Department of Justice Freedom of Information Act Regulations, 16775-16777 [2019-08122]

Download as PDF BILLING CODE 4910–9x–C DEPARTMENT OF JUSTICE PART 199—DRUG AND ALCOHOL TESTING 28 CFR Part 16 [Docket No. OAG 155; A.G. Order No. 4442– 2019] 8. The authority citation for part 199 continues to read as follows: ■ RIN 1105–AB51 Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 60118; 49 CFR 1.53. Department of Justice Freedom of Information Act Regulations 9. In § 199.3, revise the definition of ‘‘Prohibited drug’’ to read as follows: AGENCY: § 199.3 SUMMARY: ■ ACTION: Definitions. * * * * * Prohibited drug means any of the substances specified in 49 CFR part 40. * * * * * PART 655—PREVENTION OF ALCOHOL MISUSE AND PROHIBITED DRUG USE IN TRANSIT OPERATIONS Department of Justice. Final rule. The Department of Justice, after consideration of the public comments, adopts without change the interim final rule amending the Department’s regulations under the Freedom of Information Act (FOIA) that was published on January 4, 2017. DATES: This rule is effective April 23, 2019. FOR FURTHER INFORMATION CONTACT: 10. The authority citation for part 655 continues to read as follows: ■ Authority: 49 U.S.C. 5331; 49 CFR 1.91. 11. Amend § 655.21 by revising paragraph (b)(3) to read as follows: ■ § 655.21 Drug testing. * * (b) * * * (3) Opioids; * * * jbell on DSK3GLQ082PROD with RULES * * * * * Issued in Washington, DC, on Tuesday, March 19, 2019. Elaine L. Chao, Secretary of Transportation. Daniel K. Elwell, Acting Administrator, Federal Aviation Administration. [FR Doc. 2019–06986 Filed 4–22–19; 8:45 am] BILLING CODE 4910–9X–P VerDate Sep<11>2014 16:20 Apr 22, 2019 Jkt 247001 Lindsay Roberts, Attorney-Advisor, Office of Information Policy, (202) 514– 3642. SUPPLEMENTARY INFORMATION: The Department issued an interim final rule amending the Department’s regulations under the Freedom of Information Act (FOIA) to incorporate certain changes made to the FOIA, 5 U.S.C. 552, by the FOIA Improvement Act of 2016, Public Law 114–185, 130 Stat. 538 (June 30, 2016). 82 FR 725 (Jan. 4, 2017) Those changes included providing requesters 90 days to submit an administrative appeal and implementing certain notice requirements for FOIA response letters. The rule also updated the requirements pertaining to two FOIA fee categories, ‘‘representative of the news media’’ and ‘‘educational institution,’’ to reflect recent decisions by the Court of Appeals for the District of Columbia Circuit. The rule went into effect on February 3, 2017. The Department received three public comments about the interim final rule. After carefully reviewing and PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 16775 considering all comments, the Department has determined to adopt the provisions of the interim rule in final form without change. The first commenter did not suggest any changes to the rule, but instead generally provided his opinion on the importance of the FOIA and how it should operate. The second comment pertained to duplication fees for student requesters and the services provided by the Office of Government Information Services (OGIS). The commenter noted that it is important for students to be able to obtain documents in a reasonably costeffective manner, which is reflected in the decision rendered by the Court of Appeals for the District of Columbia Circuit in Sack v. DOD, 823 F.3d 687 (D.C. Cir. 2016). The commenter indicated that, despite qualifying for educational institution requester status, students will still be required to pay duplication fees. The commenter stated that duplication fees may become obsolete over time as records are maintained electronically and responses are likewise provided electronically. The commenter encouraged the Department to keep all records electronically to reduce duplication fees. The commenter suggested that the Department consider removing duplication fees, unless the component certifies that the records being produced are in paper format and the component does not possess an electronic copy. The Department considered this comment and declines to remove the provision for charging applicable duplication fees to educational institutions. The FOIA provides that agencies shall promulgate regulations providing for reasonable standard charges for duplication fees, which are the only type of fees assessed to educational institution requesters. See 5 U.S.C. 552(a)(4)(A)(ii)(II). The Department’s regulations contain the E:\FR\FM\23APR1.SGM 23APR1 ER23AP19.025</GPH> Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules and Regulations jbell on DSK3GLQ082PROD with RULES 16776 Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules and Regulations directive that components ‘‘ensure that searches, review, and duplication are conducted in the most efficient and the least expensive manner.’’ 28 CFR 16.10(a). Further, requesters qualifying as educational institutions are provided the first 100 pages of duplication (or the cost equivalent) without charge. § 16.10(d)(4)(i). Moreover, any requester may seek a fee waiver. Components grant fee waivers if the requester has demonstrated that disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. 