[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Rules and Regulations]
[Pages 10951-10959]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04180]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / 
Rules and Regulations

[[Page 10951]]



NATIONAL CAPITAL PLANNING COMMISSION

1 CFR Part 456


Freedom of Information Act Regulations

AGENCY: National Capital Planning Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The National Capital Planning Commission (NCPC or Commission) 
revises the current rule the NCPC follows for processing requests for 
information under the Freedom of Information Act (FOIA). The revisions 
reorganize the rule to focus each section on a discrete topic. The 
revisions also incorporate new information in response to changes to 
the FOIA since NCPC's adoption of its current FOIA rule in 1982. 
Finally, the revisions decrease the cost charged for hard copies and 
increase the threshold dollar amount that must be reached before the 
NCPC charges members of the public a processing fee for information.

DATES: Effective March 31, 2014.

FOR FURTHER INFORMATION CONTACT: Anne R. Schuyler, (202) 482-7223 or 
FOIARequests@ncpc.gov.

SUPPLEMENTARY INFORMATION:

I. Description of Changes and Response to Comments

A. Summary of Changes

    The two primary changes to the NCPS's current FOIA rule are a 
structural reorganization and the addition of five sections addressing 
new subject matter. The structural reorganization breaks up larger 
sections of the current rule which address multiple, related topics 
into individual, discrete sections addressing one individual topic per 
section. A second structural reorganization creates a Definition 
section (Sec.  456.3) consolidating all defined terms into one section 
and the defined terms are then capitalized throughout the document. 
These structural changes were done to make the rule more coherent and 
user friendly. The new rule also includes six new sections--Definitions 
(Sec.  456.3), Multi-track Processing (Sec.  456.8), Expedited 
Processing (Sec.  456.9), Consultations and Referrals (Sec.  456.10), 
Classified and Controlled Unclassified Information (Sec.  456.11), 
Confidential Commercial Information (Sec.  456.12), and FOIA Records 
Management Sec.  456.16)--to address issues that have developed and/or 
been refined since the adoption of NCPC's current rules. The authority 
for the subject matter of the new sections is FOIA case law, other 
federal statutes, and Executive Orders. With the addition of the new 
sections in the rule, the NCPC's FOIA regulations provide a complete 
and current compendium of the rule governing the agency's FOIA 
activity. Requesters no longer need to consult multiple sources when 
preparing a FOIA Request for submission to the NCPC.
    On August 19, 2013, the NCPC published a Notice of Proposed 
Rulemaking in the Federal Register (78 FR 50351) and requested comments 
during a 60-day period ending October 18, 2013. The NCPC considered all 
comments received in drafting the final rule.

B. Discussion and Response to Comments

    Two Parties responded to the Notice of Proposed Rulemaking--a 
private individual and a subcomponent of a federal agency. Both parties 
offered specific recommendations they felt the NCPC should incorporate 
into the final rule.
    The private individual offered three recommendations as follows: 
(1) Reduce duplication fees to reflect the decline in duplication costs 
over the years; (2) eliminate reference to central processing time as a 
component of fees as this is an outdated, technological term; and (3) 
include an express reference to a commitment to release portions of 
documents capable of segregation when part of the document is exempt 
from release. In response, the final rule establishes a 10 cents 
duplication fee for single and double sided copies contrary to the 
proposed 15 cents per page and 30 cents for double sided pages (See, 
Sec.  456.14(a)(2)); eliminates the cost of operating a central 
processing unit as part of Search fees (SeeSec.  456.14(a)(iii)); and 
include an express statement that NCPC shall release any portion of a 
withheld Record that reasonably can be segregated from the exempt 
portion of the record. (See, Sec.  456.7(b)).
    The subcomponent of a federal agency offered the following 
recommendations: (1) Add additional language clarifying the 
intersection between FOIA and the Privacy Act; (2) add three new 
defined terms as follows: FOIA Public Liaison, Requestor Category, and 
Fee Waiver; (3) use statutory language for the definition of 
Representative of the News Media and consider incorporating the term 
Freelance Journalist into the definition; (4) clarify that all Records 
subject to a FOIA Request must be reviewed regardless of what Requester 
Category the Requester falls into by removing the phrase Commercial Use 
Request from the definition of Review; (5) eliminate from the 
definition of Workday days when the federal government is closed for 
any reason because the FOIA statute only excludes Saturdays, Sundays 
and legal holidays, and DOJ directs federal agencies to count days for 
reporting purposes when federal agencies are closed due to weather 
conditions, furloughed employees, or other circumstances; (6) clarify 
the language of Sec.  456.4 (General Policy) to indicate NCPC has 
administrative discretion to release documents without any charge or at 
a reduced rate, or to waive the agency's FOIA request requirements in 
the interest of public disclosure of information eligible for 
disclosure under the statute; (7) add a section indicating that the 
content of denial letters will include a brief description of the 
information being withheld and the exemption that provides for the 
deletion, provided this can be accomplished without revealing the 
deleted information or compromising the interest protected by the 
exemption; (8) include, in addition to the name of the agency to which 
a request has been referred, a description of the part of the request 
referred and the point of contact at the receiving agency; (9) advise 
requesters that the Office of Government Information Services (OGIS) 
provides mediation services to resolve disputes and include OGIS 
contact information; and (10) include information about the 
preservation of FOIA records and records management in the rules.

[[Page 10952]]

    With one exception, the NCPC agreed to all recommended changes and 
incorporated them into the final rule. Thus, in corresponding order to 
the above recommendations, the NCPC: (1) Expanded the discussion of the 
distinction between a FOIA Request and a request made under the Privacy 
Act (See, Sec.  456.1); (2) added new definitions for the terms FOIA 
Public Liaison, Fee Waiver, Representative of the News Media, and 
Requestor Category (See, Sec.  456.3(l), (k), (t) and (v)); (3) 
included the statutory definition of Representative of the News Media 
but declined to reference a Freelance Journalist in the definition of 
Representative of the News Media since the definition of a Freelance 
Journalist states them to be part of this group (See, Sec. Sec.  
456.3(t) and (n)); (4) deleted the term Commercial Use Request from the 
definition of Review to render it clear all FOIA Requests are subject 
to Review (See, Sec.  456.3(w)); (5) removed the reference to days when 
the federal government is closed for any reason from the definition of 
a Workday (See, Sec.  456(3)(aa)); (6) acknowledged NCPC's 
administrative discretion to waive fees and request requirements (See, 
Sec.  456.4(b)); (7) included a new section addressing the additional 
information to be contained in denial letters (See, Sec.  456.7(b)); 
(8) added additional content requirements for referral letters (See, 
Sec.  456.10(b)); (9) added information regarding OGIS's services and 
contact information (See, Sec.  456.13(c)); and (10) added a new 
section addressing FOIA Records Management (See, Sec.  456.16).
    Finally, in response to an internal agency peer review, the 
requirements for a Fee Waiver were removed from the section on fees and 
relegated to a separate section. At the same time the previous language 
for a Fee Waiver contained in the Notice of Proposed Rulemaking was 
simplified to comply with the plain English mandate.

