.16(a). TheDepartment has also amended § 2.16(a)to more exactly track the language of 5U.S.C. 552(a)(6)(A)(i).

The Final Rule Should Not Exceed theFOIA's Temporary SuspensionAuthority

One commenter expressed concernthat the provisions in § 2.18(b) exceededthe FOIA's provisions for temporarilysuspending the statutory responseperiod because a temporary suspensionwas allowed to occur more than once ifthe bureau needed to clarify issuesregarding fee assessments. However, 5U.S.C. 552(a)(6)(A) makes it clear that,although a temporary suspension canoccur only once when a bureau isreasonably asking for clarifyinginformation unrelated to feeassessments (and the temporarysuspension ends with a requester'sresponse), temporary suspensions of thestatutory response period can occur asmany times as is necessary when abureau needs clarifying informationregarding a fee assessment. This sectiontherefore does not exceed FOIA'stemporary suspension authority and hasnot been amended.

The Final Rule Should Require theDepartment To Include a BriefDescription of the Subject of the Requestin Acknowledgement Letters

One commenter suggested that theDepartment add a clause to § 2.21(b)requiring bureaus to provide a briefdescription of the subject of the requestin its acknowledgment letter. The

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Department declines to adopt theportion of the suggestion about makingthis description mandatory, due to theincreased burden it would place onbureaus (especially those with a highrate of FOIA requests) and thedampening effect this would have onexperimenting with new forms ofwritten acknowledgments that couldmore quickly serve requesters (such aspost cards). The Department has,however, added a sentence to § 2.21(b)noting this information may beincluded.

The Final Rule Should Clarify WhenProcedural Benefits Are Denied VersusWhen Records Are Denied

A commenter suggested modifying§ 2.23 to clarify when a request is beingdenied as opposed to the denial ofprocedural benefits under FOIA. TheDepartment agrees this would be helpfuland has made the suggestedmodifications, along with a few minorclarifications. The Department alsomade a minor change to paragraph (a)(3)of this section because a some materialthat had previously been included in§ 2.13(h), amendments to which werediscussed above, made more sense inthis context.

The Final Rule Should Require theDepartment to State the Precise Volumeof Denied Material and Provide aDetailed Justification of ItsWithholdings

One commenter suggested § 2.24 beamended to state that, where possible,the requester will be provided with theprecise volume of denied material,rather than an estimated volume.Although the Department has declinedto adopt this exact suggestion (becauseit believes the change would have asignificant negative impact on theDepartment's processing and responsetimes while providing the requesterwith very little, if any, additional,meaningful information), it hasamended § 2.25 to more exactly trackthe language of 5 U.S.C. 552(b), whichthe commenter referenced. Anothercommenter suggested § 2.24 be amendedto require "a detailed justification for [a]denial," citing case law requiringdetailed justifications in a litigationcontext. The Department has consideredthis suggestion, but declined to adopt itbecause it is not required at anadministrative level and would have atremendous negative impact on theDepartment's processing and responsetimes.

The Final Rule Should Correctly StateWhat Types of Information Can BeProtected Under the Trade Secrets Act

One commenter suggested that § 2.36be amended to state that only tradesecrets can be withheld under the TradeSecrets Act, 18 U.S.C. 1905. However,the Trade Secrets Act is a broadlyworded criminal statute that prohibitsthe unauthorized disclosure of morethan simply "trade secrets." See, e.g.,Bartholdi Cable Co. v. FCC, 114 F.3d274, 281 (D.C. Cir. 1997) (citing CANFin. Corp v. Donovan, 830 F.2d 1132,1140 (D.C. Cir. 1987) and declaring:"[W]e have held that information fallingwithin Exemption 4 of FOIA also comeswithin the Trade Secrets Act."); Parkerv. Bureau of Land Mgmt., 141 F. Supp.2d 71, 77 n.5 (D.D.C. 2001) ("AlthoughFOIA exemptions are normallypermissive rather than mandatory, theD.C. Circuit has held that the disclosureof material which is exempted under[Exemption 4 of the FOIA] is prohibitedunder the Trade Secrets Act"). Thissection therefore has not been amended.

The Final Rule Should Reflect ThreeFee Categories, Rather Than Four

One commenter suggested that §§ 2.38and 2.70 be amended to reflect that theFOIA provides for three fee categories,not four. While the Department agreesthat only three categories are referred toin the FOIA, it has found over manyyears that requesters appreciate andbenefit from the additional clarityprovided by having one of the broadercategories split in two. The Departmenttherefore has not adopted thissuggestion.The Final Rule Should Use

Individualized Local Locality Payments

One commenter suggested that§ 2.41(b) be amended from "the fees willbe the average hourly General Schedule("GS") base salary, plus the District ofColumbia locality payment" to "the feeswill be the average hourly GeneralSchedule ("GS") base salary, plus anyapplicable locality payment." TheDepartment utilized the District ofColumbia ("DC") locality payments asits standardized locality payment in itsprevious version of the final rule andfound it to be both efficient andreasonable. It allows the Department tocreate a standard chart that all bureauscan use to calculate fees, rather thaneach bureau calculating differentamounts for different employees (in theDepartment, it is not unusual for peoplewho work on the same request to be inmultiple geographic locations) andrequesters being confused by widelyvarying charges for the same work. It

makes sense to use the DC locality asthe standard, given the large numbers ofthe Department's FOIA professionalsand processors that are based in DC TheDepartment therefore has not adoptedthis suggestion.

The Final Rule Should Not UndulyLimit Agency Decisions on Fee Waiversand Appeals

One commenter suggested that§ 2.45(c) unduly limits bureau decisionson fee waivers and this wouldnegatively impact appeal decisionsunder § 2.57. However, § 2.45(c) merelyallows a bureau to make fee waiverdecisions based on what is submitted toit by the requester, rather than beingrequired to seek additional information(although it is free to do so, at itsdiscretion). The Department thereforehas not amended these sections.

The Final Rule Should Further ClarifyWhen Fees May Be Waived

One commenter suggested adding thefollowing sentence to § 2.45(d) in orderto further assist the Department insetting expectations for requestersregarding fee waivers: "A fee waiver istied to the subject of the request inaddition to the identity of therequester." The Department isconcerned that adopting this suggestionwould give the mistaken impressionthat only these two criteria are at issuein fee waiver determinations. But, inresponse to this comment, § 2.45(d) nowincludes two cross references. Thesecross references, to the fee waivercriteria in §§ 2.45(a) and 2.48, will helpset requesters' expectations regardingfee waivers.

The Final Rule Should Say More AboutWhere and How To File a Fee Waiver

One commenter suggested that § 2.46discuss where and how to file a feewaiver request. Because § 2.6 directlyaddresses where and how to file feewaiver requests (and § 2.46 alreadycross references § 2.6), the Departmentbelieves adopting this suggestion is notnecessary.

The Final Rule Should Not Be Narrowerthan FOIA's Fee Waiver Standards

One commenter expressed concernthat § 2.48(a)(4), which outlines one ofthe four criteria bureaus are asked toconsider when evaluating a fee waiverrequest, was narrower than FOIA's feewaiver standards. However, thisprovision does not narrow the scope of5 U.S.C. 552(a)(4)(A)(iii), it simply helpsthe Department analyze whether thedisclosure of the information is likely tocontribute significantly to publicunderstanding of the operations or



activities of the government. Because§ 2.48(a)(4) is not narrower than FOIA'sfee waiver standards, the Departmenthas not adopted this suggestion. Thesame commenter also expressed concernabout a change of phrasing in§ 2.48(a)(3)(iv) from the parallelprovision in the previous version of thefinal rule. The Department did notintend to change the provision'smeaning. Therefore, in accordance withthe commenter's suggestion, the word"unlikely" has been removed and thephrase "less likely" restored.

The Final Rule Should Require theDepartment to Allow Requesters To Payin Installments

One commenter suggested that§ 2.50(e) be amended to require theDepartment to "collaborate with FOIArequesters to establish a paymentschedule that would permit requestersto pay [advance payments] ininstallments instead of closing outrequests." As the commenter notes, thisprovision mirrors the applicableprovision in the previous version of thefinal rule. Changing it would greatly addto the complexity, uncertainty, and timespent processing advance fee payments,impairing the Department's FOIAprocessing. The Department thereforedeclines to adopt this suggestion.

The Final Rule Should ClearlyArticulate its Rationale for Combiningor Aggregating Requests

One commenter suggested theDepartment should articulate itsrationale for combining or aggregatingrequests more clearly in § 2.54. TheDepartment agrees the previous versionof this section was unintentionallyconfusing. The lettering/numberingtherefore has been amended.Additionally, a "will" in § 2.54(a)(2) hasbeen amended to "may."

The Final Rule Should ProvideExamples of Types of Records theDepartment May Charge Fees forOutside the Scope of FOIA

One commenter suggested it may behelpful to include examples of theparticular types of records that a bureaumay charge fees for outside of the scopeof the FOIA in § 2.55. The Departmenthas carefully considered this suggestionand has concluded that examples in thisarea would be so specific and narrowthat they would be more distractingthan illuminating. The Departmenttherefore has not adopted thissuggestion.

The Final Rule Should Allow BureausNot Only To Waive Fees Discretionarily,But Also To Reduce themDiscretionarily

One commenter suggested that § 2.56be amended to allow for thediscretionary reduction of fees (inaddition to the discretionary waiver offees) and the Department has adoptedthis suggestion. The same commenteralso suggested that new language beadded to give Department employeesadditional, broader discretion forwaiving or reducing fees, for example,whenever "the interest of the UnitedStates Government would be served."The Department has declined to adoptthis suggestion, because it is concernedthat it would create unrealisticexpectations on the part of requesters,undercut FOIA's statutory feerequirements, and provide Departmentemployees with an unacceptably vaguestandard.

The Final Rule Should Strengthen theRegulations to Expand OnlineDisclosures

One commenter suggested that theDepartment require all responses toFOIA requests be posted online (exceptthose that implicate the Privacy Act)and that it adopt a policy to proactivelydisclose information to the greatestextent possible. The Department hascarefully considered this suggestion, butdeclines to adopt it because it believesthe final rule reflects the appropriatebalance between providing usefulinformation and an appropriate use ofthe Department's resources.

The Final Rule Should SpecificallyDiscuss Working With the Office ofGovernment Information Services("OGIS")

Two commenters suggested the finalrule discuss the services offered byOGIS. The Department agrees thatOGIS's role in the FOIA process shouldbe noted in the final rule. Rather thanwaiting until after an appeal decisionhas been made to introduce thisinformation (as one of the commenterssuggested), the Department has adoptedthis suggestion by requiring bureaus toprovide information on OGIS in letterstaking final action on a request, whichwill ensure maximum dissemination ofthe information at the most appropriatestage of the process. The revised§ 2.21(a) both clarifies the provision andrequires the Department to providenotice of the services offered by OGIS toall of the Department's FOIA requesters,rather than just the ones that fileappeals.

The Final Rule Should IncludeProcedures for Confidential BusinessInformation

One commenter suggested theDepartment require submitters of olderrecords to provide additionalinformation to explain why theinformation is still confidential and itsrelease would still be harmful after thepassage of time. However, § 2.28(g)already requires this, so the Departmentbelieves adopting this suggestion is notnecessary.