5 U.S.C. 552(a)(4)(A)(iii); 28 CFR 16.10(k)(1). For all these reasons, the Department believes that no changes are needed to the provisions concerning the assessment of duplication fees for educational institutions. The second commenter also provided his opinion about the helpfulness of advising requesters about the services available from the FOIA Public Liaison and OGIS. In response, the Department notes that the interim rule already directs components to inform requesters of the availability of the FOIA Public Liaison when providing notice of unusual circumstances and in all final responses. The Department also informs requesters of the services provided by OGIS when giving notice of unusual circumstances and in all adverse determinations. See 28 CFR 16.5(c) and 16.6(e)(5). This commenter also suggested that § 16.8(d) be amended to require components to provide an explanation to the requester if a component chooses not to participate in mediation. The Department declines to make this change. Mediation is a voluntary process and the statute does not require agencies to provide an explanation if they choose not to engage in this process. Consistent with the statute, the Department provides multiple opportunities for the requester and agency to communicate about a request. The Department also encourages components to have open communication with requesters throughout the request process and requesters can contact the component’s FOIA Requester Service Center and FOIA Public Liaison any time during the processing of their request. As part of these communications, components may choose to explain why they decided not to participate in mediation in any given case. The third commenter raised concerns about the exclusive use of web portals to accept FOIA requests electronically at VerDate Sep<11>2014 16:20 Apr 22, 2019 Jkt 247001 some components. The commenter noted that different components have different portals, which can be confusing for requesters, and that some components also accept requests via email. The commenter suggested amending § 16.3(a) to require all components to accept requests via email, as well as through a portal or other means, and amending § 16.8(a) to require the Office of Information Policy (OIP) to receive appeals via email, in addition to using an online portal and other means. Currently, components must have the capability to accept requests electronically either through email or a web portal, but they are not required to provide both capabilities. The Department considered this comment but, due to the efficiencies gained by using portals, declines to require components to receive requests and appeals via email in addition to online portals, or other methods. The Department recognizes that it may seem easier for requesters to have the option to use email instead of a web portal. Using web portals, though, actually provides significant efficiencies for both requesters and components when compared to email. For example, when a requester submits a request via a web portal the component can start working on the request immediately upon receipt rather than having to manually enter the information contained in the email into the component’s tracking system. Particularly for components that receive thousands of requests each year, this time savings can be significant and benefits requesters overall. Moreover, web portals also help requesters ensure that they provide all required information when submitting their request or appeal, a capability that is not available when requesters submit via email. Without any built-in structure, an email request might omit essential information and require the component to engage in additional back and forth with the requester before processing can begin. By contrast, a web portal form will guide the requester through the process, helping to ensure that all necessary information is provided from the start. This allows the component to start processing the request more quickly than would occur if it needed additional information from a requester who submitted an incomplete request via email. Again, this benefits all requesters. The Department is committed to making it easy for the public to submit requests and appeals. The Department’s FOIA Reference Guide, available on OIP’s website, provides detailed instructions for making requests, and OIP maintains a single page on its PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 website that lists contact information for all components. Every component has a FOIA Requester Service Center and FOIA Public Liaison who are available to answer questions about submitting requests. OIP works with components through the administrative appeal process and through its general compliance functions to help ensure that components’ procedures are requester-friendly. Components are continually working to streamline the request and appeal submission process to the extent feasible while also striving to use available resources most efficiently to ensure faster processing to benefit all requesters. Finally, the Department has developed a National FOIA Portal that the public can use to make requests that is designed to help standardize the request-making process across the government. The National FOIA Portal also contains a wealth of information to educate requesters on the FOIA and assist them in making requests. The National FOIA Portal contains a customized form for each agency and agency component that both follows a uniform format and provides a link to the authority for any specialized requirements that an agency or component might have for making requests. These features are designed to simplify and standardize the requestmaking process for the public. We expect to continually improve the functionality of the National FOIA Portal over time. Regulatory Certifications Executive Orders 12866 and 13563— Regulatory Review This regulation has been drafted and reviewed in accordance with Executive Order 12866, ‘‘Regulatory Planning and Review,’’ section 1(b), Principles of Regulation, and Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ section 1(b), General Principles of Regulation. The Department of Justice has determined that this rule is not a ‘‘significant regulatory action’’ under Executive Order 12866, section 3(f), and accordingly this rule has not been reviewed by the Office of Management and Budget. Both Executive Orders 12866 and 13563 direct agencies to assess costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). The Department conducted the required assessment for the interim final E:\FR\FM\23APR1.SGM 23APR1 Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules and Regulations rule and this rule finalizes those regulations without change. PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Regulatory Flexibility Act This rule finalizes the amendment of the Department of Justice’s regulations under the FOIA to incorporate certain changes made by the FOIA Improvement Act of 2016, and to reflect developments in the case law and to streamline the description of the factors to be considered when making fee waiver determinations. Because the Department was not required to publish a notice of proposed rulemaking for this rule, a Regulatory Flexibility analysis is not required. 