II. Compliance With Laws and Executive Orders

1. Executive Order 12866 (Regulatory Planning and Review) and Executive 
Order 13563 (Improving Regulation and Regulatory Review)

    By Memorandum dated October 12, 1993 from Sally Katzen, 
Administrator, Office of Information and Regulatory Affairs (OIRA) to 
Heads of Executive Departments and Agencies and Independent Agencies, 
the Office of Management and Budget (OMB) rendered the NCPC exempt from 
the requirements of Executive Order 12866 (See, Appendix A of cited 
Memorandum). Nonetheless, the NCPC endeavors to adhere to the 
provisions of the Executive Order. Accordingly, the NCPC, in 
consultation with OIRA, has determined the rule is not a major rule for 
purposes of Executive Order 12866. Further, the NCPC developed the rule 
in a manner consistent with the requirements of Executive Order 13563.

2. Regulatory Flexibility Act

    As required by the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.), the NCPC certifies that the rule will not have a significant 
economic effect on a substantial number of small entities.

3. Small Business Regulatory Enforcement Fairness Act

    This is not a major rule under 5 U.S.C. 804(2), the Small Business 
Regulatory Enforcement Fairness Act. It does not have an annual effect 
on the economy of $100 million or more; will not cause a major increase 
in costs for individuals, various levels of governments or various 
regions; and does not have a significant adverse effect on competition, 
employment, investment, productivity, innovation or the competitiveness 
of U.S. enterprises with foreign enterprises.

4. Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.)

    A statement required by the Unfunded Mandates Reform Act is not 
required. The rule neither imposes an unfunded mandate of more than 
$100 million per year nor imposes a significant or unique effect on 
state, local or tribal governments or the private sector.

5. Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient Federalism implications to warrant the preparation of a 
Federalism Assessment. The rule does not substantially and directly 
affect the relationship between the federal and state governments.

6. Civil Justice Reform (Executive Order 12988)

    The General Counsel of the NCPC has determined that the rule does 
not unduly burden the judicial system and meets the requirements of 
Executive Order 12988 Sec. Sec.  3(a) and 3(b)(2).

7. Paperwork Reduction Act

    The rule does not contain information collection requirements, and 
it does not require a submission to the OMB under the Paperwork 
Reduction Act.

8. National Environmental Policy Act

    The rule is of an administrative nature, and its adoption does not 
constitute a major federal action significantly affecting the quality 
of the human environment. The NCPC's adoption of the rule will have 
minimal or no effect on the environment; impose no significant change 
to existing environmental conditions; and will have no cumulative 
environmental impacts.

9. Clarity of the Regulation

    Executive Order 12866, Executive Order 12988, and the Presidential 
Memorandum of June 1, 1998 requires the NCPC to write all rules in 
plain language. The NCPC maintains the rule meets this requirement, and 
there were no comments offered challenging this assertion.

List of Subjects in 1 CFR Part 456

    Freedom of Information.

     Dated: February 21, 2014.
Anne R. Schuyler,
General Counsel.

    For the reasons stated in the preamble, the National Capital 
Planning Commission revises 1 CFR Part 456 to read as follows:

PART 456--NATIONAL CAPITAL PLANNING COMMISSION FREEDOM OF 
INFORMATION ACT

Sec.
456.1 General information.
456.2 Organization.
456.3 Definitions.
456.4 General policy.
456.5 Public reading rooms and information routinely available.
456.6 FOIA request requirements.
456.7 FOIA response requirements.
456.8 Multi-track processing.
456.9 Expedited processing.
456.10 Consultations and referrals.
456.11 Classified and controlled unclassified information.
456.12 Confidential commercial information.
456.13 Appeals.
456.14 Fees.
456.15 Fee waiver requirements.
456.16 Preservation of FOIA records.

    Authority: 40 U.S.C. 8701 et seq., as amended and 5 U.S.C. 552, 
as amended.


Sec.  456.1  General information.

    This part contains the rules the National Capital Planning 
Commission (NCPC or Commission) shall follow in processing third party 
Requests for Records concerning the activities of the NCPC under the 
Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended. Requests 
made by a U.S. citizen or an individual lawfully admitted for permanent 
residence to access his or her own records under the Privacy Act, 5 
U.S.C. 522a are processed under this

[[Page 10953]]

part and in accordance with part 455 of Title 1 of the Code of Federal 
Regulations (CFR) to provide the greatest degree of access while 
safeguarding an individual's personal privacy. Information routinely 
provided to the public as part of regular NCPC activity shall be 
provided to the public without regard to this part.


Sec.  456.2  Organization.

    (a) The NCPC serves as the planning agency for the federal 
government in the National Capital Region (NCR). The NCR includes the 
District of Columbia; Montgomery and Prince George's Counties in 
Maryland; Arlington, Fairfax, Loudon, and Prince William Counties in 
Virginia; and all cities in Maryland and Virginia in the aforementioned 
counties.
    (b) Pursuant to the Planning Act, 40 U.S.C. 8701 et seq., the 
NCPC's primary mission includes:
    (1) Preparation of the ``Comprehensive Plan for the National 
Capital: Federal Elements'' (Comprehensive Plan). The Comprehensive 
Plan sets forth the principles, goals and planning policies that guide 
federal government growth and development of the NCR, and it serves as 
the foundation for all other plans prepared by the NCPC.
    (2) Review of Federal and District of Columbia Agency Plans and 
Projects. The Commission reviews, and takes appropriate action on, 
federal and District government agency plans and projects to ensure 
compliance with, among others, the Comprehensive Plan, principals of 
good planning and urban design, and federal environmental and historic 
preservation policies mandated by the National Environmental Policy Act 
(NEPA) and the National Historic Preservation Act (NHPA).
    (3) Preparation of the ``Federal Capital Improvement Program for 
the National Capital Region'' (FCIP). The FCIP is an annual, six year 
program of prioritized federal government capital projects prepared by 
the NCPC for the Office of Management and Budget (OMB).
    (c) The Commission is comprised of five citizen members, three of 
whom are appointed by the President of the United States without Senate 
approval, including the Chairman, and two of whom are appointed by the 
Mayor of the District of Columbia. Ex-officio members of the Commission 
include:
    (1) The Secretary of Defense;
    (2) The Administrator of the General Services Administration;
    (3) The Mayor of the District of Columbia;
    (4) The Chairman of the Council of the District of Columbia;
    (5) The Chairman of the Senate Committee of Homeland Security and 
Governmental Affairs; and
    (6) The Chairman of the House Committee on Oversight and Government 
Reform or their designated alternates.
    (d) A professional staff, headed by an Executive Director, assists 
the Commission and is organized as described on the NCPC Web site 
(www.ncpc.gov).