The Final Rule Should Not ContraveneTransparency Goals

One commenter asserted, in additionto a number of specific comments, thatthe final rule directly contravenestransparency goals. The Department hascarefully considered this assertion, butbelieves the final rule improves overallprocessing and increases transparency,so no changes have been made based onthis comment.

The Final Rule Should Not Change theFOIA, Exceed the Scope of theDepartment's Rulemaking Authority, orBe Contrary to Law

One commenter's entire commentwas: "NO.Do not change the freedom ofinfo act." As noted above, this ruleconsists of the regulations that theDepartment follows in processingrecords under the FOIA. It does notchange the FOIA itself in any way.Another commenter asserted, inaddition to a number of specificcomments, that the final rule exceededthe scope of the Department'srulemaking authority and was "contraryto law." The Department has carefullyconsidered these assertions, but believesthe final rule was fully within the scopeof the Department's rulemakingauthority and completely consistentwith all applicable laws, so no changeshave been made based on this comment.

C. Technical and Procedural Comments

A number of commenters madesuggestions related to minor wordchoices, minor clarifications, andadditional citations, many of whichhave been adopted without furthercomment. The Department has alsofixed a few minor typographical errors.Additionally, the Department addedcross references, and/or made veryminor clarifications in the followingsections: 2.7(a) and (b), 2.15(a), 2.17,2.19(c), 2.20(c), 2.22(c), 2.33, 2.41(a) and(c), 2.42(a), 2.43(a), and 2.60(b). Finally,in the interests of clarity, theDepartment also added phrases to§§ 2.31(a) and 2.63(c) and a secondparagraph to § 2.37(f).

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II. Compliance With Laws andExecutive Orders

1. Regulatory Planning and Review(Executive Orders 12866 and 13563)

Executive Order 12866 provides thatthe Office of Information and RegulatoryAffairs will review all significant rules.The Office of Information andRegulatory Affairs has determined thatthis rule is not significant.

Executive Order 13563 reaffirms theprinciples of E.O. 12866 while callingfor improvements in the nation'sregulatory system to promotepredictability, to reduce uncertainty,and to use the best, most innovative,and least burdensome tools forachieving regulatory ends. Theexecutive order directs agencies toconsider regulatory approaches thatreduce burdens and maintain flexibilityand freedom of choice for the publicwhere these approaches are relevant,feasible, and consistent with regulatoryobjectives. E.O. 13563 emphasizesfurther that regulations must be basedon the best available science and thatthe rulemaking process must allow forpublic participation and an openexchange of ideas. We have developedthis rule in a manner consistent withthese requirements.

2. Regulatory Flexibility Act

The Department of the Interiorcertifies that this rule will not have asignificant economic effect on asubstantial number of small entitiesunder the Regulatory Flexibility Act (5U.S.C. 601 et seq.).

3. Small Business RegulatoryEnforcement Fairness Act (SBREFA)

This is not a major rule under 5 U.S.C.804(2), the Small Business RegulatoryEnforcement Fairness Act. This rule:

a. Does not have an annual effect onthe economy of $100 million or more.

b. Will not cause a major increase incosts or prices for consumers,individual industries, Federal, State, orlocal government agencies, orgeographic regions.

c. Does not have significant adverseeffects on competition, employment,investment, productivity, innovation, orthe ability of U.S.-based enterprises tocompete with foreign-based enterprises.

4. Unfunded Mandates Reform Act

This rule does not impose anunfunded mandate on State, local, ortribal governments or the private sectorof more than $100 million per year. Thisrule does not have a significant orunique effect on State, local or tribalgovernments or the private sector. Astatement containing the information

required by the Unfunded MandatesReform Act (2 U.S.C. 1531 et seq.) is notrequired.

5. Takings (E.O. 12630)

In accordance with Executive Order12630, this rule does not havesignificant takings implications. Atakings implication assessment is notrequired.

6. Federalism (E.O. 13132)

In accordance with Executive Order13132, this rule does not have sufficientfederalism implications to warrant thepreparation of a Federalism Assessment.It would not substantially and directlyaffect the relationship between theFederal and state governments. AFederalism Assessment is not required.

7. Civil Justice Reform (E.Q. 12988)

In accordance with Executive Order12988, the Office of the Solicitor hasdetermined that this rule does notunduly burden the judicial system andmeets the requirements of sections 3(a)and 3(b)(2) of the Order.

8. Consultation With Indian Tribes (E.O.13175)

Under the criteria in Executive Order13175, we have evaluated this rule anddetermined that it has no potentialeffects on federally recognized Indiantribes. This rule does not have tribalimplications that impose substantialdirect compliance costs on Indian Tribalgovernments.

9. Paperwork Reduction Act

This rule does not containinformation collection requirements,and a submission to the Office ofManagement and Budget under thePaperwork Reduction Act is notrequired.

9. National Environmental Policy Act

This rule does not constitute a majorFederal action significantly affecting thequality of the human environment. Adetailed statement under the NationalEnvironmental Policy Act of 1969 is notrequired. Pursuant to DepartmentManual 516 DM 2.3A(2), Section 1.10 of516 DM 2, Appendix 1 excludes fromdocumentation in an environmentalassessment or impact statement"policies, directives, regulations andguidelines of an administrative,financial, legal, technical or proceduralnature; or the environmental effects ofwhich are too broad, speculative orconjectural to lend themselves tomeaningful analysis and will be subjectlate to the NEPA process, eithercollectively or case-by-case."

10. Effects on the Energy Supply (E.O.13211)

This rule is not a significant energyaction under the definition in ExecutiveOrder 13211. A Statement of EnergyEffects is not required. This rule will nothave a significant effect on the nation'senergy supply, distribution, or use.

List of Subjects in 43 CFR Part 2

Freedom of information.

David J. Hayes,Deputy Secretary of the Interior.

For the reasons stated in thepreamble, the Department of the Interioramends 43 CFR subtitle A as follows:

PART 2-FREEDOM OF INFORMATIONACT; RECORDS AND TESTIMONY

0 1. The authority citation for part 2 isrevised to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 553; 31U.S.C. 3717; 43 U.S.C. 1460, 1461.

* 2. The heading of part 2 is revised toread as set forth above.

Subparts F through H [Redesignatedas Subparts J through L]

* 3. Subpart F (consisting of § 2.41),subpart G (consisting of §§ 2.45 through2.79), and subpart H (consisting of§§ 2.80 through 2.90) are redesignated assubpart J, subpart K, and subpart L.

* 4. Subparts A through E are revised toread as follows:

Subpart A-IntroductionSec.2.1 What should you know up front?2.2 What kinds of records are not covered

by the regulations in subparts A throughI of this part?

Subpart B-How to Make a Request2.3 Where should you send a FOIA request?2.4 Does where you send your request affect

its processing?2.5 How should you describe the records

you seek?2.6 How will fee information affect the

processing of your request?2.7 What information should you include

about your fee category?2.8 Can you ask for records to be disclosed

in a particular form or format?2.9 What if your request seeks records about

another person?2.10 May you ask for the processing of your

request to be expedited?2.11 What contact information should your

request include?

Subpart C-Processing Requests2.12 What should you know about how

bureaus process requests?2.13 How do consultations and referrals

work?



Subpart D-Timing of Responses toRequests

2.14 In what order are responses usuallymade?

2.15 What is multitrack processing and howdoes it affect your request?

2.16 What is the basic time limit forresponding to a request?

2.17 When does the basic time limit beginfor misdirected FOIA requests?

2.18 When can the bureau suspend thebasic time limit?

2.19 When may the bureau extend the basictime limit?

2.20 When will expedited processing beprovided and how will it affect yourrequest?

Subpart E-Responses to Requests

2.21 How will the bureau respond torequests?

2.22 How will the bureau grant requests?2.23 When will the bureau deny a request

or procedural benefits?2.24 How will the bureau deny requests?2.25 What if the requested records contain

both exempt and nonexempt material?

Subpart A-Introduction

§2.1 What should you know up front?

(a) Subparts A through I of this partcontain the rules that the Departmentfollows in processing records under theFreedom of Information Act (FOIA), 5U.S.C. 552.

(b) Definitions of terms used inSubparts A through I of this part arefound at § 2.70.

(c) Subparts A through I of this partshould be read in conjunction with thetext of the FOIA and the OMB FeeGuidelines.

(d) The Department's FOIA Handbookand its attachments contain detailedinformation about Departmentprocedures for making FOIA requestsand descriptions of the types of recordsmaintained by different Departmentbureaus or offices. This resource isavailable at http://www.doi.gov/foia!guidance.cfm.

(e) Requests made by individuals forrecords about themselves under thePrivacy Act of 1974, 5 U.S.C. 552a, areprocessed under subparts A through Iand subpart K of this part.

(f) Part 2 does not entitle any personto any service or to the disclosure of anyrecord that is not required under theFOIA.

(g) Before you file a FOIA request, youare encouraged to review theDepartment's electronic FOIA librariesat http://www.doi.gov/foia/libraries.cfm.The material you seek may beimmediately available electronically atno cost.

§2.2 What kinds of records are notcovered by the regulations in subparts Athrough I of this part?

Subparts A through I of this part donot apply to records that fall under thelaw enforcement exclusions in 5 U.S.C.552(c)(1)-(3). These exclusions may beused only in the limited circumstancesdelineated by the statute and requireboth prior approval from the Office ofthe Solicitor and the recording of theiruse and approval process.

Subpart B-How To Make a Request

§ 2.3 Where should you send a FOIArequest?

(a) The Department does not have acentral location for submitting FOIArequests and it does not maintain acentral index or database of records inits possession. Instead, the Department'srecords are decentralized andmaintained by various bureaus andoffices throughout the country.

(b) To make a request for Departmentrecords, you must write directly to thebureau that you believe maintains thoserecords.

(c) Address requests to theappropriate FOIA contact in the bureauthat maintains the requested records.The Department's FOIA Web site, http://www.doi.gov/foia/index.cfm, lists thephysical and email addresses of eachbureau's FOIA Officer, along with otherappropriate FOIA contacts at http://www. doi.gov/foia/contacts.cfm.

(d) Questions about where to send aFOIA request should be directed to thebureau that manages the underlyingprogram or to the appropriate FOIAPublic Liaison, as discussed in § 2.66 ofthis part.

§ 2.4 Does where you send your requestaffect its processing?

(a) A request to a particular bureaucomponent (for example, a requestaddressed to a regional or field office)will be presumed to seek only recordsfrom that particular component.

(b) If you seek records from an entirebureau, submit your request to thebureau FOIA Officer. The bureau FOIAOfficer will forward it to the bureaucomponent(s) that he or she believes hasor are likely to have responsive records.

(c) If a request to a bureau states thatit seeks records located at anotherspecific component of the same bureau,the appropriate FOIA contact willforward the request to the othercomponent.

(d) If a request to a bureau states thatit seeks records from other unspecifiedcomponents within the same bureau,the appropriate FOIA contact will sendthe request to the Bureau FOIA Officer.He or she will forward it to the

components that the bureau FOIAOfficer believes have or are likely tohave responsive records.

(e) If a request to a bureau states thatit seeks records of another specifiedbureau, the bureau will route themisdirected request to the specifiedbureau for response.