5 U.S.C. 603(b). Accordingly, the interim rule amending 28 CFR part 16, which was published at 82 FR 725 on January 4, 2017, is adopted as a final rule without change. Dated: April 17, 2019. William P. Barr, Attorney General. [FR Doc. 2019–08122 Filed 4–22–19; 8:45 am] BILLING CODE 4410–BE–P DEPARTMENT OF HOMELAND SECURITY Executive Order 13132—Federalism This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, the Department has determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. This regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. This rule is not a major rule as defined by the Congressional Review Act. 5 U.S.C. 804. jbell on DSK3GLQ082PROD with RULES Paperwork Reduction Act This rule imposes no information collection or record keeping requirements. List of Subjects in 28 CFR Part 16 Administrative practice and procedure, Freedom of information, Privacy. VerDate Sep<11>2014 16:20 Apr 22, 2019 Jkt 247001 33 CFR Parts 100, 117, 147, and 165 [USCG–2019–0255] 2019 Quarterly Listings; Safety Zones, Security Zones, Special Local Regulations, Drawbridge Operation Regulations and Regulated Navigation Areas Coast Guard, DHS. Notification of expired temporary rules issued. AGENCY: ACTION: This document provides notification of substantive rules issued by the Coast Guard that were made temporarily effective but expired before they could be published in the Federal Register. This document lists temporary safety zones, security zones, special local regulations, drawbridge operation regulations and regulated navigation areas, all of limited duration and for which timely publication in the Federal Register was not possible. DATES: This document lists temporary Coast Guard rules that became effective, primarily between December 2018 and March 2019, unless otherwise indicated, and were terminated before they could be published in the Federal Register. ADDRESSES: Temporary rules listed in this document may be viewed online, under their respective docket numbers, at https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: For questions on this document contact Deborah Thomas, Office of Regulations and Administrative Law, telephone (202) 372–3864. SUPPLEMENTARY INFORMATION: Coast Guard District Commanders and Captains of the Port (COTP) must be immediately responsive to the safety and security needs within their jurisdiction; therefore, District Commanders and COTPs have been SUMMARY: Executive Order 12988—Civil Justice Reform Congressional Review Act Coast Guard PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 16777 delegated the authority to issue certain local regulations. Safety zones may be established for safety or environmental purposes. A safety zone may be stationary and described by fixed limits or it may be described as a zone around a vessel in motion. Security zones limit access to prevent injury or damage to vessels, ports, or waterfront facilities. Special local regulations are issued to enhance the safety of participants and spectators at regattas and other marine events. Drawbridge operation regulations authorize changes to drawbridge schedules to accommodate bridge repairs, seasonal vessel traffic, and local public events. Regulated Navigation Areas are water areas within a defined boundary for which regulations for vessels navigating within the area have been established by the regional Coast Guard District Commander. Timely publication of these rules in the Federal Register may be precluded when a rule responds to an emergency, or when an event occurs without sufficient advance notice. The affected public is, however, often informed of these rules through Local Notices to Mariners, press releases, and other means. Moreover, actual notification is provided by Coast Guard patrol vessels enforcing the restrictions imposed by the rule. Because Federal Register publication was not possible before the end of the effective period, mariners were personally notified of the contents of these safety zones, security zones, special local regulations, regulated navigation areas or drawbridge operation regulations by Coast Guard officials on-scene prior to any enforcement action. However, the Coast Guard, by law, must publish in the Federal Register notice of substantive rules adopted. To meet this obligation without imposing undue expense on the public, the Coast Guard periodically publishes a list of these temporary safety zones, security zones, special local regulations, regulated navigation areas and drawbridge operation regulations. Permanent rules are not included in this list because they are published in their entirety in the Federal Register. Temporary rules are also published in their entirety if sufficient time is available to do so before they are placed in effect or terminated. The following unpublished rules were placed in effect temporarily during the period between December 2018 and March 2019 unless otherwise indicated. To view copies of these rules, visit www.regulations.gov and search by the docket number indicated in the following table. E:\FR\FM\23APR1.SGM 23APR1

