Freedom of Information Act and Privacy Act Regulations, Nomenclature Change, 70153-70154 [2015-28712]
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Federal Register / Vol. 80, No. 219 / Friday, November 13, 2015 / Rules and Regulations
pedestrian traffic rule or regulation
made applicable to the installation
under the provisions of this subpart, is
subject to punishment as provided for
by the applicable local policies and
procedural requirements that a Center
Director or the Executive Director for
Headquarters Operations has issued
under section 1204.1102 and in
accordance with section 1204.1103.
Nanette Jennings,
NASA Federal Register Liaison Officer.
[FR Doc. 2015–28813 Filed 11–12–15; 8:45 am]
BILLING CODE 7510–13–P
DEPARTMENT OF COMMERCE
15 CFR Part 4
[Docket Number: 150902802–5802–01]
RIN 0605–AA39
Freedom of Information Act and
Privacy Act Regulations, Nomenclature
Change
Department of Commerce
(Commerce).
ACTION: Final rule.
AGENCY:
The Department of Commerce
(Department) amends its regulations
under the Freedom of Information Act
(FOIA) and the Privacy Act (PA) to
reflect an organizational change in the
Department’s Office of General Counsel
(OGC). Specifically, this action removes
from the provisions on FOIA appeals
and the PA all references to the position
of Assistant General Counsel for
Administration, and replaces them with
references to the new ‘‘Assistant General
Counsel for Litigation, Employment,
and Oversight.’’ The Department’s OGC
recently eliminated the position
‘‘Assistant General Counsel for
Administration,’’ and this amendment
updates the rules to implement that
change. The rule also reflects that the
Office of the Assistant General Counsel
for Litigation, Employment, and
Oversight will be conducting FOIA
appeals and responding to requests for
corrective action or review under the PA
for the Department. This action merely
makes a nomenclature change; the
change has no substantive impact to the
public, because the OGC has in the past
and will continue to handle the FOIA
and PA actions described above.
DATES: This action is effective on
November 13, 2015.
ADDRESSES: The final rule is available at
www.regulations.gov, or by contacting
the Department of Commerce: Room
1854, 1401 Constitution Avenue NW.,
Washington, DC 20230.
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
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14:49 Nov 12, 2015
Jkt 238001
70153
FOR FURTHER INFORMATION CONTACT:
Paperwork Reduction Act
Joseph Bartels, 202–482–3084.
This action is merely administrative
in nature, and addresses a matter of
agency organization. It does not contain
a ‘‘collection of information’’ as that
term is defined in the Paperwork
Reduction Act, 44 U.S.C. 3501, et seq.
This rule
modifies the sections of the Department
of Commerce’s FOIA and PA regulations
addressing appeals of denials of
requests under FOIA and requests for
review or corrective action under the PA
by updating the name and address of the
office in the OGC that decides appeals.
The current FOIA regulations state that
the Assistant General Counsel for
Administration (AGC-Admin) decides
all appeals from FOIA requests (except
those made to the Office of the Inspector
General, or to the AGC-Admin). The
regulations also require appellants to
address requests for corrective action or
review for overly delayed responses
under the PA to the AGC-Admin.
The Department of Commerce’s Office
of General Counsel (OGC) has recently
reorganized its offices, and the position
of AGC-Admin no longer exists. In its
place, the Assistant General Counsel for
Litigation, Employment, and Oversight
has been delegated the authority from
the General Counsel to make final
decisions on appeal of initially denied
requests for records under FOIA. See
Department Administrative Order 205–
12, sections 4 and 5.
Accordingly, this rule amends part 4
of title 15 of the Code of Federal
Regulations to remove references to the
now non-existent AGC-Admin, and
replace it with the term ‘‘Assistant
General Counsel for Litigation,
Employment, and Oversight.’’ This
action is merely a nomenclature change,
and does not modify or revise in any
substantive way the Department of
Commerce’s FOIA or PA regulations, or
FOIA or PA requirements.
SUPPLEMENTARY INFORMATION:
Classification
Executive Order 12866
This rule is limited to agency
organization, and therefore is not
considered a ‘‘regulation’’ under
Executive Orders 12866 and 13563.
