Freedom of Information Act and Privacy Act Regulations, 6828-6839 [2025-00960]
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COUNCIL ON ENVIRONMENTAL
QUALITY
40 CFR Parts 1515 and 1516
[CEQ–2024–0001]
RIN 0331–AA02
Freedom of Information Act and
Privacy Act Regulations
Council on Environmental
Quality.
ACTION: Final rule.
AGENCY:
The Council on
Environmental Quality (CEQ) is
finalizing its Freedom of Information
Act (FOIA) regulations to incorporate
amendments to the FOIA set forth in the
FOIA Improvement Act of 2016; to
conform to guidance for Federal
agencies from the Department of Justice;
to make them easier for the public to
understand and use; and to better reflect
CEQ’s current policy and practice.
These final regulations reaffirm CEQ’s
commitment to providing the fullest
possible disclosure of records to the
public. In addition, CEQ is amending its
regulations implementing the Privacy
Act of 1974 (the Privacy Act) to make
them easier for the public to understand
and use and to better reflect CEQ’s
current policy and practice. These final
regulations also make administrative
changes, including reorganizing,
renumbering, and renaming the sections
of CEQ’s current FOIA and Privacy Act
regulations. CEQ considered all of the
public comments received on its
proposed rule and made changes in
response in this final rule.
DATES: The effective date is February 20,
2025.
ADDRESSES: CEQ established a docket
for this action on www.regulations.gov,
under docket number CEQ–2024–0001.
The docket contains all of the public
comments that CEQ received on this
action.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Samuel Roth, Associate General
Counsel, 202–395–5750,
Samuel.E.Roth@ceq.eop.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
A. The FOIA
The FOIA, 5 U.S.C. 552, provides a
right of access to certain records that
Federal agencies maintain and control.
The FOIA directs each Federal agency to
publish regulations that describe how
the agency will process FOIA requests it
receives from members of the public.
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CEQ first adopted its FOIA
regulations in 1977.1 In 2010, CEQ
amended its regulations to reflect
legislative amendments to the FOIA, a
2009 Presidential Memorandum
regarding FOIA policy, and additional
guidance from the Department of Justice
(DOJ) and the Office of Management and
Budget (OMB).2 CEQ’s current FOIA
regulations are codified at 40 CFR part
1515.
CEQ is revising and republishing its
FOIA regulations in their entirety in
order to make several improvements to
the current rules. First, CEQ is making
updates to reflect a number of important
changes to the FOIA made by the FOIA
Improvement Act of 2016 (Pub. L. 114–
185). Section 3(a) of the Act directs each
agency to review its FOIA regulations
and update them to implement the
changes set forth in the Act. Second,
CEQ is including a number of
provisions to improve the usefulness
and readability of its FOIA regulations
consistent with DOJ’s 2017 revised
Template for Agency Regulations (the
Template).3 CEQ modeled this final rule
on the Template, which also
incorporates the FOIA Improvement Act
of 2016’s amendments to the FOIA.
Third, CEQ is making updates to
better convey the FOIA’s and the CEQ
regulation’s requirements to members of
the public who are interested in CEQ’s
operations and activities, so they can
easily understand and use CEQ’s FOIA
process.4 Specifically, CEQ referred to
the Plain Writing Act of 2010 and the
Federal Plain Language Guidelines 5 in
preparing the final rule.
Finally, the final rule reflects updates
to CEQ’s FOIA policies and procedures,
as well as the practical experience of
CEQ’s FOIA staff. As it does under its
current regulations, CEQ will administer
the FOIA under the final regulations
with a presumption of openness,
consistent with the Memorandum of the
Attorney General dated March 15,
2022.6
1 CEQ, Freedom of Information Act Procedures;
Final Rule, 42 FR 65158 (Dec. 30, 1977).
2 CEQ, Revision of Freedom of Information Act
Regulations, 75 FR 48585 (Sept. 10, 2010).
3 Template for Agency FOIA Regulations
(February 22, 2017), https://www.justice.gov/oip/
template-agency-foia-regulations.
4 See, e.g., E.O. 13563, Improving Regulation and
Regulatory Review, 76 FR 3821 (Jan. 21, 2011)
(stating that ‘‘regulations [must be] accessible,
consistent, written in plain language, and easy to
understand’’).
5 Federal Plain Language Guidelines (1st rev. May
2011), https://www.plainlanguage.gov/media/
FederalPLGuidelines.pdf.
6 Department of Justice, Freedom of Information
Act Guidelines (March 15, 2022), https://
www.justice.gov/media/1212566/dl.
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B. The Privacy Act
The Privacy Act, 5 U.S.C. 552a,
governs each Federal agency’s
collection, maintenance, use, and
dissemination of any information about
individuals that it maintains in a system
of records. The Privacy Act directs each
Federal agency to publish regulations
that describe the agency’s procedures
for carrying out the provisions of the
Privacy Act. CEQ first adopted its
Privacy Act regulations in 1977,7
codified at 40 CFR part 1516.
CEQ is revising and republishing its
Privacy Act regulation in its entirety to
make it easier for the public to
understand and use and to reflect
updates to CEQ’s Privacy Act
procedures over the past five decades.
II. Discussion of Comments on the
Notice of Proposed Rulemaking
On December 11, 2024, CEQ
published a notice of proposed
rulemaking for public comment.8 The
public comment period concluded on
January 10, 2025. Two commenters
provided input on the proposal during
the public comment period. As noted
above, their comments are available on
www.regulations.gov under docket
number CEQ–2024–0001.
Comment 1: One commenter
recommended that CEQ explicitly
incorporate the ‘‘presumption of
openness’’ in its FOIA regulations. The
presumption of openness, which
Congress codified in the FOIA through
the FOIA Improvement Act of 2016,
directs agencies to withhold information
in response to a FOIA request ‘‘only if
. . . the agency reasonably foresees that
disclosure would harm an interest
protected by an exemption [under the
FOIA],’’ or disclosure is prohibited by
law. 5 U.S.C. 552(a)(8)(A). As the
Memorandum of the Attorney General
dated March 15, 2022, explains, the
presumption means that ‘‘[i]nformation
that might technically fall within an
exemption should not be withheld from
a FOIA requester unless the agency can
identify a foreseeable harm or legal bar
to disclosure.’’ 9
As CEQ noted in the preamble to the
proposed rule, CEQ currently
administers its FOIA program consistent
7 CEQ, Procedures for Gaining Access to
Information Under the Privacy Act of 1974; Final
Regulations, 42 FR 32537 (June 27, 1977); see also
Procedures for Gaining Access to Information
Under the Privacy Act of 1974, Correction to Final
Regulations, 42 FR 35960 (July 13, 1977) (technical
amendment).
8 CEQ, Freedom of Information Act and Privacy
Act Regulations, 89 FR 99799 (Dec. 11, 2024).
9 Department of Justice, Freedom of Information
Act Guidelines (Mar. 15, 2022), https://
www.justice.gov/media/1212566/dl.
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with the presumption of openness and
will continue to do so under its revised
regulations. CEQ has revised the
language of § 1515.16(b) to clarify that it
applies the presumption of openness in
its FOIA program.
Comment 2: One commenter
recommended that CEQ revise § 1515.4
to clarify that, when a FOIA requester
submits an appeal, a CEQ official other
than the one who was responsible for
processing the original request will
process the appeal. The commenter
observed that the Department of
Justice’s Office of Information Policy,
which provides guidance to agencies on
FOIA administration, recommends this
practice.10 Consistent with this
recommendation, the commenter
recommended that CEQ delete the last
sentence of § 1515.4(b) (‘‘Otherwise, the
Chief FOIA Officer or the Chief FOIA
Officer’s designee is responsible for
processing FOIA appeals.’’).
CEQ agrees with the commenter that
it is good practice to assign the
processing of a FOIA appeal to a
different official than the one who was
responsible for processing the original
FOIA request. CEQ routinely follows
this practice in its administration of the
FOIA. CEQ is a small agency, however,
whose size varies widely from one
Presidential Administration to the next.
From time to time, it may not be
reasonably possible to assign a FOIA
appeal to a different official than the
one who reviewed the original request,
if CEQ lacks sufficient personnel with
FOIA expertise. Accordingly, CEQ has
inserted a sentence in § 1515.22(b) to
explain that, whenever reasonably
practicable, CEQ will assign the
processing of a FOIA appeal to a
different official than the one who was
responsible for processing the original
request.
Comment 3: One commenter
recommended that CEQ modify
§ 1515.11 and proposed § 1515.20 to
change the requirement to include the
phrase ‘‘Freedom of Information Act
Request’’ in the subject line of a request
(or ‘‘Freedom of Information Act
Appeal’’ in the subject line of an appeal,
as the case may be) into a
recommendation.
CEQ agrees with the commenter that
the FOIA statute does not impose this
requirement. CEQ regularly receives
correspondence, however, that is
unclear about whether the sender is
making a request for records or seeking
some other kind of official action. CEQ
10 Department
of Justice, OIP Guidance:
Adjudicating Administrative Appeals Under the
FOIA (Aug. 12, 2021), https://www.justice.gov/oip/
oip-guidance/Adjudicating%20Administrative
%20Appeals%20Under%20the%20FOIA.
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has changed the language of §§ 1515.11
and 1515.21 to provide that FOIA
requests and appeals must clearly
identify themselves as such, and
encourage, but do not require them to
use the phrase ‘‘Freedom of Information
Act Request’’ or ‘‘Freedom of
Information Act Appeal.’’
Comment 4: One commenter
recommended that CEQ change
§ 1515.19(a)(4) to refer to ‘‘records,’’
rather than ‘‘information,’’ for
consistency with the FOIA statute. CEQ
has made this change.
III. Summary of the Final Rules
A. Part 1515—Freedom of Information
Act Procedures
1. Subpart A—The Council on
Environmental Quality’s FOIA Program
Section 1515.1—What is the purpose
of the rules in this part? This section
describes the purpose of part 1515,
which is to set forth CEQ’s FOIA
procedures, and explains the limitations
of the regulations.
Section 1515.2—What kind of records
does CEQ maintain? This section
explains CEQ’s activities and legal
authorities.
Section 1515.3—Are there any CEQ
records that CEQ proactively discloses
and for which I do not have to make a
request? This section describes CEQ
information the public can access
without filing a FOIA request. In the
final rule, CEQ uses the term ‘‘proactive
disclose’’ in the title and provision to
improve clarity.
Section 1515.4—Who is responsible
for processing FOIA requests and
appeals to CEQ? This section explains
the roles of Chief FOIA Officer and
FOIA Appeals Officer at CEQ.
Section 1515.5—Who can help me
with my FOIA request to CEQ? This
section explains that FOIA requesters
can obtain assistance from CEQ’s FOIA
Public Liaison and dispute resolution
services from the National Archives and
Records Administration’s Office of
Government Information Services. In
the final rule, CEQ clarifies in
§ 1515.5(b) that CEQ will actively
engage when CEQ agrees to participate
in the voluntary dispute resolution
services consistent with the Template.
Section 1515.6—What are CEQ’s
procedures for preserving records? This
section explains CEQ’s procedures for
preserving records in connection with
its administration of the FOIA.
2. Subpart B—Making a FOIA Request
and Receiving a Response
Section 1515.11—How do I make a
FOIA request to CEQ? This section
explains how members of the public
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may request CEQ records under the
FOIA. It also describes CEQ’s
procedures for clarifying requests that
do not reasonably describe the records
that the requester is seeking.
Section 1515.12—Will CEQ keep my
request confidential? This section notes
that FOIA requests and the identities of
FOIA requesters are generally matters of
public record. In the final rule, CEQ
adds ‘‘generally’’ in the second
sentence, for consistency with the third
sentence, to account for certain
circumstances where CEQ determines it
appropriate to withhold a requester’s
identity.
Section 1515.13—When will CEQ
respond to my request? This section
describes CEQ’s timeline for responding
to FOIA requests, including
circumstances in which CEQ will
extend or pause the ordinary time
period for processing FOIA requests. In
the final rule, CEQ adds to the
explanation of ‘‘unusual circumstances’’
in § 1515.13(b)(1) the need to search
separate facilities consistent with 5
U.C.C. 552(a)(6)(B)(iii)(I), and adds the
term ‘‘aggregate’’ for clarity in
§ 1515.13(b)(2).
Section 1515.14—What if my request
is urgent? This section explains how to
ask CEQ to expedite its processing of a
FOIA request or appeal.
Section 1515.15—How will CEQ
process my request? This section
describes CEQ’s procedures for
processing requests and circumstances
in which CEQ will deny requests. In the
final rule, in § 1515.13(b)(3), CEQ
changes ‘‘will include’’ to ‘‘may
include’’ before ‘‘CEQ’s estimate of the
date on which we will respond to your
request.’’ CEQ makes this change
because FOIA does not require CEQ to
provide such a date, but CEQ considers
it a best practice to provide an estimate
when it is able to do so.
Section 1515.16—How does CEQ
determine when to withhold records or
portions of a record? This section
describes CEQ’s procedures for applying
the statutory exemptions from
disclosure set forth in the FOIA.
Section 1515.17—What if I request
records that involve another
Government office or agency? This
section describes CEQ’s procedures for
consulting with other Federal agencies
regarding whether to disclose or
withhold particular records in response
to a FOIA request, as well as CEQ’s
procedures for referring records to
another agency for processing.
Section 1515.18—What happens if
CEQ grants my request in full or in part?
This section describes CEQ’s procedure
for disclosing records in response to a
FOIA request.
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Section 1515.19—What happens if
CEQ denies my request in full or in part?
This section describes CEQ’s procedure
for withholding records in response to
a FOIA request.
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3. Subpart C—Appealing a FOIA
Request
In the final rule, CEQ revised the
numbering from the proposed rule to
start with § 1515.21 instead of § 1515.20.
Section 1515.21—Can I appeal CEQ’s
response to my request? This section
describes how a FOIA requester may
appeal a determination that CEQ made
in processing the requester’s request.
