[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Proposed Rules]
[Pages 58663-58669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24703]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 2
[13XD4523WS DS10200000 DWSN00000.000000 WBS DP10202]
RIN 1093-AA19
Freedom of Information Act Regulations
AGENCY: Office of the Secretary, Interior.
ACTION: Proposed rule.
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SUMMARY: This rule would revise the regulations that the Department of
the Interior (Department) follows in processing records under the
Freedom of Information Act. The revisions clarify and update procedures
for requesting information from the Department and procedures that the
Department follows in responding to requests from the public.
DATES: Comments on the rulemaking must be submitted on or before
November 30, 2015.
ADDRESSES: You may submit comments on the rulemaking by either of the
methods listed below. Please use Regulation Identifier Number 1093-AA19
in your message.
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions on the Web site for submitting comments.
2. U.S. mail, courier, or hand delivery: Executive Secretariat--
FOIA regulations, Department of the Interior, 1849 C Street NW.,
Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Cindy Cafaro, Office of Executive
Secretariat and Regulatory Affairs, 202-208-5342.
SUPPLEMENTARY INFORMATION:
[[Page 58664]]
I. Why We're Publishing This Rule and What It Does
In late 2012, the Department published a final rule updating and
replacing the Department's previous Freedom of Information Act (FOIA)
regulations. Since that time, in order to maintain the independence of
the Office of Inspector General (OIG), the Department and the OIG have
agreed to authorize the OIG to process their own FOIA appeals.
Additionally, the Department has recently migrated its Web site to a
new framework, leading to updated links. Finally, the Department has
received feedback from its FOIA practitioners and requesters and
identified areas where it would be possible to further update, clarify,
and streamline the language of some procedural provisions. Therefore,
the Department is proposing to make the following changes:
Section 2.1(e) would be amended to identify the
regulations applicable to Privacy Act requests.
Section 2.5(d) would be amended to provide more guidance
on what happens when a request does not reasonably describe the records
sought.
Portions of Sec. 2.6 would be amended to make explicit
that a fee waiver request is a valid way of responding to a request for
additional fee information and to emphasize fee issues must be resolved
before processing will begin.
A sentence would be added to Sec. 2.8(a) to require a
bureau that cannot readily reproduce the requested record in the form
or format requested to explain why it cannot.
Section 2.9(b) would be amended to remove a superfluous
introductory phrase.
Section 2.10 would be amended to highlight the
requirements a requester seeking expedited processing must meet and the
consequences of not meeting those requirements.
Section 2.11 would be amended to reduce the suggested
contact information provided by requesters.
Section 2.12(c) would be amended to emphasize that
reasonable efforts must be made to search for requested records and to
clarify when searching for requested records in electronic form or
format will not occur.
A sentence would be added to Sec. 2.15(e) to require
bureaus to provide more information to requesters when placing them in
a different processing track than requested.
Section 2.16(a) would be amended to clarify and streamline
discussion of when the time period for responding to a request begins
and ends.
The introductory language of Sec. 2.19(a) would be
amended to clarify when bureaus may extend the basic time limit.
Portions of Sec. 2.20 would be amended to make explicit
that expedited processing requests are only appropriate before the
bureau issues its final response; to require bureaus to provide more
information to requesters when denying expedited processing requests;
and to clarify that the portion of an appeal that relates to an
expedited processing denial, rather than the entire appeal, will be
processed ahead of other appeals.
Section 2.22(c) and (d) would be amended to clarify when
records may be released to requesters.
Section 2.23(a)(3) would be amended to add a clarifying
phrase.
Section 2.24(b) would be amended and enlarged to require
bureaus to provide more information to requesters in denial
notifications.
Section 2.25(c) would be amended to clarify what
information must be provided to requesters, and where, when portions of
responsive records have been deleted.
Section 2.26 and Sec. 2.27(a) would be amended to provide
more information on when submitter notification is required.
One word in Sec. 2.27(b) would be replaced to more
closely track the language of Executive Order No. 12600, (52 FR 23781,
published June 23, 1987).
Section 2.28(a) would be amended to clarify that a general
description of the request would suffice for submitter notices
published under Sec. 2.27(b).
