[Federal Register Volume 79, Number 80 (Friday, April 25, 2014)]
[Rules and Regulations]
[Pages 22855-22859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07449]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Rules
and Regulations
[[Page 22855]]
DEPARTMENT OF ENERGY
10 CFR Part 1004
RIN 1901-AA32
Revision of Department of Energy's Freedom of Information Act
(FOIA) Regulations
AGENCY: FOIA Program, Office of Information Resources, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) publishes a final rule to amend
the existing regulations that establish procedures by which records may
be requested from all DOE offices pursuant to the Freedom of
Information Act (FOIA). Today's final rule increases the per page rate
for paper copy reproductions. This final rule also makes changes to
bring the regulations into compliance with the 1996, 2007, and 2009
statutory amendments to the FOIA, and to reflect minor changes in the
DOE's internal organizational structure.
DATES: This rule is effective May 27, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Alexander Morris, FOIA Officer,
Department of Energy, Office of Information Resources, Mail Stop MA-90,
Room 1G-051, 1000 Independence Avenue SW., Washington, DC 20585;
[email protected], (202) 586-5955.
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Discussion of Public Comments and Final Rule
III. Regulatory Review
IV. Approval of the Office of the Secretary
I. Introduction
Part 1004 contains the regulations of the DOE that implement FOIA,
5 U.S.C. 552. This Part provides information concerning the procedures
by which the public may request records from DOE offices, and the
policies under which records shall be furnished to members of the
public.
The DOE published a Notice of Proposed Rulemaking (NOPR) and
Opportunity for Comment in the Federal Register on December 9, 2008, at
73 FR 74658. The NOPR proposed to streamline the DOE's procedures for
determining the releasability of information and update the fee
requirements for the reproduction of documents.
The NOPR proposed the removal of the ``extra balancing test''
requirement in section 1004.1 which requires the DOE to reconsider a
determination to legally withhold information in accordance with 5
U.S.C. 552, and to release such information if disclosure would be in
the public interest. The DOE stated that this requirement went beyond
the requirements of the FOIA and imposed unnecessary administrative
requirements on the DOE. This NOPR also proposed to amend section
1004.9(a)(4) to raise the per page rate for paper copy reproductions
and microform to paper copies to the rate of 20 cents per page.
The DOE received 14 public comments on the two proposed amendments.
A discussion of the comments is provided in this final rule.
The NOPR also stated that additional administrative changes that
did not require notice and comment would be promulgated in the final
rule to bring DOE's regulations into compliance with the 1996
amendments to FOIA and to reflect minor alterations in the DOE's
internal organizational structure.
This final rule amends the regulations to add requirements from the
1996, 2007, and 2009 statutory amendments to the FOIA, and to reflect
changes in the DOE's internal organizational structure. This final rule
also amends the regulations to increase the per page rate for paper
copy reproductions to the rate of ten cents per page.
II. Discussion of Public Comments and Final Rule
The DOE received 14 public comments. All commenters opposed the
proposed removal of the ``extra balancing test'' requirement. After
careful consideration of the public comments, the DOE has determined
that keeping this requirement is more aligned with the spirit of
openness and transparency and therefore, decided not to adopt this
proposed change.
Five commenters opposed the proposed per page fee increase to 20
cents for document reproduction. Commenters stated that the proposed
fee increase exceeded charges at commercial establishments, exceeded
the actual cost of reproduction to the DOE, and was at the highest end
of copying fees for comparable cabinet-level agencies. Several
commenters stated that ten cents per page was a common fee among
cabinet-level agencies and commercial photocopying services. One
commenter suggested the rate should not be increased to more than ten
cents per page.
After careful consideration of the public comments, the DOE has
determined to increase the per page rate for paper copy reproductions
to the rate of ten cents per page. In making this determination, the
DOE balanced the interests of the public for a rate that is not
prohibitive with the interests of the agency for a rate that is more
reflective of its estimated reproduction costs. On this basis, rather
than adopting the proposed rate of 20 cents per page, the DOE has
determined to increase the rate to ten cents per page.