Accordingly, it is exempt from review
by the Office of Management and
Budget.
Regulatory Flexibility Act
Because this rule addresses a matter
of agency organization, and therefore is
not subject to the notice and comment
requirements of the Administrative
Procedure Act, it is also exempt from
the requirements of the Regulatory
Flexibility Act. Accordingly, a
regulatory flexibility analysis is not
required for this action, and none has
been prepared.
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Frm 00005
Fmt 4700
Sfmt 4700
List of Subjects in 15 CFR Part 4
Freedom of information, Privacy.
Dated: October 28, 2015.
Catrina D. Purvis,
Chief Privacy Officer and Director for Open
Government, Department of Commerce.
For the reasons set forth above, the
Department of Commerce amends 15
CFR part 4 as follows:
PART 4—DISCLOSURE OF
GOVERNMENT INFORMATION
1. The authority citation for this part
continues to read as follows:
■
Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5
U.S.C. 552a; 5 U.S.C. 553; 31 U.S.C. 3717; 44
U.S.C. 3101; Reorganization Plan No. 5 of
1950.
2. Amend § 4.10 by revising
paragraphs (b)(1) and (c) to read as
follows:
■
§ 4.10 Appeals from initial determinations
or untimely delays.
*
*
*
*
*
(b)(1) Appeals, other than appeals
from requests made to the Office of
Inspector General, shall be decided by
the Assistant General Counsel for
Litigation, Employment, and Oversight.
Written appeals should be addressed to
the Assistant General Counsel for
Litigation, Employment, and Oversight,
at U.S. Department of Commerce, Office
of the General Counsel, Room 5875,
14th and Constitution Avenue NW.,
Washington, DC 20230. An appeal may
also be sent via facsimile at 202–482–
2552. For a written appeal, both the
letter and the appeal envelope should be
clearly marked ‘‘Freedom of Information
Act Appeal.’’ Appeals may also be
submitted electronically either by email
to FOIAAppeals@doc.gov or online at
the FOIAonline Web site, https://
foiaonline.regulations.gov, if requesters
have a FOIAonline account. In all cases,
the appeal (written or electronic) should
include a copy of the original request
and initial denial, if any. All appeals
should include a statement of the
reasons why the records requested
should be made available and why the
adverse determination was in error. No
opportunity for personal appearance,
oral argument or hearing on appeal is
provided. Upon receipt of an appeal, the
Assistant General Counsel for Litigation,
Employment, and Oversight ordinarily
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13NOR1
70154
Federal Register / Vol. 80, No. 219 / Friday, November 13, 2015 / Rules and Regulations
shall send an acknowledgement letter to
the requester which shall confirm
receipt of the requester’s appeal.* * *
(c) Upon receipt of an appeal
involving records initially denied on the
basis of FOIA exemption (b)(1), the
records shall be forwarded to the
Deputy Assistant Secretary for Security
(DAS) for a declassification review. The
DAS may overrule previous
classification determinations in whole
or in part if continued protection in the
interest of national security is no longer
required, or no longer required at the
same level. The DAS shall advise the
Assistant General Counsel for Litigation,
Employment, and Oversight, the
General Counsel, the General Counsel to
the Inspector General, or Deputy
Inspector General, as appropriate, of his
or her decision.
*
*
*
*
*
§§ 4.23, 4.25, 4.28, and 4.29 and Appendix B
[Amended]
3. In addition to the amendments
made above, in 15 CFR part 4, remove
the words ‘‘Assistant General Counsel
for Administration’’ and add, in their
place, the words ‘‘Assistant General
Counsel for Litigation, Employment,
and Oversight’’ in the following places:
■ a. Section 4.23(d)(2);
■ b. Section 4.25(a)(2) and (g)(3)(ii);
■ c. Section 4.28(a)(1)(ii) and
(a)(2)(ii)(D);
■ d. Section 4.29(b), (c), (e), (g)(1), (h),
and (i); and
■ e. Appendix B.
