Freedom of Information Act Regulations, 67175-67180 [2018-27561]
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Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Proposed Rules
personal information provided. For
additional information on the public
hearing, see the ‘‘Public Participation’’
heading of the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Ms.
Damaris Christensen, Office of Water
(4504–T), Environmental Protection
Agency, 1200 Pennsylvania Avenue
NW, Washington, DC 20460; telephone
number: (202) 566–2428; email address:
WOTUS-outreach@epa.gov; or Ms.
Cindy Barger, Office of the Assistant
Secretary of the Army for Civil Works,
441 G Street NW, Washington, DC
20014; telephone number: (202) 761–
0038.
SUPPLEMENTARY INFORMATION:
I. Background
On December 11, 2018, the agencies
signed a proposed rule defining the
scope of waters federally regulated
under the Clean Water Act, in light of
the U.S. Supreme Court cases in United
States v. Riverside Bayview Homes,
Solid Waste Agency of Northern Cook
County v. United States, and Rapanos v.
United States, and consistent with
Executive Order 13778, signed on
February 28, 2017, entitled ‘‘Restoring
the Rule of Law, Federalism, and
Economic Growth by Reviewing the
‘Waters of the United States’ Rule.’’ The
agencies are holding a public hearing in
Kansas City, Kansas on January 23,
2019, to provide interested parties the
opportunity to present data, views, or
information concerning the proposed
rule. The agencies have submitted the
proposed rule to the Office of the
Federal Register, and it will be
published separately in the Federal
Register. The comment period on the
proposed action will end 60 days after
the notice of proposed rulemaking
publishes in the Federal Register. The
pre-publication version of the proposed
rule can be found at https://
www.epa.gov/wotus-rule/step-two-revise
and will be replaced with the official
version of the notice after it publishes.
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II. Public Participation
A. Participation in Public Hearing
The public is invited to speak during
the public hearing on January 23, 2019.
The agencies will begin pre-registering
speakers for the hearing upon signature
of this document. Those interested in
speaking at the hearing can sign up for
a three-minute speaking slot within an
identified 45-minute timeframe. To
register to speak at the hearing, please
use the online registration form
available at https://www.epa.gov/wotusrule/proposed-revised-definition-wotuspublic-hearing. The last day to pre-
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register to speak at the hearing will be
January 17, 2019. On January 22, 2019,
the agencies will post a general agenda
for the hearing that will list preregistered speakers in approximate
order at: https://www.epa.gov/wotusrule/proposed-revised-definition-wotuspublic-hearing.
The agencies will make every effort to
follow the schedule as closely as
possible on the day of the hearing;
however, please plan for the hearings to
run either ahead of schedule or behind
schedule. Additionally, requests to
speak will be taken the day of the
hearing at the hearing registration desk.
The agencies will make every effort to
accommodate all speakers who arrive
and register, although preferences on
speaking times may not be available.
Each commenter will have three
minutes to provide oral testimony. The
agencies encourage commenters to
provide the agencies with a copy of
their oral testimony electronically (via
email) or in hard copy form.
The agencies may ask clarifying
questions during the oral presentations
but will not respond to the
presentations at that time. Written
statements and supporting information
submitted during the comment period
will be considered with the same weight
as oral comments and supporting
information presented at the public
hearing. Written comments must be
received by the last day of the comment
period, as specified in the notice of
proposed rulemaking. Verbatim
transcripts of the hearing and written
statements will be included in the
docket for the rulemaking.
Please note that any updates made to
any aspect of the hearing will be posted
online at https://www.epa.gov/wotusrule/proposed-revised-definition-wotuspublic-hearing. While the agencies
expect the hearing to go forward as set
forth above, please monitor our website
for any updates. The agencies do not
intend to publish a document in the
Federal Register announcing updates.
The agencies will not provide
audiovisual equipment for
presentations. Any media presentations
should be submitted to the public
docket at https://www.regulations.gov/,
identified by Docket ID No. EPA–HQ–
OW–2018–0149. If you require the
service of a translator or special
accommodations such as audio
description, please pre-register for the
hearing and describe your needs by
January 17, 2019. We may not be able
to arrange accommodations without
advanced notice.
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Dated: December 20, 2018.
John T. Goodin,
Director, Office of Wetlands, Oceans and
Watersheds, Office of Water, Environmental
Protection Agency.
Dated: December 20, 2018.
Ryan A. Fisher,
Principal Deputy Assistant Secretary of the
Army (Civil Works), Department of the Army.
[FR Doc. 2018–28296 Filed 12–27–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 2
[Docket No. DOI–2018–0017]
RIN 1093–AA26
Freedom of Information Act
Regulations
Office of the Secretary, Interior.
Proposed rule.
AGENCY:
ACTION:
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.
SUMMARY:
Comments on the rulemaking
must be submitted on or before January
28, 2019.
ADDRESSES: You may submit comments
on the rulemaking by either of the
methods listed below. Please use Docket
No. DOI–2018–0017 in your message.
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions on the website 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.
DATES:
FOR FURTHER INFORMATION CONTACT:
Cindy Cafaro, Office of Executive
Secretariat and Regulatory Affairs, 202–
208–5342.
SUPPLEMENTARY INFORMATION:
I. Why We Are 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. In early 2016, the
Department updated that final rule,
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primarily to authorize the Office of
Inspector General (OIG) to process its
own FOIA appeals. In late 2016, the
Department updated that final rule
again, primarily in response to the midyear enactment of the FOIA
Improvement Act of 2016. The
Department is fully committed to an
equitable FOIA program that ensures
compliance with the statutory
requirements of transparency,
accountability, and prompt production.
In light of the unprecedented surge in
FOIA requests and litigation (discussed
further below), the Department has
determined the following changes are
necessary to best serve our customers
and comply with the FOIA as
efficiently, equitably, and completely as
possible.
Exponential increases in requests and
litigation have made updates to these
regulations a priority. From Fiscal Year
(FY) 2016 to FY 2018, incoming FOIA
requests to the Department increased 30
percent (from 6,428 to over 8,350). Some
bureaus and offices have been hit
especially hard. The Office of the
Secretary (OS) FOIA Office, for
example, has received a 210 percent
increase from FY 2016. The
Department’s attempts to respond
accurately, completely, and in a timely
manner to every request have been
further hindered by the dramatic
increase in litigation, particularly over
agency non-response to initial FOIA
requests. For example, at the close of FY
2018 the Department had 129 active
FOIA cases in litigation (39 in OS alone)
compared to just 6 cases in litigation in
total at the close of FY 2015 and 30
cases in litigation in total at the end of
FY 2016. The Department processed
over 6,900 requests in FY 2018,
compared to 6,437 in FY 2016. Despite
the increased production, the
Department’s backlog of requests
without at least a partial response has
also increased. The Department’s FOIA
processing therefore must be more
efficient if the Department is to meet its
statutory obligations.