(f) If a request to a bureau states thatit seeks records from other unspecifiedbureaus, the bureau's FOIA Officer mayforward the request to those bureauswhich he or she believes have or arelikely to have responsive records. If thebureau FOIA Officer forwards therequest, they will notify you in writingand provide the name of a contact in theother bureau(s). If it does not forwardthe request, the bureau will return it toyou, advise you to submit the requestdirectly to the other bureaus, notify youthat it cannot comply with the request,and close the request.

§ 2.5 How should you describe the recordsyou seek?

(a) You must reasonably describe therecords sought. A reasonabledescription contains sufficient detail toenable bureau personnel familiar withthe subject matter of the request tolocate the records with a reasonableamount of effort.

(b) You should include as much detailas possible about the specific records ortypes of records that you are seeking.This will assist the bureau in identifyingthe requested records (for example, timeframes involved or specific personnelwho may have the requested records).For example, whenever possible,identify:

(i) The date, title or name, author,recipient, and subject of any particularrecords you seek;

(2) The office that created the recordsyou seek;

(3) The timeframe for which you areseeking records; and

(4) Any other information that willassist the bureau in locating the records.

(c) The bureau's FOIA Public Liaisoncan assist you in formulating orreformulating a request in an effort tobetter identify the records you seek.

(d) If the request does not reasonablydescribe the records sought, the bureauwill inform you what additionalinformation is needed. It will also notifyyou that it will not be able to complywith your FOIA request unless youprovide the additional informationrequested within 20 workdays. If youreceive this sort of response, you maywish to discuss it with the bureau'sdesignated FOIA contact or its FOIAPublic Liaison (see § 2.66 of this part).If the bureau does not hear from youwithin 20 workdays after asking for

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additional information, it will presumethat you are no longer interested in therecords and will close the file on therequest.

§ 2.6 How will fee information affect theprocessing of your request?

(a) Your request must explicitly statethat you will pay all fees associatedwith processing the request, that youwill pay fees up to a specified amount,and/or that you are seeking a fee waiver.

(b) If the bureau anticipates that thefees for processing the request willexceed the amount you have agreed topay, or if you did not agree in writingto pay processing fees and the bureauanticipates the processing costs willexceed your entitlements, the bureauwill notify you:

(1) Of the estimated processing fees;(2) Of its need for either an advance

payment (see § 2.50 of this part) or yourwritten assurance that you will pay theanticipated fees (or fees up to aspecified amount); and

(3) That it will not be able to fullycomply with your FOIA request unlessyou provide the written assurance oradvance payment requested.

(c) If the bureau does not receive awritten response from you within 20workdays after requesting theinformation in paragraph (b) of thissection, it will presume that you are nolonger interested in the records and willclose the file on the request.

(d) If you are seeking a fee waiver,your request must include sufficientjustification (see the criteria in §§ 2.45,2.48, and 2.56 of this part). Failure toprovide sufficient justification willresult in a denial of the fee waiverrequest. If you are seeking a fee waiver,you may also indicate the amount youare willing to pay if the fee waiver isdenied. This allows the bureau toprocess the request for records while itconsiders your fee waiver request.

(e) The bureau will begin processingthe request only after the fee issues areresolved.

(f) If you are required to pay a fee andit is later determined on appeal that youwere entitled to a full or partial feewaiver, you will receive an appropriaterefund.

§2.7 What information should you includeabout your fee category?

(a) A request should indicate your feecategory (that is, whether you are acommercial-use requester, news media,educational or noncommercial scientificinstitution, or other requester asdescribed in §§ 2.38 and 2.39 of thispart).

(b) If you submit a FOIA request onbehalf of another person or organization

(for example, if you are an attorneysubmitting a request on behalf of aclient), the bureau will determine thefee category by considering theunderlying requester's identity andintended use of the information.

(c) If your fee category is unclear, thebureau may ask you for additionalinformation (see § 2.51 of this part).

§ 2.8 Can you ask for records to bedisclosed in a particular form or format?

(a) Generally, you may choose theform or format of disclosure for recordsrequested. The bureau must provide therecords in the requested form or formatif the bureau can readily reproduce therecord in that form or format.

(b) The bureau may charge you thedirect costs involved in convertingrecords to the requested format if thebureau does not normally maintain therecords in that format (see § 2.44 of thispart).

§ 2.9 What if your request seeks recordsabout another person?

(a) When a request seeks recordsabout another person, you may receivegreater access by submitting proof thatthe person either:

(1) Consents to the release of therecords to you (for example, a notarizedauthorization signed by that person); or

(2) Is deceased (for example, a copy ofa death certificate or an obituary).

(b) At its discretion, the bureau canrequire you to supply additionalinformation if necessary to verify that aparticular person has consented todisclosure or is deceased.

§ 2.10 May you ask for the processing ofyour request to be expedited?

You may ask for the processing ofyour request to be expedited. Thebureau will determine whether toexpedite the processing of your requestusing the criteria outlined in § 2.20.

§2.11 What contact information shouldyour request include?

A request should include your name,mailing address, daytime telephonenumber (or the name and telephonenumber of an appropriate contact),email address, and fax number (ifavailable) in case the bureau needsadditional information or clarification ofyour request.

Subpart C-Processing Requests

§2.12 What should you know about howbureaus process requests?

(a) Except as described in §§ 2.4 and2.13 of this part, the bureau to whichthe request is addressed is responsiblefor responding to the request and formaking a reasonable effort to search forresponsive records.

(b) In determining which records areresponsive to a request, the bureau willinclude only records in its possessionand control on the date that it begins itssearch.

(c) The bureau will make reasonableefforts to search for the requestedrecords in electronic form or format,except when these efforts wouldsignificantly interfere with the operationof the bureau's automated informationsystem.

(d) If a bureau receives a request forrecords in its possession that it did notcreate or that another bureau or aFederal agency is substantiallyconcerned with, it may undertakeconsultations and/or referrals asdescribed in § 2.13.

§ 2.13 How do consultations and referralswork?

(a) Consultations and referrals canoccur within the Department or outsidethe Department.

(1) Paragraphs (b) and (c) of thissection addresses consultations andreferrals that occur within theDepartment when the bureau hasresponsive records.

(2) Paragraphs (d) through (g) of thissection address consultations andreferrals that occur outside theDepartment when the bureau hasresponsive records.

(3) Paragraph (h) of this sectionaddresses what happens when thebureau has no responsive records butbelieves responsive records may be inthe possession of a Federal agencyoutside the Department.

(b) If a bureau (other than the Officeof Inspector General) receives a requestfor records in its possession that anotherbureau created or is substantiallyconcerned with, it will either:

(i) Consult with the other bureaubefore deciding whether to release orwithhold the records; or

(2) Refer the request, along with therecords, to that other bureau for directresponse.

(c) The bureau that originally receivedthe request will notify you of the referralin writing. When the bureau notifiesyou of the referral, it will tell youwhether the referral was for part or allof your request and provide the nameand contact information for the otherbureau.

(d) If, while responding to a request,the bureau locates records thatoriginated with another Federal agency,it usually will refer the request and anyresponsive records to that other agencyfor a release determination and directresponse.

(e) If the bureau refers records toanother agency, it will document the



referral and maintain a copy of therecords that it refers and notify you ofthe referral in writing, unless thenotification will itself disclose asensitive, exempt fact. When the bureaunotifies you of the referral, it will tellyou whether the referral was for part orall of your request and provide the nameand contact information for the otheragency. You may treat such a responseas a denial of records and file an appeal,in accordance with the procedures in§ 2.59 of this part.

(f) If the bureau locates records thatoriginated with another Federal agencywhile responding to a request, thebureau will make the releasedetermination itself (after consultingwith the originating agency) when:

(1) The record is of primary interestto the Department (for example, a recordmay be of primary interest to theDepartment if it was developed orprepared according to the Department'sregulations or directives, or in responseto a Departmental request);

(2) The Department is in a betterposition than the originating agency toassess whether the record is exemptfrom disclosure;

(3) The originating agency is notsubject to the FOIA; or

(4) It is more efficient or practicaldepending on the circumstances.

(g) If the bureau receives a request forrecords that another Federal agency hasclassified under any applicableexecutive order concerning recordclassification, it must refer the requestto that agency for response.

(h) If the bureau receives a request forrecords not in its possession, but thatthe bureau believes may be in thepossession of a Federal agency outsidethe Department, the bureau will returnthe request to you, may advise you tosubmit it directly to the agency, willnotify you that the bureau cannotcomply with the request, and will closethe request.

Subpart D-Timing of Responses toRequests

§ 2.14 In what order are responses usuallymade?

The bureau ordinarily will respond torequests according to their order ofreceipt within their processing track.

§2.15 What is multitrack processing andhow does it affect your request?

(a) Bureaus use processing tracks todistinguish simple requests from morecomplex ones on the basis of theestimated number of workdays neededto process the request.

(b) In determining the number ofworkdays needed to process the request,

the bureau considers factors such as thenumber of pages involved in processingthe request or the need forconsultations.

(c) The basic processing tracks aredesignated as follows:

(1) Simple: requests in this track willtake between one to five workdays toprocess;

(2) Normal: requests in this track willtake between six to twenty workdays toprocess;

(3) Complex: requests in this trackwill take between twenty-one workdaysand sixty workdays to process; or

(4) Exceptional/Voluminous: requestsin this track involve very complexprocessing challenges, which mayinclude a large number of potentiallyresponsive records, and will take oversixty workdays to process.

(d) Bureaus also have a specificprocessing track for requests that aregranted expedited processing under thestandards in § 2.20 of this part. Theserequests will be processed as soon aspracticable.

(e) Bureaus must advise you of thetrack into which your request falls and,when appropriate, will offer you anopportunity to narrow your request sothat it can be placed in a differentprocessing track.

(f) The use of multitrack processingdoes not alter the statutory deadline fora bureau to determine whether tocomply with your FOIA request (see§ 2.16 of this part).

§ 2.16 What is the basic time limit forresponding to a request?

(a) Ordinarily, the bureau has 20workdays after the date of receipt todetermine whether to comply with (forexample, grant, partially grant, or deny)a FOIA request, but unusualcircumstances may allow the bureau totake longer than 20 workdays (see§ 2.19).

(b) A consultation or referral under§ 2.13 of this part does not restart thestatutory time limit for responding to arequest.

§2.17 When does the basic time limitbegin for misdirected FOIA requests?

The basic time limit for a misdirectedFOIA request (see § 2.4(e) of this part)begins no later than ten workdays afterthe request is first received by anycomponent of the Department that isdesignated to receive FOIA requests.

§2.18 When can the bureau suspend thebasic time limit?

(a) The basic time limit in § 2.16 ofthis part may be temporarily suspendedfor the time it takes you to respond toone written communication from the

bureau reasonably asking for clarifyinginformation.

(b) The basic time limit in § 2.16 mayalso repeatedly be temporarilysuspended for the time it takes you torespond to written communicationsfrom the bureau that are necessary toclarify issues regarding fee assessment(see § 2.51 of this part).

§ 2.19 When may the bureau extend thebasic time limit?

(a) The bureau may extend the basictime limit if unusual circumstancesexist. Before the expiration of the basic20 workday time limit to respond, thebureau will notify you in writing of:

(1) The unusual circumstancesinvolved; and

(2) The date by which it expects tocomplete processing the request.