■
[FR Doc. 2015–28712 Filed 11–12–15; 8:45 am]
BILLING CODE 3510–BW–P
Effective December 14, 2015.
Kara
Welty, Chief, Debt Management Branch,
Revenue Division, Office of
Administration, Tel. (317) 614–4614.
SUPPLEMENTARY INFORMATION:
DATES:
DEPARTMENT OF HOMELAND
SECURITY
FOR FURTHER INFORMATION CONTACT:
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
Background
19 CFR Parts 101, 113, and 133
Proposed Rule
[CBP Dec. 15–15, USCBP–2006–0013]
RIN 1515–AD56 [formerly 1505–AB54]
Customs and Border Protection’s
Bond Program
U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
jstallworth on DSK7TPTVN1PROD with RULES
AGENCY:
This document adopts as a
final rule, with changes, proposed
amendments to the U.S. Customs and
Border Protection (CBP) regulations that
serve to centralize the processing of
continuous bonds at CBP’s Revenue
SUMMARY:
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14:49 Nov 12, 2015
Jkt 238001
Division within the Office of
Administration. Upon consideration of
comments received from the public in
response to the proposed rulemaking,
and in light of CBP’s ongoing efforts
concerning the development of
electronic bonds, CBP has determined
not to proceed at this time with certain
proposed regulatory changes relating to
the application, approval, and execution
of bonds. CBP has also determined not
to proceed with proposals relating to
provisions that are the subject of other
rulemakings currently under interdepartmental review. In the notice of
proposed rulemaking, CBP used the
terms ‘‘CBP-approved electronic data
interchange system’’ and ‘‘electronic
filing’’ to describe the manner by which
continuous bonds may be submitted to
CBP. In this final rule, these terms are
clarified to reflect that continuous
bonds may be scanned and submitted to
CBP as an email attachment, or by
facsimile. This document also amends
the CBP regulations to allow for the
filing of single transaction bonds
pursuant to these methods. In this
rulemaking, CBP also clarifies the CBP
regulations to reflect that intellectual
property rights sample bonds are posted
to protect the importer or owner of the
sample, and changes provisions of the
international carrier bond regarding the
payment of fees. Lastly, this final rule
adopts non-substantive amendments to
the regulations regarding nomenclature
and organizational changes, including
editorial changes to enhance general
readability, and makes technical
corrections to reflect statutory
amendments.
On January 5, 2010, U.S. Customs and
Border Protection (CBP) published in
the Federal Register (75 FR 266) a
proposal to amend title 19 of the Code
of Federal Regulations (19 CFR)
regarding CBP’s bond program. The
proposed amendments to CBP’s bond
regulations were intended to update and
modernize CBP’s bond program and
centralize the filing, review and
approval of continuous bonds at CBP’s
Revenue Division, Office of
Administration, in Indianapolis,
Indiana, which assumes the bond
functions previously performed at the
port level. In that document, CBP also
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Frm 00006
Fmt 4700
Sfmt 4700
proposed to amend § 113.64, which
prescribes international carrier bond
conditions, to state that an obligor must
pay liquidated damages for failure to
timely submit to CBP passenger
processing fees that were required to be
collected. In addition, CBP proposed to
amend the regulations in part 133 to
reflect that bonds relating to allegations
of counterfeit trademarks are permitted
to be continuous bonds.
Bond Final Rule Separate and Distinct
From eBond Test
Title VI of the North American Free
Trade Agreement Implementation Act,
Public Law 103–182, 107 Stat. 2057
(Dec. 8, 1993), establishes the National
Customs Automation Program (NCAP),
an automated and electronic system for
the processing of commercial
importations. CBP is currently
conducting a voluntary NCAP eBond
test. In a general notice published in the
Federal Register (79 FR 70881) on
November 28, 2014, CBP described the
terms and conditions of the eBond test
which provides for the transmission to
the Automated Commercial
Environment (ACE) of electronic bond
contracts (eBonds) between principals
and sureties, with CBP as the third-party
beneficiary, for the purpose of linking
those eBonds to the transactions they
are intended to secure (eBond system).
