Freedom of Information Act Regulations, 11124-11131 [2016-04647]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of the Secretary

[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Rules and Regulations]
[Pages 11124-11131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04647]


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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: Final rule.

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SUMMARY: This rule revises 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: This rule is effective on April 4, 2016.

FOR FURTHER INFORMATION CONTACT: Cindy Cafaro, Office of the Executive 
Secretariat and Regulatory Affairs, 202-208-5342.

SUPPLEMENTARY INFORMATION:

I. Why We're Publishing This Rule and What it Does

A. Introduction

    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 is possible to further update, clarify, and 
streamline the language of some procedural provisions. Therefore, the 
Department is making the following changes:
     Section 2.1(e) is amended to identify the regulations 
applicable to Privacy Act requests.
     Section 2.5(d) is amended to provide more guidance on what 
happens when a request does not reasonably describe the records sought.
     Portions of Sec.  2.6 are amended to make explicit that a 
fee waiver request is a valid way of responding to a request for 
additional fee information and that requesters may inform bureaus why 
they believe they are eligible for discretionary fee waivers, and to 
emphasize when fee issues must be resolved before processing will 
begin.
     A sentence is 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) is amended to remove a superfluous 
introductory phrase.
     Section 2.10 is amended to highlight the requirements a 
requester seeking expedited processing must meet and the consequences 
of not meeting those requirements.
     Section 2.11 is amended to reduce the suggested contact 
information provided by requesters.
     Section 2.12(c) is 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 is 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) is 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) is amended to 
clarify when bureaus may extend the basic time limit.
     Portions of Sec.  2.20 are amended to make explicit that 
expedited processing requests are only appropriate before the

[[Page 11125]]

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) is amended to clarify when records 
may be released to requesters.
     Section 2.23(a)(3) is amended to add a clarifying phrase.
     Section 2.24(b) is amended and expanded to require bureaus 
to provide more information to requesters in denial notifications.
     Section 2.25(c) is 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) are amended to provide more 
information on when submitter notification is required.
     One word in Sec.  2.27(b) is replaced to more closely 
track the language of Executive Order No. 12600, (52 FR 23781, 
published June 23, 1987).
     Section 2.28(a) is 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) are amended to clarify the 
information a submitter must provide when objecting to the release of 
responsive information under Exemption 4.
     Section 2.37(g) is added and Sec.  2.49(a)(1) is 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) is added to make the consequences of 
failure to pay bills for FOIA-related fees explicit.
     Section 2.37(i) is 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 is 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 is amended to replace one word for the sake 
of grammatical consistency.
     Section 2.42(d) is amended to further discuss the impact 
of requester preferences for paper and/or electronic formats.
     Section 2.44(b) is 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) is amended to clarify what a requester must demonstrate to be 
entitled to a fee waiver.
     Section 2.46(b) is amended to clarify when fee waiver 
requests may be made.
     Minor grammatical changes are 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) is 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) is amended to allow requesters more 
flexibility in resolving fee issues.
     Portions of Sec.  2.50 are amended to clarify discussion 
of advance payments.
     Section 2.51(b)(1), (b)(2), (b)(3), and (c) are amended to 
ensure consistent phrasing and to include minor, clarifying additions.
     Section 2.57(a)(5) and (a)(6) are amended to include 
minor, clarifying additions.
     Section 2.60 is 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 is streamlined to follow the requirements of 
FOIA more closely.
     Section 2.66 is amended to provide more information on the 
role played by FOIA Public Liaisons.
     Section 2.68 is amended to reflect the new schedule number 
resulting from the National Archives and Records Administration's 
recent update to the General Records Schedule pertaining to FOIA 
records and to add a reference to the Department's Record Schedule 
pertaining to FOIA records.
     A word is added to the definition of ``multitrack 
processing'' in Section 2.70 to ensure it is consistent with Section 
2.14.
     Sections 2.1(d), 2.1(g), 2.3(c), 2.21(a), 2.41(c), 
2.59(a), 2.65, and 2.70 are amended to reflect updated Web site links.
    On September 30, 2015, the Department published a proposed rule in 
the Federal Register (80 FR 58663) and requested comments over a 60-day 
period ending on November 30, 2015. All comments received were 
considered in drafting this final rule.