With respect to the final rule's ministerial changes, except for
activities at the Office of Naval Reactors at Headquarters, the
National Nuclear Security Administration has consolidated the
management of its FOIA activities at the Albuquerque Complex in New
Mexico. The Pittsburgh Naval Reactors Office and the Schenectady Naval
Reactors Office have been merged to form the Naval Reactors Laboratory
Field Office. The Oak Ridge Office processes requests for records under
the jurisdiction of the Pacific Northwest Site Office. The DOE,
therefore, is deleting the Nevada Site Office, the Pittsburgh Naval
Reactors Office, the Schenectady Naval Reactors Office, and the Pacific
Northwest Site Office, as offices where a Freedom of Information Act
Officer is designated in section 1004.2(h). The Naval Reactors
Laboratory Field Office and the Office of Naval Reactors at
Headquarters are added as offices where a Freedom of Information Act
Officer is designated in section 1004.2(h).
In section 1004.2(p), the DOE has added the Heads of current
Secretarial Offices which were created since the
[[Page 22856]]
last publication of this rule and deleted positions that no longer
exist.
Statutory changes regarding time limits, tolling, expedited
processing, marking released records, restrictions on fees, and FOIA
Exemption 3 (5 U.S.C. 552(b)(3)) have been added to sections 1004.4(a),
1004.5(d), 1004.7(b), 1004.9(a), and 1004.10(b). The 1996 amendments to
the FOIA increase the general time for processing requests from 10 to
20 working days, and require agencies to expedite processing when
requesters demonstrate a compelling need. The 2007 amendments to the
FOIA: Clarify that the 20-day statutory time period for processing FOIA
requests starts on the date the request is received by the appropriate
component, and not later than 10 days after receipt by any component
designated in an agency's regulations to receive requests; provide
criteria for when the 20-day period may be suspended or tolled; require
agencies to indicate the exemption for deletions made in released
records; and preclude agencies from accessing search fees or
duplication fees, except for commercial use requesters, when the FOIA
time limits are not met and no unusual or exceptional circumstances
apply. The 2009 amendment to the FOIA requires that statutes enacted
after the enactment of the OPEN FOIA Act on October 28, 2009, must
specifically cite Exemption 3 of the FOIA to qualify as an Exemption 3
withholding statute.
IV. Regulatory Review
A. Executive Order 12866
Today's rule has been determined not to be a ``significant
regulatory action'' under Executive Order 12866, ``Regulatory Planning
and Review,'' 58 FR 51735 (October 4, 1993). Accordingly, this action
was not subject to review under that Executive Order by the Office of
Information and Regulatory Affairs (OIRA) of the Office of Management
and Budget (OMB).
B. Administrative Procedure Act
In accordance with 5 U.S.C. 553(b)(B), the DOE finds that providing
an opportunity for public comment on changes that incorporate the 1996,
2007, and 2009 statutory amendments to the FOIA prior to publication of
this rule is not necessary and contrary to the public interest because
the DOE is carrying out a ministerial, non-discretionary duty specified
in an Act of Congress. Prior notice and opportunity to comment on these
changes are therefore unnecessary because they are not subject to the
exercise of discretion by the DOE. Today's rule also incorporates
changes that reflect the DOE's current internal organizational
structure. Prior notice and opportunity to comment on these changes are
also unnecessary because they are minor technical changes.
C. National Environmental Policy Act
The DOE has reviewed this final rule under 10 CFR part 1021, DOE's
National Environmental Policy Act Implementing Procedures. The DOE has
determined that the final rule fits within categorical exclusion A.5
listed in Appendix A to 10 CFR part 1021, Subpart D: Rulemaking that
interprets or amends an existing rule or regulation and that does not
change the environmental effect of the rule or regulation being
amended. Accordingly, neither an environmental assessment nor an
environmental impact statement is required.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), the DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process (68 FR 7990). The DOE has made
its procedures and policies available on the Office of the General
Counsel's Web site: http://www.energy.gov/gc/office-general-counsel.