The test deployed on January 3, 2015,
and a modification to the test was
published in the Federal Register (80
FR 899) and went into effect on January
7, 2015.
The eBond test is separate and
distinct from this bond final rule. In this
regard, it is noted that the eBond test
pertains to electronic bonds that are not
submitted on the CBP Form 301 and
that are transmitted through an
electronic data interchange to ACE to
secure a limited subset of ACE entry
types. The bond regulations contained
in this final rule, however, pertain to all
entry types and provide for the filing of
both continuous bonds and single
transaction bonds primarily on the CBP
Form 301. As a result of this rule, CBP
Form 301 bonds may be scanned and
emailed to CBP as a computer file
attachment (i.e., in a .pdf or a .tif
format), or submitted by facsimile (fax)
or mail. Bonds emailed or faxed to CBP
on the CBP Form 301 are not submitted
via a ‘‘CBP-approved electronic data
interchange system’’ in that they do not
constitute a computer-to-computer
interchange of strictly formatted
messages. To clarify this fact, this final
rule no longer refers to CBP Form 301
bonds, or the submission of bonds
outside of the eBond test, as
‘‘electronic’’ or submitted or filed
E:\FR\FM\13NOR1.SGM
13NOR1
]]>Agencies
[Federal Register Volume 80, Number 219 (Friday, November 13, 2015)]
[Rules and Regulations]
[Pages 70153-70154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28712]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
15 CFR Part 4
[Docket Number: 150902802-5802-01]
RIN 0605-AA39
Freedom of Information Act and Privacy Act Regulations,
Nomenclature Change
AGENCY: Department of Commerce (Commerce).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce (Department) amends its regulations
under the Freedom of Information Act (FOIA) and the Privacy Act (PA) to
reflect an organizational change in the Department's Office of General
Counsel (OGC). Specifically, this action removes from the provisions on
FOIA appeals and the PA all references to the position of Assistant
General Counsel for Administration, and replaces them with references
to the new ``Assistant General Counsel for Litigation, Employment, and
Oversight.'' The Department's OGC recently eliminated the position
``Assistant General Counsel for Administration,'' and this amendment
updates the rules to implement that change. The rule also reflects that
the Office of the Assistant General Counsel for Litigation, Employment,
and Oversight will be conducting FOIA appeals and responding to
requests for corrective action or review under the PA for the
Department. This action merely makes a nomenclature change; the change
has no substantive impact to the public, because the OGC has in the
past and will continue to handle the FOIA and PA actions described
above.
DATES: This action is effective on November 13, 2015.
ADDRESSES: The final rule is available at www.regulations.gov, or by
contacting the Department of Commerce: Room 1854, 1401 Constitution
Avenue NW., Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Joseph Bartels, 202-482-3084.
SUPPLEMENTARY INFORMATION: This rule modifies the sections of the
Department of Commerce's FOIA and PA regulations addressing appeals of
denials of requests under FOIA and requests for review or corrective
action under the PA by updating the name and address of the office in
the OGC that decides appeals. The current FOIA regulations state that
the Assistant General Counsel for Administration (AGC-Admin) decides
all appeals from FOIA requests (except those made to the Office of the
Inspector General, or to the AGC-Admin). The regulations also require
appellants to address requests for corrective action or review for
overly delayed responses under the PA to the AGC-Admin.
The Department of Commerce's Office of General Counsel (OGC) has
recently reorganized its offices, and the position of AGC-Admin no
longer exists. In its place, the Assistant General Counsel for
Litigation, Employment, and Oversight has been delegated the authority
from the General Counsel to make final decisions on appeal of initially
denied requests for records under FOIA. See Department Administrative
Order 205-12, sections 4 and 5.
Accordingly, this rule amends part 4 of title 15 of the Code of
Federal Regulations to remove references to the now non-existent AGC-
Admin, and replace it with the term ``Assistant General Counsel for
Litigation, Employment, and Oversight.'' This action is merely a
nomenclature change, and does not modify or revise in any substantive
way the Department of Commerce's FOIA or PA regulations, or FOIA or PA
requirements.