Sec.  456.3  Definitions.

    For purposes of this part, the following definitions shall apply:
    (a) Act and FOIA mean the Freedom of Information Act, 5 U.S.C. 552, 
as amended.
    (b) Adverse Determination or Determination shall include a 
determination to withhold, in whole or in part, Records requested in a 
FOIA Request; the failure to respond to all aspects of a Request; the 
determination to deny a request for a Fee Waiver; or the determination 
to deny a request for expedited processing. The term shall also 
encompass a challenge to NCPC's determination that Records have not 
been described adequately, that there are no responsive Records, or 
that an adequate Search has been conducted.
    (c) Agency Record or Record means any documentary material which is 
either created or obtained by a federal agency (Agency) in the 
transaction of Agency business and under Agency control. Agency Records 
may include without limitation books; papers; maps; charts; plats; 
plans; architectural drawings; photographs and microfilm; machine 
readable materials such as magnetic tape, computer disks and electronic 
data storage devices; electronic records including email messages; and 
audiovisual material such as still pictures, sound, and video 
recordings. This definition generally does not cover records of Agency 
staff that are created and maintained primarily for a staff member's 
convenience, exempt from Agency creation or retention requirements, and 
withheld from distribution to other Agency employees for their official 
use.
    (d) Confidential Commercial Information means commercial or 
financial information obtained by the NCPC from a Submitter that may be 
protected from disclosure under Exemption 4 of the FOIA. Exemption 4 of 
the FOIA protects trade secrets and commercial or financial information 
obtained from a person which information is privileged or confidential.
    (e) Controlled Unclassified Information means unclassified 
information that does not meet the standards for National Security 
Classification under Executive Order 13536, as amended, but is 
pertinent to the national interests of the United States or to the 
important interests of entities outside the federal government, and 
under law or policy requires protection from unauthorized disclosure, 
special handling safeguards, or prescribed limits on exchange or 
dissemination.
    (f) Commercial Use Request means a FOIA Request from or on behalf 
of one who seeks information for a use or purpose that furthers the 
commercial, trade, or profit interests of the Requester or the person 
on whose behalf the Request is made.
    (g) Direct Costs means those expenditures that the NCPC incurs in 
searching for, duplicating, and reviewing documents to respond to a 
FOIA Request. Direct Costs include, for example, the salary of the 
employee performing the work (the basic rate of pay for the employee 
plus 16 percent of the rate to cover benefits) and the cost of 
operating duplicating machinery. Direct Costs do not include overhead 
expenses such as costs of space, and heating or lighting the facility 
in which the Records are stored.
    (h) Duplication means the process of making a copy of a document 
necessary to respond to a FOIA Request in a form that is reasonably 
usable by a Requester. Copies can take the form of, among others, paper 
copy, audio-visual materials, or machine readable documents (i.e., 
computer disks or electronic data storage devices).
    (i) Educational Institution means a preschool, a public or private 
elementary or secondary school, an institution of undergraduate higher 
education, an institution of graduate higher education, an institution 
of professional education, and an institution of vocational education, 
which operates a program or programs of scholarly research. To be 
classified in this category, a Requester must show that the Request is 
authorized by and is made under the auspices of a qualifying 
institution and that the records are not sought for a commercial use 
but are sought to further scholarly research.
    (j) Expedited Processing means giving a FOIA Request priority 
because a Requester has shown a compelling need for the Records.
    (k) Fee Waiver means a waiver in whole or in part of fees if a 
Requester can demonstrate that certain statutory requirements are 
satisfied including that the information is in the public interest and 
is not requested for commercial purposes.

[[Page 10954]]