Because of this background, the
structure of the Department’s FOIA
program and FOIA Public Liaison
function is changing. Additionally,
FOIA case law continues to evolve and
the Department of Justice has recently
issued guidance on The Importance of
Quality Requester Services: Roles and
Responsibilities of FOIA Requester
Service Centers and FOIA Public
Liaisons. In light of these factors, the
Department is proposing to make the
following changes to its FOIA
regulations:
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• Section 2.2 would be amended to
reflect the changing structure of the
Department’s FOIA program.
• Section 2.3 would be amended to
streamline the FOIA submission process
in order to help the Department inform
requesters and/or focus on meeting its
statutory obligations.
• Section 2.3, 2.5, 2.19, 2.21, 2.37,
2.49, and 2.66 would be amended to
reflect the changed structure of the
Department’s Public Liaison function
and/or clarify the role of FOIA
Requester Centers.
• Section 2.4 and 2.17 would be
amended to eliminate the obligation to
forward requests to another bureau or
component in order to help the
Department focus on meeting its
statutory obligations. Instead, the
bureau will respond to the request as
appropriate and inform the requester of
the availability of the FOIA Requester
Centers for further assistance.
• Section 2.5, and 2.70 would be
amended to streamline and/or clarify
what the requester may receive and how
they may ask for it in order to help the
Department inform requesters and/or
focus on meeting its statutory
obligations.
• Section 2.6, 2.45, 2.48, 2.49, 2.54,
and 2.70 would be amended to
streamline and/or clarify issues
involving fees in order to help the
Department inform requesters and/or
focus on meeting its statutory
obligations.
• Section 2.12 and 2.13 would be
amended to streamline and/or clarify
the Department’s consultation and
referral process in order to help the
Department inform requesters and focus
on meeting its statutory obligations.
• Section 2.14, 2.15, and 2.20 would
be amended to streamline and/or clarify
the Department’s multitrack processing
provisions in order to help the
Department inform requesters and focus
on meeting its statutory obligations.
Section 2.27 and 2.29 would be
amended to streamline and/or clarify
the Department’s submitter notification
provisions in order to help the
Department inform submitters and
requesters and focus on meeting its
statutory obligations.
• Section 2.16, 2.18, 2.19, 2.28, 2.37,
2.51, 2.57, 2.58, 2.59, and 2.62 would be
amended to replace a single word.
• Section 2.18 and 2.47 would be
amended for technical clarifications.
• Section 2.20, 2.23 and 2.24 would
be amended to adjust the role of the
Department’s Office of the Solicitor in
order to ensure legal input is required
when it is most equitable and effective.
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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.
E.O. 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
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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 E.O. 12630, this
rule does not have significant takings
implications. A takings implication
assessment is not required.
In accordance with E.O. 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 E.O. 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 E.O. 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.
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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.’’
18:10 Dec 27, 2018
This rule is not a significant energy
action under the definition in E.O.
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.
12. Clarity of This Regulation
6. Federalism (E.O. 13132)
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11. Effects on the Energy Supply (E.O.
13211)
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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.
13. 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
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
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.
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Subpart A—Introduction
§ 2.2
[Amended]
2. In § 2.2, remove the words ‘‘Office
of the Solicitor’’ and adding in its place
‘‘Deputy Chief FOIA Officer’’.
■
Subpart B—How To Make a Request
§ 2.3
[Amended]
3. Amend § 2.3 by:
a. Adding in paragraph (b), to the end
of the sentence the words: ‘‘by utilizing
the electronic portals listed on the
Department’s FOIA website, https://
www.doi.gov/foia, or utilizing physical
addresses of the appropriate bureau
FOIA Officer or other appropriate FOIA
contact, located at https://www.doi.gov/
foia/contacts’’
■ b. Removing paragraph (c).
■ c. Redesignating paragraph (d), as
paragraph (c), and removing the words
‘‘FOIA Public Liaison’’ and adding in its
place ‘‘FOIA Requester Center’’.
■
■
§ 2.4
[Amended]
4. Amend § 2.4 by:
a. In paragraph (a), after the words ‘‘a
particular’’ adding the words ‘‘bureau or
a particular’’; after the words ‘‘that
particular’’ adding the words ‘‘bureau or
particular’’. At the end of the paragraph
adding the words ‘‘and will not be
forwarded to another bureau or
component’’.
■ b. Removing paragraphs (e) and (f).
■
■
§ 2.5
[Amended]
5. In § 2.5:
a. In paragraph (a), after the word
‘‘effort’’, add the following phrase ‘‘and
identify the discrete, identifiable agency
activity, operation, or program in which
you are interested’’.
■ b. In paragraph (c), remove the phrase
‘‘FOIA Public Liaison’’ and add in its
place ‘‘FOIA Requester Center’’.
■ c. Revise paragraph (d).
■ d. Add paragraph (e).
The revision and addition read as
follows:
■
■
§ 2.5 How should you describe the records
you seek?
*
Freedom of information.
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*
*
*
*
(d) You must describe the records you
seek sufficiently to enable a professional
employee familiar with the subject to
locate the documents with a reasonable
effort. Extremely broad or vague
requests or requests requiring research
do not satisfy this requirement. The
bureau will not honor a request that
requires an unreasonably burdensome
search or requires the bureau to locate,
review, redact, or arrange for inspection
of a vast quantity of material.
(e) If the bureau determines that your
request does not reasonably describe the
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records sought, the bureau will return
the request to you; notify you that it will
not be able to comply with your request
unless you sufficiently clarify your
request, in writing, within 20 workdays;
notify you that you may appeal its
determination that your request does
not reasonably describe the records
sought; and inform you, when
practicable, 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. If you receive this type of
notification, you may wish to discuss it
with the bureau’s designated FOIA
contact or FOIA Requester Center (see
§ 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
§ 2.6
[Amended]
6. In § 2.6 paragraph (f) add the
wording ‘‘or a different fee category
placement’’ after ‘‘partial fee waiver’’.