B. Discussion of Comments

    Four commenters responded to the invitation for comments, including 
one commenter from a subcomponent of a Federal agency and three 
commenters from non-Federal sources. Two of these commenters offered 
some substantive suggestions on specific existing provisions of the 
rule that are not being amended; these suggestions are outside the 
scope of this rulemaking and are not addressed below. While most of the 
commenters generally supported the proposed changes (and one 
``applaud[ed]'' certain existing provisions), they identified twelve 
specific issues or recommendations related to the proposed rule, which 
the Department addressed as follows:
The Final Rule Should Only Allow Requests for Clarification To Be Sent 
by Email or Registered Mail
    One commenter suggested that Sec.  2.5(d) be amended to require 
requests for clarification be sent only via email or registered mail so 
the agency can ``satisfy itself that the request for additional 
material that was sent was actually received.'' The Department has not 
adopted this suggestion as it is satisfied with the current flexibility 
in this area and does not want to create additional expenses and 
inflexibility.
The Final Rule Should Specify Response Deadlines for Responding to 
Requests for More Information on the Records Sought
    One commenter suggested that Sec.  2.5(d) ``should clarify whether 
the requester's 20-workday response deadline runs from the date of the 
Department's notice or from the date that the requester actually 
receives the Department's notice.'' We agree and have modified our 
edits to this section accordingly and have made analogous edits and 
clarifications to Sec. Sec.  2.49(c), 2.51(b)(1), 2.51(b)(2), 
2.51(b)(3), and 2.51(c).
The Final Rule Should Add New Information About How Fee Information 
Affects the Processing of Requests
    One commenter suggested Sec.  2.6(e) include a statement that ``A 
denial of your waiver request and/or the amount you are willing to pay, 
will result in an automatic truncation of the process to comply with 
your FOIA request.'' We do not agree with this statement, as it is not 
always true, and therefore have not adopted this suggestion. Another 
commenter suggested the Department

[[Page 11126]]