In the NOPR, the DOE certified that this rule would not have a
significant economic impact on a substantial number of small entities
and did not prepare a regulatory flexibility analysis for this
rulemaking. The DOE received no comments on the certification, and has
responded to comments related to the economic impacts of the rule
elsewhere in this preamble; no changes to the certification were made
based on comments received. As a result, the DOE certifies that today's
final rule will not have a significant impact on a substantial number
of small entities. The DOE's certification and supporting statement of
factual basis will be provided to the Chief Counsel for Advocacy of the
Small Business Administration pursuant to 5 U.S.C. 605(b).
E. Paperwork Reduction Act
This rulemaking would impose no new information or recordkeeping
requirements. Accordingly, OMB clearance is not required under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
F. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written assessment of the
effects of any Federal mandate in a proposed or final agency regulation
that may result in the expenditure by States, tribal, or local
governments, in the aggregate, or by the private sector, of $100
million in any one year. The Act also requires Federal agencies to
develop an effective process to permit timely input by elected
officials of State, tribal, or local governments on a proposed
significant intergovernmental mandate, and requires an agency plan for
giving notice and opportunity to provide timely input to potentially
affected small governments before establishing any requirements that
might significantly or uniquely affect small governments. The DOE has
determined that the final rule published today does not contain any
Federal mandates affecting States, tribal, or local governments, or the
private sector, and, thus, no assessment or analysis is required under
the Unfunded Mandates Reform Act of 1995.
G. Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform'' 61 FR 4729 (February 7, 1996), imposes on
Federal agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; (3) provide a clear legal standard
for affected conduct rather than a general standard; (4) and promote
simplification and burden reduction. With regard to the review required
by section 3(a) and section 3(b), Executive Order 12988 specifically
requires that Federal agencies make every reasonable effort to ensure
that the regulation: (1) Clearly specifies the preemptive effect, if
any; (2) clearly specifies any effect on existing Federal law or
regulation; (3) provides a clear legal standard for affected conduct
while promoting simplification and burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately defines key terms; and (6)
addresses other important issues
[[Page 22857]]
affecting clarity and general draftsmanship under guidelines issued by
the Attorney General. Section 3(c) of Executive Order 12988 requires
Executive agencies to review regulations in light of applicable
standards in section 3(a) and section 3(b) to determine whether they
are met or it is unreasonable to meet one or more of them. The DOE has
completed the required review and determined that, to the extent
permitted by law, this rule meets the relevant standards of Executive
Order 12988.
H. Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. Agencies are required to examine the constitutional and
statutory authority supporting any action that would limit the
policymaking discretion of the States and carefully assess the
necessity for such actions. The DOE has examined this final rule and
has determined that it would not preempt State law and would not have
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. No further
action is required by Executive Order 13132.
I. Treasury and General Government Appropriations Act, 1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any proposed rule that may affect family
well-being. This final rule would have no impact on the autonomy or
integrity of the family as an institution. Accordingly, the DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
J. Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy, Supply, Distribution, or Use,'' 66 FR
28355 (May 22, 2001) requires Federal agencies to prepare and submit to
OMB a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy, or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use. Today's regulatory
action would not have a significant adverse effect on the supply,
distribution, or use of energy and is therefore not a significant
energy action. Accordingly, the DOE has not prepared a Statement of
Energy Effects.
K. Treasury and General Government Appropriations Act, 2001
The Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516 note) provides for agencies to review most disseminations
of information to the public under guidelines established by each
agency pursuant to general guidelines issued by the OMB. The OMB's
guidelines were published at 67 FR 8452 (February 22, 2002), and the
DOE's guidelines were published at 67 FR 62446 (October 7, 2002). The
DOE has reviewed today's final rule under the OMB and DOE guidelines,
and has concluded that it is consistent with applicable policies in
those guidelines.
L. Congressional Notification
As required by 5 U.S.C. 801, the DOE will submit to Congress a
report regarding the issuance of today's final rule prior to the
effective date set forth at the outset of this notice. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 801(2).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 1004
Freedom of Information Act.
Issued in Washington, DC, on March 27, 2014.