(b) If the processing time will extendbeyond a total of 30 workdays, thebureau will:

(1) Give you an opportunity to limitthe scope of the request or agree to analternative time period for processing;and

(2) Make available its FOIA PublicLiaison (see § 2.66 of this part) to assistin resolving any disputes between youand the bureau.

(c) If the bureau extends the time limitunder this section and you do notreceive a response in accordance with§ 2.16(a) in that time period, you mayconsider the request denied and file anappeal in accordance with theprocedures in § 2.59.

(d) Your refusal to reasonably modifythe scope of a request or arrange analternative time frame for processing arequest after being given theopportunity to do so may be consideredfor litigation purposes as a factor whendetermining whether exceptionalcircumstances exist.

§ 2.20 When will expedited processing beprovided and how will it affect yourrequest?

(a) The bureau will provide expeditedprocessing upon request if youdemonstrate to the satisfaction of thebureau that there is a compelling needfor the records. The followingcircumstances demonstrate acompelling need:

(1) Where failure to expedite therequest could reasonably be expected topose an imminent threat to the life orphysical safety of an individual; or

(2) Where there is an urgency toinform the public about an actual oralleged Federal Government activity andthe request is made by a personprimarily engaged in disseminatinginformation.

(i) In most situations, a personprimarily engaged in disseminating

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information will be a representative ofthe news media.

(ii) If you are not a full time memberof the news media, to qualify forexpedited processing here, you mustestablish that your main professionalactivity or occupation is informationdissemination, although it need not beyour sole occupation.

(iii) The requested information mustbe the type of information which hasparticular value that will be lost if notdisseminated quickly; this ordinarilyrefers to a breaking news story ofgeneral public interest.

(iv) Information of historical interestonly or information sought for litigationor commercial activities would notqualify, nor would a news mediadeadline unrelated to breaking news.

(b) If you seek expedited processing,you must submit a statement that:

(1) Explains in detail how yourrequest meets one or both of the criteriain paragraph (a) of this section; and

(2) Certifies that your explanation istrue and correct to the best of yourknowledge and belief.

(c) You may ask for expeditedprocessing at any time by writing to theappropriate FOIA contact in the bureauthat maintains the records requested.When making a request for expeditedprocessing of an administrative appeal,submit the request to the FOIA AppealsOfficer.

(d) The bureau must notify you of itsdecision to grant or deny expeditedprocessing within 10 calendar days ofreceiving an expedited processingrequest.

(e) If expedited processing is granted,the request will be given priority, placedin the processing track for expeditedrequests, and be processed as soon aspracticable.

(f) If expedited processing is denied,the bureau will notify you of the rightto appeal the decision on expeditedprocessing in accordance with theprocedures in subpart H of this part.

(g) If you appeal the decision onexpedited processing, your appeal (if itis properly formatted under § 2.59 ofthis part) will be processed ahead ofother appeals.

(h) If the bureau has not responded tothe request for expedited processingwithin 10 calendar days, you may filean appeal (for nonresponse inaccordance with § 2.57(a)(8) of thispart).

Subpart E-Responses to Requests

§2.21 How will the bureau respond torequests?

(a) When the bureau informs you ofits decision to comply with a request by

granting, partially granting, or denyingthe request, it will do so in writing andin accordance with the deadlines insubpart D of this part. The bureau'swritten response will include astatement about the services offered bythe Office of Government InformationServices (OGIS), using standardlanguage that can be found at: http://www. doi.gov/foia/news/guidance/index.cfm.

(b) If the bureau determines that yourrequest will take longer than 10workdays to process, the bureauimmediately will send you a writtenacknowledgment that includes therequest's individualized trackingnumber and processing track (see§ 2.15(e)). The acknowledgement mayalso include a brief description of thesubject of your request.

§2.22 How will the bureau grant requests?(a) Once the bureau makes a

determination to grant a request in fullor in part, it must notify you in writing.

(b) The notification will inform you ofany fees charged under subpart G of thispart.

(c) The bureau will release records (orportions of records) to you promptlyupon payment of any applicable fees (orbefore then, in accordance with § 2.37(c)of this part).

(d) If the records (or portions ofrecords) are not included with thebureau's notification, the bureau willadvise you how, when, and where therecords will be made available.

§ 2.23 When will the bureau deny a requestor procedural benefits?

(a) A bureau denies a request when itmakes a decision that:

(1) A requested record is exempt, infull or in part;

(2) The request does not reasonablydescribe the records sought;

(3) A requested record does not exist,cannot be located, or is not in thebureau's possession; or

(4) A requested record is not readilyreproducible in the form or format youseek.

(b) A bureau denies a proceduralbenefit only, and not access to theunderlying records, when it makes adecision that:

(1) A fee waiver, or another fee-relatedissue, will not be granted; or

(2) Expedited processing will not beprovided.

(c) The bureau must consult with theOffice of the Solicitor before it denies afee waiver request or withholds all orpart of a requested record.

§ 2.24 How will the bureau deny requests?(a)The bureau must notify you in

writing of any denial of your request.

(b) The denial notification mustinclude:

(i) The name and title or position ofthe person responsible for the denial;

(2) A brief statement of the reasons forthe denial, including a reference to anyFOIA exemption(s) applied by thebureau to withhold records in full or inpart;

(3) An estimate of the volume of anyrecords or information withheld, forexample, by providing the number ofpages or some other reasonable form ofestimation, unless such an estimatewould harm an interest protected by theexemption(s) used to withhold therecords or information;

(4) The name and title of the Office ofthe Solicitor attorney consulted (if thebureau is denying a fee waiver requestor withholding all or part of a requestedrecord); and

(5) A statement that the denial may beappealed under subpart H of this partand a description of the requirementsset forth therein.

§ 2.25 What if the requested recordscontain both exempt and nonexemptmaterial?

If responsive records contain bothexempt and nonexempt material, thebureau will consult with the Office ofthe Solicitor, as discussed in § 2.23(c).After consultation, the bureau willpartially grant and partially deny therequest by:

(a) Segregating and releasing thenonexempt information, unless thenonexempt material is so intertwinedwith the exempt material that disclosureof it would leave only meaninglesswords and phrases;

(b) Indicating on the released portionof the record the amount of informationdeleted and the FOIA exemption underwhich the deletion was made, unlessdoing so would harm an interestprotected by the FOIA exemption usedto withhold the information; and

(c) If technically feasible, placing theinformation required by paragraph (b) ofthis section at the place in the recordwhere the deletion was made.0 5. Subparts F through I are added toread as follows:

Subpart F-Handling ConfidentialInformationSec.2.26 How will the bureau interact with the

submitter of possibly confidentialinformation?

2.27 When will the bureau notify asubmitter of a request for their possiblyconfidential information?

2.28 What information will the bureauinclude when it notifies a submitter of arequest for their possibly confidentialinformation?



2.29 When will the bureau not notify asubmitter of a request for their possiblyconfidential information?

2.30 How and when may a submitter objectto disclosure of confidentialinformation?

2.31 What must a submitter include in adetailed Exemption 4 objectionstatement?

2.32 How will the bureau consider thesubmitter's objections?

2.33 What if the bureau determines it willdisclose information over the submitter'sobjections?

2.34 Will a submitter be notified of a FOJAlawsuit?

2.35 Will you receive notification ofactivities involving the submitter?

2.36 Can a bureau release informationprotected by Exemption 4?

Subpart G-Fees

2.37 What general principles govern fees?2.38 What are the requester fee categories?2.39 Does your requester category affect the

fees you are charged?2.40 How will fee amounts be determined?2.41 What search fees will you have to pay?2.42 What duplication fees will you have to

pay?2.43 What review fees will you have to pay?

2.44 What fees for other services will youhave to pay?

2.45 When will the bureau waive fees?2.46 When may you ask the bureau for a fee

waiver?2.47 How will the bureau notify you if it

denies your fee waiver request?2.48 How will the bureau evaluate your fee

waiver request?2.49 When will you be notified of

anticipated fees?2.50 When will the bureau require advance

payment?2.51 What if the bureau needs clarification

about fee issues?2.52 How will you be billed?2.53 How will the bureau collect fees owed?2.54 When will the bureau combine or

aggregate requests?2.55 What if other statutes require the

bureau to charge fees?2.56 May the bureau waive or reduce your

fees at its discretion?

Subpart H-Administrative Appeals

2.57 When may you file an appeal?2.58 How long do you have to file an

appeal?2.59 How do you file an appeal?2.60 Who makes decisions on appeals?2.61 How are decisions on appeals issued?2.62 When can you expect a decision on

your appeal?2.63 Can you receive expedited processing

of appeals?2.64 Must you submit an appeal before

seeking judicial review?

Subpart I-General Information

2.65 Where are records made available?2.66 What are public liaisons?2.67 When will the Department make

records available without a FOIArequest?

2.68 How will FOIA materials bepreserved?

2.69 How will a bureau handle a request forfederally-funded research data?

2.70 What definitions apply to subparts Athrough I of this part?

Subpart F-Handling ConfidentialInformation

§ 2.26 How will the bureau interact with thesubmitter of possibly confidentialinformation?

(a) The Department encourages, butdoes not require, submitters to designateconfidential information in good faith atthe time of submission. Suchdesignations assist the bureau indetermining whether informationobtained from the submitter isconfidential information, but will notalways be determinative.

(b) If, in the course of responding toa FOIA request, a bureau cannot readilydetermine whether information isconfidential information, the bureauwill:

(1) Consult with the submitter under§§ 2.27 and 2.28; and

(2) Provide the submitter anopportunity to object to a decision todisclose the information under §§ 2.30and 2.31 of this subpart.

§2.27 When will the bureau notify asubmitter of a request for their possiblyconfidential information?

(a) Except as outlined in § 2.29 of thissubpart, a bureau must promptly notifya submitter in writing when it receivesa FOIA request if either:

(1) The requested information hasbeen designated in good faith by thesubmitter as information consideredprotected from disclosure underExemption 4 of the FOIA, found at 5U.S.C. 552(b)(4); or

(2) The bureau believes that requestedinformation may be protected fromdisclosure under Exemption 4.

(b) If a large number of submitters areinvolved, the bureau may publish anotice in a manner reasonablycalculated to reach the attention of thesubmitters (for example, in newspapersor newsletters, the bureau's Web site, orthe Federal Register) instead ofproviding a written notice to eachsubmitter.

§2.28 What information will the bureauinclude when it notifies a submitter of arequest for their possibly confidentialinformation?

A notice to a submitter must include:(a) Either a copy of the FOIA request

or the exact language of the request;(b) Either a description of the possibly

confidential information located inresponse to the request or a copy of theresponsive records, or portions ofrecords, containing the information;

(c) A description of the procedures forobjecting to the release of the possiblyconfidential information under §§ 2.30and 2.31 of this subpart;

(d) A time limit for responding to thebureau-no less than 10 workdays fromreceipt or publication of the notice (asset forth in § 2.27(b) of this subpart)-to object to the release and to explainthe basis for the objection;

(e) Notice that information containedin the submitter's objections may itselfbe subject to disclosure under the FOIA;

(f) Notice that the bureau, not thesubmitter, is responsible for decidingwhether the information will bereleased or withheld;

(g) A request for the submitter's viewson whether they still consider theinformation to be confidential if thesubmitter designated the material asconfidential commercial or financialinformation 10 or more years before therequest; and

(h) Notice that failing to respondwithin the time frame specified under§ 2.28(d) of this subpart will create apresumption that the submitter has noobjection to the disclosure of theinformation in question.