Classification
Executive Order 12866
This rule is limited to agency organization, and therefore is not
considered a ``regulation'' under Executive Orders 12866 and 13563.
Accordingly, it is exempt from review by the Office of Management and
Budget.
Regulatory Flexibility Act
Because this rule addresses a matter of agency organization, and
therefore is not subject to the notice and comment requirements of the
Administrative Procedure Act, it is also exempt from the requirements
of the Regulatory Flexibility Act. Accordingly, a regulatory
flexibility analysis is not required for this action, and none has been
prepared.
Paperwork Reduction Act
This action is merely administrative in nature, and addresses a
matter of agency organization. It does not contain a ``collection of
information'' as that term is defined in the Paperwork Reduction Act,
44 U.S.C. 3501, et seq.
List of Subjects in 15 CFR Part 4
Freedom of information, Privacy.
Dated: October 28, 2015.
Catrina D. Purvis,
Chief Privacy Officer and Director for Open Government, Department of
Commerce.
For the reasons set forth above, the Department of Commerce amends
15 CFR part 4 as follows:
PART 4--DISCLOSURE OF GOVERNMENT INFORMATION
0
1. The authority citation for this part continues to read as follows:
Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C.
553; 31 U.S.C. 3717; 44 U.S.C. 3101; Reorganization Plan No. 5 of
1950.
0
2. Amend Sec. 4.10 by revising paragraphs (b)(1) and (c) to read as
follows:
Sec. 4.10 Appeals from initial determinations or untimely delays.
* * * * *
(b)(1) Appeals, other than appeals from requests made to the Office
of Inspector General, shall be decided by the Assistant General Counsel
for Litigation, Employment, and Oversight. Written appeals should be
addressed to the Assistant General Counsel for Litigation, Employment,
and Oversight, at U.S. Department of Commerce, Office of the General
Counsel, Room 5875, 14th and Constitution Avenue NW., Washington, DC
20230. An appeal may also be sent via facsimile at 202-482-2552. For a
written appeal, both the letter and the appeal envelope should be
clearly marked ``Freedom of Information Act Appeal.'' Appeals may also
be submitted electronically either by email to FOIAAppeals@doc.gov or
online at the FOIAonline Web site, https://foiaonline.regulations.gov,
if requesters have a FOIAonline account. In all cases, the appeal
(written or electronic) should include a copy of the original request
and initial denial, if any. All appeals should include a statement of
the reasons why the records requested should be made available and why
the adverse determination was in error. No opportunity for personal
appearance, oral argument or hearing on appeal is provided. Upon
receipt of an appeal, the Assistant General Counsel for Litigation,
Employment, and Oversight ordinarily
[[Page 70154]]
shall send an acknowledgement letter to the requester which shall
confirm receipt of the requester's appeal.* * *
(c) Upon receipt of an appeal involving records initially denied on
the basis of FOIA exemption (b)(1), the records shall be forwarded to
the Deputy Assistant Secretary for Security (DAS) for a
declassification review. The DAS may overrule previous classification
determinations in whole or in part if continued protection in the
interest of national security is no longer required, or no longer
required at the same level. The DAS shall advise the Assistant General
Counsel for Litigation, Employment, and Oversight, the General Counsel,
the General Counsel to the Inspector General, or Deputy Inspector
General, as appropriate, of his or her decision.
* * * * *
Sec. Sec. 4.23, 4.25, 4.28, and 4.29 and Appendix B [Amended]
0
3. In addition to the amendments made above, in 15 CFR part 4, remove
the words ``Assistant General Counsel for Administration'' and add, in
their place, the words ``Assistant General Counsel for Litigation,
Employment, and Oversight'' in the following places:
0
a. Section 4.23(d)(2);
0
b. Section 4.25(a)(2) and (g)(3)(ii);
0
c. Section 4.28(a)(1)(ii) and (a)(2)(ii)(D);
0
d. Section 4.29(b), (c), (e), (g)(1), (h), and (i); and
0
e. Appendix B.
[FR Doc. 2015-28712 Filed 11-12-15; 8:45 am]
BILLING CODE 3510-BW-P