Ingrid Kolb,
Director, Office of Management.
For the reasons set forth in the preamble, the Department of Energy
amends Part 1004 of Title 10 of the Code of Federal Regulations as set
forth below.
PART 1004--FREEDOM OF INFORMATION ACT (FOIA)
0
1. The authority citation for part 1004 continues to read as follows:
Authority: 5 U.S.C. 552.
0
2. The heading for part 1004 is revised to read as set forth above.
Sec. 1004.1 [Amended]
0
3. Section 1004.1 is amended by:
0
a. Adding ``Freedom of Information (FOIA)'' before ``5 U.S.C. 552'' in
the first sentence.
0
b. Removing, in the first sentence, the period after ``3207-49'' and
adding in its place, ``, by Pub. L. 104-231, 110 Stat. 3048, by Pub. L.
110-175, 121 Stat. 2524, and by Pub. L. 111-83 564, 123 Stat. 2142,
2184.''
Sec. 1004.2 [Amended]
0
4. Section 1004.2 is amended:
0
a. In paragraph (h) by adding ``Act (FOIA)'' after ``Information'' and
before ``Officer
0
b. In Sec. 1004.2(h)(1) by removing ``-KDP-7''.
0
c. In Sec. 1004.2(h)(8) by removing ``Service Center'' and adding, in
its place, ``Albuquerque Complex''.
0
d. By removing paragraph (h)(9) and redesignating (h)(10) as (h)(9).
0
e. By adding paragraph (h)(10).
0
f. By removing paragraphs (h)(13), (h)(14), and (h)(17).
0
g. By redesignating (h)(12) as (h)(13).
0
h. By adding a new paragraph (h)(12).
0
i. By redesignating (h)(15) as (h)(14), (h)(16) as (h)(15), (h)(18) as
(h)(16), (h)(19) as (h)(17), (h)(20) as (h)(18), and (h)(21) as
(h)(19).
0
j. By adding at the end of the sentence in paragraph (j), ``except the
Office of Naval Reactors.''
0
k. In paragraph (p), by removing ``Director, Office of Civilian
Radioactive Waste Management'' and, adding in its place, ``Director,
Advanced Research Projects Agency--Energy'', ``Director, Office of
Indian Energy Policy and Programs'', and ``Director, Loan Programs
Office''.
The additions read as follows:
Sec. 1004.2 Definitions.
* * * * *
(h) * * *
(10) Naval Reactors Laboratory Field Office, P.O. Box 109, West
Mifflin, PA 15122-0109.
* * * * *
(12) Office of Naval Reactors, Headquarters, 1240 Isaac Hull Avenue
SE., Washington Navy Yard, DC 20376-0822.
* * * * *
[[Page 22858]]
Sec. 1004.3 [Amended]
0
5. Section 1004.3 is amended:
0
a. In paragraph (a) by removing ``Freedom of Information'' and adding,
in its place, ``Office of Information Resources''.
0
b. By adding a new sentence before the last sentence to read as set
forth below.
0
c. By removing, in the last sentence, ``the'' before ``DOE
Headquarters.''
The addition reads as follows:
Sec. 1004.3 Public reading facilities and policy on contractor
records.
(a) * * * The DOE Headquarters will maintain an electronic public
reading room that can be accessed at http://energy.gov/management/office-management/operational-management/freedom-information-act/reading-room room * * *
* * * * *
Sec. Sec. 1004.1, 1004.3, 1004.4, 1004.5, 1004.6, 1004.9, and
1004.11 [Amended]
0
6. Sections 1004.1, 1004.3(a), 1004.4(a), 1004.4(c), 1004.5(a),
1004.5(c), 1004.6(b), 1004.6(c), 1004.9(a), 1004.9(b), 1004.11(b),
1004.11(c), and 1004.11(d) are amended by removing ``Freedom of
Information'' wherever it occurs and, adding in its place, ``FOIA''.
0
7. Section 1004.4(a) is revised to read as follows:
Sec. 1004.4 Elements of a request.
