Public Information, Freedom of Information Act and Privacy Act Regulations, 36469-36472 [2023-07998]
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Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Rules and Regulations
Designations and Reporting Points,
which is incorporated by reference in 14
CFR 71.1 on an annual basis. This
document amends the current version of
that order, FAA Order JO 7400.11G,
dated August 19, 2022, and effective
September 15, 2022. FAA Order Jo
7400.11G is publicly available as listed
in the ADDRESSES section of this
document. These amendments will be
published in the next update to FAA
Order JO 7400.11.
FAA Order JO 7400.11G lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
The Rule
This amendment to 14 CFR 71
establishes Class E airspace extending
upward from 700 feet above the surface
within a 6.4-mile radius of San Saba
County Municipal Airport, San Saba,
TX.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
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Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5.a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR 71
Airspace, Incorporation by reference,
Navigation (air).
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
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PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
36469
FOR FURTHER INFORMATION CONTACT:
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
Deputy Program Director for
Departmental FOIA/PA and Open
Government Operations, Office of
Privacy and Open Government,
Department of Commerce, 1401
Constitution Ave. NW, Mail Stop 61013,
Washington, DC 20230, by phone at
(202) 482–3842, or by email at eFOIA@
doc.gov.
§ 71.1
SUPPLEMENTARY INFORMATION:
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11G,
Airspace Designations and Reporting
Points, dated August 19, 2022, and
effective September 15, 2022, is
amended as follows:
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Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
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ASW TX E5 San Saba, TX [Establish]
San Saba County Municipal Airport, TX
(Lat. 31°14′09″ N, long. 98°43′04″ W)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of San Saba County Municipal
Airport.
Issued in Fort Worth, Texas, on May 30,
2023.
Martin A. Skinner,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2023–11816 Filed 6–2–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 4
[Docket No. 230403–0091]
RIN 0605–AA59
Public Information, Freedom of
Information Act and Privacy Act
Regulations
Office of the Secretary, U.S.
Department of Commerce.
ACTION: Final rule; correcting
amendments.
AGENCY:
This rulemaking amends the
Department of Commerce’s
(Department) regulations under the
Freedom of Information Act (FOIA) to
reflect changes related to the
Department’s transition to a new FOIA
case management system. The
Department is also correcting crossreferences to its FOIA regulations and
updating the contact information for the
Office of Inspector General (OIG).
DATES: The rule is effective June 5, 2023.
SUMMARY:
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Background
A. Implementation of New FOIA Case
Management System
The Department, including the Office
of the Secretary and all of its
components except the U.S. Patent and
Trademark Office (USPTO), currently
accepts FOIA requests and
administrative appeals electronically
through the FOIAonline multi-agency
web-application (www.FOIAOnline.gov).
The Department also accepts FOIA
requests and administrative appeals via
email to designated email addresses or
via hard copy mail or via commercial
carrier to designated physical addresses
for individual components, as specified
in 15 CFR Appendix A to Part 4—
Freedom of Information Public
Inspection Facilities and Addresses for
Requests for Records Under the
Freedom of Information Act and Privacy
Act, and Requests for Correction or
Amendment Under the Privacy Act
(Appendix A). Because the U.S.
Environmental Protection Agency
decided to decommission the
FOIAonline.gov website effective
September 30, 2023, the Department
began a process to acquire and
implement a successor FOIA case
management system. In September
2022, the Department awarded a
contract following an open solicitation
process. The Department has been
working diligently on the
implementation of the new FOIA case
management system and anticipates that
it will be able to receive FOIA requests
and FOIA administrative appeals by
April 21, 2023, through https://foiapal.commerce.gov. In the interim,
requesters may continue to file FOIA
requests via U.S. mail, delivery service
or by email, or electronically through
the FOIA.gov website at https://
www.foia.gov/. FOIA appeals may be
submitted via hard copy mail or
commercial carrier or by email to the
email addressed specified in Appendix
1 (foiaappeals@doc.gov). The
Department maintains a list of contact
methods on its website at https://
osec.doc.gov/opog/FOIA/FOIA_
Requests.html#File.
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Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Rules and Regulations
The first purpose of this rule is to
delete the references to FOIAonline
from the following parts of the
Department’s FOIA regulations (15 CFR.
4.1 et seq.): §§ 4.4, 4.6, 4.7, 4.10, § 4.11,
and Appendix A. This will serve to
timely inform requesters that they
cannot submit FOIA requests or appeals
to the Department through the
FOIAonline case management system or
otherwise access their Departmental
FOIA records after 5 p.m. Eastern on
March 31, 2023. Beginning on April 21,
2023, new requests and administrative
appeals will be accepted using the new
link, as well as through the existing
email and postal addresses.
B. Correcting Error in FOIA Regulations
On August 10, 2018, the Department
published a final rule that revised its
existing regulations under the FOIA and
Privacy Act. See 83 FR 39588. The
second purpose of this rule is to correct
two typographical errors appearing in
15 CFR 4.4 regarding the cross-reference
of subsections of another regulation (15
CFR 4.7) in the final rule.
C. Updating the Contact Information for
FOIA Submissions to the OIG in
Appendix A
The OIG has made the following
changes to its contact information in
Appendix A—updated its phone
number and room number and removed
the fax number.