■
Subpart C—Processing Requests
§ 2.12
[Amended]
7. Revise § 2.12 paragraph (b) to read
as follows:
*
*
*
*
*
(d) If a bureau receives a request for
records in its possession that primarily
concern another bureau or a Federal
Government agency that is subject to
FOIA, it may undertake consultations
and/or referrals as described in § 2.13.
*
*
*
*
*
■
§ 2.13
■
Subpart D—Timing of Responses to
Requests
[Amended]
8. Revise § 2.13 to read as follows:
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§ 2.13 How do consultations and referrals
work?
(a) When a bureau (other than the
Office of Inspector General) locates
responsive records that primarily
concern another bureau or Federal
Government agency that is subject to
FOIA, the bureau will determine
whether that bureau or agency would be
better able to determine whether the
record is exempt from disclosure.
(b) If the bureau processing the
request believes that another bureau or
agency would be better able to
determine whether the record is exempt
from disclosure, the bureau will contact
that bureau or agency to determine
whether it should refer the record to
that bureau or agency or consult with
that bureau or agency.
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(1) If the bureau processing the
request refers a record to another bureau
or agency, that other bureau or agency
will respond to you directly about that
record. If the bureau processing the
request consults with another bureau or
agency, the bureau processing the
request will respond to you directly.
(2) If the bureau receives a request for
records that another agency has
classified under any applicable
executive order concerning record
classification, it must refer the request
to that agency for response.
(3) Whenever a bureau refers any part
of the responsibility for responding to a
request to another bureau or agency, it
will document the referral; maintain a
copy of the referred record; and notify
you of the referral, including the name
of the bureau or agency to which the
record was referred and that bureau or
agency’s FOIA contact information.
(4) If the disclosure of the identity of
the agency to which the referral would
be made could harm an interest
protected by an applicable exemption,
such as the exemption that protects
ongoing law enforcement investigations,
a referral would be inappropriate and
the bureau will consult with the agency
instead.
(c) When a bureau receives a referral,
the bureau will assign the referral to the
appropriate processing track (see § 2.15
of this part) and process it according to
the date that the consulting or referring
bureau or agency received your request
(see § 2.14 of this part).
(d) Bureaus may establish written
agreements with other bureaus or
agencies to eliminate the need for
consultations or referrals for particular
types of records.
§ 2.14
[Amended]
9. In § 2.14, add the following
sentence at the end ‘‘The bureau may
impose a monthly limit for processing
records in response to your request in
order to treat FOIA requesters equitably
by responding to a greater number of
FOIA requests each month.’’
■
§ 2.15
[Amended]
10. In § 2.15 paragraph (c)(1), (2), (3),
and (4) remove the word ‘‘will’’ adding
in its place the words ‘‘would
generally’’; removing in paragraph (c)(4)
the words ‘‘Exceptional/Voluminous’’
and adding in their place the word
‘‘Extraordinary’’.
■
§ 2.16
■
■
[Amended]
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§ 2.16 What is the basic time frame for
responding to a request?
§ 2.17
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[Removed and Reserved]
12. Section 2.17 is [Removed and
Reserved]’’.
■
§ 2.18
[Amended]
13. In § 2.18:
a. Revise the section heading,
b. In paragraph (a) and (b) remove the
word ‘‘limit’’ adding in its place the
word ‘‘frame’’.
■ c. In In paragraph (b) add the words
‘‘of this part’’ after the words ‘‘in
§ 2.16’’.
The revision reads as follows:
■
■
■
§ 2.18 When can the bureau suspend the
basic time frame?
§ 2.19
[Amended]
14. In § 2.19:
a. Revise the heading to read as set out
below;
■ b In paragraph (a) and (c) remove the
word ‘‘limit’’, adding in its place
‘‘frame’’.
■ c. In paragraph (b)(2), remove the
wording ‘‘its FOIA Public Liaison’’ and
adding in its place the wording ‘‘the
FOIA Public Liaison’’.
The revision reads as follows:
■
■
§ 2.19 When may the bureau extend the
basic time limit?
§ 2.20
[Amended]
15. In § 2.20:
a. In paragraph, (a)(1) and (2), remove
the word ‘‘Where’’ and capitalize
‘‘Failure’’ and ‘‘There’’, respectively.
■ b. In § 2.20(a)(2)(iii), remove the
wording ‘‘; this ordinarily refers to a
breaking news story of general public
interest’’.
■ c. In § 2.20(b)(1), after the word
‘‘how’’, add the wording ‘‘all elements
and subcomponents of’’ and after the
word ‘‘meets’’, add the wording ‘‘each
element of’’.
■ d. In § 2.20(c), add a new second
sentence between ‘‘request.’’ and
‘‘When’’ that reads as follows: ‘‘Bureaus
will consult with the Office of the
Solicitor before granting expedited
processing requests and will include in
its response to you the name and title
of the Office of the Solicitor or Office of
General Counsel attorney consulted.’’
■
■
Subpart E—Responses to Requests
§ 2.21
11. In § 2.16:
a. Revise the section heading
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b. In paragraph (b) remove the word
‘‘limit’’ and add in place the word
‘‘frame’’.
The revision reads as follows:
■
[Amended]
16. In § 2.21 paragraph (a), remove the
wording ‘‘its FOIA Public Liaison’’,
■
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adding in its place ‘‘the FOIA Public
Liaison’’.
§ 2.23
[Amended]
17. In § 2.23 paragraph (c), removing
the word ‘‘record.’’ adding in its place
the wording ‘‘record unless the Office of
the Solicitor has expressly preapproved
such a withholding’’.
■
§ 2.24
[Amended]
18. In § 2.24 paragraph (b)(4),
removing the wording ‘‘unless
including’’ adding in its place the
wording ‘‘unless the bureau notes that it
does not have or could not locate
responsive records or that including’’ in
paragraph (b)(5), removing the word
‘‘record’’, adding in its place the
wording ‘‘record unless the Office of the
Solicitor has expressly preapproved
such a withholding’’.
■
Subpart F—Handling Confidential
Information
§ 2.27
[Amended]
19. In § 2.27 paragraph (a), adding the
wording ‘‘exercise due diligence to’’
following the wording ‘‘must’’.
■
§ 2.28
[Amended]
20. In § 2.28 paragraph (d), removing
the wording ‘‘limit’’ adding in its place
‘‘frame’’.
■
§ 2.29
[Amended]
21. In § 2.29:
a. In paragraph (a), remove the second
‘‘or’’.
■ b. In paragraph (b), add the wording
‘‘or prohibited’’ after the word
‘‘required’’ and change the existing
period to a semicolon and add the word
‘‘or’’ after the semicolon.