revisit Sec.  2.6(e) and provided examples of Department of Justice 
guidance on fee issues from 1983 and 2013. In response to this comment, 
the Department reviewed both the suggested guidance and the Department 
of Justice's FOIA regulations (amended in 2015) and added clarifying 
information to Sec.  2.6(e) consistent with the Department of Justice's 
FOIA regulations.
The Final Rule Should Include Additional Language Related to Expedited 
Processing and Fees
    One commenter suggested adding language to Sec. Sec.  2.10 and 2.20 
explicitly stating that expedited requests do not incur additional 
fees. We understand the point of this suggestion, but feel it would not 
add clarity to the rule, especially as there is nothing in any section 
of the regulations that indicates making such a request would incur 
additional fees.
The Final Rule Should Explicitly Solicit Cellphone Numbers
    One commenter suggested adding a specific reference to cellphone 
numbers to Sec.  2.11. The Department has not adopted this suggestion. 
The existing reference to ``daytime telephone numbers'' that 
encompasses, but does not require, cellphone numbers, is sufficient.
The Final Rule Should Be Fair to the Requester
    One commenter suggested that the last sentence of Sec.  2.12(c) 
``is not fair to the requester'' and suggests it will be used in bad 
faith. The language in question is drawn from the Freedom of 
Information Act itself, and we believe it is fair; therefore this 
language has not been changed.
The Final Rule Should Add a Reference to FOIA Public Liaisons to the 
Section on Basic Time Limits
    One commenter suggested adding information on seeking estimated 
completion dates from FOIA Public Liaisons to Sec.  2.16(a), which 
explains the basic concept of basic time limits for responding to 
requests. This suggestion does not seem to fit in this provision and 
would be confusing. We therefore decline to adopt it. Another commenter 
suggested that the language in Sec.  2.16(a) was imprecise. We have 
carefully considered this suggestion, but believe the existing language 
is clear.
The Final Rule's Requester Fee Category Discussion Should Discuss 
Appeals
    One commenter suggested Sec.  2.38(b) specifically discuss whether 
the decision that the requester belongs in a specific category can be 
appealed. Our proposed modifications to Sec.  2.57(a)(5) already do 
this very thing, so we decline to adopt this change.
The Final Rule Should Clarify What Fees for Other Services Requesters 
Will Not Have To Pay
    Two commenters had suggestions concerning Sec.  2.44(b). One 
commenter suggested noting that ``conducting a search that requires the 
creation of a new computer search program'' does not include extracting 
and compiling the data from an existing database using a query. As the 
rule is explicit that it applies only to locating records, we have not 
adopted this suggestion. Another commenter suggested that this 
provision explicitly exclude fees covered under Sec.  2.42(d). As this 
section applies to requests for records in forms or formats that we 
don't already maintain, we have not adopted this suggestion.
The Final Rule Should Not Be Vague
    One commenter stated Sec.  2.46(b) was ``vague'' and wondered: 
``How can one know when the bureau has not completed processing a 
request? There should be a specific period (no of days), after which it 
is reasonable to expect that the agency is complying with the request, 
and therefore a fee waiver request would be too late. In such a 
situation, if without a fee waiver the requester would opt for the 
request to be stopped, then there would not have been any man-hours 
already expended on fulfilling the request.'' This commenter therefore 
suggested Sec.  2.46(b) should include ``a specific period (no of 
days), after which it is reasonable to expect that the agency is 
complying with the request and therefore a fee waiver request would be 
too late.'' We believe that Sec.  2.46(b) is not vague and provides 
requesters with as much flexibility in providing fee waiver requests as 
possible. We therefore decline to adopt this change, as it would 
negatively affect future requesters.
The Final Rule Should Limit Modifications of Requests Related to 
Advanced Fees
    One commenter suggested appending ``if you deem the adjudged fee to 
be beyond your means'' at the end of Sec.  2.50(c) because someone 
might reach some conclusion ``that once an advance payment requirement 
is determined, then it follows that the requester is presumed unable to 
afford it.'' We decline to adopt this change; we have deliberately 
given requesters the opportunity to modify their request even if they 
could pay the advance payment and we make no presumptions about a 
requester will be able to afford the advance payment.
No Rule Should ``Deny an Individual From Obtaining Personal Information 
About Themselves''
    One commenter's entire comment was: ``There must be no rules 
created that will deny an individual from obtaining personal 
information about themselves.'' No changes have been made to the rule 
based on this general statement.

C. Technical and Procedural Comments

    One commenter noted National Archives and Records Administration's 
recent update to the General Records Schedule pertaining to FOIA 
records resulted in a new schedule number. We have confirmed this and 
Sec.  2.68 has been amended accordingly. Additionally, we have slightly 
amended Sec.  2.25(c) to more closely track the language of the FOIA 
itself. Additionally, the Department made very minor clarifications in 
Sec. Sec.  2.6(d), 2.11, 2.20(g), 2.48(b), and 2.60. In the interests 
of clarity and consistency, the Department also added phrases to the 
introductory text of Sec.  2.6(b), a sentence to Sec.  2.6(d), phrases 
to Sec.  2.10, and phrases to Sec. Sec.  2.48(a)(2)(v) and 2.48(b). 
Also in the interests of clarity and consistency, the Department added 
and deleted phrases from Sec. Sec.  2.26, 2.27(a), and 2.47(d). 
Finally, upon further consideration, the Department has decided against 
amending Sec.  2.50(a) and (b).

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 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

[[Page 11127]]

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.). 
Under the FOIA, agencies may recover only the direct costs of searching 
for, reviewing, and duplicating the records processed for requesters. 
Thus, fees assessed by the Department are nominal. Further, the ``small 
entities'' that make FOIA requests, as compared with individual 
requesters and other requesters, are relatively few in number.

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 (44 U.S.C. 3501 et seq) is not required. We may not 
conduct or sponsor, and you are not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.

10. 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.''

11. 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.