    (l) FOIA Public Liaison means an NCPC official who is responsible 
for assisting in reducing delays, increasing transparency and 
understanding the status of Requests, and assisting in the resolution 
of disputes.
    (m) FOIA Request or Request means a written Request made by an 
entity or member of the public for an Agency Record submitted via the 
U.S. Postal Service mail or other delivery means to include without 
limitation electronic-mail (email) or facsimile.
    (n) Freelance Journalist means a Representative of the News Media 
who is able to demonstrate a solid basis for expecting publication 
through a news organization, even though not actually employed by that 
news organization. A publication contract or past evidence of a 
specific freelance assignment from a news organization may indicate a 
solid basis for expecting publication.
    (o) Frequently Requested Documents means documents that have been 
Requested at least three times under the FOIA. It also includes 
documents the NCPC anticipates would likely be the subject of multiple 
Requests.
    (p) Multi-track Processing means placing simple Requests requiring 
relatively minimal work and/or review in one processing track, more 
complex Requests in one or more other tracks, and expedited Requests in 
a separate track. Requests in each track are processed on a first-in/
first-out basis.
    (q) Noncommercial Scientific Institution means an institution that 
is not operated for commerce, trade or profit, but is operated solely 
for the purpose of conducting scientific research the results of which 
are not intended to promote any particular product or industry. To be 
in this category, a Requester must show that the Request is authorized 
by and is made under the auspices of a qualifying institution and that 
the Records are not sought for commercial use but are sought to further 
scientific research.
    (r) Privacy Act Request means a written (paper copy with an 
original signature) request made by an individual for information about 
himself/herself that is contained in a Privacy Act system of records. 
The Privacy Act applies only to U.S. citizens and aliens lawfully 
admitted for permanent residence such that only individuals satisfying 
these criteria may make Privacy Act Requests.
    (s) Reading Room Materials means Records, paper or electronic, that 
are required to be made available to the public under 5.U.S.C. 
552(a)(2) as well as other Records that the NCPC, at its discretion, 
makes available to the public for inspection and copying without 
requiring the filing of a FOIA Request.
    (t) Representative of the News Media means any person or entity 
that gathers information of potential interest to a segment of the 
population, uses his/her/its editorial skills to turn raw material into 
a distinct work, and distributes that work to an audience. News media 
entities include television or radio stations broadcasting to the 
public at large; publishers of periodicals that qualify as 
disseminators of news and make their products available for purchase or 
subscription by the general public; and alternative media to include 
electronic dissemination through telecommunication (internet) services. 
To be in this category, a Requester must not be seeking the Requested 
Records for a commercial use.
    (u) Requester means an entity or member of the public submitting a 
FOIA Request.
    (v) Requester Category means one of the five categories NCPC places 
Requesters in for the purpose of determining whether the Requester will 
be charged for Search, Review and Duplication, and includes Commercial 
Use Requests, Educational Institutions, Noncommercial Scientific 
Institutions, Representatives of the News Media, and all other 
Requesters.
    (w) Review means the examination of Records to determine whether 
any portion of the located Record is eligible to be withheld. It also 
includes processing any Records for disclosure, i.e., doing all that is 
necessary to excise the record and otherwise prepare the Record for 
release. Review does not include time spent resolving general legal or 
policy issues regarding the application of exemptions.
    (x) Search means the process of looking for material, by manual or 
electronic means that is responsive to a FOIA Request. The term also 
includes page-by-page or line-by-line identification of material within 
documents.
    (y) Submitter means any person or entity outside the federal 
government from whom the NCPC directly or indirectly obtains commercial 
or financial information. The term includes, among others, 
corporations, banks, state and local governments, and agencies of 
foreign governments who provide information to the NCPC.
    (z) Unusual Circumstances means, for purposes of Sec.  456.7(c), 
and only to the extent reasonably necessary to the proper processing of 
a particular Request:
    (1) The need to Search for and collect the Requested Agency Records 
from establishments that are separate from the Commission's offices;
    (2) The need to Search for, collect and appropriately examine and 
Review a voluminous amount of separate and distinct Agency Records 
which are demanded in a single Request; or
    (3) The need for consultation with another Agency having a 
substantial interest in the determination of the FOIA Request.
    (aa) Workday means a regular Federal workday. It does not include 
Saturdays, Sundays, and legal public holidays.


Sec.  456.4  General policy.

    (a) It is the NCPC's general policy to facilitate the broadest 
possible availability and dissemination of information to the public 
through use of the NCPC's Web site, www.ncpc.gov, and physical 
distribution of materials not available electronically. The NCPC staff 
shall be available to assist the public in obtaining information 
formally by using the procedures herein or informally in a manner not 
inconsistent with the rule set forth in this part. In addition, to the 
extent permitted by other laws, the NCPC will make available Agency 
Records of interest to the public that are appropriate for disclosure.
    (b) The NCPC possesses the administrative discretion in the context 
of individual Requests to release documents for no or reduced fees or 
to waive any of the NCPC's FOIA Request requirements in the interest of 
public disclosure of information eligible for disclosure under the Act.


Sec.  456.5  Public reading rooms and information routinely available.

    (a) The NCPC shall maintain an electronic library at www.ncpc.gov 
that makes Reading Room Materials capable of production in electronic 
form available for public inspection and downloading. The NCPC shall 
also maintain an actual public reading room containing Reading Room 
Materials incapable of production in electronic form at NCPC's offices. 
The actual reading room shall be available for use on Workdays during 
the hours of 9:00 a.m. to 4:00 p.m. Requests for appointments to review 
Reading Room Materials in the actual public reading room should be 
directed to the NCPC's Information Resources Specialist identified on 
the NCPC Web site (www.ncpc.gov).
    (b) The following types of Records shall be available routinely 
(subject to the fee schedule set forth in Sec.  456.14) without resort 
to formal FOIA Request procedures unless such Records fall

[[Page 10955]]

within one of the exemptions listed at 5 U.S.C. 552(b) of the Act:
    (1) Commission agendas;
    (2) Plans and supporting documentation submitted by applicants to 
the Commission to include environmental and historic preservation 
reports prepared for a plan or project;
    (3) Executive Director's Recommendations;
    (4) Commission Memoranda of Action;
    (5) Transcripts of Commission proceedings;
    (6) ``The Comprehensive Plan for the National Capital: Federal 
Elements'' and other plans prepared by the NCPC;
    (7) ``Federal Capital Improvements Plan for the National Capital 
Region'' following release of the President's Budget;
    (8) Policies adopted by the Commission;
    (9) Correspondence between the Commission and the Congress, other 
federal and local government agencies, and the public; and
    (10) Frequently Requested Documents.


Sec.  456.6  FOIA request requirements.

    (a) The NCPC shall designate a Chief Freedom of Information Act 
Officer who shall be authorized to grant or deny any Request for a 
Record of the NCPC.
    (b) Requests for a Record or Records that is/are not available in 
the actual or electronic reading rooms shall be directed to the Chief 
Freedom of Information Act Officer.
    (c) All FOIA Requests shall be made in writing. If sent by U.S. 
mail, Requests should be sent to NCPC's official business address 
contained on the NCPC Web site. If sent via email, they should be 
directed to www.ncpc.gov. To expedite internal handling of FOIA 
Requests, the words Freedom of Information Act Request shall appear 
prominently on the transmittal envelope or the subject line of a 
Request sent via email or facsimile.
    (d) The FOIA Request shall:
    (1) State that the Request is made pursuant to the FOIA;
    (2) Describe the Agency Record(s) Requested in sufficient detail 
including, without limitation, any specific information known such as 
date, title or name, author, recipient, or time frame for which you are 
seeking Records, to enable the NCPC personnel to locate the Requested 
Agency Records;
    (3) State, pursuant to the fee schedule set forth in Sec.  456.14, 
a willingness to pay all fees associated with the FOIA Request or the 
maximum fee the Requester is willing to pay to obtain the Requested 
Records, unless the Requester is seeking a Fee Waiver or placement in a 
certain Requester Category;
    (4) State the desired form or format of disclosure of Agency 
Records with which the NCPC shall endeavor to comply unless compliance 
would damage or destroy an original Agency Record or reproduction is 
costly and/or requires the acquisition of new equipment; and
    (5) Provide a phone number or email address at which the Requester 
can be reached to facilitate the handling of the Request.
    (e) If a FOIA Request is unclear, overly broad, involves an 
extremely voluminous amount of Records or a burdensome Search, or fails 
to state a willingness to pay the requisite fees or the maximum fee 
which the Requester is willing to pay, the NCPC shall endeavor to 
contact the Requester to define the subject matter, identify and 
clarify the Records being sought, narrow the scope of the Request, and 
obtain assurances regarding payment of fees. The timeframe for a 
response set forth in Sec.  456.7(a) shall be tolled (stopped 
temporarily) and the NCPC will not begin processing a Request until the 
NCPC obtains the information necessary to clarify the Request and/or 
clarifies issues pertaining to the fee.