Section 1515.22—How will CEQ
process my appeal? This section
describes CEQ’s procedures for
upholding, reversing, or modifying a
prior determination on appeal. In the
final rule, CEQ adds paragraph (e), to
clarify that ordinarily, it will not
adjudicate an appeal if the request
becomes the subject of litigation.
4. Subpart D—Fees for FOIA Requests
and Appeals
Section 1515.31—Can CEQ charge
fees for processing FOIA requests and
appeals? This section explains that CEQ
charges fees for processing FOIA
requests, but not appeals, and describes
the rules that CEQ will follow in
determining whether to charge a fee and
the amount of the fee. As in CEQ’s
current FOIA regulation, the provisions
of this section and the subsequent
sections reflect OMB’s Uniform
Freedom of Information Act Fee
Schedule and Guidelines.
Section 1515.32—What is the amount
of the fee for processing a request? This
section describes how CEQ will
determine the amount of the fee for
processing a FOIA request.
Section 1515.33—Are there any
exceptions for special requesters? This
section describes the services that CEQ
will exclude from the calculation of fees
for non-commercial requesters, in
general, and for representatives of noncommercial scientific institutions,
educational institutions, and the news
media, in particular.
Section 1515.34—Can I apply for a fee
waiver? This section describes the
availability of fee waivers and explains
the criteria CEQ will apply in
determining whether to grant a fee
waiver.
Section 1515.35—When will CEQ
contact me about fee-related matters?
This section describes CEQ’s procedures
for contacting FOIA requesters to
resolve fee-related matters.
Section 1515.36—Do I have to pay
fees if CEQ misses the deadline for
responding to my request? This section
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describes the circumstances in which
CEQ will not charge fees for processing
a FOIA request because CEQ did not
respond to the request within the time
period set forth in the FOIA.
Section 1515.37—When are fees due
and how do I pay them? This section
describes when and how FOIA
requesters must pay fees to CEQ,
including the circumstances in which
CEQ may require a FOIA requester to
pay fees in advance.
Section 1515.38—What will CEQ do if
I do not promptly pay the fee? This
section explains when CEQ will charge
interest and use debt collection
procedures.
5. Subpart E—Confidential Commercial
Information and Preservation of Records
Section 1515.41—How does CEQ
handle confidential commercial
information? This section implements
the requirements of Executive Order
(E.O.) 12600, Predisclosure Notification
Procedures for Confidential Commercial
Information,11 which directs Federal
agencies to allow submitters of
information to designate records that
contain confidential commercial
information and to notify submitters
when a FOIA requester seeks disclosure
of confidential commercial information.
B. Part 1516—Privacy Act
Implementation
Section 1516.1—What is the purpose
of this part? This section describes the
purpose of part 1516, which is to set
forth CEQ’s Privacy Act procedures.
Section 1516.2—What records does
this part cover? This section explains
when part 1516 applies and explains the
meaning of ‘‘record’’ and ‘‘system of
records’’ for purposes of part 1516.
Section 1516.3—When will CEQ
disclose records about me? This section
describes the conditions under which
CEQ will disclose records, which are (1)
in response to an individual’s request
for the individual’s own records; (2) as
part of a routine use of records; or (3)
pursuant to one of the other bases for
disclosure that appear in section 3 of the
Privacy Act, 5 U.S.C. 552a(b).
Section 1516.4—How can I obtain
access to CEQ’s records about me? This
section describes the procedures for an
individual to request access to the
individual’s own records.
Section 1516.5—How can I obtain
information about how CEQ has used its
records about me? This section
describes the procedures for an
individual to request an accounting of
disclosures of the individual’s own
records.
11 52
PO 00000
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Section 1516.6—How can I ask CEQ
to correct my records? This section
describes the procedures for an
individual to request an amendment of
the individual’s own records and
explains how CEQ will review such a
request.
Section 1516.7—How can I appeal
CEQ’s decision to deny my request to
access or correct records about me? This
section describes the procedures for an
individual to appeal CEQ’s denial of the
individual’s request to amend the
individual’s own records.
Section 1516.8—Will CEQ charge me
a fee for a copy of my records? This
section describes the fees CEQ will
charge for copies of records.
IV. Regulatory Analysis and Notices
A. Regulatory Flexibility Act and
Executive Order 13272, Proper
Consideration of Small Entities in
Agency Rulemaking
The Regulatory Flexibility Act (RFA),
as amended, 5 U.S.C. 601 et seq., and
E.O. 13272, Proper Consideration of
Small Entities in Agency Rulemaking,12
require agencies to assess the impacts of
proposed and final rules on small
entities. Under the RFA, small entities
include small businesses, small
organizations, and small governmental
jurisdictions. An agency must prepare
an Initial Regulatory Flexibility
Analysis (IRFA) unless it determines
and certifies that the rule, if
promulgated, would not have a
significant economic impact on a
substantial number of small entities. 5
U.S.C. 605(b). The FOIA authorizes
Federal agencies to charge fees only to
certain requesters, and only in order to
recover the direct costs of searching for,
reviewing, and duplicating agency
records. Under the final rule, CEQ will
continue to charge fees in accordance
with the FOIA and guidelines from DOJ
and OMB. The Privacy Act authorizes
Federal agencies to charge fees only to
individuals, and accordingly CEQ will
not charge fees under the Privacy Act to
small entities within the meaning of the
RFA.
The fees that CEQ assesses for
processing FOIA requests are nominal
and will not have a significant impact
on a substantial number of small entities
within the meaning of the RFA.
Accordingly, CEQ hereby certifies that
the rule will not have a significant
economic impact on a substantial
number of small entities.
B. Unfunded Mandates Reform Act
Section 201 of the Unfunded
Mandates Reform Act of 1995 (Pub. L.
12 67
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104–4, 2 U.S.C. 1531), requires Federal
agencies to assess the effects of their
regulatory actions on State, Tribal, and
local governments, and the private
sector to the extent that such regulations
incorporate requirements specifically
set forth in law. Before promulgating a
rule that may result in the expenditure
by a State, Tribal, or local government,
in the aggregate, or by the private sector
of $100 million, adjusted annually for
inflation, in any 1 year, an agency must
prepare a written statement that assesses
the effects on State, Tribal, and local
governments and the private sector. 2
U.S.C. 1532. This final rule will apply
only to requesters under the FOIA or the
Privacy Act and will not result in
expenditures of $100 million or more
for State, Tribal, and local governments,
in the aggregate, or the private sector in
any 1 year. This final action also will
not impose any enforceable duty,
contain any unfunded mandate, or
otherwise have any effect on small
governments subject to the requirements
of 2 U.S.C. 1531–1538.
C. Executive Order 12866, Regulatory
Planning and Review
E.O. 12866, as supplemented and
affirmed by E.O. 13563 and amended by
E.O. 14094, provides that the Office of
Information and Regulatory Affairs will
review any regulatory action that
qualifies as a ‘‘significant regulatory
action’’ within the meaning of the E.O.13
The final rule does not qualify as a
significant regulatory action.
D. Executive Order 12988, Civil Justice
Reform
Under section 3(a) of E.O. 12988,14
agencies must review their proposed
regulations to eliminate drafting errors
and ambiguities, draft them to minimize
litigation, and provide a clear legal
standard for affected conduct. Section
3(b) provides a list of specific matters
that agencies must consider when
conducting the review required by
section 3(a). CEQ has conducted this
review and determined that this final
rule complies with the requirements of
E.O. 12988.
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E. Paperwork Reduction Act
This final rule will not impose any
new information collection burden that
will require additional review or
approval by OMB under the Paperwork
13 See E.O. 12866, Regulatory Planning and
Review, 58 FR 51735, 51737 (Oct. 4, 1993); E.O.
14094, Modernizing Regulatory Review, 88 FR
21879, 21879–80 (Apr. 11, 2023); E.O. 13563,
Improving Regulation and Regulatory Review, 76 FR
3821, 3822 (Jan. 21, 2011).
14 61 FR 4729 (Feb. 7, 1996).
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Reduction Act (PRA), 44 U.S.C. 3501 et
seq.
F. National Environmental Policy Act
(NEPA)
The National Environmental Policy
Act of 1969 (NEPA) (Pub. L. 118–5, 42
U.S.C. 4321 et seq.), as amended, and
the CEQ regulations that implement
NEPA, 40 CFR parts 1500 through 1508,
require consideration of the
environmental effects of proposed
actions in agency decision making.
NEPA provides for three levels of
review. First, agencies may establish in
their agency-specific NEPA procedures
categorical exclusions (CEs) for
categories of actions that normally do
not have a significant effect on the
human environment, individually or in
the aggregate, and apply CEs to
individual actions, as appropriate.15 If
an agency proposes to take an action
that does not fall within a CE but is not
likely to have significant environmental
effects (or the significance of whose
effects is unknown), CEQ’s NEPA
regulations direct the agency to prepare
an environmental assessment (EA).16 If,
as a result of this assessment, the agency
determines that the proposed action will
not have significant effects, the agency
may make a finding of no significant
impact (FONSI), in which case the
agency may proceed with the action.17
Otherwise, the agency must prepare an
environmental impact statement (EIS).18
CEQ has not established a CE for the
dissemination of information under the
FOIA; the disclosure of records under
the Privacy Act; or the preparation,
revision, and adoption of regulations
generally. Accordingly, CEQ prepared
an EA to determine whether the
revisions to CEQ’s FOIA and Privacy
Act regulations would have a significant
effect on the human environment.
Because, as set forth below, the final
regulations will likely result in a small
reduction in the use of resources in
CEQ’s administration of the FOIA and
the Privacy Act, CEQ finds that the final
rule will have no significant impact on
the human environment and that it is
therefore unnecessary to prepare an EIS.
1. Environmental Assessment
Purpose and Need: As set forth in the
proposed rule and the above Summary
of the Final Rule, CEQ adopted its FOIA
regulations in 1977 and has not updated
them to reflect developments in FOIA
law, policy, and practice since 2010. As
such, the current regulations fail to
15 40
CFR 1501.4(a).
§ 1501.5(a).
17 Id. § 1501.6.
18 40 CFR part 1502.
16 Id.
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6831
reflect current FOIA requirements,
including those set forth in the FOIA
Improvement Act of 2016. Furthermore,
CEQ’s current FOIA regulations do not
conform in all points to the Template
and the directions in the Plain Writing
Act of 2010, and do not fully reflect
CEQ’s current policy and practice with
respect to the FOIA. Likewise, CEQ
adopted its Privacy Act regulations in
1977, and has not updated them since
that time to reflect updates to CEQ’s
Privacy Act procedures.
Proposed Action and Alternatives: A
summary of the final action, which is
one of two action alternatives analyzed
in this EA, is set forth in the NPRM and
in the above Summary of the Final Rule.
Under a no action alternative, CEQ
would continue to operate under its
current regulations, addressing
inconsistencies between the regulations
and current law and agency procedure
on a case-by-case basis. CEQ has
decided that this approach is
undesirable because it is confusing to
the public and requires CEQ staff to
address inconsistencies between the
regulation, the law, and agency
procedure that CEQ can obviate by
updating the regulation.
CEQ considered another action
alternative of making only narrowly
tailored amendments to its current FOIA
regulations in order to implement the
FOIA Improvement Act of 2016. While
this alternative would eliminate direct
inconsistencies between CEQ’s
regulations and the FOIA, it would not
address inconsistencies between CEQ’s
FOIA regulations, the Template and
CEQ’s FOIA policies and procedures, or
inconsistencies between CEQ’s Privacy
Act regulations and CEQ’s practice in
implementing the Privacy Act.
CEQ’s preferred alternative is to
amend its regulations as described in
the proposed rule and this final rule, for
the reasons set forth in parts I through
III of this preamble.
Environmental Effects of Alternatives:
CEQ’s FOIA and Privacy Act programs
affect the environment primarily
through requesters’ use of paper and
energy in submitting requests and CEQ’s
use of paper and energy in searching for,
reviewing, and duplicating responsive
records. CEQ’s use of paper and energy
for these purposes has remained within
the range typical of the operations of a
small office. Currently, CEQ accepts
FOIA and Privacy Act requests by mail
and fax, which require the use of paper
and energy to print and transmit
requests to CEQ. The final regulations
will direct FOIA and Privacy Act
requesters to submit their requests
electronically if they are able to do so,
thereby reducing the use of paper and
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energy associated with mailed and faxed
requests. CEQ receives requests by fax
or mail infrequently, however, so any
reduction in the use of resources is
likely to be modest. In addition, by
improving the public’s timely access to
information contained in CEQ records,
the final regulations support the
meaningful involvement of all
communities, including communities
with environmental justice concerns, in
Federal decision-making processes.
List of Agencies and Persons
Consulted: CEQ’s NEPA staff reviewed
and commented on this EA, the
proposed rule, and this final rule.
2. Finding of No Significant Impact
Based on the foregoing EA, CEQ finds
that implementation of the final
regulations will reduce the use of paper
and energy resources in CEQ’s FOIA
and Privacy Act programs, streamline
CEQ’s FOIA and Privacy Act
procedures, make CEQ more accessible
and responsive to the public, and
improve the opportunity for all
communities to access information and
be meaningfully involved in Federal
decision-making processes. Thus, there
will be no significant environmental
effects associated with implementation
of the proposed action, and it is not
necessary for CEQ to prepare an EIS.
CEQ further finds that the final action
is not one that normally requires the
preparation of an EIS, closely similar to
such an action, or an action without
precedent.
40 CFR Part 1515
Administrative practice and
procedures, Courts, Freedom of
information, Government employees,
Records.
40 CFR Part 1516
Administrative practice and
procedures, Courts, Government
employees, Privacy, Records.
Amy B. Coyle,
Principal Deputy General Counsel.