■ c. Add a new paragraph (c).
The revision and addition read as
follows:
■
■
§ 2.29 When will the bureau not notify a
submitter of a request for their possibly
confidential information?
*
*
*
*
*
(c) The bureau has excised due
diligence to notify the submitter, but its
efforts were unsuccessful.’’
Subpart G—Fees
§ 2.37
[Amended]
22. In § 2.37 paragraph (f) and (f)(2)(i),
removing the wording ‘‘limit’’ adding in
its place ‘‘frame’’; in paragraph (i),
removing the wording ‘‘FOIA Public
Liaison’’ adding in its place ‘‘FOIA
Requester Center’’.
amozie on DSK3GDR082PROD with PROPOSALS1
■
§ 2.45
[Amended]
23. In § 2.45:
a. In paragraph (a), removing the
wording ‘‘based on all available
■
■
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16:22 Dec 27, 2018
Jkt 247001
information’’ adding in its place the
wording ‘‘considering the information
you have provided and verifying it as
appropriate’’.
■ b. Removing paragraph (f).
§ 2.47
[Amended]
24. In § 2.47 paragraph (d), removing
the number ‘‘30’’ adding in its place the
number ‘‘90’’.
■
§ 2.48
[Amended]
25. In § 2.48:
a. Adding in paragraph (a)(1), the
following as new sentence two ‘‘The
subject of the request must concern
discrete, identifiable agency activities,
operations, or programs with a
connection that is direct and clear, not
remote or attenuated.’’.
■ b. Adding in paragraph (a)(2), after the
word ‘‘contribute’’, the word
‘‘significantly’’.
■ c. In paragraphs (a)(2)(i), after the
word ‘‘informative’’, add the wording
‘‘—the disclosure of information that
already is in the public domain, in
either the same or a substantially
identical form, would not be
meaningfully informative if nothing
new would be added to the public’s
understanding’’.
■ d. In paragraphs (a)(2)(iv), removing
the word ‘‘Your’’ adding in its place the
word ‘‘Your expertise in the subject area
as well as your’’, replace the words
‘‘expertise regarding the requested
information and information that
explains how you’’ with the word
‘‘your’’, and replace the wording ‘‘to
your’’ with the wording ‘‘to furthering
your’’.
■ e. Removing paragraphs (a)(3),
(a)(3)(i), (a)(3)(iii), and (a)(3)(iv) and
redesignate current paragraphs (a)(3)(ii)
as paragraph (a)(2)(vi) and adding the
word ‘‘and’’ after the semicolon.
Redesignate current paragraphs (a)(4) to
paragraphs (a)(2)(vii).
■ f. Adding a new second sentence to
introductory paragraph (b) to read as
follows, ‘‘To determine whether
disclosure of the requested information
is primarily in your commercial interest,
the bureau will consider:’’, and add new
paragraphs (1) and (2) to read as set out
below.
■ g. Redesignate paragraphs (b)(1), (2)
and (3) as (3), (4), and (5).
■ h. Redesignated paragraph (b)(5)(ii),
adding the word ‘‘ordinarily’’ before the
word ‘‘presume’’ and add the following
sentence to the end ‘‘Disclosure to data
brokers or others who merely compile
and market government information for
direct economic return will not be
presumed to primarily serve the public
interest.’’
The revisions and additions read as
follows:
■
■
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Sfmt 4702
67179
§ 2.48 How will the bureau evaluate your
fee waiver request?
*
*
*
*
*
(b) * * *
(1) Whether the requested disclosure
would further any commercial interest
of yours.
(2) If you have a commercial interest,
the bureau must determine whether that
is the primary interest furthered by the
request. A waiver or reduction of fees is
justified when the requirements of
paragraph (a) are satisfied and any
commercial interest is not the primary
interest furthered by the request.
Bureaus ordinarily will presume that,
when a news media requester has
satisfied paragraph (a) above, the
request is not primarily in the
commercial interest of the requester.
*
*
*
*
*
§ 2.49
[Amended]
26. Amend § 2.49 by,
a. Adding a new paragraph (a)(3) and
redesignate paragraph (a)(3) as (4).
■ b. In the newly redesignated (a)(4),
replacing the word ‘‘previously’’ with
‘‘already’’.
■ c. In paragraph (e), replace the
wording ‘‘FOIA Public Liaison’’ with
the wording ‘‘FOIA Requester Center’’.
The additions read as follows:
■
■
§ 2.49 When will you be notified of
anticipated fees?
(a) * * *
*
*
*
*
(3) Your request does not reasonably
describe the records sought and/or does
not resolve all issues regarding the
payment of processing fees; or
*
*
*
*
*
*
§ 2.51
[Amended]
27. In § 2.51 paragraph (b), (b)(1), and
(b)(3), removing the word ‘‘limit’’
adding in its place the word ‘‘frame’’.
■
§ 2.54
[Amended]
28. In § 2.54 paragraph (a), removing
the words ‘‘charge accordingly’’ adding
in its place the words ‘‘charge fees
accordingly’’ and removing the words
‘‘attempting to avoid fees by’’.
■
Subpart H—Administrative Appeals
§ 2.57
[Amended]
29. In § 2.57 paragraph (a)(7) and
paragraph (c), removing the word
‘‘limit’’ adding in its place the word
‘‘frames’’.
■
§ 2.58
[Amended]
30. In § 2.58 paragraph (c), removing
the word ‘‘limit’’ adding in its place
‘‘frame’’.
■
E:\FR\FM\28DEP1.SGM
28DEP1
67180
§ 2.59
Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Proposed Rules
[Amended]
31. In § 2.59 paragraph (f), removing
the word ‘‘limit’’ adding in its place
‘‘frames’’.
■
§ 2.62
[Amended]
32. In § 2.62 paragraphs (a) and (b),
removing the word ‘‘limit’’ adding in its
place ‘‘frame’’.
■
Subpart I—General Information
§ 2.66
■
[Amended]
33. Revise § 2.66 with the following:
§ 2.66 What are FOIA Requester Centers
and the FOIA Public Liaison?
(a) Employees at FOIA Requester
Centers typically serve as your first
point of contact for questions about how
the FOIA works. Even before you make
a request, employees at FOIA Requester
Centers can assist you by: Identifying
information that is already posted and
available; informing you about the types
of records maintained by the bureau;
providing suggestions for formulating
requests; describing the Department’s
various processing tracks and the
average processing times for the various
tracks; and answering questions about
expedited processing standards and the
FOIA’s fee provisions. After you make a
request, questions about its status can
also be answered by employees at the
applicable FOIA Requester Center.