Section 2.31(a)(1) and (2) would be amended to clarify the
information a submitter must provide when objecting to the release of
responsive information under Exemption 4.
Section 2.37(g) would be added and Sec. 2.49(a)(1) would
be amended so the concept that requesters generally will not be charged
if the fee for processing their request is less than $50 is introduced
sooner.
Section 2.37(h) would be added to make the consequences of
failure to pay bills for FOIA-related fees explicit.
Section 2.37(i) would be added to notify requesters they
can seek assistance, when considering reformulating their request to
meet their needs at a lower cost, from the bureau's designated FOIA
contact or FOIA Public Liaison.
A sentence would be added to Sec. 2.38(b) to require
bureaus to provide more information to requesters when placing them in
a different fee category than requested.
Section 2.39 would be amended to replace one word for the
sake of grammatical consistency.
Section 2.42(d) would be amended to further discuss the
impact of requester preferences for paper and/or electronic formats.
Section 2.44(b) would be amended to provide different
examples of special services a requester might have to pay for.
The introductory language of Sec. Sec. 2.45(a) and
2.48(a) would be amended to clarify what a requester must demonstrate
to be entitled to a fee waiver.
Section 2.46(b) would be amended to clarify when fee
waiver requests may be made.
Minor grammatical changes would be made to Sec. 2.47(a),
(c), and (d) to allow a new Sec. 2.47(e) to increase clarity and
require bureaus to provide the requester with notice of anticipated
fees when denying a request for a fee waiver.
Section 2.48(a)(2)(v) would be amended to note that
representatives of the news media will be presumed to have the ability
and intent to disseminate the requested information to a reasonably
broad audience of persons interested in the subject.
Section 2.49(c) would be amended to allow requesters more
flexibility in resolving fee issues.
Portions of Sec. 2.50 would be amended to clarify and
streamline discussion of advance payments.
Section 2.51(b)(3) would be amended to ensure consistent
phrasing.
Section 2.57(a)(5) and (6) would be amended to include
minor, clarifying additions.
Section 2.60 would be amended to reflect that the FOIA
Appeals Officer would no longer be the deciding official for FOIA
appeals arising from OIG FOIA responses, and small portions of
Sec. Sec. 2.20(c), 2.24(b)(5), 2.47(d), 2.62, and 2.63 would also be
amended to reflect this change.
Section 2.62 would be streamlined to follow the
requirements of FOIA more closely.
Section 2.66 would be amended to provide more information
on the role played by FOIA Public Liaisons.
A word would be added to the definition of ``multitrack
processing'' in Section 2.70 to ensure it is consistent with Section
2.14.
Section 2.1(d), 2.1(g), 2.3(c), 2.21(a), 2.41(c), 2.59(a),
2.65, and 2.70 would be amended to reflect updated Web site links.
II. Compliance With Laws and Executive Orders
1. Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order (E.O) 12866 provides that the Office of Information
and
[[Page 58665]]
Regulatory Affairs will review all significant rules. The Office of
Information and Regulatory Affairs has determined that this rule is not
significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
2. Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
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. This rule:
a. Does not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
4. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. This rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
5. Takings (E.O. 12630)
In accordance with Executive Order 12630, this rule does not have
significant takings implications. A takings implication assessment is
not required.
6. Federalism (E.O. 13132)
In accordance with Executive Order 13132, this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. It would not substantially and
directly affect the relationship between the Federal and state
governments. A federalism summary impact statement is not required.
7. Civil Justice Reform (E.O. 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Executive Order.
8. Consultation With Indian Tribes (E.O. 13175)
Under the criteria in Executive Order 13175, we have evaluated this
rule and determined that it has no potential effects on federally
recognized Indian tribes. This rule does not have tribal implications
that impose substantial direct compliance costs on Indian Tribal
governments.
9. Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act is not required.
9. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required. Pursuant to Department Manual 516 DM 2.3A(2), Section 1.10 of
516 DM 2, Appendix 1 excludes from documentation in an environmental
assessment or impact statement ``policies, directives, regulations and
guidelines of an administrative, financial, legal, technical or
procedural nature; or the environmental effects of which are too broad,
speculative or conjectural to lend themselves to meaningful analysis
and will be subject late to the NEPA process, either collectively or
case-by-case.''
10. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required. This rule will not have a significant effect on the nation's
energy supply, distribution, or use.
11. Clarity of This Regulation
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that you find unclear, which sections or sentences are
too long, the sections where you feel lists or tables would be useful,
etc.
12. Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
List of Subjects in 43 CFR Part 2
Freedom of information.
Kristen J. Sarri,
Principal Deputy Assistant Secretary for Policy, Management, and
Budget.
For the reasons stated in the preamble, the Department of the
Interior proposes to amend part 2 of title 43 of the Code of Federal
Regulations as follows:
PART 2--FREEDOM OF INFORMATION ACT; RECORDS AND TESTIMONY
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1. The authority citation for part 2 continues to read as follows:
[[Page 58666]]
Authority: 5 U.S.C. 301, 552, 552a, 553; 31 U.S.C. 3717; 43
U.S.C. 1460, 1461.
Subpart A--Introduction
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2. Amend Sec. 2.1 by:
0
a. In paragraph (d), the second sentence, removing the Web site address
``http://www.doi.gov/foia/guidance.cfm'' and adding in its place the
Web site address https://www.doi.gov/foia/news/guidance;
0
b. Revising paragraph (e); and
0
c. In paragraph (g), the first sentence, removing the Web site address
``http://www.doi.gov/foia/libraries.cfm'' and adding in its place the
Web site address ``http://www.doi.gov/foia/libraries''.
The revision reads as follows:
Sec. 2.1 What should you know up front?
* * * * *
(e) The Department's regulations for requests made under the
Privacy Act of 1974, 5 U.S.C. 552a, are located at subpart K of this
part.
* * * * *
Subpart B--How To Make a Request
Sec. 2.3 [Amended]
0
3. Amend Sec. 2.3(c), the second sentence, by:
0
a. Removing the Web site address ``http://www.doi.gov/foia/index.cfm''
and adding in its place the Web site address ``https://www.doi.gov/
foia''; and
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b. Removing the Web site address ``http://www.doi.gov/foia/contacts.cfm'' and adding in its place the Web site address ``http://www.doi.gov/foia/contacts''.
0
4. In Sec. 2.5, revise paragraph (d) to read as follows:
Sec. 2.5 How should you describe the records you seek?
* * * * *
(d) If the request does not reasonably describe the records sought,
the bureau will inform you what additional information you need to
provide in order to reasonably describe the records that you seek so
the requested records can be located with a reasonable amount of
effort. The bureau will also notify you that it will not be able to
comply with your request unless the additional information it has
requested is received from you in writing within 20 workdays and that
you may appeal this determination. If you receive this type of
notification, you may wish to discuss it with the bureau's designated
FOIA contact or its FOIA Public Liaison (see Sec. 2.66 of this part).
If you do not provide the bureau with the additional information as
discussed above, the bureau will presume that you are no longer
interested in the records and will close the file on the request.
0
5. Amend Sec. 2.6 by:
0
a. In paragraph (b) introductory text by adding the words ``or request
a fee waiver'' after the words ``pay processing fees''; and
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b. Revising paragraphs (b)(3), (d), and (e).
The revisions read as follows:
Sec. 2.6 How will fee information affect the processing of your
request?
* * * * *
(b) * * *
(3) That it will not be able to fully comply with your request
unless you provide a fee waiver request and/or the requested written
assurance or advance payment.
* * * * *
(d) If you are seeking a fee waiver, your request must include a
justification that addresses and meets the criteria in Sec. Sec. 2.45,
2.48, and 2.56 of this part. Failure to provide sufficient
justification will result in a denial of the fee waiver request. If you
are seeking a fee waiver, you may also indicate the amount you are
willing to pay if the fee waiver is denied. This allows the bureau to
process the request for records while it considers your fee waiver
request.
(e) The bureau will begin processing the request only after all
issues regarding fees are resolved.
* * * * *
0
6. In Sec. 2.8, add a sentence to the end of paragraph (a) to read as
follows:
Sec. 2.8 Can you ask for records to be disclosed in a particular form
or format?
(a) * * * If the bureau cannot readily reproduce the record in that
form or format, it must explain why it cannot.
* * * * *
0
7. In Sec. 2.9, revise paragraph (b) to read as follows:
Sec. 2.9 What if your request seeks records about another person?