Agencies

[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Rules and Regulations]
[Pages 16775-16777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08122]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[Docket No. OAG 155; A.G. Order No. 4442-2019]
RIN 1105-AB51


Department of Justice Freedom of Information Act Regulations

AGENCY: Department of Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Justice, after consideration of the public 
comments, adopts without change the interim final rule amending the 
Department's regulations under the Freedom of Information Act (FOIA) 
that was published on January 4, 2017.

DATES: This rule is effective April 23, 2019.

FOR FURTHER INFORMATION CONTACT: Lindsay Roberts, Attorney-Advisor, 
Office of Information Policy, (202) 514-3642.

SUPPLEMENTARY INFORMATION: The Department issued an interim final rule 
amending the Department's regulations under the Freedom of Information 
Act (FOIA) to incorporate certain changes made to the FOIA, 5 U.S.C. 
552, by the FOIA Improvement Act of 2016, Public Law 114-185, 130 Stat. 
538 (June 30, 2016). 82 FR 725 (Jan. 4, 2017) Those changes included 
providing requesters 90 days to submit an administrative appeal and 
implementing certain notice requirements for FOIA response letters. The 
rule also updated the requirements pertaining to two FOIA fee 
categories, ``representative of the news media'' and ``educational 
institution,'' to reflect recent decisions by the Court of Appeals for 
the District of Columbia Circuit. The rule went into effect on February 
3, 2017. The Department received three public comments about the 
interim final rule. After carefully reviewing and considering all 
comments, the Department has determined to adopt the provisions of the 
interim rule in final form without change.
    The first commenter did not suggest any changes to the rule, but 
instead generally provided his opinion on the importance of the FOIA 
and how it should operate.
    The second comment pertained to duplication fees for student 
requesters and the services provided by the Office of Government 
Information Services (OGIS). The commenter noted that it is important 
for students to be able to obtain documents in a reasonably cost-
effective manner, which is reflected in the decision rendered by the 
Court of Appeals for the District of Columbia Circuit in Sack v. DOD, 
823 F.3d 687 (D.C. Cir. 2016). The commenter indicated that, despite 
qualifying for educational institution requester status, students will 
still be required to pay duplication fees. The commenter stated that 
duplication fees may become obsolete over time as records are 
maintained electronically and responses are likewise provided 
electronically. The commenter encouraged the Department to keep all 
records electronically to reduce duplication fees. The commenter 
suggested that the Department consider removing duplication fees, 
unless the component certifies that the records being produced are in 
paper format and the component does not possess an electronic copy.
    The Department considered this comment and declines to remove the 
provision for charging applicable duplication fees to educational 
institutions. The FOIA provides that agencies shall promulgate 
regulations providing for reasonable standard charges for duplication 
fees, which are the only type of fees assessed to educational 
institution requesters. See 5 U.S.C. 552(a)(4)(A)(ii)(II). The 
Department's regulations contain the