(a) Addressed to the FOIA Officer. A request for a record of the
DOE which is not available in a public reading facility, as described
in Sec. 1004.3, shall be: Addressed to the Headquarters or appropriate
field FOIA Officer at the DOE at a location listed in Sec. 1004.2(h)
of this part, and both the envelope and the letter shall be clearly
marked ``Freedom of Information Act Request;'' or submitted
electronically on the Headquarters or appropriate field FOIA Web sites.
Except as provided in Sec. 1004.4(e), a request will be considered to
be received by the DOE for purposes of 5 U.S.C. 552(a)(6) and the 20-
day response period will start upon actual receipt by the appropriate
FOIA Officer, or not later than 10 days after receipt by a designated
FOIA Officer at any location in Sec. 1004.2(h). Requests delivered
after regular business hours of the FOIA Officer are considered
received on the next regular business day.
* * * * *
Sec. 1004.5 [Amended]
0
8. Section 1004.5 is amended:
0
a. In paragraph (b) by adding ``or FOIA Officer'' after ``Authorizing
Official'' in the second sentence.
0
b. In paragraph (c) by adding ``or FOIA Officer'' after ``Authorizing
Official, and by removing ``any other'' and adding ``all'' before
``Authorizing Officials''.
0
c. In paragraphs (d)(1) and (d)(4) by removing ``10'' and adding ``20''
in its place.
0
d. In paragraphs (d)(4) and (d)(5), by adding ``or FOIA Officer'' after
``Authorizing Official'' wherever it appears.
0
e. In paragraph (d)(1) by adding paragraph designation ``(iii)'' after
``except that,''; the redesignated (d)(1)(iii) is further amended by
removing ``if'' and adding in its place ``If'' and by adding ``or FOIA
Officer'' after ``Authorizing Official''.
0
f. Adding paragraphs (d)(1)(i) and (ii), (d)(6) and (d)(7).
The additions read as follows:
Sec. 1004.5 Processing requests for records.
* * * * *
(d) * * *
(1) * * *
(i) One request can be made to the requester for information and
the DOE can toll the 20-day response period while it waits for the
requester's response;
(ii) If necessary to clarify with the requester issues regarding
fee assessment and the DOE can toll the 20-day response period; or
* * * * *
(6) Expedited processing. Generally, the DOE will respond to
requests in the order of receipt. Requests will be processed out of
order and processed as soon as practicable when it is determined, based
upon information supplied by the requester or otherwise known to the
DOE, that a compelling need exists to provide the records in an
expeditious manner. The FOIA states that a compelling need exists when
failure to obtain records expeditiously could reasonably be expected to
pose a threat to the life or physical safety of an individual or, when
a request is submitted by a person primarily engaged in disseminating
information and there is an urgency to inform the public about actual
or alleged Federal Government activity.
(7) A determination to grant or deny a request for expedited
processing will be made by the appropriate FOIA Officer within 10 days
after receipt of the request. The requester will be notified of the
determination and informed that any denial may be appealed within 30
calendar days to the Office of Hearings and Appeals.''
Sec. 1004.6 [Amended]
0
9. Section 1004.6 is amended:
0
a. In paragraph (a) by removing ``and Unclassified Controlled Nuclear
Information''.
0
b. In paragraph (b) by removing ``12356'' and adding ``13526 and Sec.
1045'' after ``Executive Order''.
0
c. In paragraph (c) by removing ``requests for classified records'' and
adding in its place, ``the denial of classified information''.
Sec. 1004.7 [Amended]
0
10. Section 1004.7 is amended:
0
a. In paragraph (a) by removing ``Freedom of Information Act'' and
adding in its place, ``FOIA''.
0
b. In paragraph (b) by adding ``a FOIA Officer'' after ``signed by''.
0
c. In paragraph (b)(1) by removing ``Freedom of Information Act'' and
adding in its place, ``FOIA'', and by adding a new sentence at the end
of the last sentence to read as follows.
Sec. 1004.7 Responses by authorizing officials: Form and content.
* * * * *
(b) * * *
(1) * * * The amount of information deleted and the applicable
exemption will be indicated on the released portion of the record,
unless the indication would harm an interest protected by the
exemption.