Amendments to 15 CFR 4.1–4.11 and
Appendix A
The Department amends the following
sections by removing the references to
‘‘FOIAonline,’’ and ‘‘https://
foiaonline.regulations.gov’’ from the
following sections: §§ 4.4(a), 4.6(e)(2),
4.7(a), 4.10(b)(1), 4.10(b)(2),
4.11(c)(2)(iv), and Appendix A.
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Corrections to 15 CFR 4.4
The Department removes from 15 CFR
4.4(c)(7) the references in the last
sentence of this subsection to ‘‘§ 4.7(d)’’
and ‘‘§ 4.7(e),’’ replacing them with the
corrected citations to ‘‘§§ 4.7(c)(2)’’ and
‘‘4.7(c)(3)’’ respectively.
Classification
The Department finds good cause
under 5 U.S.C. 553(b)(3)(B) to waive
prior notice and an opportunity for
public comment on this action because
the amendments removing references to
the FOIA case management system that
is being replaced and the correcting
amendments to cross-referenced
sections in the final rule text are minor
and non-substantive. Therefore, notice
and comment are unnecessary and
would be contrary to the public interest
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because they would delay the
amendment and correction. Because this
action makes no substantive changes
and makes minor corrections, it does
not constitute a substantive rule, and it
is not subject to the requirement for a
30-day delay in effective date in 5
U.S.C. 553(d).
As prior notice and an opportunity for
public comment are not required
pursuant to 5 U.S.C. 553(b)(3)(B) or any
other law, a Regulatory Flexibility Act
analysis is not required and none has
been prepared.
This regulation does not contain a
collection of information as defined by
the Paperwork Reduction Act, 44 U.S.C.
3501, et seq.
List of Subjects in 15 CFR Part 4
Public Information, Freedom of
Information Act, Privacy Act.
Charles R. Cutshall,
Senior Agency Official for Privacy, Chief
Privacy Officer and Director of Open
Government, Office of Privacy and Open
Government.
For the reasons stated in the
preamble, the Department of Commerce
amends 15 CFR part 4 as follows:
PART 4—DISCLOSURE OF
GOVERNMENT INFORMATION
1. The authority citation for part 4
continues to read as follows:
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Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5
U.S.C. 552a; 5 U.S.C. 553; 31 U.S.C. 3717; 44
U.S.C. 3101; Reorganization Plan No. 5 of
1950.
2. In § 4.4, revise paragraphs (a) and
(c)(7) to read as follows:
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§ 4.4
Requirements for making requests.
(a) How made and addressed. The
Department has a decentralized system
for responding to FOIA requests, with
each component designating a FOIA
office to process records from that
component. All components have the
capability to receive requests
electronically through electronic mail
(email). A request for Department
records that are not customarily made
available to the public as part of the
Department’s regular informational
services (or pursuant to a user fee
statute), must be in writing and shall be
processed under the FOIA, regardless of
whether the FOIA is mentioned in the
request. Requests must include the
requester’s full name and a valid return
address. Requesters may also include
other contact information, such as an
email address and a telephone number.
For the quickest handling, the request
(and envelope, if the request is mailed
or hand delivered) should be marked
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‘‘Freedom of Information Act Request.’’
Requests may be submitted by U.S.
mail, delivery service, email, or online
case management system. Requests may
also be submitted to some components,
identified in Appendix A to this part, by
facsimile. Requests should be sent to the
Department component identified in
Appendix A to this part that maintains
those records requested, and should be
sent to the addresses, email addresses,
or numbers listed in Appendix A to this
part or the Department’s website, https://
www.doc.gov.1 If the proper component
cannot be determined, the request
should be sent to the central facility
identified in Appendix A to this part.
The central facility will forward the
request to the component(s) it believes
most likely to have the requested
records. Requests will be considered
received for purposes of the 20-day time
limit of § 4.6 as of the date it is received
by the proper component’s FOIA office,
but in any event not later than ten
working days after the request is first
received by any Department component
identified in Appendix A to this part.
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(c) * * *
(7) When a requester fails to provide
sufficient detail within 30 calendar days
after having been asked to reasonably
describe the records sought, the
component shall notify the requester in
writing that the request has not been
properly made, that no further action
will be taken, and that the FOIA request
is closed. Such a notice constitutes an
adverse determination under § 4.7(c)(2)
for which components shall follow the
procedures for a denial letter under
§ 4.7(c)(3).
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■ 4. In § 4.6, revise (e)(2) to read as
follows:
§ 4.6 Time limits and expedited
processing.
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(e) * * *
(2) A component using multi-track
processing may provide requesters in its
slower track(s) with an opportunity to
limit the scope of their requests in order
to qualify for faster processing. A
component doing so shall contact the
requester by telephone, email, letter, or
online FOIA case management system,
whichever is the most efficient in each
case.
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1 The USPTO, which is established as an agency
of the United States within the Department,
operates under its own FOIA regulations at 37 CFR
part 102, subpart A. Accordingly, requests for
USPTO records, and any appeals thereof, should be
sent directly to the USPTO.
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Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Rules and Regulations
5. In § 4.7, revise paragraph (a) to read
as follows:
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§ 4.7
Responses to requests.
(a) Acknowledgment of requests.
Upon receipt of a request, a component
ordinarily shall send an
acknowledgement to the requester
which shall provide an assigned
tracking request number for further
reference and, if necessary, confirm
whether the requester is willing to pay
fees. A component must send this
acknowledgment if the request will take
longer than ten working days to process.