[[Page 16776]]

directive that components ``ensure that searches, review, and 
duplication are conducted in the most efficient and the least expensive 
manner.'' 28 CFR 16.10(a). Further, requesters qualifying as 
educational institutions are provided the first 100 pages of 
duplication (or the cost equivalent) without charge. Sec.  
16.10(d)(4)(i). Moreover, any requester may seek a fee waiver. 
Components grant fee waivers if the requester has demonstrated that 
disclosure of the information is in the public interest because it is 
likely to contribute significantly to public understanding of the 
operations or activities of the government and is not primarily in the 
commercial interest of the requester. 5 U.S.C. 552(a)(4)(A)(iii); 28 
CFR 16.10(k)(1). For all these reasons, the Department believes that no 
changes are needed to the provisions concerning the assessment of 
duplication fees for educational institutions.
    The second commenter also provided his opinion about the 
helpfulness of advising requesters about the services available from 
the FOIA Public Liaison and OGIS. In response, the Department notes 
that the interim rule already directs components to inform requesters 
of the availability of the FOIA Public Liaison when providing notice of 
unusual circumstances and in all final responses. The Department also 
informs requesters of the services provided by OGIS when giving notice 
of unusual circumstances and in all adverse determinations. See 28 CFR 
16.5(c) and 16.6(e)(5).
    This commenter also suggested that Sec.  16.8(d) be amended to 
require components to provide an explanation to the requester if a 
component chooses not to participate in mediation. The Department 
declines to make this change. Mediation is a voluntary process and the 
statute does not require agencies to provide an explanation if they 
choose not to engage in this process. Consistent with the statute, the 
Department provides multiple opportunities for the requester and agency 
to communicate about a request. The Department also encourages 
components to have open communication with requesters throughout the 
request process and requesters can contact the component's FOIA 
Requester Service Center and FOIA Public Liaison any time during the 
processing of their request. As part of these communications, 
components may choose to explain why they decided not to participate in 
mediation in any given case.
    The third commenter raised concerns about the exclusive use of web 
portals to accept FOIA requests electronically at some components. The 
commenter noted that different components have different portals, which 
can be confusing for requesters, and that some components also accept 
requests via email. The commenter suggested amending Sec.  16.3(a) to 
require all components to accept requests via email, as well as through 
a portal or other means, and amending Sec.  16.8(a) to require the 
Office of Information Policy (OIP) to receive appeals via email, in 
addition to using an online portal and other means. Currently, 
components must have the capability to accept requests electronically 
either through email or a web portal, but they are not required to 
provide both capabilities.
    The Department considered this comment but, due to the efficiencies 
gained by using portals, declines to require components to receive 
requests and appeals via email in addition to online portals, or other 
methods. The Department recognizes that it may seem easier for 
requesters to have the option to use email instead of a web portal. 
Using web portals, though, actually provides significant efficiencies 
for both requesters and components when compared to email. For example, 
when a requester submits a request via a web portal the component can 
start working on the request immediately upon receipt rather than 
having to manually enter the information contained in the email into 
the component's tracking system. Particularly for components that 
receive thousands of requests each year, this time savings can be 
significant and benefits requesters overall. Moreover, web portals also 
help requesters ensure that they provide all required information when 
submitting their request or appeal, a capability that is not available 
when requesters submit via email. Without any built-in structure, an 
email request might omit essential information and require the 
component to engage in additional back and forth with the requester 
before processing can begin. By contrast, a web portal form will guide 
the requester through the process, helping to ensure that all necessary 
information is provided from the start. This allows the component to 
start processing the request more quickly than would occur if it needed 
additional information from a requester who submitted an incomplete 
request via email. Again, this benefits all requesters.
    The Department is committed to making it easy for the public to 
submit requests and appeals. The Department's FOIA Reference Guide, 
available on OIP's website, provides detailed instructions for making 
requests, and OIP maintains a single page on its website that lists 
contact information for all components. Every component has a FOIA 
Requester Service Center and FOIA Public Liaison who are available to 
answer questions about submitting requests. OIP works with components 
through the administrative appeal process and through its general 
compliance functions to help ensure that components' procedures are 
requester-friendly. Components are continually working to streamline 
the request and appeal submission process to the extent feasible while 
also striving to use available resources most efficiently to ensure 
faster processing to benefit all requesters. Finally, the Department 
has developed a National FOIA Portal that the public can use to make 
requests that is designed to help standardize the request-making 
process across the government. The National FOIA Portal also contains a 
wealth of information to educate requesters on the FOIA and assist them 
in making requests. The National FOIA Portal contains a customized form 
for each agency and agency component that both follows a uniform format 
and provides a link to the authority for any specialized requirements 
that an agency or component might have for making requests. These 
features are designed to simplify and standardize the request-making 
process for the public. We expect to continually improve the 
functionality of the National FOIA Portal over time.