* * * * *
(b) The bureau can require you to supply additional information if
necessary to verify that a particular person has consented to
disclosure or is deceased.
0
8. Revise Sec. 2.10 to read as follows:
Sec. 2.10 May you ask for the processing of your request to be
expedited?
You may ask for the processing of your request to be expedited. If
you are seeking expedited processing, your request must include a
justification that addresses and meets the criteria in Sec. 2.20 of
this part. Failure to provide sufficient justification will result in a
denial of the expedited processing request.
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9. Revise Sec. 2.11 to read as follows:
Sec. 2.11 What contact information should your request include?
A request should include your name and a way (such as a mailing or
email address) for the bureau to send responsive records to you and to
request additional information or clarification of your request. You
may also wish to include a daytime telephone number (or the name and
telephone number of an appropriate contact).
Subpart C--Processing Requests
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10. In Sec. 2.12, revise paragraph (c) to read as follows:
Sec. 2.12 What should you know about how bureaus process requests?
* * * * *
(c) The bureau will make reasonable efforts to search for the
requested records. As part of its reasonable efforts, the bureau will
search paper and/or electronic records (for example, emails), as
appropriate. The bureau will not search for records in an electronic
form or format if these efforts would significantly interfere with the
operation of the bureau's automated information system.
* * * * *
Subpart D--Timing of Responses to Requests
0
11. In Sec. 2.15, add a sentence to the end of paragraph (e) to read
as follows:
Sec. 2.15 What is multitrack processing and how does it affect your
request?
* * * * *
(e) * * * If you request placement in a particular processing track
but the bureau places you in a different processing track, the bureau
will provide you with an explanation of why you were not placed in the
processing track you requested.
* * * * *
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12. In Sec. 2.16, revise paragraph (a) to read as follows:
Sec. 2.16 What is the basic time limit for responding to a request?
(a) Ordinarily, the bureau has 20 workdays (including the date of
receipt) to determine whether to comply with a request, but unusual
circumstances may allow the bureau to take longer than 20 workdays (see
Sec. 2.19 of this subpart).
* * * * *
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13. In Sec. 2.19, revise paragraph (a) introductory text to read as
follows:
Sec. 2.19 When may the bureau extend the basic time limit?
(a) The bureau may extend the basic time limit, if unusual
circumstances exist, by notifying you in writing of:
* * * * *
[[Page 58667]]
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14. In Sec. 2.20, revise paragraphs (c), (f), and (g) to read as
follows:
Sec. 2.20 When will expedited processing be provided and how will it
affect your request?
* * * * *
(c) You may ask for expedited processing of your request by writing
to the appropriate FOIA contact in the bureau that maintains the
records requested any time before the bureau issues its final response
to your request. When making a request for expedited processing of an
administrative appeal, submit the request to the appropriate deciding
official for FOIA appeals.
* * * * *
(f) If expedited processing is denied, the bureau will:
(1) Inform you of the basis for the denial, including an
explanation of why the expedited processing request does not meet the
Department's expedited processing criteria under this section; and
(2) Notify you of the right to appeal the decision on expedited
processing in accordance with the procedures in subpart H of this part.
(g) If you appeal the bureau's expedited processing decision, this
portion of your appeal (if it is properly formatted under Sec. 2.59 of
this part) will be processed before appeals that do not challenge
expedited processing decisions.
* * * * *
Subpart E--Responses to Requests
Sec. 2.21--[Amended]
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15. In Sec. 2.21(a), the second sentence, remove the Web site address
``http://www.doi.gov/foia/news/guidance/index.cfm'' and add in its
place the Web site address ``https://www.doi.gov/foia/news/guidance''.
0
16. Amend Sec. 2.22 by:
0
a. Revising paragraph (c); and
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b. In paragraph (d), adding the words ``released or'' after the words
``the records will be''.
The revision reads as follows:
Sec. 2.22 How will bureaus grant requests?
* * * * *
(c) The bureau will release records (or portions of records) to you
promptly upon payment of any applicable fees (or before then, at its
discretion).
* * * * *
Sec. 2.23--[Amended]
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17. In Sec. 2.23(a)(3), add the words ``and/or control'' after the
words ``bureau's possession''.