For the reasons discussed in the
preamble, the Council on
Environmental Quality revises and
republishes 40 CFR parts 1515 and 1516
to read as follows:
ddrumheller on DSK120RN23PROD with RULES1
■
PART 1515—FREEDOM OF
INFORMATION ACT PROCEDURES
Subpart A—The Council on
Environmental Quality’s FOIA Program
Sec.
1515.1 What is the purpose of the rules in
this part?
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Subpart B—Making a FOIA Request
and Receiving a Response
Sec.
1515.11 How do I make a FOIA request to
CEQ?
1515.12 Will CEQ keep my request
confidential?
1515.13 When will CEQ respond to my
request?
1515.14 What if my request is urgent?
1515.15 How will CEQ process my request?
1515.16 How does CEQ determine when to
withhold records or portions of a record?
1515.17 What if I request records that
involve another Government office or
agency?
1515.18 What happens if CEQ grants my
request in full or in part?
1515.19 What happens if CEQ denies my
request in full or in part?
Subpart C—Appealing a FOIA Request
Sec.
1515.21 Can I appeal CEQ’s response to my
request?
1515.22 How will CEQ process my appeal?
Subpart D—Fees for FOIA Requests
and Appeals
Sec.
1515.31 Can CEQ charge fees for processing
FOIA requests and appeals?
1515.32 What is the amount of the fee for
processing a request?
1515.33 Are there any exceptions for
special requesters?
1515.34 Can I apply for a fee waiver?
1515.35 When will CEQ contact me about
fee-related matters?
1515.36 Do I have to pay fees if CEQ misses
the deadline for responding to my
request?
1515.37 When are fees due and how do I
pay them?
1515.38 What will CEQ do if I do not
promptly pay the fee?
List of Subjects
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1515.2 What kind of records does CEQ
maintain?
1515.3 Are there any CEQ records that CEQ
proactively discloses and for which I do
not have to make a request?
1515.4 Who is responsible for processing
FOIA requests and appeals to CEQ?
1515.5 Who can help me with my FOIA
request to CEQ?
1515.6 What are CEQ’s procedures for
preserving records?
Subpart E—Confidential Commercial
Information and Preservation of
Records
Sec.
1515.41 How does CEQ handle confidential
commercial information?
Authority: 5 U.S.C. 552; E.O. 13392, 70 FR
75373, 3 CFR, 2005 Comp., p. 216; Pres.
Mem., 74 FR 4685, 3 CFR, 2009 Comp., p.
338.
Section 1515.41 also issued under E.O.
12600, 52 FR 23781, 3 CFR, 1987 Comp., p.
235.
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Subpart A—The Council on
Environmental Quality’s FOIA Program
§ 1515.1 What is the purpose of the rules
in this part?
(a) This part explains how you, a
member of the public, may request
copies of records from the Council on
Environmental Quality (CEQ) under the
Freedom of Information Act (FOIA).
You can find the text of the FOIA at 5
U.S.C. 552.
(b) Nothing in this part entitles you to
any service or to the disclosure of any
record to which you are not entitled
under the FOIA.
§ 1515.2 What kind of records does CEQ
maintain?
CEQ carries out responsibilities under
the National Environmental Policy Act
of 1969, as amended (42 U.S.C. 4321–
4347); the Environmental Quality
Improvement Act of 1970, as amended
(42 U.S.C. 4371–4375); Reorganization
Plan No. 1 of 1977 (July 15, 1977); and
various Executive orders, among other
authorities. CEQ maintains certain
records on these subjects, among others.
§ 1515.3 Are there any CEQ records that
CEQ proactively discloses and for which I
do not have to make a request?
Yes. The FOIA requires CEQ to
proactively disclose—that is, to make
certain records available for public
inspection online—records that have
been or are likely to become the subject
of repeated requests. You can find those
records, together with an index, at
https://www.whitehouse.gov/ceq/foia/.
§ 1515.4 Who is responsible for
processing FOIA requests and appeals to
CEQ?
(a) CEQ’s Chief FOIA Officer oversees
the administration of requests made to
CEQ under the FOIA. The Chief FOIA
Officer, or the Chief FOIA Officer’s
designee, is responsible for processing
and granting or denying FOIA requests.
The Chair of CEQ appoints the Chief
FOIA Officer.
(b) The Chief FOIA Officer may
appoint a FOIA Appeals Officer. If the
Chief FOIA Officer does so, the FOIA
Appeals Officer or the FOIA Appeals
Officer’s designee is responsible for
processing and granting or denying
FOIA appeals. Otherwise, the Chief
FOIA Officer or the Chief FOIA Officer’s
designee is responsible for processing
FOIA appeals.
§ 1515.5 Who can help me with my FOIA
request to CEQ?
(a) You may contact CEQ’s FOIA
Public Liaison for assistance with your
FOIA request, including help in
formulating your request and
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information about the status of your
request, or to submit concerns about
CEQ’s handling of your request. You can
contact CEQ’s FOIA Public Liaison by
email at efoia@ceq.eop.gov or by phone
at 202–395–5750. For additional contact
information, visit https://www.foia.gov
and choose ‘‘Council on Environmental
Quality’’ in the index of Government
agencies.
(b) If you have a dispute with CEQ
over its handling of your FOIA request,
you may contact the National Archives
and Records Administration’s Office of
Government Information Services for
assistance or dispute resolution services
by calling (202) 741–5770 or visiting
https://archives.gov/ogis. If CEQ agrees
to participate in the voluntary dispute
resolution services provided by the
Office of Government Information
Services, CEQ will actively engage as a
partner to the process in an attempt to
resolve the dispute.
(c) If you are an individual with a
disability, CEQ will provide you with
access to and use of information and
data through its FOIA program that is
comparable to the access to and use of
the information and data by members of
the public who are not individuals with
disabilities, unless doing so would
impose an undue burden on CEQ.
(d) If your proficiency in English is
limited, CEQ will take steps as
appropriate to provide you with
meaningful access to CEQ’s FOIA
program.
§ 1515.6 What are CEQ’s procedures for
preserving records?
(a) CEQ preserves records pursuant to
title 44 of the United States Code and
the Records Schedules issued by the
Archivist of the United States.
(b) CEQ will not dispose of or destroy
agency records that are the subject of a
pending request, appeal, or lawsuit
under the FOIA.
Subpart B—Making a FOIA Request
and Receiving a Response
ddrumheller on DSK120RN23PROD with RULES1
§ 1515.11
to CEQ?
How do I make a FOIA request
(a) You must make your request by
email to efoia@ceq.eop.gov or by
completing the request form at https://
www.foia.gov. If you are not able to
make your request by either of these
methods, please contact CEQ’s FOIA
Public Liaison for assistance.
(b) When making a request to CEQ,
you must:
(1) Clearly indicate that you are
making a request for records, such as by
including ‘‘Freedom of Information Act
Request’’ in the subject line if you are
submitting your request by email. If
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your email includes attachments, you
must enter your request in the body of
the email in addition to the attachment.
(2) Identify or reasonably describe the
records you are requesting in sufficient
detail to enable CEQ personnel to locate
them with a reasonable amount of effort.
Make your request as specific as you
can. If possible, include the date (or a
range of dates), title or name, author,
recipient, subject matter, case number,
file designation, or reference number for
the records you seek.
(3) Explain if you need CEQ to
provide the records in a particular form
or format. CEQ ordinarily provides
records in Portable Document Format
(PDF), but CEQ will provide its response
in the format you request if it is
reasonably practicable to do so.
(4) Provide your contact information,
such as your phone number, your email
address, or both, so that CEQ is able to
contact you, as necessary, regarding the
status of your request and to clarify
matters related to your request.
(5) Indicate the maximum amount you
are willing to pay in fees, as described
in subpart E of this part. If you are
requesting a fee waiver as part of your
initial request, include the statement
described at § 1515.34(a).
(6) If applicable, include a signed
letter on your institution’s official
letterhead, stating that you believe you
qualify for a reduction of fees, as
described in § 1515.33, because you are
a representative of a non-commercial
scientific institution, a representative of
an educational institution, or a member
of the news media.
(c) If you are requesting information
that is subject to the Privacy Act of 1974
(i.e., records about you that CEQ
maintains in a system of records), you
must follow the procedures under part
1516 of this chapter, instead of the
procedures in this part.
(d) If you are requesting copies of
ethics-related documents that CEQ
makes available pursuant to section 105
of the Ethics in Government Act of 1978
(such as CEQ employees’ public
financial disclosure reports), you must
follow the procedures at 5 CFR
2634.603, instead of the procedures in
this part. For more information, visit the
U.S. Office of Government Ethics
website at https://www.oge.gov.
(e) If CEQ determines that your
request does not reasonably describe the
records you are seeking, such that CEQ
would not be able to locate the records
you have requested with a reasonable
amount of effort, CEQ will notify you
and explain what additional
information you need to provide
regarding the records that you seek.
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6833
(1) For example, if you request all
records related to a broad subject or all
communications between CEQ and a
third party, we will generally ask you to
clarify the scope of your request.
(2) Furthermore, your request must
seek existing records of CEQ; we will
not create new records or compile new
information in order to respond to a
FOIA request.
(3) If you have not provided a way to
contact you, or you do not respond to
our inquiry within 30 working days (i.e.,
excepting Saturdays, Sundays, and
Federal holidays), CEQ will
administratively close your request. If
possible, we will notify you of the
closure.
§ 1515.12 Will CEQ keep my request
confidential?
No. CEQ generally will not keep your
request confidential. A FOIA request,
including the requester’s identity, is
generally a matter of public record. CEQ
publishes logs of requests and
requesters at https://
www.whitehouse.gov/ceq/foia/.
§ 1515.13
request?
When will CEQ respond to my
(a) CEQ’s Chief FOIA Officer or the
Chief FOIA Officer’s designee will make
an initial determination of how CEQ
will respond to your request within 20
working days from the date that CEQ
received your request, except as
provided in this section.
(b) If CEQ is unable to make a
determination within the 20-day period
because of ‘‘unusual circumstances,’’ we
may extend the period of time in which
we will respond to your request.
(1) ‘‘Unusual circumstances’’ exist
when, in order to properly process your
request, CEQ must search for, collect,
and appropriately examine a
voluminous amount of separate and
distinct records, CEQ must consult with
another agency or another component of
the Executive Office of the President, or
CEQ must search at separate facilities.
(2) In determining whether ‘‘unusual
circumstances’’ are present, CEQ may
aggregate and treat multiple requests on
clearly related matters from you (or from
other persons acting in concert with
you) as a single request.
(3) Before the conclusion of the 20day period, CEQ will notify you of the
‘‘unusual circumstances’’ that apply and
the date by which we estimate we will
complete processing your request.
(4) When the extension will exceed 10
working days, CEQ will provide you the
opportunity to modify the request or
arrange an alternative time period for
processing the original or modified
request.
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(c) If CEQ reasonably requires
additional information from you to
clarify your request or to resolve feerelated matters, we may toll (i.e., pause)
the 20-day period, or any extension of
that period, from the date we request
information from you until the date you
respond. We will only toll the response
period one time for the purpose of
clarifying your request, but we may toll
the response period more than once to
resolve fee-related matters.
ddrumheller on DSK120RN23PROD with RULES1
§ 1515.14
What if my request is urgent?
(a) You may ask CEQ to expedite the
processing of your FOIA request or
appeal. If CEQ agrees to expedite
processing of your request or appeal, we
will process it with priority over nonexpedited requests and appeals and
respond to you as quickly as possible.
(b) CEQ will expedite requests or
appeals if:
(1) Failing to expedite the request or
appeal could reasonably be expected to
pose an imminent threat to the life or
physical safety of an individual; or
(2) You are primarily engaged in
disseminating information (e.g., you are
a member of the news media), and you
have an urgent need to inform the
public about an actual or alleged
Federal Government activity, beyond
the public’s right to know about
Government activity generally.
(c) You may ask for expedited
processing when you make your initial
request or appeal, or at any later time.
(d) In order to ask for expedited
processing, you must submit a
statement, certified to be true and
correct, that explains in detail why your
request or appeal satisfies the
requirements of paragraph (b)(1) or (2)
of this section. If you believe that you
have an urgent need to inform the
public about an actual or alleged
Federal Government activity, you
should provide examples of other
coverage of the same or related subjects,
if possible. CEQ may waive the formal
certification requirement at its
discretion.
(e) CEQ will notify you within 10
calendar days whether we will grant or
deny you expedited processing.
(f) If CEQ denies you expedited
processing, you may appeal that
determination using the procedures in
subpart C of this part. We will process
your appeal as promptly as we can.
§ 1515.15
request?
How will CEQ process my
(a) If your request does not reasonably
describe the records you seek; the
information you have requested is not a
record subject to FOIA; CEQ has already
published the information you are
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requesting; or your request does not
follow the procedures described in the
regulations in this part, we will deny
your request in accordance with
§ 1515.19.
(b) If your request reasonably
describes the records you seek and
otherwise comports with the procedures
described in this part, CEQ will process
your request as follows:
(1) CEQ will acknowledge your
request in writing and assign it an
individualized tracking number. The
written acknowledgment may include
CEQ’s estimate of the date on which we
will respond to your request.
(2) CEQ will search for agency records
that respond to your request. CEQ
ordinarily will search records in our
possession as of the date that we begin
our search. We will notify you if we use
a different date.
(3) If CEQ finds records that you have
requested, we will determine whether to
grant your request (i.e., provide you
with the records you have requested) or
to deny it (i.e., withhold the relevant
records from disclosure in accordance
with § 1515.16).
(4) Once CEQ has determined whether
to grant your request in full, grant it in
part and deny it in part, or deny it in
full, we will notify you of our
determination in writing.
(c) If CEQ determines that it has a
voluminous amount of records
responsive to your request, or if your
request requires CEQ to search for
records in multiple locations (electronic
or physical), CEQ may provide you with
one or more interim responses, releasing
responsive records to you on a rolling
basis.