Regulatory Certifications

Executive Orders 12866 and 13563--Regulatory Review

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), Principles of Regulation, and Executive Order 13563, ``Improving 
Regulation and Regulatory Review,'' section 1(b), General Principles of 
Regulation.
    The Department of Justice has determined that this rule is not a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), and accordingly this rule has not been reviewed by the Office of 
Management and Budget.
    Both Executive Orders 12866 and 13563 direct agencies to assess 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). The 
Department conducted the required assessment for the interim final

[[Page 16777]]

rule and this rule finalizes those regulations without change.

Regulatory Flexibility Act

    This rule finalizes the amendment of the Department of Justice's 
regulations under the FOIA to incorporate certain changes made by the 
FOIA Improvement Act of 2016, and to reflect developments in the case 
law and to streamline the description of the factors to be considered 
when making fee waiver determinations. Because the Department was not 
required to publish a notice of proposed rulemaking for this rule, a 
Regulatory Flexibility analysis is not required. 5 U.S.C. 603(b).

Executive Order 13132--Federalism

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, the Department has determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

Executive Order 12988--Civil Justice Reform

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Congressional Review Act

    This rule is not a major rule as defined by the Congressional 
Review Act. 5 U.S.C. 804.

Paperwork Reduction Act

    This rule imposes no information collection or record keeping 
requirements.

List of Subjects in 28 CFR Part 16

    Administrative practice and procedure, Freedom of information, 
Privacy.

PART 16--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION

    Accordingly, the interim rule amending 28 CFR part 16, which was 
published at 82 FR 725 on January 4, 2017, is adopted as a final rule 
without change.

    Dated: April 17, 2019.
William P. Barr,
Attorney General.
[FR Doc. 2019-08122 Filed 4-22-19; 8:45 am]
BILLING CODE 4410-BE-P