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18. In Sec. 2.24, revise paragraph (b) to read as follows:
Sec. 2.24 How will the bureau deny requests?
* * * * *
(b) The denial notification must include:
(1) The name and title or position of the person responsible for
the denial, along with an office phone number or email address;
(2) A statement of the reasons for the denial;
(3) A reference to any FOIA exemption applied by the bureau to
withhold records in full or in part;
(4) An estimate of the volume of any records withheld in full or in
part (for example, by providing the number of pages or some other
reasonable form of estimation), unless an estimate would harm an
interest protected by an exemption used to withhold the records;
(5) The name and title of the Office of the Solicitor or Office of
General Counsel attorney consulted (if the bureau is denying a fee
waiver request or withholding all or part of a requested record); and
(6) A statement that the denial may be appealed under subpart H of
this part and a description of the procedures in subpart H of this
part.
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19. In Sec. 2.25, revise paragraph (c) to read as follows:
Sec. 2.25 What if the requested records contain both exempt and
nonexempt material?
* * * * *
(c) If technically feasible, indicating the FOIA exemption under
which the deletion of information was made, as required by paragraph
(b) of this section, at the place in the record where the deletion was
made.
Subpart F--Handling Confidential Information
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20. Revise Sec. 2.26 to read as follows:
Sec. 2.26 May submitters of possibly confidential information
designate confidential information when making Departmental
submissions?
(a) The Department encourages, but does not require, submitters to
designate confidential information in good faith (in other words, to
identify specific information as information considered protected from
disclosure under Exemption 4 of the FOIA, found at 5 U.S.C. 552(b)(4)),
at the time of submission or reasonably soon thereafter.
(b) The designations discussed in paragraph (a) of this section
assist the bureau in determining whether information obtained from the
submitter is confidential, but are not determinative; these
designations therefore do not preempt the requirement for bureau-
provided notifications under Sec. 2.27 of this subpart.
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21. Amend Sec. 2.27 by:
0
a. Revising paragraph (a); and
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b. In paragraph (b), removing the word ``large'' and adding in its
place the word ``voluminous''.
The revision reads as follows:
Sec. 2.27 When will the bureau notify a submitter of a request for
their possibly confidential information?
(a) Except as outlined in Sec. 2.29 of this subpart, a bureau must
promptly notify a submitter in writing when it receives a FOIA request
if:
(1) The requested information has been designated by the submitter
under Sec. 2.26(a) of this subpart; or
(2) The requested information has not been designated by the
submitter under Sec. 2.26(a) of this subpart, but the requested
information may be protected from disclosure under Exemption 4 of the
FOIA, found at 5 U.S.C. 552(b)(4).
* * * * *
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22. In Sec. 2.28, revise paragraph (a) to read as follows:
Sec. 2.28 What information will the bureau include when it notifies a
submitter of a request for their possibly confidential information?
* * * * *
(a) Either a copy of the request, the exact language of the
request, or (for notices published under Sec. 2.27(b) of this subpart)
a general description of the request;
* * * * *
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23. In Sec. 2.31, revise paragraphs (a)(1) and (2) to read as follows:
Sec. 2.31 What must a submitter include in a detailed Exemption 4
objection statement?
(a) * * *
(1) Whether the submitter provided the information voluntarily and,
if so, how disclosure will impair the Government's ability to obtain
similar information in the future and/or how the information fits into
a category of information that the submitter does not customarily
release to the public;
(2) Whether the Government required the information to be
submitted, and if so, how disclosure will impair the Government's
ability to obtain similar information in the future and/or how
substantial competitive or other business harm would likely result from
disclosure; and
* * * * *
Subpart G--Fees
24. In Sec. 2.37, add paragraphs (g), (h), and (i) to read as
follows:
[[Page 58668]]
Sec. 2.37 What general principles govern fees?
* * * * *
(g) If the fee for processing your request is less than $50, you
will not be charged unless multiple requests are aggregated under Sec.
2.54 of this subpart to an amount that is $50 or more.
(h) If you fail to pay any FOIA-related fee within 30 calendar days
of the date of billing, the processing of any new or ongoing requests
and/or appeals from you shall ordinarily be suspended.