§ 1515.16 How does CEQ determine when
to withhold records or portions of a record?
(a) If CEQ finds records that are
responsive to your request, we will
review the records to determine whether
to withhold any of the records or
portions of individual records.
(b) The FOIA identifies nine
exemptions to the requirement that
agencies provide agency records upon
request. CEQ will only withhold a
record or a portion of a record under
one of these exemption to the FOIA if
CEQ reasonably foresees that disclosing
it would harm an interest that the
exemption protects. In determining the
interests at stake in disclosing or
withholding CEQ records, we bear in
mind that Congress, in creating CEQ,
intended for the CEQ Chair to serve as
a confidential advisor to the President
and the President’s immediate advisors
on matters of environmental policy.
(c) CEQ will also withhold a record,
or a portion of a record, if disclosing it
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would violate another provision of the
FOIA or a law other than the FOIA.
(d) If the record concerns another
government agency, CEQ generally will
involve the other agency in determining
whether to withhold the record or
portions of the record, using the
procedures at § 1515.17.
§ 1515.17 What if I request records that
involve another Government office or
agency?
(a) If CEQ determines that any of the
CEQ records you have requested involve
another agency in the Federal
Government, including another
component of the Executive Office of
the President, we generally will involve
the other agency in reviewing that
record in either of two ways.
(1) CEQ may consult with the other
agency regarding the record to obtain
the other agency’s views on whether the
record or portions of the record are
exempt from disclosure under the FOIA.
We will take the other agency’s views
into consideration when making a final
determination of whether to withhold
the record or any portions of the record.
(2) CEQ may refer the record to the
other agency, in which case the other
agency will determine whether the
record or portions of the record are
exempt from disclosure under the FOIA,
and will respond directly to you
regarding your request for the record. If
CEQ determines to refer records you
have requested to another agency, we
will notify you of the referral and
explain how to contact the other
agency’s FOIA officials.
(b) CEQ will choose between
consulting with another agency about a
record and referring the record to the
other agency according to the following
principles:
(1) Ordinarily, CEQ will use
consultation procedures for records that
originated with CEQ but that contain
information of interest to another
agency or office, and CEQ will refer
records that originated with another
agency to that agency.
(2) CEQ will typically refer a
classified record (or a portion of a
record) or a record that may be
appropriate for classification to the
agency that either classified the
information or should consider the
information for classification.
(c) CEQ may make agreements with
other agencies about how CEQ will
handle records involving that agency or
how that agency will handle records
involving CEQ. Any agreement we make
will comply with the FOIA and this
part.
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§ 1515.18 What happens if CEQ grants my
request in full or in part?
ddrumheller on DSK120RN23PROD with RULES1
Once you have paid the fees that are
due under subpart E of this part (if any),
CEQ will promptly provide you with a
copy of the records you requested,
except for the records or portions of
records we have determined to withhold
under § 1515.16. We will follow the
procedures in § 1515.19 with respect to
those records or portions of records.
show which portions we are
withholding and the FOIA exemptions
we applied in determining to withhold
those portions, unless doing so would
harm an interest protected by an
applicable FOIA exemption. If
technically feasible, we will mark the
record to indicate the location of the
portions we are withholding.
Subpart C—Appealing a FOIA Request
§ 1515.19 What happens if CEQ denies my
request in full or in part?
§ 1515.21 Can I appeal CEQ’s response to
my request?
(a) CEQ may deny your request in full
or in part for these reasons, among
others:
(1) CEQ determines to withhold all or
a portion of the records you requested
under § 1515.16;
(2) Your request does not reasonably
describe the records you seek;
(3) The information you requested is
not a record subject to the FOIA;
(4) CEQ has already published the
records you are requesting;
(5) The records you requested do not
exist, cannot be located, or have been
destroyed;
(6) The records you requested are not
readily reproducible in the form or
format you seek; or
(7) Your request does not comport
with the procedures set forth in this
part.
(b) If CEQ denies your request
regarding expedited processing or feerelated matters, we will also treat that as
a denial of your request in part and
follow the procedures in this section.
(c) If CEQ determines to deny your
request in full or in part, we will notify
you of the basis for the denial. The
notification will include the following
information:
(1) The name and title or position of
the person responsible for the denial;
(2) A brief statement of the reasons for
the denial, including any FOIA
exemption CEQ applied in determining
to withhold records (or portions thereof)
under § 1515.16;
(3) An estimate of the volume of the
records CEQ is withholding, unless the
volume is indicated by markings we
have made on the records we are
providing;
(4) A statement that you may appeal
the denial to CEQ, under subpart C of
this part, and an explanation of what
you must do to appeal; and
(5) A reminder that you can obtain
assistance from CEQ’s FOIA Public
Liaison and dispute resolution services
from the National Archives and Records
Administration’s Office of Government
Information Services.
(d) For each record CEQ discloses in
part, we will mark the record clearly to
(a) Yes. You may appeal CEQ’s
response if you disagree with any
determination that CEQ made in
responding to your request, including
CEQ’s determination to deny your
request in whole or in part, CEQ’s
determination to deny you expedited
processing, CEQ’s determination of how
to conduct the search for records, and
fee-related determinations.
(b) CEQ must receive your appeal
within 90 calendar days of the date on
which CEQ notified you of the relevant
determination in writing.
(c) You must make your appeal by
email to efoia@ceq.eop.gov. If you are
not able to make your appeal by email,
please contact CEQ’s FOIA Public
Liaison for assistance.
(1) Clearly indicate that you are
making an appeal, such as by including
‘‘Freedom of Information Act Appeal’’
in the subject line. If your email
includes attachments, you also must
explain your request in the body of the
email, in addition to the attachment.
(2) If you are not able to make your
appeal by email, please contact CEQ’s
FOIA Public Liaison for assistance.
(d) Your appeal must include your
request’s individualized tracking
number and must identify the specific
CEQ determinations you are appealing.
(e) If you fail to properly appeal a
determination that CEQ made in
processing your request, you may lose
your right to challenge that
determination in Federal court.
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§ 1515.22
appeal?
How will CEQ process my
(a) CEQ will review the
determinations you have appealed and
determine if they are consistent with
applicable law and policy. CEQ will
conduct this review de novo, which
means that CEQ will not presume that
its prior determinations were correct.
Whenever reasonably possible, CEQ will
assign your appeal to a different official
than the one who was responsible for
processing your original request.
(b) CEQ will respond to your appeal
within 20 working days from the date
that CEQ received your appeal.
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(c) If CEQ determines to uphold a
determination that you have appealed,
CEQ’s response will:
(1) Include a statement that identifies
our reasons for affirming the decision,
including any FOIA exemption CEQ
applied in determining to affirm our
determination to withhold a record or a
portion of a record; and
(2) Explain how to challenge our
determination by filing a lawsuit in
Federal court and how to seek dispute
resolution services from the National
Archives and Records Administration’s
Office of Government Information
Services.
(d) If CEQ determines to reverse or
modify a determination that you have
appealed, we will reprocess your
request in accordance with the reversed
or modified determination, using the
procedures set forth at § 1515.15.
(e) CEQ ordinarily will not adjudicate
an appeal if the appealed request
becomes the subject of litigation.
Subpart D—Fees for FOIA Requests
and Appeals
§ 1515.31 Can CEQ charge fees for
processing FOIA requests and appeals?
(a) Yes. CEQ may charge fees for
processing your FOIA request.
(b) CEQ will determine whether to
charge a fee and the amount of the fee
by using the rules in this subpart and
the Office of Management and Budget’s
Uniform Freedom of Information Act
Fee Schedule and Guidelines, as
amended.1
(c) CEQ will not charge fees for
deciding whether to grant or deny your
appeal. If CEQ grants your appeal, we
will charge fees for any additional
searching, reviewing, or duplication that
we carry out as a result of your appeal.
For instance, if you appeal our
determination of how to conduct the
search for records, and we grant your
appeal, we will conduct a new search in
the manner you requested and will
charge you fees accordingly.
§ 1515.32 What is the amount of the fee for
processing a request?
(a) CEQ will charge fees equal to:
(1) The basic hourly rate of pay for
each employee who participates in
searching for records, reviewing records,
or duplicating records (including
contract employees), multiplied by the
total number of hours that the employee
worked on your request (rounded to the
nearest quarter of an hour), plus 16
percent (to account for employee
benefits); plus
(2) The total direct costs that CEQ
incurs in searching for, reviewing, or
1 52
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FR 10016 (Mar. 27, 1987).
21JAR1
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duplicating records, such as the cost of
operating computers and other
electronic equipment, but excluding
overhead expenses such as the cost of
office space, heating, and lighting; plus
(3) An additional fee equal to the total
direct costs of any additional services
that you and CEQ agree upon, such as
providing multiple copies of a record.
(b) In determining the fee under
paragraph (a) of this section, CEQ will
use the following guidelines:
(1) ‘‘Searching for records’’ is the
process of looking for and retrieving the
records you requested (including by
electronic search) and determining
whether individual records contain the
information that you seek. CEQ will
charge fees for searching for records
even if we do not locate any records that
respond to your request, or even if we
determine not to disclose any of the
records that we locate.
(2) ‘‘Reviewing records’’ is the process
of examining records to determine
whether to withhold them, in
accordance with § 1515.16, and
preparing records for disclosure (for
instance, by marking records to indicate
which portions CEQ is withholding).
(i) ‘‘Reviewing records’’ also includes
the time CEQ spends obtaining and
considering the views of other
government agencies under § 1515.17
and the time CEQ spends obtaining and
considering formal objections to
disclosure under § 1515.41.
(ii) ‘‘Reviewing records’’ does not
include time CEQ spends resolving
general legal or policy questions
regarding the application of exemptions.
(iii) CEQ will charge fees for
reviewing records even if we determine
not to disclose any of the records that
we review.
(3) ‘‘Duplicating records’’ is the
process of reproducing records,
including scanning or printing records
as necessary, in order to provide you
with a copy.
(4) CEQ may include employee costs
and direct costs that another component
of the Executive Office of the President
incurs in assisting CEQ with your
request.
(c) CEQ will not charge fees if the
total is less than $25.00, or if we
determine that the cost of collecting the
fee would exceed the amount of the fee.
(d) If CEQ reasonably determines that
you (or other persons acting in concert
with you) have submitted multiple
requests on related matters for the
purpose of avoiding fees, we may
aggregate those requests and charge fees
accordingly.
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§ 1515.33 Are there any exceptions for
special requesters?
(a) Yes. CEQ makes the following
exceptions for special requesters:
(1) CEQ will not charge you fees for
searching for records if you are an
educational institution, a
noncommercial scientific institution, or
a representative of the news media.
Otherwise, CEQ will not charge you fees
for the first 2 hours of searching for
records, unless you are a commercial
requester.
(2) CEQ will not charge you fees for
reviewing records, unless you are a
commercial requester.
(3) CEQ will not charge you fees for
the first 100 pages of duplication (or an
equivalent cost for duplication in other
media), unless you are a commercial
requester.
(b) For purposes of applying the
exceptions in this section:
(1) You are a representative of a noncommercial scientific institution if your
institution operates solely for the
purpose of conducting scientific
research the results of which are not
intended to promote any particular
product or industry, and your request is
in furtherance of scientific research.
(2) You are a representative of an
educational institution if you work for
or study at a school that operates a
program of scholarly research and your
request is in furtherance of scholarly
research.
(3) You are a representative of the
news media if you or your employer
gathers information of potential interest
to a segment of the public, uses editorial
skills to turn the raw materials into a
distinct work, and distributes that work
to an audience, and your request is in
furtherance of these activities. For the
purposes of this paragraph (b), news
means information that is about events
of current interest to the public.
(i) If you are a freelance journalist,
CEQ will consider you a representative
of the news media if you can
demonstrate that you have a solid basis
to expect that a news media entity will
publish the work to which your request
relates, such as a publishing contract or
a strong record of past publications.
(ii) If you are a representative of the
news media, CEQ will ordinarily
presume that your request does not
primarily further a commercial interest
for purposes of this section and
§ 1515.34.
(4) You are a commercial requester if
you do not qualify as a special requester
under paragraph (b)(1), (2), or (3) of this
section and your request furthers a
commercial, trade, or profit interest or
supports litigation in furtherance of
those interests.
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(c) If you claim to be a representative
of a non-commercial scientific
institution, an educational institution,
or the news media, CEQ may require
you to verify your status by providing
reasonable documentation, such as a
signed letter on official letterhead. If
you claim that your request is noncommercial for another reason, CEQ
may require you to explain why it is
non-commercial.
§ 1515.34
Can I apply for a fee waiver?
(a) Yes. You can apply for a waiver of
fees (or a reduction of fees) by
submitting a written statement that
explains why disclosing the information
will meet the conditions in paragraph
(c) of this section.
(b) You can apply for a fee waiver at
any time before CEQ completes
processing your request or an appeal of
your request. You can apply for a fee
waiver with respect to a part of the
records you seek or with respect to all
of them.
(c) CEQ will grant you a fee waiver if
all of the following conditions are met:
(1) Disclosure of the requested
information would shed light on the
operations or activities of the
Government. The connection between
the subject matter of your request, on
the one hand, and identifiable
operations or activities of the Federal
Government, on the other, must be
direct and clear, not remote or
attenuated.
(2) Disclosure of the requested
information would likely contribute
significantly to public understanding of
those operations or activities, because it
would satisfy both of the following
criteria:
(i) Disclosure of the requested records
would be meaningfully informative
about Government operations or
activities. (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.)
(ii) The disclosure would contribute
to the understanding of a reasonably
broad audience of persons interested in
the subject, as opposed to your own
individual understanding. (CEQ will
presume that your request satisfies this
criterion if you are a representative of
the news media; otherwise, we will
consider your expertise in the subject
area as well as your ability and
intention to effectively convey
information to the public.)
(3) Disclosure of the requested
information would not primarily
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advance your commercial, trade, or
profit interests.