* * * * *
Sec. 1004.8 [Amended]
0
11. Section 1004.8 is amended:
0
a. In paragraph (a) by adding ``or Denying Official or FOIA Officer''
after Authorizing'', and by adding ``for expedited processing
consistent with Sec. 1004.5(d)'' after ``denied a request''.
0
b. In paragraph (b) by:
0
1. Adding ``-1615'' after ``DC 20585'';
0
2. Adding ``Act'' after ``Freedom of Information''; and
0
3. Adding a new sentence after ``Freedom of Information Act Appeal.''
0
4. Adding a new sentence at the end of the paragraph.
0
c. In paragraphs (c), (d)(1), (d)(4), and (e) by removing ``appeal
authority'' and adding ``Appeal Authority''.
0
d. In paragraph (f) by adding ``or her'' after `his''.
0
e. By adding a new paragraph (g).
The additions read as follows:
Sec. 1004.8 Appeal of initial denials.
* * * * *
(b) * * * The appeal may be delivered by U.S Mail or commercial
delivery service, by electronic mail to [email protected], or by
facsimile to (202) 287-1415. * * * The appeal also should provide a
telephone
[[Page 22859]]
number, electronic mail address, or other means for communicating with
the requester during business hours.
* * * * *
(g) Appeal of the denial of expedited processing. Any appeal of the
determination to deny a request for expedited processing will be acted
on expeditiously.''
Sec. 1004.9 [Amended]
0
12. Section 1004.9 is amended:
0
a. In paragraph (a) introductory text, by adding at the end of the
fifth sentence: ``, which are determinations by Authorizing Officials
or FOIA Officers.''
0
b. In paragraph (a)(4) by removing ``five'' and adding ``ten'' before
``cents per page''.
0
c. In paragraph (a)(6) by:
0
1. Adding paragraph designation ``(i)'' before ``With the exception
of'';
0
2. Removing ``81/2x11'' and adding, in its place, ``8-1/2x11''; and
0
3. Adding a paragraph (a)(6)(ii).
0
d. In paragraph (a)(7), amend the last sentence by:
0
1. Removing ``him'';
0
2. Removing ``his'' before ``request'' and adding, in its place,
``the''; and
0
3. Adding ``or her'' before ``needs at a lower cost.''
0
e. In paragraph (a)(8) by adding ``appropriate'' before ``FOIA
Officer''.
0
f. In paragraph (b) by removing ``Freedom of Information Officer'' and
adding, in its place, ``FOIA Officers''.
0
g. In paragraph (b)(8)(ii) by adding ``or she'' after ``he'' and, by
removing ``10'' and adding, in its place, ``20'' before ``working days
from receipt of initial requests''.
The addition read as follows:
Sec. 1004.9 Fees for providing records.
(a) * * *
(6) * * *
(ii) When unusual or exceptional circumstances do not apply and
time limits specified in the FOIA are not met, the DOE will not charge
any search fees, or duplication fees for educational and non-commercial
scientific institution requesters and requesters who are
representatives of the news media.
* * * * *
Sec. 1004.10 [Amended]
0
13. Section 1004.10 is amended:
0
a. In paragraph (b)(3)(i) by removing ``, or'' after ``issue'' and
adding, in its place, ``;'',
0
b. In paragraph (b)(3)(ii) by adding ``or'' after ``exemption'', and
0
c. By adding (b)(3)(iii) to read as follows:
Sec. 1004.10 Exemptions.
* * * * *
(b) * * *
(3) * * *
(iii) If enacted after the date of enactment of the OPEN FOIA Act
of 2009, specifically cites to Exemption 3 of the FOIA, 5 U.S.C.
552(b)(3).
* * * * *
Sec. 1004.11 [Amended]
0
14. Section 1004.11(h) is amended by adding in the third sentence,
``excluding paragraph (f)(5)'' after ``paragraph (f) of this section.''
[FR Doc. 2014-07449 Filed 4-24-14; 8:45 am]
BILLING CODE 6450-01-P