In most cases, the acknowledgment
email, generated by the FOIA electronic
case management system, that is sent to
requesters who provide an email
address will suffice for this requirement.
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■ 6. In 4.10, revise paragraph (b) to read
as follows:
§ 4.10 Appeals from initial determinations
or untimely delay.
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(b)(1) Appeals, other than appeals
from requests made to the Office of
Inspector General, shall be decided by
the Assistant General Counsel for
Employment, Litigation, and
Information (AGC–ELI). Written appeals
should be addressed to the Assistant
General Counsel for Employment,
Litigation, and Information, at the U.S.
Department of Commerce, Office of the
General Counsel, Room 5896, 1401
Constitution Avenue NW, Washington,
DC 20230. For a written appeal, both the
letter and the appeal envelope should be
clearly marked ‘‘Freedom of Information
Act Appeal.’’ Appeals may also be
submitted electronically by email to
FOIAAppeals@doc.gov or through the
online case management system. In all
cases, the appeal (written or electronic)
should include a copy of the original
request and initial denial, if any. All
appeals should include a statement of
the reasons why the records requested
should be made available and why the
adverse determination was in error. No
opportunity for personal appearance,
oral argument or hearing on appeal is
provided. Upon receipt of an appeal, the
AGC–ELI ordinarily shall send an
acknowledgement letter to the requester
which shall confirm receipt of the
requester’s appeal.
(2) Appeals of initial and untimely
determinations by the OIG shall be
decided by the Counsel to the Inspector
General, except that appeals of records
requests that were initially denied by
the Counsel to the Inspector General
shall be decided by the Deputy
Inspector General. Written appeals
should be addressed to the Counsel to
the Inspector General, or the Deputy
Inspector General if the records were
initially denied by the Counsel to the
Inspector General. The address of both
is: U.S. Department of Commerce, Office
Category
36471
of the Inspector General, Office of
Counsel, Room 7898C, 1401
Constitution Avenue NW, Washington,
DC 20230. For a written appeal, both the
letter and the appeal envelope should be
clearly marked ‘‘Freedom of Information
Act Appeal.’’ Appeals may also be
submitted electronically by email to
FOIA@oig.doc.gov or through the online
case management system. In all cases,
the appeal (written or electronic) should
include a copy of the original request
and initial denial, if any. All appeals
should include a statement of the
reasons why the records requested
should be made available and why the
adverse determination was in error. No
opportunity for personal appearance,
oral argument or hearing on appeal is
provided. Upon receipt of an appeal, the
Counsel to the Inspector General, or the
Deputy Inspector General if the records
were initially denied by the Counsel to
the Inspector General, ordinarily shall
send an acknowledgement letter to the
requester which shall confirm receipt of
the requester’s appeal.
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■ 7. In § 4.11, revise paragraph
(c)(2)(iv)(B) to read as follows:
§ 4.11
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Fees.
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(c) * * *
(2) * * *
(iv) * * *
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Chargeable fees
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(B) Other reproduction (e.g., converting paper into an electronic format
Actual direct cost, including operator time, using the hourly rate from
(e.g., scanning), computer disk or printout, or other electronically-forTable 1, of the employee involved.
matted reproduction (e.g., uploading records made available to the
requester)).
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8. In appendix A to part 4, revise
paragraphs (1) through (12) to read as
follows:
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Appendix A to Part 4—Freedom of
Information Public Inspection
Facilities, and Addresses for Requests
for Records Under the Freedom of
Information Act and Privacy Act, and
Requests for Correction or Amendment
Under the Privacy Act
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(1) U.S. Department of Commerce, Office of
Privacy and Open Government, Departmental
FOIA Office, 14th and Constitution Avenue
NW, Room H61025, Washington, DC 20230;
Phone: (202) 482–3258; Fax: (202) 482–0827;
Email: eFOIA@doc.gov. The Department
maintains a list of contact methods on its
website at https://osec.doc.gov/opog/FOIA/
FOIA_Requests.html#File. This component
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maintains an online Electronic FOIA Library
through the Department’s website, https://
www.doc.gov. This online Electronic FOIA
Library serves the Office of the Secretary, all
other components of the Department not
identified below, and those components
identified below that do not have separate
online Electronic FOIA Libraries.
(2) Bureau of the Census, Policy
Coordination Office, U.S. Department of
Commerce, Room 8H027, 4600 Silver Hill
Road, Suitland, Maryland 20233; Phone:
(301) 763–6440; Fax: (301) 763–6239 (ATTN.:
FOIA Office); Email: census.efoia@
census.gov. This component maintains a
separate online Electronic FOIA Library
through its website, https://www.census.gov.
(3) Bureau of Economic Analysis, Office of
the Under Secretary for Economic Affairs,
U.S. Department of Commerce, Bureau of
Economic Analysis, Communications
Division, Mail Stop BE–64, Room 8K114F,
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Washington, DC 20230; Phone: 301–278–
9798; Email: FOIA@bea.gov.
(4) Bureau of Industry and Security, Office
of Administration, U.S. Department of
Commerce, 14th and Constitution Avenue
NW, Room H6622, Washington, DC 20230;
Phone: (202) 482–0953; Fax: (202) 482–0326;
Email: efoiarequest@bis.doc.gov. This
component maintains a separate online
Electronic FOIA Library through its website,
https://www.bis.doc.gov.