(i) If you would like to reformulate your request so it will meet
your needs at a lower cost, you may wish to seek assistance from the
bureau's designated FOIA contact or its FOIA Public Liaison (see Sec.
2.66 of this part).
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25. In Sec. 2.38, add a sentence to the end of paragraph (b) to read
as follows:
Sec. 2.38 What are the requester fee categories?
* * * * *
(b) * * * If you request placement in a particular fee category but
the bureau places you in a different fee category, the bureau will
provide you with an explanation of why you were not placed in the fee
category you requested (for example, if you were placed in the
commercial use requester category rather than the category you
requested, the bureau will describe how the records would further your
commercial, trade, or profit interests).
* * * * *
Sec. 2.39--[Amended]
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26. In Sec. 2.39, in the table in paragraph (a), remove the word
``non-commercial'' and add in its place the word ``noncommercial.''
Sec. 2.41--[Amended]
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27. In Sec. 2.41(c), remove the Web site address ``http://www.doi.gov/
foia/fees-waivers.cfm'' and add in its place the Web site address
``http://www.doi.gov/foia/fees-waivers''.
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28. In Sec. 2.42, revise paragraph (d) to read as follows:
Sec. 2.42 What duplication fees will you have to pay?
* * * * *
(d) If the bureau must scan paper records to accommodate your
preference to receive records in an electronic format or print
electronic records to accommodate your preference to receive records in
a paper format, you will pay both the per page amount noted in Appendix
A to this part and the time spent by personnel scanning or printing the
requested records. For each quarter hour spent by personnel scanning or
printing the requested records, the fees will be the same as those
charged for a search under Sec. 2.41(b) of this subpart.
0
29. In Sec. 2.44, revise paragraph (b) to read as follows:
Sec. 2.44 What fees for other services will you have to pay?
* * * * *
(b) Examples of these services include providing multiple copies of
the same record, converting records that are not already maintained in
a requested format to the requested format, obtaining research data
under Sec. 2.69 of this part, sending records by means other than
first class mail, and conducting a search that requires the creation of
a new computer search program to locate the requested records.
* * * * *
Sec. 2.45 [Amended]
0
30. In Sec. 2.45, in paragraph (a) introductory text, remove the words
``under the factors'' and add in their place the words ``by addressing
and meeting each of the criteria''.
0
31. In Sec. 2.46, revise paragraph (b) to read as follows:
Sec. 2.46 When may you ask the bureau for a fee waiver?
* * * * *
(b) You may submit a fee waiver request at a later time if the
bureau has not yet completed processing your request.
0
32. Amend Sec. 2.47 by:
0
a. In paragraph (a), removing the period at the end of the paragraph
and adding in its place a semicolon;
0
b. In paragraph (c), removing the word ``and'' at the end of the
paragraph;
0
c. In paragraph (d), removing the period at the end of the paragraph
and adding in its place ``; and''; and
0
d. Adding paragraph (e).
The addition reads as follows:
Sec. 2.47 How will the bureau notify you if it denies your fee waiver
request?
* * * * *
(e) Your anticipated fees, in accordance with Sec. 2.49 of this
subpart.
0
33. Amend Sec. 2.48 by revising paragraph (a) introductory text and
adding a sentence to the end of paragraph (a)(2)(v) to read as follows:
Sec. 2.48 How will the bureau evaluate your fee waiver request?
(a) In deciding whether your fee waiver request meets the
requirements of Sec. 2.45(a)(1) of this subpart, the bureau will
consider the criteria listed in paragraphs (a)(1) through (4) of this
section. You must address and meet each of these criteria in order to
demonstrate that you are entitled to a fee waiver.
* * * * *
(2) * * *
(v)* * * If you are a representative of the news media, we will
presume you have this ability and intent.
* * * * *
0
34. In Sec. 2.49, revise paragraphs (a)(1) and (c) to read as follows:
Sec. 2.49 When will you be notified of anticipated fees?
(a) * * *
(1) The anticipated fee is less than $50 (see Sec. 2.37(g) of this
subpart).
* * * * *
(c) The bureau must receive information from you that resolves any
fee issues, in accordance with paragraphs (b)(2) and/or (4) of this
section, within 20 workdays or the bureau will close the request.