(d) CEQ will determine whether to
grant or deny your request for a fee
waiver if and when we would otherwise
charge you fees. If we determine prior
to that time that we are unlikely to grant
your request for a fee waiver, we may
notify you of our determination so that
you may modify your request.
§ 1515.35 When will CEQ contact me about
fee-related matters?
(a) If CEQ determines or estimates that
we will charge you more than $25.00 in
fees, we will notify you of our
determination or estimate, unless you
have already told us that you are willing
to pay fees equal to or in excess of the
amount we have determined or
estimated.
(1) If CEQ can only estimate a part of
the fee, we will explain that in the
notice.
(2) If you are entitled to 2 hours of
searching and 100 pages of duplication
for free for the reasons described in
§ 1515.33, CEQ will advise you of this
and explain whether we have already
provided these entitlements.
(3) CEQ may ask you to tell us the
maximum amount you are willing to
pay in fees in writing, in which case we
will toll the period for processing your
request until you respond.
(b) If CEQ determines or estimates
that the fee will exceed the maximum
amount you previously told us you were
willing to pay, we will inquire with you
about modifying your request or
increasing the maximum, and we will
toll the period for processing your
request until you respond.
(c) If you have not provided a way to
contact you regarding fee matters, or
you do not respond to a fee-related
inquiry within 30 calendar days, CEQ
will deny your request.
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§ 1515.36 Do I have to pay fees if CEQ
misses the deadline for responding to my
request?
CEQ will not charge search fees or
duplication fees if we have failed to
grant or deny your request within the
period described in § 1515.13, unless:
(a) CEQ determines that unusual
circumstances are present, as described
in § 1515.13; and
(1) CEQ finishes processing your
request within 10 working days of the
original deadline; or
(2) Your request seeks more than
5,000 pages of records; CEQ has
provided you timely written notice of
the unusual circumstances; and we have
discussed with you how you could
effectively limit the scope of your
request (or we made at least three
attempts in good faith to do so); or
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(b) A court grants CEQ additional time
to process your request due to
exceptional circumstances, and we
finish processing your request within
the period set forth in a court order.
§ 1515.37 When are fees due and how do
I pay them?
(a) Ordinarily, CEQ will bill you for
fees at the time we respond to your
FOIA request.
(b) When CEQ determines or
estimates that the total fee for your
request will exceed $250, we may
require that you pay all or part of the
anticipated fee in advance before we
will process (or continue to process)
your request.
(c) If you have previously failed to
pay a FOIA fee that was due to any
Government agency within 30 calendar
days of the billing date, CEQ may
require you to pay the outstanding fee
(including interest) and make an
advance payment of the anticipated fee
for your current request before we will
process (or continue to process) your
request.
(d) If CEQ requires you to make an
advance payment under this section, we
will toll the period for processing your
request until we receive the payment. If
you do not pay within 30 calendar days,
we will deny your request.
(e) CEQ will inform you of how to
make a payment at the time that we bill
you or require you to make an advance
payment.
§ 1515.38 What will CEQ do if I do not
promptly pay the fee?
If you do not pay a fee within 30
calendar days of the date of the bill:
(a) CEQ may charge interest, at the
rate provided for in 31 U.S.C. 3717,
from the 31st day following the date of
billing through the date we receive your
payment; and
(b) CEQ will follow the provisions of
the Debt Collection Act of 1982 (Pub. L.
97–365, 96 Stat. 1749), as amended,
including its administrative procedures,
which provide for the use of consumer
reporting agencies, collection agencies,
and offset.
Subpart E—Confidential Commercial
Information and Preservation of
Records
§ 1515.41 How does CEQ handle
confidential commercial information?
(a) At the time that a person or entity
outside the Federal Government (a
submitter) directly or indirectly
provides information to CEQ, the
submitter must mark or otherwise
designate any part of its submission that
it considers in good faith to be
confidential commercial information.
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(1) Confidential commercial
information means commercial or
financial information that comes within
the scope of Exemption 4 of the FOIA,
5 U.S.C. 552(b)(4).
(2) In good faith means not
frivolously.
(3) The submitter also must explain
how long CEQ should consider the
information to be confidential
commercial information, or else CEQ
will presume that the designation
expires after 10 years.
(b) Prior to disclosing information in
response to a FOIA request, CEQ will
provide written notice to the submitter
if:
(1) The submitter has properly
designated the information as
confidential commercial information
pursuant to paragraph (a) of this section;
or
(2) CEQ requires the submitter’s views
on whether the information is
confidential commercial information.
(c) Each notice under paragraph (b) of
this section will either describe the
information in question or include a
copy of the requested records (or
portions of records) containing the
information. If the matter involves a
large number of submitters, CEQ may
post or publish the notice in a place or
manner reasonably likely to inform the
submitters of the potential disclosure,
instead of sending individual
notifications.
(d) CEQ will not provide a notice
under paragraph (b) of this section if:
(1) CEQ has determined to withhold
the information under § 1515.16;
(2) Someone other than CEQ has
already lawfully published the
information; or
(3) A law other than the FOIA
requires CEQ to disclose the
information.
(e) When CEQ provides a notice under
paragraph (b) of this section:
(1) CEQ will give the submitter a
reasonable period in which to reply.
(2) If the submitter objects to CEQ
disclosing the information (in whole or
in part), the submitter must reply to
CEQ with a detailed explanation of
which FOIA exemptions it believes
apply to the information and why the
information comes within the scope of
those FOIA exemptions. CEQ will
consider the submitter’s reply, if any, in
determining whether to disclose the
information in question in response to
a FOIA request.
(3) If the submitter does not reply to
CEQ during the period stated in the
notice, CEQ will deem the submitter to
have no objection to CEQ’s disclosure of
the information, except that CEQ may
consider late replies in its discretion.
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(f) If CEQ determines to disclose
information over a submitter’s objection,
CEQ will notify the submitter in writing.
(1) The notice will explain why CEQ
disagreed with the submitter’s
objections and describe the information
CEQ will disclose (or include a copy of
the relevant agency records in the form
in which CEQ will release them).
(2) The notice will indicate the date
on which CEQ will disclose the
information, which will be a reasonable
number of calendar days following the
date of the notice unless the FOIA
requires us to disclose the information
more promptly.
(3) CEQ will also provide the notice
described in this paragraph (f) when
CEQ determines to disclose information
that a submitter designated as
confidential commercial information
not in good faith.
(g) CEQ will notify a submitter who
has designated confidential commercial
information pursuant to paragraph (b) of
this section if a requester files a lawsuit
seeking to compel CEQ to disclose the
information under the FOIA.
(h) CEQ will notify the relevant FOIA
requester whenever it provides a notice
under paragraph (b) or (f) of this section,
and whenever a submitter files a lawsuit
to prevent the disclosure of information.
PART 1516—PRIVACY ACT
IMPLEMENTATION
Sec.
1516.1 What is the purpose of this part?
1516.2 What records does this part cover?
1516.3 When will CEQ disclose records
about me?
1516.4 How can I obtain access to CEQ’s
records about me?
1516.5 How can I get information about
how CEQ has used its records about me?
1516.6 How can I ask CEQ to correct my
records?
1516.7 How can I appeal CEQ’s decision to
deny my request to access or correct
records about me?
1516.8 Will CEQ charge me a fee for a copy
of my records?
Authority: 5 U.S.C. 552a.
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§ 1516.1
What is the purpose of this part?
(a) This part explains how the Council
on Environmental Quality (CEQ)
manages certain records about
individuals under the Privacy Act of
1974 (the Privacy Act). You can find the
text of the Privacy Act at 5 U.S.C. 552a.
(b) This part explains how you, a
citizen or lawful permanent resident of
the United States, can request access to
records about yourself, request that CEQ
amend or correct those records, or
request that CEQ inform you about how
it has used those records.
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§ 1516.2
cover?
What records does this part
(a) This part covers any records about
you that CEQ maintains in a system of
records.
(b) A record is any item, collection, or
grouping of information about you that
contains your name or another piece of
information that identifies you (for
example, your social security number).
(c) CEQ maintains your record in a
system of records if CEQ:
(1) Maintains, collects, uses, or
disseminates the record as part of a
larger group of records; and
(2) Organizes the group by
individuals’ names or by another piece
of information that identifies
individuals (such as their Social
Security numbers).
§ 1516.3 When will CEQ disclose records
about me?
CEQ will only disclose records about
you that it maintains in system of
records if:
(a) You or your authorized
representative submit a request for your
own records or agree in writing that
CEQ may disclose the records to
someone else;
(b) CEQ is making the disclosure as
part of one of CEQ’s routine uses of the
records, which CEQ must have
previously established in a written
public notice; or
(c) The disclosure qualifies for one of
the other exceptions described in
section 3 of the Privacy Act, which you
can find at 5 U.S.C. 552a(b).
§ 1516.4 How can I obtain access to CEQ’s
records about me?
(a) You can obtain access to CEQ’s
records about you by submitting a
request by email to efoia@ceq.eop.gov. If
you are not able to make your request
by email, please contact CEQ’s Office of
the General Counsel for assistance by
calling 202–395–5750.
(b) Your request must describe the
records that you want, in enough detail
to enable CEQ to locate them with a
reasonable amount of effort.
(1) You should name or describe the
system of records you want CEQ to
search.
(2) If you are not sure which system
of records you are interested in, you
may request that CEQ inform you which
of its systems of records, if any, contain
records about you.
(c) To protect the privacy of your
records, CEQ will require you to verify
your identity before processing your
request. CEQ may require you to:
(1) Provide a statement that contains
your name, your current address, and
your date and place of birth, and sign
the statement before a notary public;
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(2) Verify your identity using an
electronic authentication process; or
(3) Supply additional information as
necessary in order to verify your
identity.
(d) CEQ may deny your request if:
(1) CEQ prepared the records you are
seeking in reasonable anticipation of a
civil action or proceeding (that is, a
lawsuit or a similar proceeding); or
(2) The Privacy Act exempts the
system containing your records from the
requirement that CEQ provide those
records upon request.
(e) If CEQ grants your request, you
may arrange to review your records in
person, obtain a copy from CEQ, or
both. If you choose to review your
records in person, you may choose one
person to accompany you, except that
CEQ may first require you to authorize
CEQ to discuss your records in that
person’s presence.
(f) If CEQ denies your request in
whole or in part, CEQ will give you the
reason for its decision in writing and
explain how you can challenge the
denial.
§ 1516.5 How can I get information about
how CEQ has used its records about me?
You can request information about
how CEQ has used its records about
you—called an ‘‘accounting of
disclosures’’—using the same
procedures you would use to make a
request for access to your records under
§ 1516.4.
§ 1516.6 How can I ask CEQ to correct my
records?
(a) You can request that CEQ correct
or update its records about you using
the same procedures you would use to
make a request for access to your
records under § 1516.4.
(b) In your request, you must explain
exactly what change you are requesting
and point out specific pieces of
information in your CEQ records that
are inaccurate, irrelevant, outdated, or
incomplete.
(c) CEQ will review your request,
decide whether to grant or deny it, and
inform you of the decision within 10
working days (i.e., excepting Saturdays,
Sundays, and Federal holidays).
(d) If CEQ denies your request, CEQ
will give you the reason for its decision
in writing and explain how you can
appeal the denial.
§ 1516.7 How can I appeal CEQ’s decision
to deny my request to access or correct
records about me?
(a) If CEQ denies your request to
access or correct CEQ’s records about
you, you can appeal the decision using
the same procedures you would use to
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make a request for access to your
records under § 1516.4.
(b) In your appeal, you must include
a copy of CEQ’s decision denying your
request and explain exactly why you
believe the decision was wrong.
(c) The General Counsel of CEQ (or
the General Counsel’s designee) will
review your appeal, decide whether to
grant or deny it, and inform you of the
decision within 30 working days. If it is
necessary to extend the time for making
a decision, the Chair of CEQ (or the
Chair’s designee) will explain why in
writing.
(d) If CEQ’s General Counsel (or
designee) denies your appeal, you may
provide CEQ with a concise statement
that explains your disagreement with
the decision, and you may bring a civil
lawsuit against CEQ.
(1) If CEQ subsequently discloses the
disputed record under § 1516.4, we will
clearly identify the disputed portion of
the record and attach a copy of your
statement of disagreement.
(2) For more information about filing
a civil lawsuit, see 5 U.S.C. 552a(g)(1).
§ 1516.8 Will CEQ charge me a fee for a
copy of my records?
If you request a copy of CEQ’s records
about you, CEQ may charge you a fee of
no more than 10 cents per page, which
you must pay before CEQ provides you
with a copy of your records.
[FR Doc. 2025–00960 Filed 1–17–25; 8:45 am]
BILLING CODE 3325–FA–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 4
[PS Docket Nos. 21–346, 15–80; ET Docket
No. 04–35; FCC 24–5; FR ID 272202]
Resilient Networks; Disruptions to
Communications
Federal Communications
Commission.
ACTION: Final rule, announcement of
compliance date.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) announces that the Office
of Management and Budget (OMB) has
approved the information collection
associated with the rule adopted in a
Second Report and Order and Second
Further Notice of Proposed Rulemaking
(Resilient Networks Second Report and
Order) requiring cable communications,
wireless, wireline, and interconnected
Voice over Internet Protocol (VoIP)
providers to report their infrastructure
status information in the Disaster
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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Information Reporting System (DIRS)
daily when the Commission activates
DIRS in geographic areas in which they
provide service, even when their
reportable infrastructure has not
changed compared to the prior day. It
also codifies, in the Commission’s
outage reporting rules, that a subject
provider’s Networks Outage Reporting
System reporting obligations are waived
while they report in DIRS and requires
that subject providers who report in
DIRS provide a single, final DIRS report
to the Commission, within 24 hours of
the Commission’s deactivation of DIRS,
that provides the status of their
infrastructure identified to the
Commission during the DIRS reporting
period that has not yet been fully
restored at the time of the deactivation.