Sec.  456.7  FOIA response requirements.

    (a) The Freedom of Information Act Officer, upon receipt of a FOIA 
Request made in compliance with these rules, shall determine within 20 
Workdays whether to grant or deny the Request. The Freedom of 
Information Officer shall within 20 Workdays notify the Requester in 
writing of his/her determination and the reasons therefore and of the 
right to appeal any Adverse Determination to the head of the NCPC.
    (b) If a Request is denied in whole or in part, the Chief FOIA 
Officer's written determination shall include, if technically feasible, 
the precise amount of information withheld, a brief description of the 
information withheld without revealing its content, and the exemption 
under which it is being withheld unless revealing the exemption would 
harm an interested protected by the exemption. NCPC shall release any 
portion of a withheld Record that reasonably can be segregated from the 
exempt portion of the Record.
    (c) In cases involving Unusual Circumstances, the Chief FOIA 
Officer may extend the 20 Workday time limit by written notice to the 
Requester. The written notice shall set forth the reasons for the 
extension and the date on which a determination is expected to be 
dispatched. No such notice shall specify a date that would result in an 
extension of more than 10 Working Days unless the Freedom of 
Information Act Officer affords the Requester an opportunity to modify 
his/her Request or arranges an alternative timeframe with the Requester 
for completion of the NCPC's processing.


Sec.  456.8  Multi-track processing.

    The NCPC may use multiple tracks for processing FOIA Requests based 
on the complexity of Requests and those for which expedited processing 
is Requested. Complexity shall be determined based on the amount of 
work and/or time needed to process a Request and/or the number of pages 
of responsive Records. If the NCPC utilizes Multi-track Processing, it 
shall advise a Requester when a Request is placed in a slower track of 
the limits associated with a faster track and afford the Requester the 
opportunity to limit the scope of its Request to qualify for faster 
processing.


Sec.  456.9  Expedited processing.

    (a) The NCPC shall provide Expedited Processing of a FOIA Request 
if the person making the Request demonstrates that the Request 
involves:
    (1) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (2) An urgency to inform the public about an actual or alleged 
federal government activity, if made by a person primarily engaged in 
disseminating information;
    (3) The loss of substantial due process rights; or
    (4) A matter of widespread and exceptional media interest in which 
there exists possible questions about the government's integrity which 
affect public confidence.
    (b) A Request for Expedited Processing may be made at the time of 
the initial FOIA Request or at a later time.
    (c) A Requester seeking Expedited Processing must submit a detailed 
statement setting forth the basis for the Expedited Processing Request. 
The Requester must certify in the statement that the need for Expedited 
Processing is true and correct to the best of his/her knowledge. To 
qualify for Expedited Processing, a Requester relying upon the category 
in paragraph (a)(2) of this section must establish:
    (1) He/she is a full time Representative of the News Media or 
primarily engaged in the occupation of information dissemination, 
though it need not be his/her sole occupation;

[[Page 10956]]

    (2) A particular urgency to inform the public about the information 
sought by the FOIA Request beyond the public's right to know about the 
government activity generally; and
    (3) The information is of the type that has value that will be lost 
if not disseminated quickly such as a breaking news story. Information 
of historical interest only or information sought for litigation or 
commercial activities will not qualify nor would a news media deadline 
unrelated to breaking news.
    (d) Within 10 calendar days of receipt of a Request for expedited 
processing, the NCPC shall decide whether to grant or deny the Request 
and notify the Requester of the decision in writing. If a Request for 
Expedited Processing is granted, the Request shall be given priority 
and shall be processed in the expedited processing track. If a Request 
for Expedited Processing is denied, any appeal of that decision shall 
be acted on expeditiously.


Sec.  456.10  Consultations and referrals.

    (a) Unless the NCPC determines that it is best able to process a 
Record in response to a FOIA Request, the NCPC shall either respond to 
the FOIA Request after consultation with the Agency best able to 
determine if the Requested Record(s) is/are subject to disclosure; or 
refer the responsibility for responding to the FOIA Request to the 
Agency responsible for originating the Record(s). Generally, the Agency 
originating a Record will be presumed by the NCPC to be the Agency best 
qualified to render a decision regarding disclosure or exemption except 
for Agency Records submitted to the NCPC pursuant to its authority to 
review Agency plans and/or projects.
    (b) Upon referral of a FOIA Request to another Agency, the NCPC 
shall notify the Requester in writing of the referral, inform the 
Requester of the name of the Agency to which all or part of the FOIA 
Request has been referred, provide the Requester a description of the 
part of the Request referred, and advise the Requester of a point of 
contact within the receiving Agency.
    (c) The timeframe for a response to a FOIA Request requiring 
consultation or referral shall be based on the date the FOIA Request 
was initially received by the NCPC and not any later date.


Sec.  456.11  Classified and controlled unclassified information.

    (a) For Requests for an Agency Record that has been classified or 
may be appropriate for classification by another Agency pursuant to an 
Executive Order concerning the classification of Records, the NCPC 
shall refer the responsibility for responding to the FOIA Request to 
the Agency that either classified the Record, should consider 
classifying the Record, or has primary interest in the Record, as 
appropriate.
    (b) Whenever a Request is made for a Record that is designated 
Controlled Unclassified Information by another Agency, the NCPC shall 
refer the FOIA Request to the Agency that designated the Record as 
Controlled Unclassified Information. Decisions to disclose or withhold 
information designated as Controlled Unclassified Information shall be 
made based on the applicability of the statutory exemptions contained 
in the FOIA, not on a Controlled Unclassified Information marking or 
designation.