(5) Economic Development
Administration, Office of the Chief Counsel,
U.S. Department of Commerce, 14th and
Constitution Avenue NW, Room 72023,
Washington, DC 20230; Phone: (202) 482–
3085; Fax: (202) 482–5671. This component
maintains a separate online Electronic FOIA
Library through its website, https://
www.eda.gov. The following Regional
Economic Development Administration
(EDA) offices do not maintain separate online
Electronic FOIA Libraries.
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Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Rules and Regulations
(i) Atlanta Regional Office, EDA, U.S.
Department of Commerce, 401 West
Peachtree Street NW, Suite 1820, Atlanta,
Georgia 30308; Phone: (404) 730–3006.
(ii) Austin Regional Office, EDA, U.S.
Department of Commerce, 504 Lavaca Street,
Suite 1100, Austin, Texas 78701; Phone:
(512) 381–8165.
(iii) Chicago Regional Office, EDA, U.S.
Department of Commerce, 111 North Canal
Street, Suite 855, Chicago, Illinois 60606;
Phone: (312) 353–8143.
(iv) Denver Regional Office, EDA, U.S.
Department of Commerce, 410 17th Street,
Suite 250, Denver, Colorado 80202; Phone:
(303) 844–4404.
(v) Philadelphia Regional Office, EDA, U.S.
Department of Commerce, Robert N.C. Nix
Federal Building, 900 Market Street, Room
602, Philadelphia, Pennsylvania 19107,
Phone: (215) 597–4603.
(vi) Seattle Regional Office, EDA, U.S.
Department of Commerce, Jackson Federal
Building, Room 1890, 915 Second Avenue,
Seattle, Washington 98174; Phone: (206)
220–7663.
(6) International Trade Administration,
Office of Strategic Resources, U.S.
Department of Commerce, 14th and
Constitution Avenue NW, Room 40003,
Washington, DC 20230; Phone: (202) 482–
7937; Fax: (202) 482–1584; Email: FOIA@
trade.gov. This component does not maintain
a separate online Electronic FOIA Library.
(7) Minority Business Development
Agency, Office of Administration and
Employee Support Services, U.S. Department
of Commerce, 14th and Constitution Avenue
NW, Room 5092, Washington, DC 20230;
Phone: (202) 482–2419; Fax: (202) 482–2500;
Email: FOIA@mbda.gov. This component
maintains a separate online Electronic FOIA
Library through its website, https://
www.mbda.gov.
(8) National Institute of Standards and
Technology, Management and Organization
Office, U.S. Department of Commerce, 100
Bureau Drive, Room 1710, Gaithersburg,
Maryland 20899–1710; Phone: (301) 975–
4054; Fax: (301) 975–5301; Email: FOIA@
nist.gov. This component maintains a
separate public inspection facility at the
Administration Building, Gaithersburg,
Maryland. Please call (301) 975–4054 for
inspection facility directions and hours. This
component does not maintain a separate
online Electronic FOIA Library.
(9) National Oceanic and Atmospheric
Administration, U.S. Department of
Commerce, 1315 East-West Highway
(SSMC3), Room 9719, Silver Spring,
Maryland 20910; Phone: (301) 628–5658;
Fax: (301) 713–1169; Email: FOIA@noaa.gov.
This component maintains a separate online
Electronic FOIA Library through its website,
https://www.noaa.gov.
(10) National Technical Information
Service, Office of the Chief Information
Officer, U.S. Department of Commerce, 5301
Shawnee Road, Room 227, Alexandria,
Virginia 22312; Phone: (703) 605–6710; Fax:
(703) 605–6764. This component maintains a
separate online Electronic FOIA Library
through its website, https://www.ntis.gov.
(11) National Telecommunications and
Information Administration, Office of the
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Chief Counsel, U.S. Department of
Commerce, 14th and Constitution Avenue
NW, Room 4713, Washington, DC 20230;
Phone: (202) 482–1816; Fax: (202) 501–8013;
Email: eFOIA@NTIA.doc.gov. This
component does not maintain a separate
online Electronic FOIA Library.
(12) Office of Inspector General, FOIA and
Records Management Specialist, U.S.
Department of Commerce, 14th and
Constitution Avenue NW, Room 7898C,
Washington, DC 20230; Phone: (202) 794–
8066; Email: FOIA@oig.doc.gov. This
component maintains a separate online
Electronic FOIA Library through its website,
https://www.oig.doc.gov.
[FR Doc. 2023–07998 Filed 6–2–23; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 490
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2022–0036]
RIN 2127–AM45
Uniform Procedures for State Highway
Safety Grant Programs
National Highway Traffic
Safety Administration (NHTSA) and
Federal Highway Administration
(FHWA), Department of Transportation
(DOT).
ACTION: Final rule.
AGENCY:
This final rule amends the
uniform procedures implementing the
State Highway Safety Grant Program to
waive, for fiscal year 2024, the
requirement that targets for the common
performance measures be identical to
targets in the State Highway Safety
Improvement Plan. This final rule
makes a corresponding change to a
similar requirement in the Federal
Highway Administration’s performance
management regulation.
DATES: This final rule is effective on
June 5, 2023.