(b) If you need further information or
assistance after contacting the
applicable FOIA Requester Center, the
FOIA Public Liaison reports to the
Department’s Chief FOIA Officer and is
responsible for assisting in reducing
delays, increasing transparency and
understanding of the status of requests,
and resolving disputes between you and
the agency (including notifying you of
your right to seek dispute resolution
services from OGIS).
(c) If you need further information or
assistance after contacting the
applicable FOIA Requester Center and
the FOIA Public Liaison, you may wish
to seek dispute resolution services from
OGIS.
(d) Contact information for the FOIA
Requester Centers and the FOIA Public
Liaison is available at https://
www.doi.gov/foia/foiacenters.
amozie on DSK3GDR082PROD with PROPOSALS1
§ 2.70
[Amended]
34. In § 2.70:
a. In the definition of ‘‘Educational
institution’’, add the following sentence
after the words ‘‘further scholarly
research.’’ ‘‘Teachers (if they
demonstrate how the requested records
will further their teaching, scholarly
research, or production of scholarly
works) and students (if they
demonstrate how the requested records
■
■
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16:22 Dec 27, 2018
Jkt 247001
will further their coursework or other
school-sponsored activities) may also
qualify as an educational institution for
the purposes of this definition.’’
■ b. In the definition of ‘‘Multitrack
processing’’: after ‘‘first-in/first-out
basis’’ add the words ‘‘, but other
factors, such as litigation, may affect the
sequence and/or timing of processing’’.
■ c. In the definition of ‘‘Record’’
remove ‘‘means an agency record’’ and
add in its place ‘‘is any item, collection,
or grouping of information that already
is recorded, is reasonably encompassed
by your request, and’’.
■ d. In the definition of ‘‘Representative
of the news media’’, add the following
new sentence two after the phrase
‘‘work to an audience.’’: ‘‘Distributing
copies of released records, electronically
or otherwise, does not qualify as using
editorial skills to turn the raw materials
into a distinct work.’’
Dated: December 14, 2018.
Daniel Jorjani,
Principal Deputy Solicitor, Exercising the
Authority of the Solicitor.
[FR Doc. 2018–27561 Filed 12–27–18; 8:45 am]
BILLING CODE 4310–10–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 18–315; FCC 18–160]
Earth Stations in Motion To Include
NGSO Satellite Systems
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission proposes
to amend its rules to establish a
regulatory framework for earth stations
in motion (ESIMs) communications
with non-geostationary-satellite orbit
(NGSO), fixed-satellite service (FSS)
satellite systems that would be
analogous to that which currently exists
for ESIMs communicating with
geostationary-satellite orbit (GSO) FSS
systems.
DATES: Comments are due on or before
February 11, 2019. Reply comments are
due on or before March 13, 2019.
ADDRESSES: You may submit comments,
identified by IB Docket No. 18–160, by
any of the following methods:
• Federal Communications
Commission’s Website: https://
apps.fcc.gov/ecfs. Follow the
instructions for submitting comments.
• People with Disabilities: Contact the
FCC to request reasonable
SUMMARY:
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Cindy Spiers, 202–418–1593.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking (NPRM), FCC 18–
160, adopted November 15, 2018, and
released November 16, 2018. The full
text of the NPRM is available at https://
apps.fcc.gov/edocs_public/attachmatch/
FCC-18-160A1.pdf. The NPRM is also
available for inspection and copying
during business hours in the FCC
Reference Information Center, Portals II,
445 12th Street SW, Room CY–A257,
Washington, DC 20554. To request
materials in accessible formats for
people with disabilities, send an email
to FCC504@fcc.gov or call the Consumer
& Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (TTY).
Comment Filing Requirements
Interested parties may file comments
and reply comments on or before the
dates indicated in the DATES section
above. Comments may be filed using the
Commission’s Electronic Comment
Filing System (ECFS).
• Electronic Filers. Comments may be
filed electronically using the internet by
accessing the ECFS, https://apps.fcc.gov/
ecfs.
• Paper Filers. Parties who file by
paper must include an original and four
copies of each filing. Filings may be sent
by hand or messenger delivery, by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail. All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th Street SW, Room TW–A325,
Washington, DC 20554. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail must be
E:\FR\FM\28DEP1.SGM
28DEP1
]]>Agencies
[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Proposed Rules]
[Pages 67175-67180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27561]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 2
[Docket No. DOI-2018-0017]
RIN 1093-AA26
Freedom of Information Act Regulations
AGENCY: Office of the Secretary, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
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
January 28, 2019.
ADDRESSES: You may submit comments on the rulemaking by either of the
methods listed below. Please use Docket No. DOI-2018-0017 in your
message.
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions on the website 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:
I. Why We Are 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. In early 2016, the Department updated that final rule,
[[Page 67176]]
primarily to authorize the Office of Inspector General (OIG) to process
its own FOIA appeals. In late 2016, the Department updated that final
rule again, primarily in response to the mid-year enactment of the FOIA
Improvement Act of 2016. The Department is fully committed to an
equitable FOIA program that ensures compliance with the statutory
requirements of transparency, accountability, and prompt production. In
light of the unprecedented surge in FOIA requests and litigation
(discussed further below), the Department has determined the following
changes are necessary to best serve our customers and comply with the
FOIA as efficiently, equitably, and completely as possible.
Exponential increases in requests and litigation have made updates
to these regulations a priority. From Fiscal Year (FY) 2016 to FY 2018,
incoming FOIA requests to the Department increased 30 percent (from
6,428 to over 8,350). Some bureaus and offices have been hit especially
hard. The Office of the Secretary (OS) FOIA Office, for example, has
received a 210 percent increase from FY 2016. The Department's attempts
to respond accurately, completely, and in a timely manner to every
request have been further hindered by the dramatic increase in
litigation, particularly over agency non-response to initial FOIA
requests. For example, at the close of FY 2018 the Department had 129
active FOIA cases in litigation (39 in OS alone) compared to just 6
cases in litigation in total at the close of FY 2015 and 30 cases in
litigation in total at the end of FY 2016. The Department processed
over 6,900 requests in FY 2018, compared to 6,437 in FY 2016. Despite
the increased production, the Department's backlog of requests without
at least a partial response has also increased. The Department's FOIA
processing therefore must be more efficient if the Department is to
meet its statutory obligations.