Sec.  456.12  Confidential commercial information.

    (a) Confidential Commercial Information obtained by the NCPC from a 
Submitter shall be disclosed under the FOIA only in accordance with the 
requirements of this section.
    (b) A Submitter of Confidential Commercial Information shall use 
good-faith efforts to designate, by appropriate markings, either at the 
time of submission or at a reasonable time thereafter, any portions of 
its submission that it considers to be protected from disclosure under 
Exemption 4 of the FOIA. These designations will expire ten years after 
the date of the submission unless the Submitter requests, and provides 
justification for, a longer designation period.
    (c) Notice shall be given to a Submitter of a FOIA Request for 
potential Confidential Commercial Information if:
    (1) The requested information has been designated in good faith by 
the Submitter as Confidential Commercial Information eligible for 
protection from disclosure under Exemption 4 of the FOIA; or
    (2) The NCPC has reason to believe the requested information is 
Confidential Commercial Information protected from disclosure under 
Exemption 4 of the FOIA.
    (d) Subject to the requirements of paragraphs (c) and (g) of this 
section, the NCPC shall provide a Submitter with prompt written notice 
of a FOIA Request or administrative appeal that seeks the Submitter's 
Confidential Commercial Information. The notice shall give the 
Submitter an opportunity to object to disclosure of any specified 
portion of that Confidential Commercial Information pursuant to 
paragraph (e) of this section. The notice shall either describe the 
Confidential Commercial Information Requested or include copies of the 
Requested Records or portions thereof containing the Confidential 
Commercial Information. When notice to a large number of Submitters is 
required, NCPC may provide notification by posting or publishing the 
notice in a place reasonably likely to accomplish the intent of the 
notice requirement such as a newspaper, newsletter, the NCPC Web site, 
or the Federal Register.
    (e) The NCPC shall allow a Submitter a reasonable time to respond 
to the notice described in paragraph (d) of this section and shall 
specify within the notice the time period for response. If a Submitter 
has any objection to disclosure, it shall submit a detailed written 
statement. The statement must specify all grounds for withholding any 
portion of the Confidential Commercial Information under any exemption 
of the FOIA and, in the case of Exemption 4, it must show why the 
Confidential Commercial Information is a trade secret or commercial or 
financial information that is privileged or confidential. If the 
Submitter fails to respond to the notice within the specified time, the 
NCPC shall consider this failure to respond as no objection to 
disclosure of the Confidential Commercial Information on the part of 
the Submitter, and NCPC shall proceed to release the requested 
information. A statement provided by the Submitter that is not received 
by NCPC until after the NCPC's disclosure decision has been made shall 
not be considered by the NCPC. Information provided by a Submitter 
under this paragraph may itself be subject to disclosure under the 
FOIA.
    (f) The NCPC shall consider a Submitter's objections and specific 
grounds for nondisclosure in deciding whether to disclose Confidential 
Commercial Information. Whenever the NCPC decides to disclose 
Confidential Commercial Information over the the objection of a 
Submitter, the NCPC shall give the Submitter written notice, which 
shall include:
    (1) A statement of the reason(s) why each of the Submitter's 
disclosure objections was not sustained;
    (2) A description of the Confidential Commercial Information to be 
disclosed; and
    (3) A specified disclosure date, which shall be a reasonable time 
subsequent to the notice.
    (g) The notice requirements of paragraphs (c) and (d) of this 
section shall not apply if:
    (1) The NCPC determines that the Confidential Commercial 
Information is exempt under FOIA;

[[Page 10957]]

    (2) The Confidential Commercial Information has been published 
lawfully or has been officially made available to the public;
    (3) The Confidential Commercial Information's disclosure is 
required by statute (other than the FOIA) or by a regulation issued in 
accordance with the requirements of Executive Order 12600 
(Predisclosure Notification Procedures for Confidential Commercial 
Information); or
    (4) The designation made by the Submitter under paragraph (b) of 
this section appears obviously frivolous in which case the NCPC shall, 
within a reasonable time prior to a specified disclosure date, give the 
Submitter written notice of any final decision to disclose the 
Confidential Commercial Information.
    (h) Whenever a Requester files a lawsuit seeking to compel the 
disclosure of Confidential Commercial Information, the NCPC shall 
promptly notify the Submitter.
    (i) Whenever the NCPC provides a Submitter with notice and an 
opportunity to object to disclosure under paragraph (d) of this 
section, the NCPC shall also notify the Requester. Whenever the NCPC 
notifies a Submitter of its intent to disclose Requested Information 
under paragraph (f) of this section, the NCPC shall also notify the 
Requester. Whenever a Submitter files a lawsuit seeking to prevent the 
disclosure of Confidential Commercial Information, the NCPC shall 
notify the Requester.


Sec.  456.13  Appeals.

    (a) An appeal of an Adverse Determination shall be made in writing 
to the Chairman of the Commission (Chairman). An appeal may be 
submitted via U.S. mail or other type of manual delivery service or via 
email or facsimile within 30 Workdays of the date of a notice of an 
Adverse Determination. To facilitate handling of an appeal, the words 
Freedom of Information Act Appeal shall appear prominently on the 
transmittal envelope or the subject line of a Request sent via 
electronic-mail or facsimile.
    (b) An appeal of an Adverse Determination shall include a detailed 
statement of the legal, factual or other basis for the Requester's 
objections to an Adverse Determination; a daytime phone number or email 
address where the Requester can be reached if the NCPC requires 
additional information or clarification regarding the appeal; copies of 
the initial Request and the NCPC's written response; and for an Adverse 
Determination of a Request for Expedited Processing or a Fee Waiver, a 
demonstration of compliance with the requirements of Sec. Sec.  
456.9(a) and (c) or 456.14(a) through (c) respectively.
    (c) The Chairman shall respond to an appeal of an Adverse 
Determination in writing within 20 Workdays of receipt. If the Chairman 
grants the appeal, the Chairman shall notify the Requester, and the 
NCPC shall make available copies of the Requested Records promptly 
thereafter upon receipt of the appropriate fee determined in accordance 
with Sec.  456.14. If the Chairman denies the appeal in whole or in 
part, the letter to the Requester shall state the reason(s) for the 
denial, including the FOIA exemptions(s) applied; a statement that the 
decision is final; and notification of the Requester's right to seek 
judicial review of the denial in the District Court of the United 
States in either the locale in which the Requester resides, the locale 
in which the Requester has his/her principal place of business, or in 
the District of Columbia. The Chairman's letter of denial shall also 
advise the Requester that the Office of Government Information Services 
(OGIS) offers mediation services to resolve disputes between a 
Requester and the NCPC as a non-exclusive alternative to litigation. 
Contact information for OGIS can be obtained from the OGIS Web site at 
ogis@nara.gov.
    (d) The NCPC shall not act on an appeal of an Adverse Determination 
if the underlying FOIA Request becomes the subject of FOIA litigation.
    (e) A party seeking court review of an Adverse Determination must 
first appeal the decision under this section to NCPC.


