[Federal Register Volume 79, Number 80 (Friday, April 25, 2014)]
[Rules and Regulations]
[Pages 22855-22859]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07449]



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Rules and Regulations
                                                Federal Register
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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; 
Alexander.Morris@hq.doe.gov, (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 OHA.Filings@hq.doe.gov, 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