ADDRESSES: This document may be
viewed online through the Federal
eRulemaking portal at
www.regulations.gov using the docket
number listed above. Electronic retrieval
help and guidelines are available on the
website. It is available 24 hours each
day, 365 days each year. An electronic
copy of this document may also be
downloaded by accessing the Office of
the Federal Register’s website at:
www.federalregister.gov and the
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Table of Contents
I. Background
II. Waiver of Identical Targets for Common
Performance Measures
III. Waiver of Notice and Comment
IV. Regulatory Analyses and Notices
23 CFR Part 1300
SUMMARY:
Government Publishing Office’s website
at: www.GovInfo.gov.
FOR FURTHER INFORMATION CONTACT:
For NHTSA: Program issues: Barbara
Sauers, Associate Administrator,
Regional Operations and Program
Delivery, National Highway Traffic
Safety Administration; Telephone
number: (202) 366–0144; Email:
barbara.sauers@dot.gov. Legal issues:
Megan Brown, Attorney-Advisor, Office
of the Chief Counsel, National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC
20590; Telephone number: (202) 366–
1834; Email: megan.brown@dot.gov.
For FHWA: Kelly Morton, Office of
Safety, (202) 366–8090 or via email at
kelly.morton@dot.gov or Dawn Horan,
Office of the Chief Counsel, (202) 366–
9615 or via email at dawn.horan@
dot.gov. Office hours are from 8 a.m. to
4:30 p.m., E.T., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
I. Background
The National Highway Traffic Safety
Administration (NHTSA) and the
Federal Highway Administration
(FHWA) share three common
performance measures in their highway
safety programs—total fatalities, rate of
fatalities, and total serious injuries—and
have shared these common performance
measure for many years. Both NHTSA
and FHWA regulations require States to
submit identical targets for the three
common performance measures—in
NHTSA’s triennial Highway Safety Plan
(HSP) and in FHWA’s Highway Safety
Improvement Plan (HSIP) annual report.
See 23 CFR 1300.11(b)(3)(ii)(C) and 23
CFR 490.209(a)(1), respectively.
On November 15, 2021, the President
signed into law the ‘‘Infrastructure
Investment and Jobs Act’’ (known also
as the Bipartisan Infrastructure Law, or
BIL), Public Law 117–58. The BIL
provided additional grant funds to
States and changed several requirements
to support States in their efforts to
strengthen their highway safety
programs. Among other things, the BIL
required that all performance targets
submitted to NHTSA in the triennial
HSP demonstrate constant or improved
performance. 23 U.S.C. 402(d)(4)(A)(ii).
NHTSA published a final rule
implementing the Highway Safety Grant
Program under the BIL on February 6,
2023, at 88 FR 7780. The rule provides
E:\FR\FM\05JNR1.SGM
05JNR1
]]>Agencies
[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Rules and Regulations]
[Pages 36469-36472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07998]
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DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 4
[Docket No. 230403-0091]
RIN 0605-AA59
Public Information, Freedom of Information Act and Privacy Act
Regulations
AGENCY: Office of the Secretary, U.S. Department of Commerce.
ACTION: Final rule; correcting amendments.
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SUMMARY: This rulemaking amends the Department of Commerce's
(Department) regulations under the Freedom of Information Act (FOIA) to
reflect changes related to the Department's transition to a new FOIA
case management system. The Department is also correcting cross-
references to its FOIA regulations and updating the contact information
for the Office of Inspector General (OIG).
DATES: The rule is effective June 5, 2023.
FOR FURTHER INFORMATION CONTACT: Deputy Program Director for
Departmental FOIA/PA and Open Government Operations, Office of Privacy
and Open Government, Department of Commerce, 1401 Constitution Ave. NW,
Mail Stop 61013, Washington, DC 20230, by phone at (202) 482-3842, or
by email at [email protected].
SUPPLEMENTARY INFORMATION:
Background
A. Implementation of New FOIA Case Management System
The Department, including the Office of the Secretary and all of
its components except the U.S. Patent and Trademark Office (USPTO),
currently accepts FOIA requests and administrative appeals
electronically through the FOIAonline multi-agency web-application
(www.FOIAOnline.gov). The Department also accepts FOIA requests and
administrative appeals via email to designated email addresses or via
hard copy mail or via commercial carrier to designated physical
addresses for individual components, as specified in 15 CFR Appendix A
to Part 4--Freedom of Information Public Inspection Facilities and
Addresses for Requests for Records Under the Freedom of Information Act
and Privacy Act, and Requests for Correction or Amendment Under the
Privacy Act (Appendix A). Because the U.S. Environmental Protection
Agency decided to decommission the FOIAonline.gov website effective
September 30, 2023, the Department began a process to acquire and
implement a successor FOIA case management system. In September 2022,
the Department awarded a contract following an open solicitation
process. The Department has been working diligently on the
implementation of the new FOIA case management system and anticipates
that it will be able to receive FOIA requests and FOIA administrative
appeals by April 21, 2023, through https://foia-pal.commerce.gov. In
the interim, requesters may continue to file FOIA requests via U.S.
mail, delivery service or by email, or electronically through the
FOIA.gov website at https://www.foia.gov/. FOIA appeals may be
submitted via hard copy mail or commercial carrier or by email to the
email addressed specified in Appendix 1 ([email protected]). The
Department maintains a list of contact methods on its website at
https://osec.doc.gov/opog/FOIA/FOIA_Requests.html#File.