Because of this background, the structure of the Department's FOIA
program and FOIA Public Liaison function is changing. Additionally,
FOIA case law continues to evolve and the Department of Justice has
recently issued guidance on The Importance of Quality Requester
Services: Roles and Responsibilities of FOIA Requester Service Centers
and FOIA Public Liaisons. In light of these factors, the Department is
proposing to make the following changes to its FOIA regulations:
Section 2.2 would be amended to reflect the changing
structure of the Department's FOIA program.
Section 2.3 would be amended to streamline the FOIA
submission process in order to help the Department inform requesters
and/or focus on meeting its statutory obligations.
Section 2.3, 2.5, 2.19, 2.21, 2.37, 2.49, and 2.66 would
be amended to reflect the changed structure of the Department's Public
Liaison function and/or clarify the role of FOIA Requester Centers.
Section 2.4 and 2.17 would be amended to eliminate the
obligation to forward requests to another bureau or component in order
to help the Department focus on meeting its statutory obligations.
Instead, the bureau will respond to the request as appropriate and
inform the requester of the availability of the FOIA Requester Centers
for further assistance.
Section 2.5, and 2.70 would be amended to streamline and/
or clarify what the requester may receive and how they may ask for it
in order to help the Department inform requesters and/or focus on
meeting its statutory obligations.
Section 2.6, 2.45, 2.48, 2.49, 2.54, and 2.70 would be
amended to streamline and/or clarify issues involving fees in order to
help the Department inform requesters and/or focus on meeting its
statutory obligations.
Section 2.12 and 2.13 would be amended to streamline and/
or clarify the Department's consultation and referral process in order
to help the Department inform requesters and focus on meeting its
statutory obligations.
Section 2.14, 2.15, and 2.20 would be amended to
streamline and/or clarify the Department's multitrack processing
provisions in order to help the Department inform requesters and focus
on meeting its statutory obligations. Section 2.27 and 2.29 would be
amended to streamline and/or clarify the Department's submitter
notification provisions in order to help the Department inform
submitters and requesters and focus on meeting its statutory
obligations.
Section 2.16, 2.18, 2.19, 2.28, 2.37, 2.51, 2.57, 2.58,
2.59, and 2.62 would be amended to replace a single word.
Section 2.18 and 2.47 would be amended for technical
clarifications.
Section 2.20, 2.23 and 2.24 would be amended to adjust the
role of the Department's Office of the Solicitor in order to ensure
legal input is required when it is most equitable and effective.
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.
E.O. 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
[[Page 67177]]
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 E.O. 12630, this rule does not have significant
takings implications. A takings implication assessment is not required.
6. Federalism (E.O. 13132)
In accordance with E.O. 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 E.O. 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 E.O. 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.
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 E.O. 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.
12. 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.
13. 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.
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
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
Sec. 2.2 [Amended]
0
2. In Sec. 2.2, remove the words ``Office of the Solicitor'' and
adding in its place ``Deputy Chief FOIA Officer''.
Subpart B--How To Make a Request
Sec. 2.3 [Amended]
0
3. Amend Sec. 2.3 by:
0
a. Adding in paragraph (b), to the end of the sentence the words: ``by
utilizing the electronic portals listed on the Department's FOIA
website, https://www.doi.gov/foia, or utilizing physical addresses of
the appropriate bureau FOIA Officer or other appropriate FOIA contact,
located at https://www.doi.gov/foia/contacts''
0
b. Removing paragraph (c).
0
c. Redesignating paragraph (d), as paragraph (c), and removing the
words ``FOIA Public Liaison'' and adding in its place ``FOIA Requester
Center''.
Sec. 2.4 [Amended]
0
4. Amend Sec. 2.4 by:
0
a. In paragraph (a), after the words ``a particular'' adding the words
``bureau or a particular''; after the words ``that particular'' adding
the words ``bureau or particular''. At the end of the paragraph adding
the words ``and will not be forwarded to another bureau or component''.
0
b. Removing paragraphs (e) and (f).
Sec. 2.5 [Amended]
0
5. In Sec. 2.5:
0
a. In paragraph (a), after the word ``effort'', add the following
phrase ``and identify the discrete, identifiable agency activity,
operation, or program in which you are interested''.
0
b. In paragraph (c), remove the phrase ``FOIA Public Liaison'' and add
in its place ``FOIA Requester Center''.
0
c. Revise paragraph (d).
0
d. Add paragraph (e).
The revision and addition read as follows:
Sec. 2.5 How should you describe the records you seek?
* * * * *
(d) You must describe the records you seek sufficiently to enable a
professional employee familiar with the subject to locate the documents
with a reasonable effort. Extremely broad or vague requests or requests
requiring research do not satisfy this requirement. The bureau will not
honor a request that requires an unreasonably burdensome search or
requires the bureau to locate, review, redact, or arrange for
inspection of a vast quantity of material.
(e) If the bureau determines that your request does not reasonably
describe the
[[Page 67178]]
records sought, the bureau will return the request to you; notify you
that it will not be able to comply with your request unless you
sufficiently clarify your request, in writing, within 20 workdays;
notify you that you may appeal its determination that your request does
not reasonably describe the records sought; and inform you, when
practicable, 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. If you
receive this type of notification, you may wish to discuss it with the
bureau's designated FOIA contact or FOIA Requester Center (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
Sec. 2.6 [Amended]
0
6. In Sec. 2.6 paragraph (f) add the wording ``or a different fee
category placement'' after ``partial fee waiver''.
Subpart C--Processing Requests
Sec. 2.12 [Amended]
0
7. Revise Sec. 2.12 paragraph (b) to read as follows:
* * * * *
(d) If a bureau receives a request for records in its possession
that primarily concern another bureau or a Federal Government agency
that is subject to FOIA, it may undertake consultations and/or
referrals as described in Sec. 2.13.
* * * * *
Sec. 2.13 [Amended]
0
8. Revise Sec. 2.13 to read as follows:
Sec. 2.13 How do consultations and referrals work?
(a) When a bureau (other than the Office of Inspector General)
locates responsive records that primarily concern another bureau or
Federal Government agency that is subject to FOIA, the bureau will
determine whether that bureau or agency would be better able to
determine whether the record is exempt from disclosure.
(b) If the bureau processing the request believes that another
bureau or agency would be better able to determine whether the record
is exempt from disclosure, the bureau will contact that bureau or
agency to determine whether it should refer the record to that bureau
or agency or consult with that bureau or agency.
(1) If the bureau processing the request refers a record to another
bureau or agency, that other bureau or agency will respond to you
directly about that record. If the bureau processing the request
consults with another bureau or agency, the bureau processing the
request will respond to you directly.