§ 2.29 When will the bureau not notify asubmitter of a request for their possiblyconfidential information?

The notice requirements of § 2.28 ofthis subpart will not apply if:

(a) The information has been lawfullypublished or officially made available tothe public; or

(b) Disclosure of the information isrequired by a statute other than theFOIA or by a regulation (other than thispart) issued in accordance with therequirements of Executive Order 12600.

§ 2.30 How and when may a submitterobject to the disclosure of confidentialinformation?

(a) If a submitter has any objections tothe disclosure of confidentialinformation, the submitter shouldprovide a detailed written statement tothe bureau that specifies all grounds forwithholding the particular informationunder any FOIA exemption (see § 2.31of this subpart for further discussion ofExemption 4 objection statements).

(b) A submitter who does not respondwithin the time period specified under§ 2.28(d) of this subpart will beconsidered to have no objection todisclosure of the information. Responsesreceived by the bureau after this timeperiod will not be considered by thebureau unless the appropriate bureauFOIA contact determines, in his or hersole discretion, that good cause exists toaccept the late response.

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§ 2.31 What must a submitter include in adetailed Exemption 4 objection statement?

(a) To rely on Exemption 4 as basis fornondisclosure, the submitter mustexplain why the information isconfidential information. To do this, thesubmitter must give the bureau adetailed written statement. Thisstatement must include a specific anddetailed discussion of why theinformation is a trade secret or, if theinformation is not a trade secret, thefollowing three categories must beaddressed (unless the bureau informsthe submitter that a response to one ofthe first two categories will not benecessary):

(1) Whether the Government requiredthe information to be submitted, and ifso, how substantial competitive or otherbusiness harm would likely result fromrelease;

(2) Whether the submitter providedthe information voluntarily and, if so,how the information fits into a categoryof information that the submitter doesnot customarily release to the public;and

(3) A certification that the informationis confidential, has not been disclosedto the public by the submitter, and isnot routinely available to the publicfrom other sources.

(b) If not already provided, thesubmitter must include a daytimetelephone number, an email and mailingaddress, and a fax number (if available).

§ 2.32 How will the bureau consider thesubmitter's objections?

(a) The bureau must carefullyconsider a submitter's objections andspecific grounds for nondisclosure indeciding whether to disclose therequested information.

(b) The bureau, not the submitter, isresponsible for deciding whether theinformation will be released orwithheld.

§ 2.33 What if the bureau determines it willdisclose information over the submitter'sobjections?

If the bureau decides to discloseinformation over the objection of asubmitter, the bureau must notify thesubmitter by certified mail or othertraceable mail, return receipt requested.The notification must be sent to the

submitter's last known address andmust include:

(a) The specific reasons why thebureau determined that the submitter'sdisclosure objections do not supportwithholding the information;

(b) Copies of the records orinformation the bureau intends torelease; and

(c) Notice that the bureau intends torelease the records or information noless than 10 workdays after receipt ofthe notice by the submitter.

§ 2.34 Will a submitter be notified of aFOIA lawsuit?

If you file a lawsuit seeking to compelthe disclosure of confidentialinformation, the bureau must promptlynotify the submitter.

§2.35 Will you receive notification ofactivities involving the submitter?

If any of the following occur, thebureau will notify you:

(a) The bureau provides the submitterwith notice and an opportunity to objectto disclosure;

(b) The bureau notifies the submitterof its intent to disclose the requestedinformation; or

(c) A submitter files a lawsuit toprevent the disclosure of theinformation.

§2.36 Can a bureau release informationprotected by Exemption 4?

If a bureau determines that therequested information is protected fromrelease by Exemption 4 of the FOIA, thebureau has no discretion to release theinformation. Release of informationprotected from release by Exemption 4is prohibited by the Trade Secrets Act,a criminal provision found at 18 U.S.C.1905.

Subpart G-Fees

§2.37 What general principles governfees?

(a) The bureau will charge forprocessing requests under the FOIA inaccordance with this subpart and withthe OMB Fee Guidelines.

(b) The bureau may contact you foradditional information to resolve feeissues.

(c) The bureau ordinarily will collectall applicable fees before sending copiesof records to you.

(d) You may usually pay fees bycheck, certified check, or money ordermade payable to the "Department of theInterior" or the bureau.

(1) Where appropriate, the bureaumay require that your payment be madein the form of a certified check.

(2) You may also be able to pay yourfees by credit card. You may contact thebureau to determine what forms ofpayment it accepts.

(e) The bureau should ensure that itconducts searches, review, andduplication in the most efficient and theleast expensive manner so as tominimize costs for both you and thebureau.

(f) If the Department does not complywith any of the FOIA's statutory timelimits:

(1) The bureau cannot assess searchfees for your FOIA request, unlessunusual or exceptional circumstancesapply; and

(2) Depending on your fee category,the bureau may not be able to assessduplication fees for your FOIA request,as discussed in § 2.39(b) of this subpart.

§ 2.38 What are the requester feecategories?

(a) There are four categories ofrequesters for the purposes ofdetermining fees-commercial-use,educational and noncommercialscientific institutions, representatives ofnews media, and all others.

(b) The bureau's decision to place youin a particular fee category will be madeon a case-by-case basis based on yourintended use of the information and, inmost cases, your identity. If you do notsubmit sufficient information in yourFOIA request for the bureau todetermine your proper fee category, thebureau may ask you to provideadditional information (see § 2.51 of thissubpart).

(c) See § 2.70 of this part for thedefinitions of each of these feecategories.

§ 2.39 How does your requester categoryaffect the fees you are charged?

(a) You will be charged as shown inthe following table:

Requester Category Search fees Review fees Duplication fees

C om m ercial use requester .............................................. Y es .................................. Y es .................................... Y es.Educational and non-commercial scientific institutions ... No ..................... No ...................................... Yes (first 100 pages, or

equivalent volume, free).Representative of news media requester ....................... No.....................No..................... Yes (first 100 pages, or

equivalent volume, free).A ll other requesters ......................................................... Yes (first 2 hours free) ...... No ...................................... Yes (first 100 pages, or

equivalent volume, free).



(b) If you are in the fee category of arepresentative of the news media or aneducational and noncommercialscientific institution and theDepartment does not comply with anyof the FOIA's statutory time limits, theDepartment cannot assess duplicationfees for the FOIA request in question,unless unusual or exceptionalcircumstances apply to the processing ofthe request.

§2.40 How will fee amounts bedetermined?

(a) The bureau will charge the typesof fees discussed below unless a waiverof fees is required under § 2.39 of thissubpart or has been granted under § 2.45or § 2.56.

(b) Because the types of fees discussedbelow already account for the overheadcosts associated with a given fee type,the bureau should not add anyadditional costs to those charges.

§ 2.41 What search fees will you have topay?

(a) The bureau will charge search feesfor all requests, subject to therestrictions of §§ 2.37(f), 2.39, and2.40(a) of this subpart. The bureau maycharge you for time spent searchingeven if it does not locate any responsiverecords or if it determines that therecords are entirely exempt fromdisclosure.

(b) For each quarter hour spent bypersonnel searching for requestedrecords, including electronic searchesthat do not require new programming,the fees will be the average hourlyGeneral Schedule (GS) base salary, plusthe District of Columbia localitypayment, plus 16 percent for benefits, ofemployees in the following threecategories, as applicable:

(1) Clerical-Based on GS-6, Step 5,pay (all employees at GS-7 and beloware classified as clerical for thispurpose);

(2) Professional-Based on GS-11,Step 7, pay (all employees at GS-8through GS-12 are classified asprofessional for this purpose); and

(3) Managerial-Based on GS-14, Step2, pay (all employees at GS-13 andabove are classified as managerial forthis purpose).

(c) You can review the current feeschedule for the categories discussedabove in paragraph (b) of this section athttp://www.doi.gov/foia/fees-waivers.cfm.

(d) Some requests may requireretrieval of records stored at a Federalrecords center operated by the NationalArchives and Records Administration.For these requests, bureaus will chargeadditional costs in accordance with the

Transactional Billing Rate Scheduleestablished by the National Archivesand Records Administration.

§2.42 What duplication fees will you haveto pay?

(a) The bureau will charge duplicationfees, subject to the restrictions of§§ 2.37(f), 2.39, and 2.40(a) of thissubpart.

(b) If photocopies or scans aresupplied, the bureau will provide onecopy per request at the cost determinedby the table in appendix A to this part.

(c) For other forms of duplication, thebureau will charge the actual costs ofproducing the copy, including the timespent by personnel duplicating therequested records. For each quarter hourspent by personnel duplicating therequested records, the fees will be thesame as those charged for a searchunder § 2.41(b) of this subpart.

(d) If the bureau must scan paperrecords to accommodate your preferenceto receive records in an electronicformat, you will pay both the per pageamount noted in Appendix A to thispart and the time spent by personnelscanning the requested records. Foreach quarter hour spent by personnelscanning the requested records, the feeswill be the same as those charged for asearch under § 2.41(b) of this subpart.

§ 2.43 What review fees will you have topay?

(a) The bureau will charge review feesif you make a commercial-use request,subject to the restrictions of §§ 2.37(f),2.39, and 2.40(a) of this subpart.

(b) The bureau will assess review feesin connection with the initial review ofthe record (the review conducted by thebureau to determine whether anexemption applies to a particular recordor portion of a record).

(c) The Department will not charge forreviews at the administrative appealstage of exemptions applied at theinitial review stage. However, if theappellate authority determines that anexemption no longer applies, any costsassociated with the bureau's re-reviewof the records to consider the use ofother exemptions may be assessed asreview fees.

(d) The bureau will charge review feesat the same rates as those charged for asearch under § 2.41(b) of this subpart.

(e) The bureau can charge review feeseven if the record(s) reviewed ultimatelyis not disclosed.

§ 2.44 What fees for other services will youhave to pay?

(a) Although not required to providespecial services, if the bureau chooses todo so as a matter of administrative

discretion, it will charge you the directcosts of providing the service.

(b) Examples of these services includecertifying that records are true copiesunder subpart L of this part, providingmultiple copies of the same record,converting records to a requestedformat, obtaining research data under§ 2.69 of this part, or sending records bymeans other than first class mail.

(c) The bureau will notify you of thesefees before they accrue and will obtainyour written assurance of payment or anadvance payment before proceeding.See §§ 2.49 and 2.50 of this subpart.

§ 2.45 When will the bureau waive fees?(a) The bureau will release records

responsive to a request without charge(in other words, it will give you a fullfee waiver) or at a reduced charge (inother words, it will give you a partial feewaiver, as discussed further inparagraph (b) of this section) if thebureau determines, based on allavailable information, that you havedemonstrated (under the factors listedin § 2.48 of this subpart) that disclosingthe information is:

(1) In the public interest because it islikely to contribute significantly topublic understanding of governmentoperations or activities, and

(2) Not primarily in your commercialinterest.

(b) A partial fee waiver may beappropriate if some but not all of therequested records are likely tocontribute significantly to publicunderstanding of the operations andactivities of the government.

(c) When deciding whether to waiveor reduce fees, the bureau will rely onthe fee waiver justification submitted inyour request letter. If the letter does notinclude sufficient justification, thebureau will deny the fee waiver request.The bureau may, at its discretion,request additional information from you(see § 2.51 of this subpart).