[[Page 36470]]
The first purpose of this rule is to delete the references to
FOIAonline from the following parts of the Department's FOIA
regulations (15 CFR. 4.1 et seq.): Sec. Sec. 4.4, 4.6, 4.7, 4.10,
Sec. 4.11, and Appendix A. This will serve to timely inform requesters
that they cannot submit FOIA requests or appeals to the Department
through the FOIAonline case management system or otherwise access their
Departmental FOIA records after 5 p.m. Eastern on March 31, 2023.
Beginning on April 21, 2023, new requests and administrative appeals
will be accepted using the new link, as well as through the existing
email and postal addresses.
B. Correcting Error in FOIA Regulations
On August 10, 2018, the Department published a final rule that
revised its existing regulations under the FOIA and Privacy Act. See 83
FR 39588. The second purpose of this rule is to correct two
typographical errors appearing in 15 CFR 4.4 regarding the cross-
reference of subsections of another regulation (15 CFR 4.7) in the
final rule.
C. Updating the Contact Information for FOIA Submissions to the OIG in
Appendix A
The OIG has made the following changes to its contact information
in Appendix A--updated its phone number and room number and removed the
fax number.
Amendments to 15 CFR 4.1-4.11 and Appendix A
The Department amends the following sections by removing the
references to ``FOIAonline,'' and ``https://foiaonline.regulations.gov''
from the following sections: Sec. Sec. 4.4(a), 4.6(e)(2), 4.7(a),
4.10(b)(1), 4.10(b)(2), 4.11(c)(2)(iv), and Appendix A.
Corrections to 15 CFR 4.4
The Department removes from 15 CFR 4.4(c)(7) the references in the
last sentence of this subsection to ``Sec. 4.7(d)'' and ``Sec.
4.7(e),'' replacing them with the corrected citations to ``Sec. Sec.
4.7(c)(2)'' and ``4.7(c)(3)'' respectively.
Classification
The Department finds good cause under 5 U.S.C. 553(b)(3)(B) to
waive prior notice and an opportunity for public comment on this action
because the amendments removing references to the FOIA case management
system that is being replaced and the correcting amendments to cross-
referenced sections in the final rule text are minor and non-
substantive. Therefore, notice and comment are unnecessary and would be
contrary to the public interest because they would delay the amendment
and correction. Because this action makes no substantive changes and
makes minor corrections, it does not constitute a substantive rule, and
it is not subject to the requirement for a 30-day delay in effective
date in 5 U.S.C. 553(d).
As prior notice and an opportunity for public comment are not
required pursuant to 5 U.S.C. 553(b)(3)(B) or any other law, a
Regulatory Flexibility Act analysis is not required and none has been
prepared.
This regulation does not contain a collection of information as
defined by the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.
List of Subjects in 15 CFR Part 4
Public Information, Freedom of Information Act, Privacy Act.
Charles R. Cutshall,
Senior Agency Official for Privacy, Chief Privacy Officer and Director
of Open Government, Office of Privacy and Open Government.
For the reasons stated in the preamble, the Department of Commerce
amends 15 CFR part 4 as follows:
PART 4--DISCLOSURE OF GOVERNMENT INFORMATION
0
1. The authority citation for part 4 continues to read as follows:
Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C.
553; 31 U.S.C. 3717; 44 U.S.C. 3101; Reorganization Plan No. 5 of
1950.
0
2. In Sec. 4.4, revise paragraphs (a) and (c)(7) to read as follows:
Sec. 4.4 Requirements for making requests.
(a) How made and addressed. The Department has a decentralized
system for responding to FOIA requests, with each component designating
a FOIA office to process records from that component. All components
have the capability to receive requests electronically through
electronic mail (email). A request for Department records that are not
customarily made available to the public as part of the Department's
regular informational services (or pursuant to a user fee statute),
must be in writing and shall be processed under the FOIA, regardless of
whether the FOIA is mentioned in the request. Requests must include the
requester's full name and a valid return address. Requesters may also
include other contact information, such as an email address and a
telephone number. For the quickest handling, the request (and envelope,
if the request is mailed or hand delivered) should be marked ``Freedom
of Information Act Request.'' Requests may be submitted by U.S. mail,
delivery service, email, or online case management system. Requests may
also be submitted to some components, identified in Appendix A to this
part, by facsimile. Requests should be sent to the Department component
identified in Appendix A to this part that maintains those records
requested, and should be sent to the addresses, email addresses, or
numbers listed in Appendix A to this part or the Department's website,
https://www.doc.gov.\1\ If the proper component cannot be determined,
the request should be sent to the central facility identified in
Appendix A to this part. The central facility will forward the request
to the component(s) it believes most likely to have the requested
records. Requests will be considered received for purposes of the 20-
day time limit of Sec. 4.6 as of the date it is received by the proper
component's FOIA office, but in any event not later than ten working
days after the request is first received by any Department component
identified in Appendix A to this part.
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\1\ The USPTO, which is established as an agency of the United
States within the Department, operates under its own FOIA
regulations at 37 CFR part 102, subpart A. Accordingly, requests for
USPTO records, and any appeals thereof, should be sent directly to
the USPTO.