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 amends part 2 of title 43 of the Code of Federal Regulations 
as follows:

PART 2--FREEDOM OF INFORMATION ACT; RECORDS AND TESTIMONY

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a, 553; 31 U.S.C. 3717; 43 
U.S.C. 1460, 1461.

Subpart A--Introduction

0
2. Amend Sec.  2.1:
0
a. In paragraph (d), the second sentence, by removing the Web site 
address ``https://www.doi.gov/foia/guidance.cfm'' and adding in its 
place the Web site address ``https://www.doi.gov/foia/news/guidance'';
0
b. By revising paragraph (e); and
0
c. In paragraph (g), the first sentence, by removing the Web site 
address ``https://www.doi.gov/foia/libraries.cfm'' and adding in its 
place the Web site address ``https://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 ``https://www.doi.gov/foia/index.cfm'' 
and adding in its place the Web site address ``https://www.doi.gov/
foia''; and
0
b. Removing the Web site address ``https://www.doi.gov/foia/contacts.cfm'' and adding in its place the Web site address ``https://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 bureau determines that your request does not reasonably 
describe the records sought, the bureau will inform you what additional 
information you

[[Page 11128]]

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 after the 
bureau has requested it and that you may appeal its 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 the bureau does not receive your written 
response containing the additional information within 20 workdays after 
the bureau has requested it, 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 revising paragraph (b) introductory text and 
paragraphs (b)(3), (d), and (e) to read as follows:


Sec.  2.6  How will fee information affect the processing of your 
request?

* * * * *
    (b) If the bureau anticipates that the fees for processing the 
request will exceed the amount you have agreed to pay, or if you did 
not agree in writing to pay processing fees or request a fee waiver and 
the bureau anticipates the processing costs will exceed $50 (see Sec.  
2.37(g) of this part) or will exceed your entitlements (see Sec.  2.39 
of this part), the bureau will notify you:
* * * * *
    (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 
and 2.48 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. You may also inform 
us of why you believe your request meets one or more of the criteria 
for a discretionary fee waiver under Sec.  2.56 of this part.
    (e) The bureau will begin processing your 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 and includes the certification required at Sec.  2.20(b)(2) 
of this part. Failure to provide sufficient justification or the 
required certification will result in a denial of the expedited 
processing request.

0
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/or 
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

0
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 the following 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.
* * * * *

0
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).
* * * * *

0
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:
* * * * *

0
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.

[[Page 11129]]

    (g) If you appeal the bureau's expedited processing decision, that 
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]  

0
15. In Sec.  2.21(a), the second sentence, remove the Web site address 
``https://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:
0
a. By revising paragraph (c); and
0
b. In paragraph (d), by 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]  

0
17. In Sec.  2.23(a)(3), add the words ``and/or control'' after the 
words ``bureau's possession''.

0
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.

0
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 amount of information 
deleted and the FOIA exemption under which the deletion was made at the 
place in the record where the deletion was made.

Subpart F--Handling Confidential Information

0
20. Revise Sec.  2.26 to read as follows:


Sec.  2.26  May submitters of possibly confidential information 
designate information as confidential 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 the submitter considers 
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 identifying what information obtained from the 
submitter is possibly confidential and triggers the requirement for 
bureau-provided notifications under Sec.  2.27(a)(1) of this subpart.

0
21. Amend Sec.  2.27:
0
a. By revising paragraph (a); and
0
b. In paragraph (b), by 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 
as confidential information under Sec.  2.26(a) of this subpart; or
    (2) The requested information has not been designated as 
confidential information by the submitter under Sec.  2.26(a) of this 
subpart, but the bureau identifies it as possibly confidential 
information.
* * * * *

0
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;
* * * * *

0
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

0
24. In Sec.  2.37, add paragraphs (g), (h), and (i) to read as follows:


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).

0
25. In Sec.  2.38, add the following 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,

[[Page 11130]]

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]  

0
26. In the table at Sec.  2.39(a), remove the word ``non-commercial'' 
and add in its place the word ``noncommercial''.