(d) The burden is on you to justifyentitlement to a fee waiver. Requests forfee waivers are decided on a case-by-case basis under the criteria discussedabove in paragraph (a) of this sectionand § 2.48 of this subpart. If you havereceived a fee waiver in the past, thatdoes not mean you are automaticallyentitled to a fee waiver for every requestsubmitted.

(e) Discretionary fee waivers areaddressed in § 2.56 of this subpart.

(f) The bureau must not make valuejudgments about whether theinformation at issue is "important"enough to be made public; it is not thebureau's role to attempt to determinethe level of public interest in requestedinformation.

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§ 2.46 When may you ask the bureau for afee waiver?

(a) You should request a fee waiverwhen your request is first submitted tothe bureau (see § 2.6 of this part).

(b) You may submit a fee waiverrequest at a later time if the underlyingrecord request is still either pending oron administrative appeal.

§ 2.47 How will the bureau notify you if itdenies your fee waiver request?

If the bureau denies your request fora fee waiver, it will notify you, inwriting, of the following:

(a) The basis for the denial, includinga full explanation of why the fee waiverrequest does not meet the Department'sfee waiver criteria in § 2.48 of thissubpart.

(b) The name and title or position ofeach person responsible for the denial;

(c) The name and title of the Office ofthe Solicitor attorney consulted; and

(d) Your right to appeal the denial tothe FOIA Appeals Officer, under theprocedures in § 2.57 of this part, within30 workdays after the date of the feewaiver denial letter.

§ 2.48 How will the bureau evaluate yourfee waiver request?

(a) In deciding whether your feewaiver request meets the requirementsof § 2.45(a)(1) of this subpart, the bureauwill consider the criteria listed inparagraphs one through four below. Youmust address each of these criteria.

(1) How the records concern theoperations or activities of the Federalgovernment.

(2) How disclosure is likely tocontribute to public understanding ofthose operations or activities, including:

(i) How the contents of the records aremeaningfully informative;

(ii) The logical connection betweenthe content of the records and theoperations or activities;

(iii) How disclosure will contribute tothe understanding of a reasonably broadaudience of persons interested in thesubject, as opposed to your individualunderstanding;

(iv) Your identity, vocation,qualifications, and expertise regardingthe requested information andinformation that explains how you planto disclose the information in a mannerthat will be informative to theunderstanding of a reasonably broadaudience of persons interested in thesubject, as opposed to your individualunderstanding

(v) Your ability and intent todisseminate the information to areasonably broad audience of personsinterested in the subject (for example,how and to whom do you intend todisseminate the information).

(3) How disclosure is likely tosignificantly contribute to theunderstanding of a reasonably broadaudience of persons interested in thesubject, as opposed to your individualunderstanding, including:

(i) Whether the information beingrequested is new;

(ii) Whether the information wouldconfirm or clarify data that has beenreleased previously;

(iii) How disclosure will increase thelevel of public understanding of theoperations or activities of theDepartment or a bureau that existedprior to disclosure; and

(iv) Whether the information isalready publicly available. If theGovernment previously has publishedthe information you are seeking or it isroutinely available to the public in alibrary, reading room, through theInternet, or as part of the administrativerecord for a particular issue, it is lesslikely that there will be a significantcontribution from release.

(4) How the public's understanding ofthe subject in question will be enhancedto a significant extent by the disclosure.

(b) In deciding whether the fee waivermeets the requirements in § 2.45(a)(2) ofthis subpart, the bureau will considerany commercial interest of yours thatwould be furthered by the requesteddisclosure.

(1) You are encouraged to provideexplanatory information regarding thisconsideration.

(2) The bureau will not find thatdisclosing the requested informationwill be primarily in your commercialinterest where the public interest isgreater than any identified commercialinterest in disclosure.

(3) If you do have a commercialinterest that would be furthered bydisclosure, explain how the publicinterest in disclosure would be greaterthan any commercial interest you oryour organization may have in thedocuments.

(i) Your identity, vocation, andintended use of the requested recordsare all factors to be considered indetermining whether disclosure wouldbe primarily in your commercialinterest.

(ii) If you are a representative of anews media organization seekinginformation as part of the newsgathering process, we will presume thatthe public interest outweighs yourcommercial interest.

(iii) If you represent a business/corporation/association or you are anattorney representing such anorganization, we will presume that yourcommercial interest outweighs the

public interest unless you demonstrateotherwise.

§ 2.49 When will you be notified ofanticipated fees?

(a) The bureau will notify you underthis section unless:

(1) The anticipated fee is less than $50(you will not be charged if the fee forprocessing your request is less than $50,unless multiple requests are aggregatedunder § 2.54 of this subpart).

(2) You have been granted a full feewaiver; or

(3) You have previously agreed to payall the fees associated with the request.

(b) If none of the above exceptionsapply, the bureau will:

(1) Promptly notify you of theestimated costs for search, review, and/or duplication;

(2) Ask you to provide writtenassurance within 20 workdays that youwill pay all fees or fees up to adesignated amount;

(3) Notify you that it will not be ableto comply with your FOIA requestunless you provide the writtenassurance requested; and

(4) Give you an opportunity to reducethe fee by modifying the request.

(c) If the bureau does not receive yourwritten assurance of payment underparagraph (b)(2) of this section within20 workdays, the request will be closed.

(d) After the bureau begins processinga request, if it finds that the actual costwill exceed the amount you previouslyagreed to pay, the bureau will:

(1) Stop processing the request;(2) Promptly notify you of the higher

amount and ask you to provide writtenassurance of payment; and

(3) Notify you that it will not be ableto fully comply with your FOIA requestunless you provide the writtenassurance requested; and

(4) Give you an opportunity to reducethe fee by modifying the request.

(e) If you wish to modify your requestin an effort to reduce fees, the bureau'sFOIA Public Liaison can assist you.

§ 2.50 When will the bureau requireadvance payment?

(a) The bureau will require advancepayment before starting further workwhen it finds the estimated fee is over$250 and:

(1) You have never made a FOIArequest to the Department requiring thepayment of fees; or

(2) You did not pay a previous FOIAfee within 30 calendar days of the dateof billing.

(b) If the bureau believes that you didnot pay a previous FOIA fee within 30calendar days of the date of billing, thebureau will require you to either:



(1) Demonstrate you paid prior feewithin 30 calendar days of the date ofbilling; or

(2) Pay any unpaid amount of theprevious fee, plus any applicableinterest penalties (see § 2.53 of thissubpart), and pay in advance theestimated fee for the new request.

(c) When the bureau notifies you thatan advance payment is due, it will giveyou an opportunity to reduce the fee bymodifying the request.

(d) The bureau may require paymentbefore records are sent to you; such apayment is not considered an "advancepayment" under § 2.50(a) of thissubpart.

(e) If the bureau requires advancepayment, it will start further work onlyafter receiving the advance payment. Itwill also notify you that it will not beable to comply with your FOIA requestunless you provide the advancepayment. Unless you pay the advancepayment within 20 workdays after thedate of the bureau's fee letter, thebureau will presume that you are nolonger interested and will close the fileon the request.

§2.51 What if the bureau needsclarification about fee issues?

(a) If your FOIA request does notcontain sufficient information for thebureau to determine your proper feecategory or leaves another fee issueunclear, the bureau may ask you toprovide additional clarification. If itdoes so, the bureau will notify you thatit will not be able to comply with yourFOIA request unless you provide theclarification requested.

(b) If the bureau asks you to provideclarification, the 20-workday statutorytime limit for the bureau to respond tothe request is temporarily suspended.

(1) If the bureau hears from youwithin 20 workdays, the 20-workdaystatutory time limit for processing therequest will resume (see § 2.16 of thispart).

(2) If you still have not providedsufficient information to resolve the feeissue, the bureau may ask you again toprovide additional clarification andnotify you that it will not be able tocomply with your FOIA request unlessyou provide the additional informationrequested within 20 workdays.

(3) If the bureau asks you again foradditional clarification, the statutorytime limit for response will betemporarily suspended again and willresume again if the bureau hears fromyou within 20 workdays.

(c) If the bureau asks for clarificationabout a fee issue and does not receivea written response from you within 20workdays, it will presume that you are

no longer interested and will close thefile on the request.

§2.52 How will you be billed?If you are required to pay a fee

associated with a FOIA request, thebureau processing the request will senda bill for collection.

§ 2.53 How will the bureau collect feesowed?

(a) The bureau may charge interest onany unpaid bill starting on the 31st dayfollowing the billing date.

(b) The bureau will assess interestcharges at the rate provided in 31 U.S.C.3717 and implementing regulations andinterest will accrue from the billing dateuntil the bureau receives payment.

(c) The bureau will follow theprovisions of the Debt Collection Act of1982 (Public Law 97-365, 96 Stat.1749), as amended, and itsadministrative procedures, includingthe use of consumer reporting agencies,collection agencies, and offset to collectoverdue amounts and interest.

(d) This section does not apply if youare a state, local, or tribal government.

§2.54 When will the bureau combine oraggregate requests?

(a) The bureau may aggregate requestsand charge accordingly when itreasonably believes that you, or a groupof requesters acting in concert with you,are attempting to avoid fees by dividinga single request into a series of requestson a single subject or related subjects.

(1) The bureau may presume thatmultiple requests of this type madewithin a 30-day period have been madeto avoid fees.

(2) The bureau may aggregate requestsseparated by a longer period only wherethere is a reasonable basis fordetermining that aggregation iswarranted in view of all thecircumstances involved.

(b) The bureau will not aggregatemultiple requests involving unrelatedmatters.

§ 2.55 What if other statutes require thebureau to charge fees?

(a) The fee schedule in appendix A tothis part does not apply to fees chargedunder any statute that specificallyrequires the bureau to set and collectfees for particular types of records.

(b) If records otherwise responsive toa request are subject to a statutorily-based fee schedule, the bureau willinform you whom to contact to obtainthe records.

§ 2.56 May the bureau waive or reduceyour fees at its discretion?

(a) The bureau may waive or reducefees at its discretion if a request involvesfurnishing:

(1) A copy of a record that the bureauhas reproduced for free distribution;

(2) One copy of a personal document(for example, a birth certificate) to aperson who has been required to furnishit for retention by the Department;

(3) One copy of the transcript of ahearing before a hearing officer in agrievance or similar proceeding to theemployee for whom the hearing washeld;

(4) Records to donors with respect totheir gifts;

(5) Records to individuals or privatenonprofit organizations having anofficial, voluntary, or cooperativerelationship with the Department if itwill assist their work with theDepartment;

(6) A reasonable number of records tomembers of the U.S. Congress; state,local, and foreign governments; publicinternational organizations; or Indiantribes, when to do so is an appropriatecourtesy, or when the recipient iscarrying on a function related to aDepartmental function and the waiverwill help accomplish the Department'swork;

(7) Records in conformance withgenerally established business custom(for example, furnishing personalreference data to prospective employersof current or former Departmentemployees); or

(8) One copy of a single record toassist you in obtaining financial benefitsto which you may be entitled (forexample, veterans or their dependents,employees with Government employeecompensation claims).

(b) You cannot appeal the denial of adiscretionary fee waiver or reduction.