Sec.  456.14  Fees.

    (a) In responding to FOIA Requests, the NCPC shall charge the 
following fees unless a Fee Waiver has been granted under Sec.  456.15.
    (1) Search Fees shall be as follows:
    (i) Search fees shall be charged for all Requests, subject to the 
limitations of paragraph (b) of this section. The NCPC may charge for 
time spent conducting a Search even if it fails to locate any 
responsive Records or if the NCPC withholds Records located based on a 
FOIA exemption.
    (ii) For each quarter hour spent by personnel searching for 
Requested Records, including electronic searches that do not require 
new programming, the fees will be calculated based on the average 
hourly General Schedule (GS) base salary, plus the District of Columbia 
locality payment, plus 16 percent for benefits, of employees in the 
following three categories: Staff Assistant (assigned at the GS 9-11 
grades); Professional Personnel (assigned at the GS 11-13 grades); and 
Managerial Staff (assigned at the 14-15 grades). For a Staff Assistant 
the quarter hour fee to Search for and retrieve a Requested Record 
shall be $9.00. If a Search and retrieval cannot be performed entirely 
by a Staff Assistant, and the identification of Records within the 
scope of a Request requires the use of Professional Personnel, the fee 
shall be $12.00 for each quarter hour of Search time spent by 
Professional Personnel. If the time of Managerial Personnel is 
required, the fee shall be $18.00 for each quarter hour of Search time 
spent by Managerial Personnel.
    (iii) For a computer Search of Records, Requesters shall be charged 
the Direct Costs of creating a computer program, if necessary, and/or 
conducting the Search, although certain Requesters (as provided in 
paragraph (b)(1) of this section) will be charged no Search fee and 
certain other Requesters (as provided in paragraph (b)(3) of this 
section) will be entitled to the cost equivalent of two hours of manual 
Search time without charge. These Direct Costs for a computer Search 
shall include the cost that is directly attributable to a Search for 
responsive Records, and the costs of the operator's salary for the time 
attributable to the Search.
    (2) Duplication fees shall be charged to all Requesters, subject to 
the limitations of paragraph (b) of this Section. For a paper photocopy 
of a Record (no more than one copy of which shall be supplied), the fee 
shall be 10 cents per page for single or double sided copies, 90 cents 
per page for 8\1/2\ by 11 inch color copies, and $1.50 per page for 
color copies up to 11 x 17 inches per page. For copies produced by 
computer, and placed on an electronic data saving device or provided as 
a printout, the NCPC shall charge the Direct Costs, including operator 
time, of producing the copy. For other forms of Duplication, the NCPC 
shall charge the Direct Costs of that Duplication.
    (3) Review fees shall be charged to Requesters who make a 
Commercial Use Request. Review fees will be charged only for the NCPC 
initial Review of a Record to determine whether an exemption applies to 
a particular Record or portion thereof. No charge will be made for 
Review at the administrative appeal level for an exemption already 
applied. However, Records or portions thereof withheld under an 
exemption that is subsequently determined not applicable upon appeal 
may be reviewed again to determine whether any other exemption not 
previously considered applies. If the NCPC determines a different 
exemption

[[Page 10958]]

applies, the costs of that Review are chargeable. Review fees will be 
charged at the same rates as those charged for a Search under paragraph 
(a)(1)(ii) of this section.
    (b) The following limitations on fees shall apply:
    (1) No Search fee shall be charged for FOIA Requests made by 
Educational Institutions, Noncommercial Scientific Institutions, or 
Representatives of the News Media.
    (2) No Search or Review fees shall be charged for a quarter-hour 
period unless more than half of that period is required for Search or 
Review.
    (3) Except for Requesters of a Commercial Use Request, the NCPC 
shall provide without charge the first two hours of Search (or the cost 
equivalent) and the first 100 pages of Duplication (or the cost 
equivalent); and
    (4) Except for Requesters of a Commercial Use Request, no fee shall 
be charged for a Request if the total fee calculated under this section 
equals $50.00 or less.
    (5) The fee provisions of this section shall be cumulative. 
Requesters other than those making a Commercial Use Request shall not 
be charged a fee unless the total cost of a Search in excess of two 
hours plus the cost of Duplication in excess of 100 pages totals more 
than $50.00.
    (c) If the NCPC determines or estimates fees in excess of $50.00, 
the NCPC shall notify the Requester of the actual or estimated amount 
of total fees, unless in its initial Request the Requester has 
indicated a willingness to pay fees as high as those determined or 
estimated. If only a portion of the fee can be estimated, the NCPC 
shall advise the Requester that the estimated fee constitutes only a 
portion of the total fee. If the NCPC notifies a Requester that actual 
or estimated fees amount to more than $50.00, the Request shall not be 
considered received for purposes of calculating the timeframe for a 
Response, and no further work shall be undertaken on the Request until 
the Requester agrees to pay the anticipated total fee. Any such 
agreement shall be memorialized in writing. A notice under this 
paragraph shall offer the Requester an opportunity to work with the 
NCPC to reformulate the Request to meet the Requester's needs at a 
lower cost.
    (d) Apart from other provisions of this section, if the Requester 
asks for or the NCPC chooses as a matter of administrative discretion 
to provide a special service--such as certifying that Records are true 
copies or sending them by other than ordinary mail--the actual costs of 
special service shall be charged.
    (e) The NCPC shall charge interest on any unpaid fee starting on 
the 31st day following the date of billing the Requester. Interest 
charges will be assessed at the rate provided in 31 U.S.C. 3717 
(Interest and Penalty on Claims) and will accrue from the date of the 
billing until payment is received by the NCPC. The NCPC shall follow 
the provisions of the Debt Collection Act of 1982 (Pub. L. No. 97-365, 
96 Stat. 1749), as amended, and its administrative procedures, 
including the use of consumer reporting agencies, collection agencies, 
and offset.
    (f) Where the NCPC reasonably believes that one or more Requesters 
are acting in concert to subdivide a Request into a series of Requests 
to avoid fees, the NCPC may aggregate the Requests and charge 
accordingly. The NCPC shall presume that multiple Requests of this type 
made within a 30-day period have been made to avoid fees. Where 
Requests are separated by a time period in excess of 30 days, the NCPC 
shall aggregate the multiple Requests if a solid basis exists for 
determining aggregation is warranted under all circumstances involved.
    (g) Advance payments shall be treated as follows:
    (1) For Requests other than those described in paragraphs (g)(2) 
and (3) of this section, the NCPC shall not require an advance payment. 
An advance payment refers to a payment made before work on a Request is 
begun or continued after being stopped for any reason but does not 
extend to payment owed for work already completed but not sent to a 
Requester.
    (2) If the NCPC determines or estimates a total fee under this 
section of more than $250.00, it shall require an advance payment of 
all or part of the anticipated fee before beginning to process a 
Request, unless the Requester provides satisfactory assurance of full 
payment or has a history of prompt payment.
    (3) If a Requester previously failed to pay a properly charged FOIA 
fee to the NCPC within 30 days of the date of billing, the NCPC shall 
require the Requester to pay the full amount due, plus any applicable 
interest, and to make an advance payment of the full amount of any 
anticipated fee, before the NCPC begins to process a new Request or 
continues processing a pending Request from that Requester.
    (4) If the NCPC requires advance payment or payment due under 
paragraphs (g)(2) or (3) of this section, the Request shall not be 
considered received and no further work will be undertaken on the 
Request until the required payment is received.
    (h) Where Records responsive to Requests are maintained for 
distribution by Agencies operating statutorily based fee schedule 
programs, the NCPC shall inform Requesters of the steps for obtaining 
Records from those sources so that they may do so most economically.
    (i) All fees shall be paid by personal check, money order or bank 
draft drawn on a bank of the United States, made payable to the order 
of the Treasurer of the United States.