(2) If the bureau receives a request for records that another
agency has classified under any applicable executive order concerning
record classification, it must refer the request to that agency for
response.
(3) Whenever a bureau refers any part of the responsibility for
responding to a request to another bureau or agency, it will document
the referral; maintain a copy of the referred record; and notify you of
the referral, including the name of the bureau or agency to which the
record was referred and that bureau or agency's FOIA contact
information.
(4) If the disclosure of the identity of the agency to which the
referral would be made could harm an interest protected by an
applicable exemption, such as the exemption that protects ongoing law
enforcement investigations, a referral would be inappropriate and the
bureau will consult with the agency instead.
(c) When a bureau receives a referral, the bureau will assign the
referral to the appropriate processing track (see Sec. 2.15 of this
part) and process it according to the date that the consulting or
referring bureau or agency received your request (see Sec. 2.14 of
this part).
(d) Bureaus may establish written agreements with other bureaus or
agencies to eliminate the need for consultations or referrals for
particular types of records.
Subpart D--Timing of Responses to Requests
Sec. 2.14 [Amended]
0
9. In Sec. 2.14, add the following sentence at the end ``The bureau
may impose a monthly limit for processing records in response to your
request in order to treat FOIA requesters equitably by responding to a
greater number of FOIA requests each month.''
Sec. 2.15 [Amended]
0
10. In Sec. 2.15 paragraph (c)(1), (2), (3), and (4) remove the word
``will'' adding in its place the words ``would generally''; removing in
paragraph (c)(4) the words ``Exceptional/Voluminous'' and adding in
their place the word ``Extraordinary''.
Sec. 2.16 [Amended]
0
11. In Sec. 2.16:
0
a. Revise the section heading
0
b. In paragraph (b) remove the word ``limit'' and add in place the word
``frame''.
The revision reads as follows:
Sec. 2.16 What is the basic time frame for responding to a request?
Sec. 2.17 [Removed and Reserved]
0
12. Section 2.17 is [Removed and Reserved]''.
Sec. 2.18 [Amended]
0
13. In Sec. 2.18:
0
a. Revise the section heading,
0
b. In paragraph (a) and (b) remove the word ``limit'' adding in its
place the word ``frame''.
0
c. In In paragraph (b) add the words ``of this part'' after the words
``in Sec. 2.16''.
The revision reads as follows:
Sec. 2.18 When can the bureau suspend the basic time frame?
Sec. 2.19 [Amended]
0
14. In Sec. 2.19:
0
a. Revise the heading to read as set out below;
0
b In paragraph (a) and (c) remove the word ``limit'', adding in its
place ``frame''.
0
c. In paragraph (b)(2), remove the wording ``its FOIA Public Liaison''
and adding in its place the wording ``the FOIA Public Liaison''.
The revision reads as follows:
Sec. 2.19 When may the bureau extend the basic time limit?
Sec. 2.20 [Amended]
0
15. In Sec. 2.20:
0
a. In paragraph, (a)(1) and (2), remove the word ``Where'' and
capitalize ``Failure'' and ``There'', respectively.
0
b. In Sec. 2.20(a)(2)(iii), remove the wording ``; this ordinarily
refers to a breaking news story of general public interest''.
0
c. In Sec. 2.20(b)(1), after the word ``how'', add the wording ``all
elements and subcomponents of'' and after the word ``meets'', add the
wording ``each element of''.
0
d. In Sec. 2.20(c), add a new second sentence between ``request.'' and
``When'' that reads as follows: ``Bureaus will consult with the Office
of the Solicitor before granting expedited processing requests and will
include in its response to you the name and title of the Office of the
Solicitor or Office of General Counsel attorney consulted.''
Subpart E--Responses to Requests
Sec. 2.21 [Amended]
0
16. In Sec. 2.21 paragraph (a), remove the wording ``its FOIA Public
Liaison'',
[[Page 67179]]
adding in its place ``the FOIA Public Liaison''.
Sec. 2.23 [Amended]
0
17. In Sec. 2.23 paragraph (c), removing the word ``record.'' adding
in its place the wording ``record unless the Office of the Solicitor
has expressly preapproved such a withholding''.
Sec. 2.24 [Amended]
0
18. In Sec. 2.24 paragraph (b)(4), removing the wording ``unless
including'' adding in its place the wording ``unless the bureau notes
that it does not have or could not locate responsive records or that
including'' in paragraph (b)(5), removing the word ``record'', adding
in its place the wording ``record unless the Office of the Solicitor
has expressly preapproved such a withholding''.
Subpart F--Handling Confidential Information
Sec. 2.27 [Amended]
0
19. In Sec. 2.27 paragraph (a), adding the wording ``exercise due
diligence to'' following the wording ``must''.
Sec. 2.28 [Amended]
0
20. In Sec. 2.28 paragraph (d), removing the wording ``limit'' adding
in its place ``frame''.
Sec. 2.29 [Amended]
0
21. In Sec. 2.29:
0
a. In paragraph (a), remove the second ``or''.
0
b. In paragraph (b), add the wording ``or prohibited'' after the word
``required'' and change the existing period to a semicolon and add the
word ``or'' after the semicolon.
0
c. Add a new paragraph (c).
The revision and addition read as follows:
Sec. 2.29 When will the bureau not notify a submitter of a request
for their possibly confidential information?
* * * * *
(c) The bureau has excised due diligence to notify the submitter,
but its efforts were unsuccessful.''
Subpart G--Fees
Sec. 2.37 [Amended]
0
22. In Sec. 2.37 paragraph (f) and (f)(2)(i), removing the wording
``limit'' adding in its place ``frame''; in paragraph (i), removing the
wording ``FOIA Public Liaison'' adding in its place ``FOIA Requester
Center''.
Sec. 2.45 [Amended]
0
23. In Sec. 2.45:
0
a. In paragraph (a), removing the wording ``based on all available
information'' adding in its place the wording ``considering the
information you have provided and verifying it as appropriate''.
0
b. Removing paragraph (f).
Sec. 2.47 [Amended]
0
24. In Sec. 2.47 paragraph (d), removing the number ``30'' adding in
its place the number ``90''.
Sec. 2.48 [Amended]
0
25. In Sec. 2.48:
0
a. Adding in paragraph (a)(1), the following as new sentence two ``The
subject of the request must concern discrete, identifiable agency
activities, operations, or programs with a connection that is direct
and clear, not remote or attenuated.''.