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* * * * *
(c) * * *
(7) When a requester fails to provide sufficient detail within 30
calendar days after having been asked to reasonably describe the
records sought, the component shall notify the requester in writing
that the request has not been properly made, that no further action
will be taken, and that the FOIA request is closed. Such a notice
constitutes an adverse determination under Sec. 4.7(c)(2) for which
components shall follow the procedures for a denial letter under Sec.
4.7(c)(3).
* * * * *
0
4. In Sec. 4.6, revise (e)(2) to read as follows:
Sec. 4.6 Time limits and expedited processing.
* * * * *
(e) * * *
(2) A component using multi-track processing may provide requesters
in its slower track(s) with an opportunity to limit the scope of their
requests in order to qualify for faster processing. A component doing
so shall contact the requester by telephone, email, letter, or online
FOIA case management system, whichever is the most efficient in each
case.
* * * * *
[[Page 36471]]
0
5. In Sec. 4.7, revise paragraph (a) to read as follows:
Sec. 4.7 Responses to requests.
(a) Acknowledgment of requests. Upon receipt of a request, a
component ordinarily shall send an acknowledgement to the requester
which shall provide an assigned tracking request number for further
reference and, if necessary, confirm whether the requester is willing
to pay fees. A component must send this acknowledgment if the request
will take longer than ten working days to process. In most cases, the
acknowledgment email, generated by the FOIA electronic case management
system, that is sent to requesters who provide an email address will
suffice for this requirement.
* * * * *
0
6. In 4.10, revise paragraph (b) to read as follows:
Sec. 4.10 Appeals from initial determinations or untimely delay.
* * * * *
(b)(1) Appeals, other than appeals from requests made to the Office
of Inspector General, shall be decided by the Assistant General Counsel
for Employment, Litigation, and Information (AGC-ELI). Written appeals
should be addressed to the Assistant General Counsel for Employment,
Litigation, and Information, at the U.S. Department of Commerce, Office
of the General Counsel, Room 5896, 1401 Constitution Avenue NW,
Washington, DC 20230. For a written appeal, both the letter and the
appeal envelope should be clearly marked ``Freedom of Information Act
Appeal.'' Appeals may also be submitted electronically by email to
[email protected] or through the online case management system. In
all cases, the appeal (written or electronic) should include a copy of
the original request and initial denial, if any. All appeals should
include a statement of the reasons why the records requested should be
made available and why the adverse determination was in error. No
opportunity for personal appearance, oral argument or hearing on appeal
is provided. Upon receipt of an appeal, the AGC-ELI ordinarily shall
send an acknowledgement letter to the requester which shall confirm
receipt of the requester's appeal.
(2) Appeals of initial and untimely determinations by the OIG shall
be decided by the Counsel to the Inspector General, except that appeals
of records requests that were initially denied by the Counsel to the
Inspector General shall be decided by the Deputy Inspector General.
Written appeals should be addressed to the Counsel to the Inspector
General, or the Deputy Inspector General if the records were initially
denied by the Counsel to the Inspector General. The address of both is:
U.S. Department of Commerce, Office of the Inspector General, Office of
Counsel, Room 7898C, 1401 Constitution Avenue NW, Washington, DC 20230.
For a written appeal, both the letter and the appeal envelope should be
clearly marked ``Freedom of Information Act Appeal.'' Appeals may also
be submitted electronically by email to [email protected] or through the
online case management system. In all cases, the appeal (written or
electronic) should include a copy of the original request and initial
denial, if any. All appeals should include a statement of the reasons
why the records requested should be made available and why the adverse
determination was in error. No opportunity for personal appearance,
oral argument or hearing on appeal is provided. Upon receipt of an
appeal, the Counsel to the Inspector General, or the Deputy Inspector
General if the records were initially denied by the Counsel to the
Inspector General, ordinarily shall send an acknowledgement letter to
the requester which shall confirm receipt of the requester's appeal.
* * * * *
0
7. In Sec. 4.11, revise paragraph (c)(2)(iv)(B) to read as follows:
Sec. 4.11 Fees.
* * * * *
(c) * * *
(2) * * *
(iv) * * *
------------------------------------------------------------------------
Category Chargeable fees
------------------------------------------------------------------------
* * * * * * *
(B) Other reproduction (e.g., Actual direct cost, including
converting paper into an electronic operator time, using the
format (e.g., scanning), computer disk hourly rate from Table 1, of
or printout, or other electronically- the employee involved.
formatted reproduction (e.g.,
uploading records made available to
the requester)).
------------------------------------------------------------------------
* * * * *
0
8. In appendix A to part 4, revise paragraphs (1) through (12) to read
as follows:
Appendix A to Part 4--Freedom of Information Public Inspection
Facilities, and Addresses for Requests for Records Under the Freedom of
Information Act and Privacy Act, and Requests for Correction or
Amendment Under the Privacy Act
* * * * *
(1) U.S. Department of Commerce, Office of Privacy and Open
Government, Departmental FOIA Office, 14th and Constitution Avenue
NW, Room H61025, Washington, DC 20230; Phone: (202) 482-3258; Fax:
(202) 482-0827; Email: [email protected]. The Department maintains a
list of contact methods on its website at https://osec.doc.gov/opog/FOIA/FOIA_Requests.html#File. This component maintains an online
Electronic FOIA Library through the Department's website, https://www.doc.gov. This online Electronic FOIA Library serves the Office
of the Secretary, all other components of the Department not
identified below, and those components identified below that do not
have separate online Electronic FOIA Libraries.