This document is consistent with the
Resilient Networks Second Report and
Order, which states the Commission
will publish a document in the Federal
Register announcing a compliance date
for the rule section and revise the rule
accordingly.
DATES: Effective February 20, 2025.
Compliance with 47 CFR 4.18,
published at 89 FR 25535, on April 11,
2024, and 89 FR 32373 on April 26,
2024, is required as of February 20,
2025. In addition, this document
removes 47 CFR 4.18(c), which advised
that compliance with the new rules
would not be required until § 4.18(c) is
removed or the Commission announces
a compliance date.
FOR FURTHER INFORMATION CONTACT:
Logan Bennett, Attorney Advisor,
Cybersecurity and Communications
Reliability Division, Public Safety and
Homeland Security Bureau, at (202)
418–7790 or logan.bennett@fcc.gov. For
additional information concerning the
Paperwork Reduction Act information
collection requirements contact Nicole
Ongele at (202) 418–2991 or via email:
Nicole.Ongele@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that OMB
approved the information collection
requirement in § 4.18 on December 5,
2024.
The Commission publishes this
document as an announcement of the
compliance date of the rules.
If you have any comments on the
burden estimates listed in the following,
or how the Commission can improve the
collections and reduce any burdens
caused thereby, please contact Nicole
Ongele, Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554. Please include
OMB Control Number, 3060–1033, in
your correspondence. The Commission
will also accept your comments via
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6839
email at PRA@fcc.gov. To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received final OMB approval as
approved with changes on December 5,
2024, for the information collection
requirement contained in § 4.18.
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1003.
OMB Approval Date: December 5,
2024.
OMB Expiration Date: December 31,
2027.
Title: Communications Disaster
Information Reporting System (DIRS).
Form Number: N/A.
Respondents: Business or other forprofit entities, and State, local or tribal
governments, and Federal Government.
Number of Respondents and
Responses: 18,306 respondents; 292,896
responses.
Estimated Time per Response: 0.166
hours.
Frequency of Response: Annual and
on occasion reporting requirements and
recordkeeping requirements.
Obligation to Respond: Mandatory.
Statutory authority for this collection of
information is contained in sections 1,
4(i), 4(j), 4(n), 201, 214, 218, 251(e)(3),
301, 303(b), 303(g), 303(j), 303(r), 307,
309 316, 332, and 403 of the
Communications Act of 1934, as
amended, and 47 U.S.C. 151, 154(i)–(j)
& (n), 201, 214, 218, 251(e)(3), 301,
303(b), 303(g), 303(r), 307, 309(a), 309(j),
316, 332, 403; sections 2, 3(b), and 6–
7 of the Wireless Communications and
Public Safety Act of 1999, 47 U.S.C. 615
note, 615, 615a–1, 615b, section 106 of
the Twenty First Century
Communications and Video
Accessibility Act of 2010, 47 U.S.C.
E:\FR\FM\21JAR1.SGM
21JAR1
Agencies
[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Rules and Regulations]
[Pages 6828-6839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00960]
[[Page 6828]]
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COUNCIL ON ENVIRONMENTAL QUALITY
40 CFR Parts 1515 and 1516
[CEQ-2024-0001]
RIN 0331-AA02
Freedom of Information Act and Privacy Act Regulations
AGENCY: Council on Environmental Quality.
ACTION: Final rule.
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SUMMARY: The Council on Environmental Quality (CEQ) is finalizing its
Freedom of Information Act (FOIA) regulations to incorporate amendments
to the FOIA set forth in the FOIA Improvement Act of 2016; to conform
to guidance for Federal agencies from the Department of Justice; to
make them easier for the public to understand and use; and to better
reflect CEQ's current policy and practice. These final regulations
reaffirm CEQ's commitment to providing the fullest possible disclosure
of records to the public. In addition, CEQ is amending its regulations
implementing the Privacy Act of 1974 (the Privacy Act) to make them
easier for the public to understand and use and to better reflect CEQ's
current policy and practice. These final regulations also make
administrative changes, including reorganizing, renumbering, and
renaming the sections of CEQ's current FOIA and Privacy Act
regulations. CEQ considered all of the public comments received on its
proposed rule and made changes in response in this final rule.
DATES: The effective date is February 20, 2025.
ADDRESSES: CEQ established a docket for this action on
www.regulations.gov, under docket number CEQ-2024-0001. The docket
contains all of the public comments that CEQ received on this action.
FOR FURTHER INFORMATION CONTACT: Samuel Roth, Associate General
Counsel, 202-395-5750, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. The FOIA
The FOIA, 5 U.S.C. 552, provides a right of access to certain
records that Federal agencies maintain and control. The FOIA directs
each Federal agency to publish regulations that describe how the agency
will process FOIA requests it receives from members of the public.
CEQ first adopted its FOIA regulations in 1977.\1\ In 2010, CEQ
amended its regulations to reflect legislative amendments to the FOIA,
a 2009 Presidential Memorandum regarding FOIA policy, and additional
guidance from the Department of Justice (DOJ) and the Office of
Management and Budget (OMB).\2\ CEQ's current FOIA regulations are
codified at 40 CFR part 1515.
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\1\ CEQ, Freedom of Information Act Procedures; Final Rule, 42
FR 65158 (Dec. 30, 1977).
\2\ CEQ, Revision of Freedom of Information Act Regulations, 75
FR 48585 (Sept. 10, 2010).
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CEQ is revising and republishing its FOIA regulations in their
entirety in order to make several improvements to the current rules.
First, CEQ is making updates to reflect a number of important changes
to the FOIA made by the FOIA Improvement Act of 2016 (Pub. L. 114-185).
Section 3(a) of the Act directs each agency to review its FOIA
regulations and update them to implement the changes set forth in the
Act. Second, CEQ is including a number of provisions to improve the
usefulness and readability of its FOIA regulations consistent with
DOJ's 2017 revised Template for Agency Regulations (the Template).\3\
CEQ modeled this final rule on the Template, which also incorporates
the FOIA Improvement Act of 2016's amendments to the FOIA.
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\3\ Template for Agency FOIA Regulations (February 22, 2017),
https://www.justice.gov/oip/template-agency-foia-regulations.
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Third, CEQ is making updates to better convey the FOIA's and the
CEQ regulation's requirements to members of the public who are
interested in CEQ's operations and activities, so they can easily
understand and use CEQ's FOIA process.\4\ Specifically, CEQ referred to
the Plain Writing Act of 2010 and the Federal Plain Language Guidelines
\5\ in preparing the final rule.
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\4\ See, e.g., E.O. 13563, Improving Regulation and Regulatory
Review, 76 FR 3821 (Jan. 21, 2011) (stating that ``regulations [must
be] accessible, consistent, written in plain language, and easy to
understand'').
\5\ Federal Plain Language Guidelines (1st rev. May 2011),
https://www.plainlanguage.gov/media/FederalPLGuidelines.pdf.
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Finally, the final rule reflects updates to CEQ's FOIA policies and
procedures, as well as the practical experience of CEQ's FOIA staff. As
it does under its current regulations, CEQ will administer the FOIA
under the final regulations with a presumption of openness, consistent
with the Memorandum of the Attorney General dated March 15, 2022.\6\
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\6\ Department of Justice, Freedom of Information Act Guidelines
(March 15, 2022), https://www.justice.gov/media/1212566/dl.
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B. The Privacy Act
The Privacy Act, 5 U.S.C. 552a, governs each Federal agency's
collection, maintenance, use, and dissemination of any information
about individuals that it maintains in a system of records. The Privacy
Act directs each Federal agency to publish regulations that describe
the agency's procedures for carrying out the provisions of the Privacy
Act. CEQ first adopted its Privacy Act regulations in 1977,\7\ codified
at 40 CFR part 1516.
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\7\ CEQ, Procedures for Gaining Access to Information Under the
Privacy Act of 1974; Final Regulations, 42 FR 32537 (June 27, 1977);
see also Procedures for Gaining Access to Information Under the
Privacy Act of 1974, Correction to Final Regulations, 42 FR 35960
(July 13, 1977) (technical amendment).
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CEQ is revising and republishing its Privacy Act regulation in its
entirety to make it easier for the public to understand and use and to
reflect updates to CEQ's Privacy Act procedures over the past five
decades.
II. Discussion of Comments on the Notice of Proposed Rulemaking
On December 11, 2024, CEQ published a notice of proposed rulemaking
for public comment.\8\ The public comment period concluded on January
10, 2025. Two commenters provided input on the proposal during the
public comment period. As noted above, their comments are available on
www.regulations.gov under docket number CEQ-2024-0001.
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\8\ CEQ, Freedom of Information Act and Privacy Act Regulations,
89 FR 99799 (Dec. 11, 2024).
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Comment 1: One commenter recommended that CEQ explicitly
incorporate the ``presumption of openness'' in its FOIA regulations.
The presumption of openness, which Congress codified in the FOIA
through the FOIA Improvement Act of 2016, directs agencies to withhold
information in response to a FOIA request ``only if . . . the agency
reasonably foresees that disclosure would harm an interest protected by
an exemption [under the FOIA],'' or disclosure is prohibited by law. 5
U.S.C. 552(a)(8)(A). As the Memorandum of the Attorney General dated
March 15, 2022, explains, the presumption means that ``[i]nformation
that might technically fall within an exemption should not be withheld
from a FOIA requester unless the agency can identify a foreseeable harm
or legal bar to disclosure.'' \9\
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\9\ Department of Justice, Freedom of Information Act Guidelines
(Mar. 15, 2022), https://www.justice.gov/media/1212566/dl.
---------------------------------------------------------------------------
As CEQ noted in the preamble to the proposed rule, CEQ currently
administers its FOIA program consistent
[[Page 6829]]
with the presumption of openness and will continue to do so under its
revised regulations. CEQ has revised the language of Sec. 1515.16(b)
to clarify that it applies the presumption of openness in its FOIA
program.
Comment 2: One commenter recommended that CEQ revise Sec. 1515.4
to clarify that, when a FOIA requester submits an appeal, a CEQ
official other than the one who was responsible for processing the
original request will process the appeal. The commenter observed that
the Department of Justice's Office of Information Policy, which
provides guidance to agencies on FOIA administration, recommends this
practice.\10\ Consistent with this recommendation, the commenter
recommended that CEQ delete the last sentence of Sec. 1515.4(b)
(``Otherwise, the Chief FOIA Officer or the Chief FOIA Officer's
designee is responsible for processing FOIA appeals.'').
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\10\ Department of Justice, OIP Guidance: Adjudicating
Administrative Appeals Under the FOIA (Aug. 12, 2021), https://www.justice.gov/oip/oip-guidance/Adjudicating%20Administrative%20Appeals%20Under%20the%20FOIA.
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CEQ agrees with the commenter that it is good practice to assign
the processing of a FOIA appeal to a different official than the one
who was responsible for processing the original FOIA request. CEQ
routinely follows this practice in its administration of the FOIA. CEQ
is a small agency, however, whose size varies widely from one
Presidential Administration to the next. From time to time, it may not
be reasonably possible to assign a FOIA appeal to a different official
than the one who reviewed the original request, if CEQ lacks sufficient
personnel with FOIA expertise. Accordingly, CEQ has inserted a sentence
in Sec. 1515.22(b) to explain that, whenever reasonably practicable,
CEQ will assign the processing of a FOIA appeal to a different official
than the one who was responsible for processing the original request.
Comment 3: One commenter recommended that CEQ modify Sec. 1515.11
and proposed Sec. 1515.20 to change the requirement to include the
phrase ``Freedom of Information Act Request'' in the subject line of a
request (or ``Freedom of Information Act Appeal'' in the subject line
of an appeal, as the case may be) into a recommendation.
CEQ agrees with the commenter that the FOIA statute does not impose
this requirement. CEQ regularly receives correspondence, however, that
is unclear about whether the sender is making a request for records or
seeking some other kind of official action. CEQ has changed the
language of Sec. Sec. 1515.11 and 1515.21 to provide that FOIA
requests and appeals must clearly identify themselves as such, and
encourage, but do not require them to use the phrase ``Freedom of
Information Act Request'' or ``Freedom of Information Act Appeal.''
Comment 4: One commenter recommended that CEQ change Sec.
1515.19(a)(4) to refer to ``records,'' rather than ``information,'' for
consistency with the FOIA statute. CEQ has made this change.
III. Summary of the Final Rules
A. Part 1515--Freedom of Information Act Procedures
1. Subpart A--The Council on Environmental Quality's FOIA Program
Section 1515.1--What is the purpose of the rules in this part? This
section describes the purpose of part 1515, which is to set forth CEQ's
FOIA procedures, and explains the limitations of the regulations.
Section 1515.2--What kind of records does CEQ maintain? This
section explains CEQ's activities and legal authorities.
Section 1515.3--Are there any CEQ records that CEQ proactively
discloses and for which I do not have to make a request? This section
describes CEQ information the public can access without filing a FOIA
request. In the final rule, CEQ uses the term ``proactive disclose'' in
the title and provision to improve clarity.
Section 1515.4--Who is responsible for processing FOIA requests and
appeals to CEQ? This section explains the roles of Chief FOIA Officer
and FOIA Appeals Officer at CEQ.
Section 1515.5--Who can help me with my FOIA request to CEQ? This
section explains that FOIA requesters can obtain assistance from CEQ's
FOIA Public Liaison and dispute resolution services from the National
Archives and Records Administration's Office of Government Information
Services. In the final rule, CEQ clarifies in Sec. 1515.5(b) that CEQ
will actively engage when CEQ agrees to participate in the voluntary
dispute resolution services consistent with the Template.
Section 1515.6--What are CEQ's procedures for preserving records?
This section explains CEQ's procedures for preserving records in
connection with its administration of the FOIA.
2. Subpart B--Making a FOIA Request and Receiving a Response
Section 1515.11--How do I make a FOIA request to CEQ? This section
explains how members of the public may request CEQ records under the
FOIA. It also describes CEQ's procedures for clarifying requests that
do not reasonably describe the records that the requester is seeking.