* * * * *
0
35. In Sec. 2.50, revise paragraph (a), paragraph (b) introductory
text, and paragraphs (c) and (d) to read as follows:
Sec. 2.50 When will the bureau require advance payment?
(a) When a bureau determines or estimates that the total fee you
will be charged under this subpart will exceed $250, the bureau may
require you to make an advance payment up to the amount of the entire
anticipated fee before the bureau begins, or continues, to process your
request. If you have a history of prompt payment of FOIA fees, a bureau
may elect to process your request before collecting fees when you
provide it with a satisfactory assurance of full payment.
(b) If the bureau believes that you did not pay a previous FOIA fee
within 30 calendar days of the date of billing, the bureau will require
you to either:
* * * * *
(c) When the bureau notifies you that an advance payment is due
under paragraph (a) of this section, it will give you an opportunity to
reduce the fee by modifying the request.
(d) Your payment of the funds you owe the bureau for work it has
already completed before records are sent to you is not an advance
payment under Sec. 2.50(a) of this subpart.
* * * * *
Sec. 2.51 [Amended]
0
36. In Sec. 2.51(b)(3), remove the words ``hears from you'' and add in
their place the words ``receives a written response from you''.
[[Page 58669]]
Subpart H--Administrative Appeals
Sec. 2.57 [Amended]
0
37. Amend Sec. 2.57 by:
0
a. In paragraph (a)(5), adding the words ``or you have been placed in
the wrong fee category'' after the word ``calculated''; and
0
b. In paragraph (a)(6), adding the words ``your request for'' after the
word ``denied''.
Sec. 2.59 [Amended]
0
38. In Sec. 2.59(a), the first sentence, remove the Web site address
``http://www.doi.gov/foia/appeals.cfm'' and add in its place the Web
site address ``http://www.doi.gov/foia/appeals''.
0
39. Revise Sec. 2.60 to read as follows:
Sec. 2.60 Who makes decisions on appeals?
(a) The FOIA Appeals Officer is the deciding official for FOIA
appeals that do not appeal a decision of the Office of the Inspector
General.
(b) The General Counsel is the deciding official for FOIA appeals
that appeal a decision of the Office of the Inspector General.
(c) When necessary, the appropriate deciding official for FOIA
appeals will consult other appropriate offices, including the Office of
the Solicitor or Office of General Counsel for denials of records and
fee waivers.
(d) The deciding official for FOIA appeals normally will not make a
decision on an appeal if the request becomes a matter of FOIA
litigation.
0
40. Revise Sec. 2.62 to read as follows:
Sec. 2.62 When can you expect a decision on your appeal?
(a) The basic time limit for responding to an appeal is 20 workdays
after receipt of an appeal meeting the requirements of Sec. 2.59 of
this subpart.
(b) If the Department is unable to reach a decision on your appeal
within the given time limit for response, the appropriate deciding
official for FOIA appeals will notify you of your statutory right to
seek review in a United States District Court.
Sec. 2.63 [Amended]
0
41. In Sec. 2.63, paragraphs (b) and (c), remove the words ``FOIA
Appeals Officer'' and add in their place the words ``appropriate
deciding official for FOIA appeals''.
Subpart I--General Information
Sec. 2.65 [Amended]
0
42. In Sec. 2.65, the first sentence, remove the Web site address
``http://www.doi.gov/foia/libraries.cfm'' and add in its place the Web
site address ``http://www.doi.gov/foia/libraries''.
0
43. In Sec. 2.66, revise paragraph (a) to read as follows:
Sec. 2.66 What are public liaisons?
(a) Each bureau has a FOIA Public Liaison who can assist requesters
who have concerns about the service they received when seeking records
or who are seeking assistance under Sec. 2.3(d) or Sec. 2.37(i) of
this part.
* * * * *
Sec. 2.70 [Amended]
0
44. Amend Sec. 2.70 by:
0
a. In the definition of Bureau, removing the Web site address ``http://www.doi.gov/foia/contacts.cfm'' and adding in its place the Web site
address http://www.doi.gov/foia/contacts; and
0
b. In the definition of Multitrack processing, the second sentence,
adding the word ``ordinarily'' after the word ``are''.
[FR Doc. 2015-24703 Filed 9-29-15; 8:45 am]
BILLING CODE 4310-10-P