Subpart H-Administrative Appeals

§ 2.57 When may you file an appeal?(a) You may file an appeal when:(1) The bureau withholds records, or

parts of records;(2) The bureau informs you that your

request has not adequately described therecords sought;

(3) The bureau informs you that itdoes not possess or cannot locateresponsive records and you have reasonto believe this is incorrect or that thesearch was inadequate;

(4) The bureau did not address allaspects of the request for records;

(5) You believe there is a proceduraldeficiency (for example, fees areimproperly calculated);

(6) The bureau denied a fee waiver;(7) The bureau did not make a

decision within the time limits in § 2.16or, if applicable, § 2.18; or

(8) The bureau denied, or was late inresponding to, a request for expedited

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processing filed under the procedures in§ 2.20 of this part.

(b) An appeal under paragraph (a)(8)of this section relates only to the requestfor expedited processing and does notconstitute an appeal of the underlyingrequest for records. Special proceduresapply to requests for expeditedprocessing of an appeal (see § 2.63 ofthis subpart).

(c) Before filing an appeal, you maywish to communicate with the contactperson listed in the FOIA response, thebureau's FOIA Officer, and/or the FOIAPublic Liaison to see if the issue can beresolved informally. However, appealsmust be received by the FOIA AppealsOfficer within the time limits in § 2.58of this subpart or they will not beprocessed.

§ 2.58 How long do you have to file anappeal?

(a) Appeals covered by § 2.57(a)(1)through (5) of this subpart must bereceived by the FOIA Appeals Officerno later than 30 workdays from the dateof the final response.

(b) Appeals covered by § 2.57(a)(6) ofthis subpart must be received by theFOIA Appeals Officer no later than 30workdays from the date of the letterdenying the fee waiver.

(c) Appeals covered by § 2.57(a)(7) ofthis subpart may be filed any time afterthe time limit for responding to therequest has passed.

(d) Appeals covered by § 2.57(a)(8) ofthis subpart should be filed as soon aspossible.

(e) Appeals arriving or delivered after5 p.m. Eastern Time, Monday throughFriday, will be deemed received on thenext workday.

§ 2.59 How do you file an appeal?(a) You must submit the appeal in

writing by mail, fax or email to theFOIA Appeals Officer (using the addressavailable at http://www.doi.gov/foia!appeals.cfm). Your failure to send anappeal directly to the FOIA AppealsOfficer may delay processing.

(b) The appeal must include:(1) Copies of all correspondence

between you and the bureau concerningthe FOIA request, including the requestand the bureau's response (if there isone); and

(2) An explanation of why you believethe bureau's response was in error.

(c) The appeal should include yourname, mailing address, daytimetelephone number (or the name andtelephone number of an appropriatecontact), email address, and fax number(if available) in case the Departmentneeds additional information orclarification.

(d) An appeal concerning a denial ofexpedited processing or a fee waiverdenial should also demonstrate fullyhow the criteria in § 2.20 or §§ 2.45 and2.48 of this part are met.

(e) All communications concerning anappeal should be clearly marked withthe words: "FREEDOM OFINFORMATION APPEAL."

(f) The Department will reject anappeal that does not attach allcorrespondence required by paragraph(b)(1) of this section, unless the FOIAAppeals Officer determines, in his orher sole discretion, that good causeexists to accept the defective appeal.The time limits for responding to anappeal will not begin to run until thecorrespondence is received.

§2.60 Who makes decisions on appeals?(a) The FOIA Appeals Officer is the

deciding official for FOIA appeals.(b) When necessary, the FOIA

Appeals Officer will consult otherappropriate offices, including the Officeof the Solicitor for denials of recordsand fee waivers.

(c) The FOIA Appeals Officernormally will not make a decision on anappeal if the request becomes a matterof FOIA litigation.

§2.61 How are decisions on appealsissued?

(a) A decision on an appeal must bemade in writing.

(b) A decision that upholds thebureau's determination will notify youof the decision and your statutory rightto file a lawsuit.

(c) A decision that overturns,remands, or modifies the bureau'sdetermination will notify you of thedecision. The bureau then must furtherprocess the request in accordance withthe appeal determination.

§ 2.62 When can you expect a decision onyour appeal?

(a) The basic time limit for respondingto an appeal is 20 workdays after receiptof an appeal meeting the requirementsof § 2.59 of this subpart.

(b) The FOIA Appeals Officer mayextend the basic time limit, if unusualcircumstances exist. Before theexpiration of the basic 20-workday timelimit to respond, the FOIA AppealsOfficer will notify you in writing of theunusual circumstances involved and ofthe date by which he or she expects tocomplete processing of the appeal.

(c) If the Department is unable toreach a decision on your appeal withinthe given time limit for response, theFOIA Appeals Officer will notify you of:

(1) The reason for the delay; and(2) Your statutory right to seek review

in a United States District Court.

§ 2.63 Can you receive expeditedprocessing of appeals?

(a) To receive expedited processing ofan appeal, you must demonstrate to theDepartment's satisfaction that theappeal meets one of the criteria under§ 2.20 of this part and include astatement that the need for expeditedprocessing is true and correct to the bestof your knowledge and belief.

(b) The FOIA Appeals Officer willadvise you whether the Department willgrant expedited processing within 10calendar days of receiving the appeal.

(c) If the FOIA Appeals Officerdecides to grant expedited processing,he or she will give the appeal priorityover other pending appeals and processit as soon as practicable.

§ 2.64 Must you submit an appeal beforeseeking judicial review?

Before seeking review by a court ofthe bureau's adverse determination, yougenerally must first submit a timelyadministrative appeal.

Subpart I-General Information

§ 2.65 Where are records made available?Records that are required by the FOIA

to be made proactively available forpublic inspection and copying areaccessible on the Department's Web site,http://www.doi.gov/foia/libraries.cfm.They may also be available at bureauoffice locations.

§ 2.66 What are public liaisons?(a) Each bureau has a FOIA Public

Liaison that can assist individuals inlocating bureau records.

(b) FOIA Public Liaisons report to theDepartment's Chief FOIA Officer andyou can raise concerns to them aboutthe service you have received.

(c) FOIA Public Liaisons areresponsible for assisting in reducingdelays, increasing transparency andunderstanding of the status of requests,and assisting in resolving disputes.

(d) A list of the Department's FOIAPublic Liaisons is available at http://doi.gov/foia/servicecen tes. cfm.

§ 2.67 When will the Department makerecords available without a FOIA request?

(a) Each bureau must:(1) Determine which of its records

must be made publicly available underthe FOIA (for example, certainfrequently requested records);

(2) Identify additional records ofinterest to the public that areappropriate for public disclosure; and

(3) Post those records in FOIAlibraries.

(b) Because of these proactivedisclosures, you are encouraged toreview the Department's FOIA libraries



before filing a FOIA request. Thematerial you seek may be immediatelyavailable electronically at no cost.

§2.68 How will FOIA materials bepreserved?

(a) Each bureau must preserve allcorrespondence pertaining to therequests that it receives under subpart Bof this part, as well as copies of allrequested records, until disposition ordestruction is authorized by the GeneralRecords Schedule 14 of the NationalArchives and Records Administration(NARA) or another NARA-approvedrecords schedule.

(b) Materials that are identified asresponsive to a FOIA request will not bedisposed of or destroyed while therequest or a related appeal or lawsuit ispending. This is true even if they wouldotherwise be authorized for dispositionor destruction under the GeneralRecords Schedule 14 of NARA oranother NARA-approved recordsschedule.

§ 2.69 How will a bureau handle a requestfor federally-funded research data?

(a) If you request research data thatwere used by the Federal Government indeveloping certain kinds of agencyactions, and the research data relate topublished research findings producedunder an award, in accordance withOMB Circular A-110:

(1) If the bureau was the awardingagency, it will request the research datafrom the recipient;

(2) The recipient must provide theresearch data within a reasonable time;and

(3) The bureau will review theresearch data to see if it can be releasedunder the FOIA.

(b) If the bureau obtains the researchdata solely in response to your FOIArequest, the bureau may charge you areasonable fee equaling the fullincremental cost of obtaining theresearch data.

(1) This fee should reflect costsincurred by the agency, the recipient,and applicable subrecipients.

(2) This fee is in addition to any feesthe agency may assess under the FOIA.

(c) The bureau will forward a copy ofthe request to the recipient, who isresponsible for searching for andreviewing the requested information inaccordance with these FOIA regulations.The recipient will forward a copy of anyresponsive records that are located,along with any recommendationsconcerning the releasability of the data,and the total cost incurred in searchingfor, reviewing, and providing the data.

(d) The bureau will review andconsider the recommendations of the

recipient regarding the releasability ofthe requested research data. However,the bureau, not the recipient, isresponsible for deciding whether theresearch data will be released orwithheld.

§2.70 What definitions apply to subpartsA through I of this part?

For the purposes of subparts Athrough I of this part, the followingdefinitions apply:

Bureau means any major componentof the Department administering its ownFOIA program. A list of thesecomponents is available at: http://www. doi.gov/foia/contacts.cfm.

Commercial interest means acommercial, trade, or profit interest asthese terms are commonly understood.Your status as profitmaking or non-profitmaking is not the deciding factorin determining whether you have acommercial interest.

Commercial use means a use thatfurthers your commercial, trade or profitinterests or that of the person on whosebehalf the request is made.

Confidential information means tradesecrets or commercial or financialinformation (that is privileged orconfidential and obtained by theDepartment from a person) that may beprotected from disclosure underExemption 4 of the FOIA.

Department means the Department ofthe Interior.

Direct costs means those resourcesthat the bureau expends in searching forand duplicating (and, in the case ofcommercial-use requests, reviewing)records to respond to a FOIA request.For example, direct costs include thesalary of the employee performing thework (the basic rate of pay for theemployee plus 16 percent of that rate tocover benefits) and the cost of operatingduplicating machinery, such asphotocopiers and scanners. Direct costsdo not include overhead expenses suchas the costs of space and of heating orlighting a facility.

Duplication means reproducing acopy of a record or of the informationcontained in it necessary to respond toa FOIA request. Copies can take theform of paper, audiovisual materials, orelectronic records, among others.

Educational institution means anyschool that operates a program ofscholarly research. In order to fallwithin this category, you must showthat the request is authorized by andmade under the auspices of, a qualifyinginstitution and that the records are notsought for a commercial use, but ratherare sought to further scholarly research.

Exceptional circumstances means adelay that does not result from a

predictable workload of requests (unlessthe bureau demonstrates reasonableprogress in reducing its backlog ofpending requests).

Exempt means the record in question,or a portion thereof, is not subject todisclosure due to one or more of theFOIA's nine statutory exemptions,found at 5 U.S.C. 552(b)(1)-(9).

Exemption means one or more of theFOIA's nine statutory exemptions,found at 5 U.S.C. 552(b)(1)-(9).

Expedited processing means giving aFOIA request priority and processing itahead of other requests pending in thebureau because you have shown acompelling need for the records.

Fee category means one of the fourcategories, discussed in §§ 2.38 and2.39, that agencies place you in for thepurpose of determining whether youwill be charged fees for search, review,and duplication.

FOJA means the Freedom ofInformation Act, 5 U.S.C. 552, asamended.