Section 1515.12--Will CEQ keep my request confidential? This
section notes that FOIA requests and the identities of FOIA requesters
are generally matters of public record. In the final rule, CEQ adds
``generally'' in the second sentence, for consistency with the third
sentence, to account for certain circumstances where CEQ determines it
appropriate to withhold a requester's identity.
Section 1515.13--When will CEQ respond to my request? This section
describes CEQ's timeline for responding to FOIA requests, including
circumstances in which CEQ will extend or pause the ordinary time
period for processing FOIA requests. In the final rule, CEQ adds to the
explanation of ``unusual circumstances'' in Sec. 1515.13(b)(1) the
need to search separate facilities consistent with 5 U.C.C.
552(a)(6)(B)(iii)(I), and adds the term ``aggregate'' for clarity in
Sec. 1515.13(b)(2).
Section 1515.14--What if my request is urgent? This section
explains how to ask CEQ to expedite its processing of a FOIA request or
appeal.
Section 1515.15--How will CEQ process my request? This section
describes CEQ's procedures for processing requests and circumstances in
which CEQ will deny requests. In the final rule, in Sec.
1515.13(b)(3), CEQ changes ``will include'' to ``may include'' before
``CEQ's estimate of the date on which we will respond to your
request.'' CEQ makes this change because FOIA does not require CEQ to
provide such a date, but CEQ considers it a best practice to provide an
estimate when it is able to do so.
Section 1515.16--How does CEQ determine when to withhold records or
portions of a record? This section describes CEQ's procedures for
applying the statutory exemptions from disclosure set forth in the
FOIA.
Section 1515.17--What if I request records that involve another
Government office or agency? This section describes CEQ's procedures
for consulting with other Federal agencies regarding whether to
disclose or withhold particular records in response to a FOIA request,
as well as CEQ's procedures for referring records to another agency for
processing.
Section 1515.18--What happens if CEQ grants my request in full or
in part? This section describes CEQ's procedure for disclosing records
in response to a FOIA request.
[[Page 6830]]
Section 1515.19--What happens if CEQ denies my request in full or
in part? This section describes CEQ's procedure for withholding records
in response to a FOIA request.
3. Subpart C--Appealing a FOIA Request
In the final rule, CEQ revised the numbering from the proposed rule
to start with Sec. 1515.21 instead of Sec. 1515.20.
Section 1515.21--Can I appeal CEQ's response to my request? This
section describes how a FOIA requester may appeal a determination that
CEQ made in processing the requester's request.
Section 1515.22--How will CEQ process my appeal? This section
describes CEQ's procedures for upholding, reversing, or modifying a
prior determination on appeal. In the final rule, CEQ adds paragraph
(e), to clarify that ordinarily, it will not adjudicate an appeal if
the request becomes the subject of litigation.
4. Subpart D--Fees for FOIA Requests and Appeals
Section 1515.31--Can CEQ charge fees for processing FOIA requests
and appeals? This section explains that CEQ charges fees for processing
FOIA requests, but not appeals, and describes the rules that CEQ will
follow in determining whether to charge a fee and the amount of the
fee. As in CEQ's current FOIA regulation, the provisions of this
section and the subsequent sections reflect OMB's Uniform Freedom of
Information Act Fee Schedule and Guidelines.
Section 1515.32--What is the amount of the fee for processing a
request? This section describes how CEQ will determine the amount of
the fee for processing a FOIA request.
Section 1515.33--Are there any exceptions for special requesters?
This section describes the services that CEQ will exclude from the
calculation of fees for non-commercial requesters, in general, and for
representatives of non-commercial scientific institutions, educational
institutions, and the news media, in particular.
Section 1515.34--Can I apply for a fee waiver? This section
describes the availability of fee waivers and explains the criteria CEQ
will apply in determining whether to grant a fee waiver.
Section 1515.35--When will CEQ contact me about fee-related
matters? This section describes CEQ's procedures for contacting FOIA
requesters to resolve fee-related matters.
Section 1515.36--Do I have to pay fees if CEQ misses the deadline
for responding to my request? This section describes the circumstances
in which CEQ will not charge fees for processing a FOIA request because
CEQ did not respond to the request within the time period set forth in
the FOIA.
Section 1515.37--When are fees due and how do I pay them? This
section describes when and how FOIA requesters must pay fees to CEQ,
including the circumstances in which CEQ may require a FOIA requester
to pay fees in advance.
Section 1515.38--What will CEQ do if I do not promptly pay the fee?
This section explains when CEQ will charge interest and use debt
collection procedures.
5. Subpart E--Confidential Commercial Information and Preservation of
Records
Section 1515.41--How does CEQ handle confidential commercial
information? This section implements the requirements of Executive
Order (E.O.) 12600, Predisclosure Notification Procedures for
Confidential Commercial Information,\11\ which directs Federal agencies
to allow submitters of information to designate records that contain
confidential commercial information and to notify submitters when a
FOIA requester seeks disclosure of confidential commercial information.
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\11\ 52 FR 23781 (June 25, 1987).
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B. Part 1516--Privacy Act Implementation
Section 1516.1--What is the purpose of this part? This section
describes the purpose of part 1516, which is to set forth CEQ's Privacy
Act procedures.
Section 1516.2--What records does this part cover? This section
explains when part 1516 applies and explains the meaning of ``record''
and ``system of records'' for purposes of part 1516.
Section 1516.3--When will CEQ disclose records about me? This
section describes the conditions under which CEQ will disclose records,
which are (1) in response to an individual's request for the
individual's own records; (2) as part of a routine use of records; or
(3) pursuant to one of the other bases for disclosure that appear in
section 3 of the Privacy Act, 5 U.S.C. 552a(b).
Section 1516.4--How can I obtain access to CEQ's records about me?
This section describes the procedures for an individual to request
access to the individual's own records.
Section 1516.5--How can I obtain information about how CEQ has used
its records about me? This section describes the procedures for an
individual to request an accounting of disclosures of the individual's
own records.
Section 1516.6--How can I ask CEQ to correct my records? This
section describes the procedures for an individual to request an
amendment of the individual's own records and explains how CEQ will
review such a request.
Section 1516.7--How can I appeal CEQ's decision to deny my request
to access or correct records about me? This section describes the
procedures for an individual to appeal CEQ's denial of the individual's
request to amend the individual's own records.
Section 1516.8--Will CEQ charge me a fee for a copy of my records?
This section describes the fees CEQ will charge for copies of records.
IV. Regulatory Analysis and Notices
A. Regulatory Flexibility Act and Executive Order 13272, Proper
Consideration of Small Entities in Agency Rulemaking
The Regulatory Flexibility Act (RFA), as amended, 5 U.S.C. 601 et
seq., and E.O. 13272, Proper Consideration of Small Entities in Agency
Rulemaking,\12\ require agencies to assess the impacts of proposed and
final rules on small entities. Under the RFA, small entities include
small businesses, small organizations, and small governmental
jurisdictions. An agency must prepare an Initial Regulatory Flexibility
Analysis (IRFA) unless it determines and certifies that the rule, if
promulgated, would not have a significant economic impact on a
substantial number of small entities. 5 U.S.C. 605(b). The FOIA
authorizes Federal agencies to charge fees only to certain requesters,
and only in order to recover the direct costs of searching for,
reviewing, and duplicating agency records. Under the final rule, CEQ
will continue to charge fees in accordance with the FOIA and guidelines
from DOJ and OMB. The Privacy Act authorizes Federal agencies to charge
fees only to individuals, and accordingly CEQ will not charge fees
under the Privacy Act to small entities within the meaning of the RFA.
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\12\ 67 FR 53461 (Aug. 16, 2002).
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The fees that CEQ assesses for processing FOIA requests are nominal
and will not have a significant impact on a substantial number of small
entities within the meaning of the RFA. Accordingly, CEQ hereby
certifies that the rule will not have a significant economic impact on
a substantial number of small entities.
B. Unfunded Mandates Reform Act
Section 201 of the Unfunded Mandates Reform Act of 1995 (Pub. L.
[[Page 6831]]
104-4, 2 U.S.C. 1531), requires Federal agencies to assess the effects
of their regulatory actions on State, Tribal, and local governments,
and the private sector to the extent that such regulations incorporate
requirements specifically set forth in law. Before promulgating a rule
that may result in the expenditure by a State, Tribal, or local
government, in the aggregate, or by the private sector of $100 million,
adjusted annually for inflation, in any 1 year, an agency must prepare
a written statement that assesses the effects on State, Tribal, and
local governments and the private sector. 2 U.S.C. 1532. This final
rule will apply only to requesters under the FOIA or the Privacy Act
and will not result in expenditures of $100 million or more for State,
Tribal, and local governments, in the aggregate, or the private sector
in any 1 year. This final action also will not impose any enforceable
duty, contain any unfunded mandate, or otherwise have any effect on
small governments subject to the requirements of 2 U.S.C. 1531-1538.
C. Executive Order 12866, Regulatory Planning and Review
E.O. 12866, as supplemented and affirmed by E.O. 13563 and amended
by E.O. 14094, provides that the Office of Information and Regulatory
Affairs will review any regulatory action that qualifies as a
``significant regulatory action'' within the meaning of the E.O.\13\
The final rule does not qualify as a significant regulatory action.
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\13\ See E.O. 12866, Regulatory Planning and Review, 58 FR
51735, 51737 (Oct. 4, 1993); E.O. 14094, Modernizing Regulatory
Review, 88 FR 21879, 21879-80 (Apr. 11, 2023); E.O. 13563, Improving
Regulation and Regulatory Review, 76 FR 3821, 3822 (Jan. 21, 2011).
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D. Executive Order 12988, Civil Justice Reform
Under section 3(a) of E.O. 12988,\14\ agencies must review their
proposed regulations to eliminate drafting errors and ambiguities,
draft them to minimize litigation, and provide a clear legal standard
for affected conduct. Section 3(b) provides a list of specific matters
that agencies must consider when conducting the review required by
section 3(a). CEQ has conducted this review and determined that this
final rule complies with the requirements of E.O. 12988.
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\14\ 61 FR 4729 (Feb. 7, 1996).
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E. Paperwork Reduction Act
This final rule will not impose any new information collection
burden that will require additional review or approval by OMB under the
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq.
F. National Environmental Policy Act (NEPA)
The National Environmental Policy Act of 1969 (NEPA) (Pub. L. 118-
5, 42 U.S.C. 4321 et seq.), as amended, and the CEQ regulations that
implement NEPA, 40 CFR parts 1500 through 1508, require consideration
of the environmental effects of proposed actions in agency decision
making. NEPA provides for three levels of review. First, agencies may
establish in their agency-specific NEPA procedures categorical
exclusions (CEs) for categories of actions that normally do not have a
significant effect on the human environment, individually or in the
aggregate, and apply CEs to individual actions, as appropriate.\15\ If
an agency proposes to take an action that does not fall within a CE but
is not likely to have significant environmental effects (or the
significance of whose effects is unknown), CEQ's NEPA regulations
direct the agency to prepare an environmental assessment (EA).\16\ If,
as a result of this assessment, the agency determines that the proposed
action will not have significant effects, the agency may make a finding
of no significant impact (FONSI), in which case the agency may proceed
with the action.\17\ Otherwise, the agency must prepare an
environmental impact statement (EIS).\18\
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\15\ 40 CFR 1501.4(a).
\16\ Id. Sec. 1501.5(a).
\17\ Id. Sec. 1501.6.
\18\ 40 CFR part 1502.
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CEQ has not established a CE for the dissemination of information
under the FOIA; the disclosure of records under the Privacy Act; or the
preparation, revision, and adoption of regulations generally.
Accordingly, CEQ prepared an EA to determine whether the revisions to
CEQ's FOIA and Privacy Act regulations would have a significant effect
on the human environment. Because, as set forth below, the final
regulations will likely result in a small reduction in the use of
resources in CEQ's administration of the FOIA and the Privacy Act, CEQ
finds that the final rule will have no significant impact on the human
environment and that it is therefore unnecessary to prepare an EIS.
1. Environmental Assessment
Purpose and Need: As set forth in the proposed rule and the above
Summary of the Final Rule, CEQ adopted its FOIA regulations in 1977 and
has not updated them to reflect developments in FOIA law, policy, and
practice since 2010. As such, the current regulations fail to reflect
current FOIA requirements, including those set forth in the FOIA
Improvement Act of 2016. Furthermore, CEQ's current FOIA regulations do
not conform in all points to the Template and the directions in the
Plain Writing Act of 2010, and do not fully reflect CEQ's current
policy and practice with respect to the FOIA. Likewise, CEQ adopted its
Privacy Act regulations in 1977, and has not updated them since that
time to reflect updates to CEQ's Privacy Act procedures.
Proposed Action and Alternatives: A summary of the final action,
which is one of two action alternatives analyzed in this EA, is set
forth in the NPRM and in the above Summary of the Final Rule. Under a
no action alternative, CEQ would continue to operate under its current
regulations, addressing inconsistencies between the regulations and
current law and agency procedure on a case-by-case basis. CEQ has
decided that this approach is undesirable because it is confusing to
the public and requires CEQ staff to address inconsistencies between
the regulation, the law, and agency procedure that CEQ can obviate by
updating the regulation.
CEQ considered another action alternative of making only narrowly
tailored amendments to its current FOIA regulations in order to
implement the FOIA Improvement Act of 2016. While this alternative
would eliminate direct inconsistencies between CEQ's regulations and
the FOIA, it would not address inconsistencies between CEQ's FOIA
regulations, the Template and CEQ's FOIA policies and procedures, or
inconsistencies between CEQ's Privacy Act regulations and CEQ's
practice in implementing the Privacy Act.
CEQ's preferred alternative is to amend its regulations as
described in the proposed rule and this final rule, for the reasons set
forth in parts I through III of this preamble.