0
b. Adding in paragraph (a)(2), after the word ``contribute'', the word
``significantly''.
0
c. In paragraphs (a)(2)(i), after the word ``informative'', add the
wording ``--the disclosure of information that already is in the public
domain, in either the same or a substantially identical form, would not
be meaningfully informative if nothing new would be added to the
public's understanding''.
0
d. In paragraphs (a)(2)(iv), removing the word ``Your'' adding in its
place the word ``Your expertise in the subject area as well as your'',
replace the words ``expertise regarding the requested information and
information that explains how you'' with the word ``your'', and replace
the wording ``to your'' with the wording ``to furthering your''.
0
e. Removing paragraphs (a)(3), (a)(3)(i), (a)(3)(iii), and (a)(3)(iv)
and redesignate current paragraphs (a)(3)(ii) as paragraph (a)(2)(vi)
and adding the word ``and'' after the semicolon. Redesignate current
paragraphs (a)(4) to paragraphs (a)(2)(vii).
0
f. Adding a new second sentence to introductory paragraph (b) to read
as follows, ``To determine whether disclosure of the requested
information is primarily in your commercial interest, the bureau will
consider:'', and add new paragraphs (1) and (2) to read as set out
below.
0
g. Redesignate paragraphs (b)(1), (2) and (3) as (3), (4), and (5).
0
h. Redesignated paragraph (b)(5)(ii), adding the word ``ordinarily''
before the word ``presume'' and add the following sentence to the end
``Disclosure to data brokers or others who merely compile and market
government information for direct economic return will not be presumed
to primarily serve the public interest.''
The revisions and additions read as follows:
Sec. 2.48 How will the bureau evaluate your fee waiver request?
* * * * *
(b) * * *
(1) Whether the requested disclosure would further any commercial
interest of yours.
(2) If you have a commercial interest, the bureau must determine
whether that is the primary interest furthered by the request. A waiver
or reduction of fees is justified when the requirements of paragraph
(a) are satisfied and any commercial interest is not the primary
interest furthered by the request. Bureaus ordinarily will presume
that, when a news media requester has satisfied paragraph (a) above,
the request is not primarily in the commercial interest of the
requester.
* * * * *
Sec. 2.49 [Amended]
0
26. Amend Sec. 2.49 by,
0
a. Adding a new paragraph (a)(3) and redesignate paragraph (a)(3) as
(4).
0
b. In the newly redesignated (a)(4), replacing the word ``previously''
with ``already''.
0
c. In paragraph (e), replace the wording ``FOIA Public Liaison'' with
the wording ``FOIA Requester Center''.
The additions read as follows:
Sec. 2.49 When will you be notified of anticipated fees?
(a) * * *
* * * * *
(3) Your request does not reasonably describe the records sought
and/or does not resolve all issues regarding the payment of processing
fees; or
* * * * *
Sec. 2.51 [Amended]
0
27. In Sec. 2.51 paragraph (b), (b)(1), and (b)(3), removing the word
``limit'' adding in its place the word ``frame''.
Sec. 2.54 [Amended]
0
28. In Sec. 2.54 paragraph (a), removing the words ``charge
accordingly'' adding in its place the words ``charge fees accordingly''
and removing the words ``attempting to avoid fees by''.
Subpart H--Administrative Appeals
Sec. 2.57 [Amended]
0
29. In Sec. 2.57 paragraph (a)(7) and paragraph (c), removing the word
``limit'' adding in its place the word ``frames''.
Sec. 2.58 [Amended]
0
30. In Sec. 2.58 paragraph (c), removing the word ``limit'' adding in
its place ``frame''.
[[Page 67180]]
Sec. 2.59 [Amended]
0
31. In Sec. 2.59 paragraph (f), removing the word ``limit'' adding in
its place ``frames''.
Sec. 2.62 [Amended]
0
32. In Sec. 2.62 paragraphs (a) and (b), removing the word ``limit''
adding in its place ``frame''.
Subpart I--General Information
Sec. 2.66 [Amended]
0
33. Revise Sec. 2.66 with the following:
Sec. 2.66 What are FOIA Requester Centers and the FOIA Public
Liaison?
(a) Employees at FOIA Requester Centers typically serve as your
first point of contact for questions about how the FOIA works. Even
before you make a request, employees at FOIA Requester Centers can
assist you by: Identifying information that is already posted and
available; informing you about the types of records maintained by the
bureau; providing suggestions for formulating requests; describing the
Department's various processing tracks and the average processing times
for the various tracks; and answering questions about expedited
processing standards and the FOIA's fee provisions. After you make a
request, questions about its status can also be answered by employees
at the applicable FOIA Requester Center.
(b) If you need further information or assistance after contacting
the applicable FOIA Requester Center, the FOIA Public Liaison reports
to the Department's Chief FOIA Officer and is responsible for assisting
in reducing delays, increasing transparency and understanding of the
status of requests, and resolving disputes between you and the agency
(including notifying you of your right to seek dispute resolution
services from OGIS).
(c) If you need further information or assistance after contacting
the applicable FOIA Requester Center and the FOIA Public Liaison, you
may wish to seek dispute resolution services from OGIS.
(d) Contact information for the FOIA Requester Centers and the FOIA
Public Liaison is available at https://www.doi.gov/foia/foiacenters.
Sec. 2.70 [Amended]
0
34. In Sec. 2.70:
0
a. In the definition of ``Educational institution'', add the following
sentence after the words ``further scholarly research.'' ``Teachers (if
they demonstrate how the requested records will further their teaching,
scholarly research, or production of scholarly works) and students (if
they demonstrate how the requested records will further their
coursework or other school-sponsored activities) may also qualify as an
educational institution for the purposes of this definition.''
0
b. In the definition of ``Multitrack processing'': after ``first-in/
first-out basis'' add the words ``, but other factors, such as
litigation, may affect the sequence and/or timing of processing''.
0
c. In the definition of ``Record'' remove ``means an agency record''
and add in its place ``is any item, collection, or grouping of
information that already is recorded, is reasonably encompassed by your
request, and''.
0
d. In the definition of ``Representative of the news media'', add the
following new sentence two after the phrase ``work to an audience.'':
``Distributing copies of released records, electronically or otherwise,
does not qualify as using editorial skills to turn the raw materials
into a distinct work.''
Dated: December 14, 2018.
Daniel Jorjani,
Principal Deputy Solicitor, Exercising the Authority of the Solicitor.
[FR Doc. 2018-27561 Filed 12-27-18; 8:45 am]
BILLING CODE 4310-10-P