Sec.  456.15  Fee waiver requirements.

    (a) Records responsive to a Request shall be furnished without 
charge or at a charge reduced below that established under Sec.  456.14 
if the Requester demonstrates to the NCPC, and the NCPC determines, 
based on all available information, that Disclosure of the Requested 
information is in the public interest because it is likely to 
contribute significantly to public understanding of the operations or 
activities of the government, and disclosure of the information is not 
primarily in the commercial interest of the Requester.
    (b) To determine if disclosure of the Requested information is in 
the public interest because it is likely to contribute significantly to 
public understanding of the operations or activities of the government, 
the Requester shall demonstrate, and NCPC shall consider, the following 
factors:
    (1) Whether the subject of the Requested Records concerns the 
operations or activities of the government. The subject of the 
Requested Records must concern identifiable operations or activities of 
the federal government, with a connection that is direct and clear, not 
remote or attenuated.
    (2) Whether the disclosure is likely to contribute to an 
understanding of government operations or activities. The portions of 
the Requested Records eligible for disclosure must be meaningfully 
informative about government operations or activities. The disclosure 
of information that already is in the public domain, in either a 
duplicative or a substantially identical form, is not likely to 
contribute to an understanding of government operations and activities 
because this information is already known.
    (3) Whether disclosure of the Requested information will contribute 
to public understanding. The disclosure must contribute to the 
understanding of a reasonably broad audience of persons interested in 
the subject, as opposed to the individual understanding of the 
Requester. A Requester's expertise in the subject area and ability and 
intention to effectively convey

[[Page 10959]]

information to the public shall be considered. It shall be presumed 
that a Representative of the News Media satisfies this consideration.
    (4) Whether the disclosure is likely to contribute significantly to 
public understanding of government operations or activities. The 
public's understanding of the subject in question must be enhanced by 
the disclosure to a significant extent, as compared to the level of 
public understanding existing prior to the disclosure. The NCPC shall 
not make value judgments about whether information that would 
contribute significantly to public understanding of the operations or 
activities of the government is important enough to be made public.
    (c) To determine whether disclosure of the information is not 
primarily in the commercial interest of the Requester, the Requester 
shall demonstrate, and NCPC shall consider, the following factors:
    (1) Whether the Requester has a commercial interest that would be 
furthered by the Requested disclosure. The NCPC shall consider any 
commercial interest of the Requester (with reference to the definition 
of Commercial Use Request in Sec.  456.3(f)), or of any person on whose 
behalf the Requester may be acting, that would be furthered by the 
Requested disclosure. Requesters shall be given an opportunity in the 
administrative process to provide explanatory information regarding 
this consideration.
    (2) Whether any identified commercial interest of the Requester is 
sufficiently large in comparison with the public interest in disclosure 
that disclosure is primarily in the commercial interest of the 
Requester. A Fee Waiver is justified where the public interest standard 
of paragraph (b) of this section is satisfied and that public interest 
is greater in magnitude than that of any identified commercial interest 
in disclosure. The NCPC ordinarily shall presume that a Representative 
of the News Media satisfies the public interest standard, and the 
public interest will be the interest primarily served by disclosure to 
that Requester. Disclosure to data brokers or others who merely compile 
and market government information for direct economic return shall not 
be presumed to primarily serve the public interest.
    (d) Where only some of the Records to be released satisfy the 
requirements for a Fee Waiver, a Fee Waiver shall be granted for those 
Records.
    (e) Requests for a Fee Waiver should address the factors listed in 
paragraphs (b) and (c) of this section, insofar as they apply to each 
Request. The NCPC shall exercise its discretion to consider the cost-
effectiveness of its investment of administrative resources in this 
decision-making process in deciding to grant Fee Waivers.


Sec.  456.16  Preservation of FOIA records.

    (a) The NCPC shall preserve all correspondence pertaining to FOIA 
Requests received and copies or Records provided until disposition or 
destruction is authorized by the NCPC's General Records schedule of the 
National Archives and Records Administration (NARA) or other NARA-
approved Schedule.
    (b) Materials that are responsive to a FOIA Request shall not be 
disposed of or destroyed while the Request or a related lawsuit is 
pending even if the Records would otherwise be authorized for 
disposition under the NCPC's General Records Schedule or NARA or other 
NARA-approved records schedule.

[FR Doc. 2014-04180 Filed 2-26-14; 8:45 am]
BILLING CODE 7520-01-P