Sec.  2.41--[Amended]  

0
27. In Sec.  2.41(c), remove the Web site address ``https://www.doi.gov/
foia/fees-waivers.cfm'' and add in its place the Web site address 
``https://www.doi.gov/foia/fees-waivers''.

0
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:
0
a. In paragraph (a), by removing the period at the end of the paragraph 
and adding in its place a semicolon;
0
b. In paragraph (c), by removing the word ``and'' at the end of the 
paragraph;
0
c. In paragraph (d), by removing the words ``to the FOIA Appeals 
Officer, under the procedures in Sec.  2.57 of this part, within 30 
workdays after'' and adding in their place the words ``under subpart H 
of this part and a description of the requirements set forth therein, 
within 30 workdays from'' and removing the period at the end of the 
paragraph and adding in its place the word ``; and''; and
0
d. Adding paragraph (e).
0
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 (a)(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 we have categorized you as a representative of the 
news media under Sec.  2.38, 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) If the bureau does not receive your written response containing 
the additional information that resolves any fee issues, in accordance 
with paragraphs (b)(2) and/or (b)(4) of this section, within 20 
workdays after the bureau has requested it, the bureau will presume 
that you are no longer interested in the records and will close the 
file on the request.
* * * * *

0
35. In Sec.  2.50, revise paragraphs (c) and (d) to read as follows:


Sec.  2.50  When will the bureau require advance payment?

* * * * *
    (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 paragraph (a) of this section.
* * * * *


Sec.  2.51--[Amended]  

0
36. Amend Sec.  2.51:
0
a. In paragraph (b)(1), by adding the words ``after the bureau has 
requested the additional clarification'' after the words ``within 20 
workdays'';
0
b. In paragraph (b)(2), by adding the words ``after the bureau has 
requested the additional clarification'' after the words ``within 20 
workdays'';
0
c. In paragraph (b)(3), by removing the words ``hears from you within 
20 workdays'' and add in their place the words ``receives a written 
response from you within 20 workdays after the bureau has requested the 
additional clarification''; and
0
d. In paragraph (c), by adding the words ``after the bureau has 
requested the additional clarification'' after the words ``within 20 
workdays''.

Subpart H--Administrative Appeals


Sec.  2.57--[Amended]  

0
37. Amend Sec.  2.57:
0
a. In paragraph (a)(5), by adding the words ``or you have been placed 
in the wrong fee category'' after the word ``calculated''; and
0
b. In paragraph (a)(6), by adding the words ``your request for'' after 
the word ``denied''.


Sec.  2.59--[Amended]  

0
38. In Sec.  2.59, in paragraph (a), the first sentence, remove the Web 
site address ``https://www.doi.gov/foia/appeals.cfm'' and add in its 
place the Web site address ``https://www.doi.gov/foia/appeals''.

0
39. Revise Sec.  2.60 to read as follows:

[[Page 11131]]

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 Inspector 
General.
    (b) The General Counsel is the deciding official for FOIA appeals 
that appeal a decision of the Office of 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, in 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 
``https://www.doi.gov/foia/libraries.cfm'' and add in its place the Web 
site address ``https://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.  2.68--[Amended]  

0
44. Amend Sec.  2.68:
0
a. In paragraph (a), by removing the number ``14'' and adding its place 
the number ``4.2'' and adding the phrase ``, such as DAA-0048-2013-
0001'' to the end of the paragraph; and
0
b. In paragraph (b), by removing the number ``14'' and adding its place 
the number ``4.2'' and adding the phrase ``, such as DAA-0048-2013-
0001'' to the end of the paragraph.


Sec.  2.70--[Amended]  

0
45. Amend Sec.  2.70:
0
a. In the definition of Bureau, by removing the Web site address 
``https://www.doi.gov/foia/contacts.cfm'' and adding in its place the 
Web site address https://www.doi.gov/foia/contacts; and
0
b. In the definition of Multitrack processing, the second sentence, by 
adding the word ``ordinarily'' after the word ``are''.

[FR Doc. 2016-04647 Filed 3-2-16; 8:45 am]
BILLING CODE 4310-10-P