FOJA libraries means a physical orelectronic compilation of recordsrequired to be made available to thepublic for inspection and copying under5 U.S.C. 552(a)(2). It also includes aphysical or electronic compilation ofrecords that the bureau, at its discretion,makes available to the public forinspection and copying.

Frequently requested records meansrecords that have been released to anyperson in response to a FOIA requestand that have been requested, or that thebureau anticipates will be requested, atleast two more times under the FOIA.

Multitrack processing means placingsimple requests, requiring relativelyminimal review, in one processing trackand more voluminous and complexrequests in one or more other tracks.Requests in each track are processed ona first-in/first-out basis.

Noncommercial scientific institutionmeans an institution that is not operatedfor commerce, trade or profit, and thatis operated solely for the purpose ofconducting scientific research theresults of which are not intended topromote any particular product orindustry. To be in this category, youmust show that the request is authorizedby and is made under the auspices of aqualifying institution and that therecords are not sought for a commercialuse but are sought to further scientificresearch.

OMB Fee Guidelines means theUniform Freedom of Information FeeSchedule and Guidelines published bythe Office of Management and Budget at52 FR 10012 (Mar. 27, 1987).

Published means, for the purposes of§ 2.69 of this subpart only, when:

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(1) Research findings are published ina peer-reviewed scientific or technicaljournal; or

(2) A Federal agency publicly andofficially cites the research findings insupport of an agency action that has theforce and effect of law.

Recipient means, for the purposes of§ 2.69 of this subpart only, anorganization receiving financialassistance directly from Federalawarding agencies to carry out a projector program. The term includes publicand private institutions of highereducation, public and private hospitals,and other quasi-public and private non-profit organizations. The term mayinclude commercial organizations,foreign or international organizations(such as agencies of the United Nations)which are recipients, subrecipients, orcontractors or subcontractors ofrecipients or subrecipients at thediscretion of the Federal awardingagency. The term does not includegovernment-owned contractor-operatedfacilities or research centers providingcontinued support for mission-oriented,large-scale programs that aregovernment-owned or controlled, or aredesignated as federally-funded researchand development centers.

Record means an agency record that iseither created or obtained by an agencyand is under agency possession andcontrol at the time of the FOIA request,or is maintained by an entity underGovernment contract for the purposes ofrecords management.

Representative of the news mediameans any person or entity that gathersinformation of potential interest to asegment of the public, uses its editorialskills to turn the raw materials into adistinct work, and distributes that workto an audience. The term news as usedin this definition means informationthat is about current events or thatwould be of current interest to thepublic. Examples of news media entitiesare newspapers, television, Web sites, orradio stations broadcasting to the publicat large, and publishers of periodicals(but only if such entities qualify asdisseminators of news) who make theirproducts available for purchase by or

subscription by or free distribution tothe general public. These examples arenot all inclusive. As methods of newsdelivery evolve, alternativerepresentatives of news media maycome into being. A freelance journalistwill qualify as a news-media entity if heor she can demonstrate a solid basis forexpecting publication through thatentity, whether or not the journalist isactually employed by that entity (forexample, a publication contract wouldpresent a solid basis for such anexpectation).

Research data means, for thepurposes of § 2.69 of this subpart only,the recorded factual material commonlyaccepted in the scientific community asnecessary to validate research findings,but not any of the following:preliminary analyses, drafts of scientificpapers, plans for future research, peerreviews, or communications withcolleagues. The term recorded as usedin this definition excludes physicalobjects (e.g., laboratory samples).Research data also do not include:

(1) Trade secrets, commercialinformation, materials necessary to beheld confidential by a researcher untilthey are published, or similarinformation which is protected underlaw; and

(2) Personnel and medicalinformation and similar information thedisclosure of which would constitute aclearly unwarranted invasion ofpersonal privacy, such as informationthat could be used to identify aparticular person in a research study.

Review means the examination of arecord located in response to a requestto determine whether any portion of itis exempt from disclosure. Review timeincludes processing any record fordisclosure, such as doing all that isnecessary to prepare the record fordisclosure, including the process ofredacting the record and marking theappropriate exemptions. Review timealso includes time spent both obtainingand considering any formal objection todisclosure made by a confidentialinformation submitter under subpart Gof this part, but it excludes time spentresolving general legal or policy issues

regarding the application of FOIAexemptions.

Search means the process of lookingfor and retrieving records responsive toa request. Search time includes page-by-page or line-by-line identification ofinformation within records; and thereasonable efforts expended to locateand retrieve electronic records.

Submitter means any person or entityoutside the Federal Government fromwhom the Department obtainsconfidential information, directly orindirectly. The term includes, but is notlimited to individuals, corporations, andstate, local, tribal, and foreigngovernments.

Unusual circumstances means theneed to search for and collect requestedrecords from field facilities or otherestablishments that are separate fromthe office processing the request; theneed to search for, collect, and examinea voluminous amount of separate anddistinct records which are demanded ina single request; or the need forconsultation, which shall be conductedwith all practicable speed, with anotheragency, or among two or morecomponents of the Department, havinga substantial interest in thedetermination of the request.

Workday means a regular Federalworkday. It excludes Saturdays,Sundays, or Federal legal publicholidays. Items arriving or deliveredafter 5 p.m. Eastern Time will bedeemed received on the next workday.

You means a person requestingrecords, or filing an appeal, under theFOIA.

Appendix A to Part 2 [Removed]

* 6. Appendix A to Part 2 is removed.

Appendix B to Part 2 [Removed]

* 7. Appendix B to Part 2 is removed.

Appendix C to Part 2 [Redesignated asAppendix A to Part 2]

* 8. Appendix C to Part 2 isredesignated as Appendix A to Part 2and revised to read as follows.

Appendix A to Part 2-Fee Schedule

Types of Records Fee

(1) Physical records:Pages no larger than 8.5 x 14 inches, when reproduced by standard

office copying machines or scanned into an electronic formatColor copies of pages no larger than 8.5 x 11 inches ............................Pages larger than 8.5 x 14 inches ...........................................................Color copies of pages no larger than 11 x 17 inches .............................Photographs and records requiring special handling (for example, be-

cause of age, size, or format).(2) Electronic records:Charges for services related to processing requests for electronic

records.

$.15 per page ($.30 for double-sided copying).

$.90 per page.Direct cost to DOI.$1.50 per page.Direct cost to DOI.

Direct cost to DOI.



Types of Records Fee

(3) Certification Fee.Each certificate of verification attached to authenticate copies of $.25

records.(4) Postage:Charges that exceed the cost of first class postage, such as express Postage or delivery charge.

mail or overnight delivery.(5) Other Services:Cost of special services or materials, other than those provided for by Direct cost to DOI.

this fee schedule, when requester is notified of such costs in ad-vance and agrees to pay them.

Appendix D to Part 2 [Removed]

* 9. Appendix D to Part 2 is removed.

Appendix E to Part 2 [Removed]

* 10. Appendix E to Part 2 is removed.

Appendix F to Part 2 [Redesignated asAppendix B to Part 2]

n 11. Appendix F to Part 2 isredesignated as Appendix B to Part 2.[FR Doe. 2012-31117 Filed 12-28-12; 8:45 am]

BILLING CODE 4310-10-P

DEPARTMENT OF HOMELANDSECURITY

Federal Emergency ManagementAgency

44 CFR Part 65

[Docket ID FEMA-2012-0003]

Changes in Flood ElevationDeterminations

AGENCY: Federal EmergencyManagement Agency, DHS.ACTION: Final rule.

SUMMARY: Modified Base (1% annual-chance) Flood Elevations (BFEs) arefinalized for the communities listedbelow. These modified BFEs will beused to calculate flood insurancepremium rates for new buildings andtheir contents.DATES: The effective dates for thesemodified BFEs are indicated on thefollowing table and revise the FloodInsurance Rate Maps (FIRMs) in effectfor the listed communities prior to thisdate.ADDRESSES: The modified BFEs for eachcommunity are available for inspectionat the office of the Chief ExecutiveOfficer of each community. Therespective addresses are listed in thetable below.FOR FURTHER INFORMATION CONTACT: LuisRodriguez, Chief, EngineeringManagement Branch, Federal Insuranceand Mitigation Administration, FederalEmergency Management Agency, 500 C

Street SW., Washington, DC 20472,(202) 646-4064, or (email)Luis.Rodriguez3@fema. dhs.gov.

SUPPLEMENTARY INFORMATION: TheFederal Emergency Management Agency(FEMA) makes the final determinationslisted below of the modified BFEs foreach community listed. These modifiedBFEs have been published innewspapers of local circulation andninety (90) days have elapsed since thatpublication. The Deputy AssociateAdministrator for Mitigation hasresolved any appeals resulting from thisnotification.

The modified BFEs are not listed foreach community in this notice.However, this final rule includes theaddress of the Chief Executive Officer ofthe community where the modified BFEdeterminations are available forinspection.

The modified BFEs are made pursuantto section 206 of the Flood DisasterProtection Act of 1973, 42 U.S.C. 4105,and are in accordance with the NationalFlood Insurance Act of 1968, 42 U.S.C.4001 et seq., and with 44 CFR part 65.

For rating purposes, the currentlyeffective community number is shownand must be used for all new policiesand renewals.

The modified BFEs are the basis forthe floodplain management measuresthat the community is required either toadopt or to show evidence of beingalready in effect in order to qualify orto remain qualified for participation inthe National Flood Insurance Program(NFIP).

These modified BFEs, together withthe floodplain management criteriarequired by 44 CFR 60.3, are theminimum that are required. Theyshould not be construed to mean thatthe community must change anyexisting ordinances that are morestringent in their floodplainmanagement requirements. Thecommunity may at any time enactstricter requirements of its own orpursuant to policies established by otherFederal, State, or regional entities.

These modified BFEs are used to meetthe floodplain management

requirements of the NFIP and also areused to calculate the appropriate floodinsurance premium rates for newbuildings built after these elevations aremade final, and for the contents in thosebuildings. The changes in BFEs are inaccordance with 44 CFR 65.4.

National Environmental Policy Act.This final rule is categorically excludedfrom the requirements of 44 CFR part10, Environmental Consideration. Anenvironmental impact assessment hasnot been prepared.

Regulatory Flexibility Act. As floodelevation determinations are not withinthe scope of the Regulatory FlexibilityAct, 5 U.S.C. 601-612, a regulatoryflexibility analysis is not required.

Regulatory Classification. This finalrule is not a significant regulatory actionunder the criteria of section 3(f) ofExecutive Order 12866 of September 30,1993, Regulatory Planning and Review,58 FR 51735.

Executive Order 13132, Federalism.This final rule involves no policies thathave federalism implications underExecutive Order 13132, Federalism.

Executive Order 12988, Civil JusticeReform. This final rule meets theapplicable standards of Executive Order12988.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains,Reporting and recordkeepingrequirements.

Accordingly, 44 CFR part 65 isamended to read as follows:

PART 65-[AMENDED]

m 1. The authority citation for part 65continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.;Reorganization Plan No. 3 of 1978, 3 CFR,1978 Comp., p. 329; E.O. 12127, 44 FR 19367,3 CFR, 1979 Comp., p.376.

§ 65.4 [Amended]

* 2. The tables published under theauthority of § 65.4 are amended asfollows:

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76898 federal register/vol. 77, no. 250/monday, december 31, … · 2015. 6. 19. · 76898 federal...

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