(2) Bureau of the Census, Policy Coordination Office, U.S.
Department of Commerce, Room 8H027, 4600 Silver Hill Road, Suitland,
Maryland 20233; Phone: (301) 763-6440; Fax: (301) 763-6239 (ATTN.:
FOIA Office); Email: [email protected]. This component
maintains a separate online Electronic FOIA Library through its
website, https://www.census.gov.
(3) Bureau of Economic Analysis, Office of the Under Secretary
for Economic Affairs, U.S. Department of Commerce, Bureau of
Economic Analysis, Communications Division, Mail Stop BE-64, Room
8K114F, Washington, DC 20230; Phone: 301-278-9798; Email:
[email protected].
(4) Bureau of Industry and Security, Office of Administration,
U.S. Department of Commerce, 14th and Constitution Avenue NW, Room
H6622, Washington, DC 20230; Phone: (202) 482-0953; Fax: (202) 482-
0326; Email: [email protected]. This component maintains a
separate online Electronic FOIA Library through its website, https://www.bis.doc.gov.
(5) Economic Development Administration, Office of the Chief
Counsel, U.S. Department of Commerce, 14th and Constitution Avenue
NW, Room 72023, Washington, DC 20230; Phone: (202) 482-3085; Fax:
(202) 482-5671. This component maintains a separate online
Electronic FOIA Library through its website, https://www.eda.gov. The
following Regional Economic Development Administration (EDA) offices
do not maintain separate online Electronic FOIA Libraries.
[[Page 36472]]
(i) Atlanta Regional Office, EDA, U.S. Department of Commerce,
401 West Peachtree Street NW, Suite 1820, Atlanta, Georgia 30308;
Phone: (404) 730-3006.
(ii) Austin Regional Office, EDA, U.S. Department of Commerce,
504 Lavaca Street, Suite 1100, Austin, Texas 78701; Phone: (512)
381-8165.
(iii) Chicago Regional Office, EDA, U.S. Department of Commerce,
111 North Canal Street, Suite 855, Chicago, Illinois 60606; Phone:
(312) 353-8143.
(iv) Denver Regional Office, EDA, U.S. Department of Commerce,
410 17th Street, Suite 250, Denver, Colorado 80202; Phone: (303)
844-4404.
(v) Philadelphia Regional Office, EDA, U.S. Department of
Commerce, Robert N.C. Nix Federal Building, 900 Market Street, Room
602, Philadelphia, Pennsylvania 19107, Phone: (215) 597-4603.
(vi) Seattle Regional Office, EDA, U.S. Department of Commerce,
Jackson Federal Building, Room 1890, 915 Second Avenue, Seattle,
Washington 98174; Phone: (206) 220-7663.
(6) International Trade Administration, Office of Strategic
Resources, U.S. Department of Commerce, 14th and Constitution Avenue
NW, Room 40003, Washington, DC 20230; Phone: (202) 482-7937; Fax:
(202) 482-1584; Email: [email protected]. This component does not
maintain a separate online Electronic FOIA Library.
(7) Minority Business Development Agency, Office of
Administration and Employee Support Services, U.S. Department of
Commerce, 14th and Constitution Avenue NW, Room 5092, Washington, DC
20230; Phone: (202) 482-2419; Fax: (202) 482-2500; Email:
[email protected]. This component maintains a separate online Electronic
FOIA Library through its website, https://www.mbda.gov.
(8) National Institute of Standards and Technology, Management
and Organization Office, U.S. Department of Commerce, 100 Bureau
Drive, Room 1710, Gaithersburg, Maryland 20899-1710; Phone: (301)
975-4054; Fax: (301) 975-5301; Email: [email protected]. This component
maintains a separate public inspection facility at the
Administration Building, Gaithersburg, Maryland. Please call (301)
975-4054 for inspection facility directions and hours. This
component does not maintain a separate online Electronic FOIA
Library.
(9) National Oceanic and Atmospheric Administration, U.S.
Department of Commerce, 1315 East-West Highway (SSMC3), Room 9719,
Silver Spring, Maryland 20910; Phone: (301) 628-5658; Fax: (301)
713-1169; Email: [email protected]. This component maintains a separate
online Electronic FOIA Library through its website, https://www.noaa.gov.
(10) National Technical Information Service, Office of the Chief
Information Officer, U.S. Department of Commerce, 5301 Shawnee Road,
Room 227, Alexandria, Virginia 22312; Phone: (703) 605-6710; Fax:
(703) 605-6764. This component maintains a separate online
Electronic FOIA Library through its website, https://www.ntis.gov.
(11) National Telecommunications and Information Administration,
Office of the Chief Counsel, U.S. Department of Commerce, 14th and
Constitution Avenue NW, Room 4713, Washington, DC 20230; Phone:
(202) 482-1816; Fax: (202) 501-8013; Email: [email protected]. This
component does not maintain a separate online Electronic FOIA
Library.
(12) Office of Inspector General, FOIA and Records Management
Specialist, U.S. Department of Commerce, 14th and Constitution
Avenue NW, Room 7898C, Washington, DC 20230; Phone: (202) 794-8066;
Email: [email protected]. This component maintains a separate online
Electronic FOIA Library through its website, https://www.oig.doc.gov.
[FR Doc. 2023-07998 Filed 6-2-23; 8:45 am]
BILLING CODE 3510-07-P