Environmental Effects of Alternatives: CEQ's FOIA and Privacy Act
programs affect the environment primarily through requesters' use of
paper and energy in submitting requests and CEQ's use of paper and
energy in searching for, reviewing, and duplicating responsive records.
CEQ's use of paper and energy for these purposes has remained within
the range typical of the operations of a small office. Currently, CEQ
accepts FOIA and Privacy Act requests by mail and fax, which require
the use of paper and energy to print and transmit requests to CEQ. The
final regulations will direct FOIA and Privacy Act requesters to submit
their requests electronically if they are able to do so, thereby
reducing the use of paper and
[[Page 6832]]
energy associated with mailed and faxed requests. CEQ receives requests
by fax or mail infrequently, however, so any reduction in the use of
resources is likely to be modest. In addition, by improving the
public's timely access to information contained in CEQ records, the
final regulations support the meaningful involvement of all
communities, including communities with environmental justice concerns,
in Federal decision-making processes.
List of Agencies and Persons Consulted: CEQ's NEPA staff reviewed
and commented on this EA, the proposed rule, and this final rule.
2. Finding of No Significant Impact
Based on the foregoing EA, CEQ finds that implementation of the
final regulations will reduce the use of paper and energy resources in
CEQ's FOIA and Privacy Act programs, streamline CEQ's FOIA and Privacy
Act procedures, make CEQ more accessible and responsive to the public,
and improve the opportunity for all communities to access information
and be meaningfully involved in Federal decision-making processes.
Thus, there will be no significant environmental effects associated
with implementation of the proposed action, and it is not necessary for
CEQ to prepare an EIS.
CEQ further finds that the final action is not one that normally
requires the preparation of an EIS, closely similar to such an action,
or an action without precedent.
List of Subjects
40 CFR Part 1515
Administrative practice and procedures, Courts, Freedom of
information, Government employees, Records.
40 CFR Part 1516
Administrative practice and procedures, Courts, Government
employees, Privacy, Records.
Amy B. Coyle,
Principal Deputy General Counsel.
0
For the reasons discussed in the preamble, the Council on Environmental
Quality revises and republishes 40 CFR parts 1515 and 1516 to read as
follows:
PART 1515--FREEDOM OF INFORMATION ACT PROCEDURES
Subpart A--The Council on Environmental Quality's FOIA Program
Sec.
1515.1 What is the purpose of the rules in this part?
1515.2 What kind of records does CEQ maintain?
1515.3 Are there any CEQ records that CEQ proactively discloses and
for which I do not have to make a request?
1515.4 Who is responsible for processing FOIA requests and appeals
to CEQ?
1515.5 Who can help me with my FOIA request to CEQ?
1515.6 What are CEQ's procedures for preserving records?
Subpart B--Making a FOIA Request and Receiving a Response
Sec.
1515.11 How do I make a FOIA request to CEQ?
1515.12 Will CEQ keep my request confidential?
1515.13 When will CEQ respond to my request?
1515.14 What if my request is urgent?
1515.15 How will CEQ process my request?
1515.16 How does CEQ determine when to withhold records or portions
of a record?
1515.17 What if I request records that involve another Government
office or agency?
1515.18 What happens if CEQ grants my request in full or in part?
1515.19 What happens if CEQ denies my request in full or in part?
Subpart C--Appealing a FOIA Request
Sec.
1515.21 Can I appeal CEQ's response to my request?
1515.22 How will CEQ process my appeal?
Subpart D--Fees for FOIA Requests and Appeals
Sec.
1515.31 Can CEQ charge fees for processing FOIA requests and
appeals?
1515.32 What is the amount of the fee for processing a request?
1515.33 Are there any exceptions for special requesters?
1515.34 Can I apply for a fee waiver?
1515.35 When will CEQ contact me about fee-related matters?
1515.36 Do I have to pay fees if CEQ misses the deadline for
responding to my request?
1515.37 When are fees due and how do I pay them?
1515.38 What will CEQ do if I do not promptly pay the fee?
Subpart E--Confidential Commercial Information and Preservation of
Records
Sec.
1515.41 How does CEQ handle confidential commercial information?
Authority: 5 U.S.C. 552; E.O. 13392, 70 FR 75373, 3 CFR, 2005
Comp., p. 216; Pres. Mem., 74 FR 4685, 3 CFR, 2009 Comp., p. 338.
Section 1515.41 also issued under E.O. 12600, 52 FR 23781, 3
CFR, 1987 Comp., p. 235.
Subpart A--The Council on Environmental Quality's FOIA Program
Sec. 1515.1 What is the purpose of the rules in this part?
(a) This part explains how you, a member of the public, may request
copies of records from the Council on Environmental Quality (CEQ) under
the Freedom of Information Act (FOIA). You can find the text of the
FOIA at 5 U.S.C. 552.
(b) Nothing in this part entitles you to any service or to the
disclosure of any record to which you are not entitled under the FOIA.
Sec. 1515.2 What kind of records does CEQ maintain?
CEQ carries out responsibilities under the National Environmental
Policy Act of 1969, as amended (42 U.S.C. 4321-4347); the Environmental
Quality Improvement Act of 1970, as amended (42 U.S.C. 4371-4375);
Reorganization Plan No. 1 of 1977 (July 15, 1977); and various
Executive orders, among other authorities. CEQ maintains certain
records on these subjects, among others.
Sec. 1515.3 Are there any CEQ records that CEQ proactively discloses
and for which I do not have to make a request?
Yes. The FOIA requires CEQ to proactively disclose--that is, to
make certain records available for public inspection online--records
that have been or are likely to become the subject of repeated
requests. You can find those records, together with an index, at
https://www.whitehouse.gov/ceq/foia/.
Sec. 1515.4 Who is responsible for processing FOIA requests and
appeals to CEQ?
(a) CEQ's Chief FOIA Officer oversees the administration of
requests made to CEQ under the FOIA. The Chief FOIA Officer, or the
Chief FOIA Officer's designee, is responsible for processing and
granting or denying FOIA requests. The Chair of CEQ appoints the Chief
FOIA Officer.
(b) The Chief FOIA Officer may appoint a FOIA Appeals Officer. If
the Chief FOIA Officer does so, the FOIA Appeals Officer or the FOIA
Appeals Officer's designee is responsible for processing and granting
or denying FOIA appeals. Otherwise, the Chief FOIA Officer or the Chief
FOIA Officer's designee is responsible for processing FOIA appeals.
Sec. 1515.5 Who can help me with my FOIA request to CEQ?
(a) You may contact CEQ's FOIA Public Liaison for assistance with
your FOIA request, including help in formulating your request and
[[Page 6833]]
information about the status of your request, or to submit concerns
about CEQ's handling of your request. You can contact CEQ's FOIA Public
Liaison by email at [email protected] or by phone at 202-395-5750. For
additional contact information, visit https://www.foia.gov and choose
``Council on Environmental Quality'' in the index of Government
agencies.
(b) If you have a dispute with CEQ over its handling of your FOIA
request, you may contact the National Archives and Records
Administration's Office of Government Information Services for
assistance or dispute resolution services by calling (202) 741-5770 or
visiting https://archives.gov/ogis. If CEQ agrees to participate in the
voluntary dispute resolution services provided by the Office of
Government Information Services, CEQ will actively engage as a partner
to the process in an attempt to resolve the dispute.
(c) If you are an individual with a disability, CEQ will provide
you with access to and use of information and data through its FOIA
program that is comparable to the access to and use of the information
and data by members of the public who are not individuals with
disabilities, unless doing so would impose an undue burden on CEQ.
(d) If your proficiency in English is limited, CEQ will take steps
as appropriate to provide you with meaningful access to CEQ's FOIA
program.
Sec. 1515.6 What are CEQ's procedures for preserving records?
(a) CEQ preserves records pursuant to title 44 of the United States
Code and the Records Schedules issued by the Archivist of the United
States.
(b) CEQ will not dispose of or destroy agency records that are the
subject of a pending request, appeal, or lawsuit under the FOIA.
Subpart B--Making a FOIA Request and Receiving a Response
Sec. 1515.11 How do I make a FOIA request to CEQ?
(a) You must make your request by email to [email protected] or by
completing the request form at https://www.foia.gov. If you are not
able to make your request by either of these methods, please contact
CEQ's FOIA Public Liaison for assistance.
(b) When making a request to CEQ, you must:
(1) Clearly indicate that you are making a request for records,
such as by including ``Freedom of Information Act Request'' in the
subject line if you are submitting your request by email. If your email
includes attachments, you must enter your request in the body of the
email in addition to the attachment.
(2) Identify or reasonably describe the records you are requesting
in sufficient detail to enable CEQ personnel to locate them with a
reasonable amount of effort. Make your request as specific as you can.
If possible, include the date (or a range of dates), title or name,
author, recipient, subject matter, case number, file designation, or
reference number for the records you seek.
(3) Explain if you need CEQ to provide the records in a particular
form or format. CEQ ordinarily provides records in Portable Document
Format (PDF), but CEQ will provide its response in the format you
request if it is reasonably practicable to do so.
(4) Provide your contact information, such as your phone number,
your email address, or both, so that CEQ is able to contact you, as
necessary, regarding the status of your request and to clarify matters
related to your request.
(5) Indicate the maximum amount you are willing to pay in fees, as
described in subpart E of this part. If you are requesting a fee waiver
as part of your initial request, include the statement described at
Sec. 1515.34(a).
(6) If applicable, include a signed letter on your institution's
official letterhead, stating that you believe you qualify for a
reduction of fees, as described in Sec. 1515.33, because you are a
representative of a non-commercial scientific institution, a
representative of an educational institution, or a member of the news
media.
(c) If you are requesting information that is subject to the
Privacy Act of 1974 (i.e., records about you that CEQ maintains in a
system of records), you must follow the procedures under part 1516 of
this chapter, instead of the procedures in this part.
(d) If you are requesting copies of ethics-related documents that
CEQ makes available pursuant to section 105 of the Ethics in Government
Act of 1978 (such as CEQ employees' public financial disclosure
reports), you must follow the procedures at 5 CFR 2634.603, instead of
the procedures in this part. For more information, visit the U.S.
Office of Government Ethics website at https://www.oge.gov.
(e) If CEQ determines that your request does not reasonably
describe the records you are seeking, such that CEQ would not be able
to locate the records you have requested with a reasonable amount of
effort, CEQ will notify you and explain what additional information you
need to provide regarding the records that you seek.
(1) For example, if you request all records related to a broad
subject or all communications between CEQ and a third party, we will
generally ask you to clarify the scope of your request.
(2) Furthermore, your request must seek existing records of CEQ; we
will not create new records or compile new information in order to
respond to a FOIA request.
(3) If you have not provided a way to contact you, or you do not
respond to our inquiry within 30 working days (i.e., excepting
Saturdays, Sundays, and Federal holidays), CEQ will administratively
close your request. If possible, we will notify you of the closure.
Sec. 1515.12 Will CEQ keep my request confidential?
No. CEQ generally will not keep your request confidential. A FOIA
request, including the requester's identity, is generally a matter of
public record. CEQ publishes logs of requests and requesters at https://www.whitehouse.gov/ceq/foia/.
Sec. 1515.13 When will CEQ respond to my request?
(a) CEQ's Chief FOIA Officer or the Chief FOIA Officer's designee
will make an initial determination of how CEQ will respond to your
request within 20 working days from the date that CEQ received your
request, except as provided in this section.
(b) If CEQ is unable to make a determination within the 20-day
period because of ``unusual circumstances,'' we may extend the period
of time in which we will respond to your request.
(1) ``Unusual circumstances'' exist when, in order to properly
process your request, CEQ must search for, collect, and appropriately
examine a voluminous amount of separate and distinct records, CEQ must
consult with another agency or another component of the Executive
Office of the President, or CEQ must search at separate facilities.
(2) In determining whether ``unusual circumstances'' are present,
CEQ may aggregate and treat multiple requests on clearly related
matters from you (or from other persons acting in concert with you) as
a single request.
(3) Before the conclusion of the 20-day period, CEQ will notify you
of the ``unusual circumstances'' that apply and the date by which we
estimate we will complete processing your request.
(4) When the extension will exceed 10 working days, CEQ will
provide you the opportunity to modify the request or arrange an
alternative time period for processing the original or modified
request.
[[Page 6834]]
(c) If CEQ reasonably requires additional information from you to
clarify your request or to resolve fee-related matters, we may toll
(i.e., pause) the 20-day period, or any extension of that period, from
the date we request information from you until the date you respond. We
will only toll the response period one time for the purpose of
clarifying your request, but we may toll the response period more than
once to resolve fee-related matters.
Sec. 1515.14 What if my request is urgent?
(a) You may ask CEQ to expedite the processing of your FOIA request
or appeal. If CEQ agrees to expedite processing of your request or
appeal, we will process it with priority over non-expedited requests
and appeals and respond to you as quickly as possible.
(b) CEQ will expedite requests or appeals if:
(1) Failing to expedite the request or appeal could reasonably be
expected to pose an imminent threat to the life or physical safety of
an individual; or
(2) You are primarily engaged in disseminating information (e.g.,
you are a member of the news media), and you have an urgent need to
inform the public about an actual or alleged Federal Government
activity, beyond the public's right to know about Government activity
generally.
(c) You may ask for expedited processing when you make your initial
request or appeal, or at any later time.
(d) In order to ask for expedited processing, you must submit a
statement, certified to be true and correct, that explains in detail
why your request or appeal satisfies the requirements of paragraph
(b)(1) or (2) of this section. If you believe that you have an urgent
need to inform the public about an actual or alleged Federal Government
activity, you should provide examples of other coverage of the same or
related subjects, if possible. CEQ may waive the formal certification
requirement at its discretion.
(e) CEQ will notify you within 10 calendar days whether we will
grant or deny you expedited processing.
(f) If CEQ denies you expedited processing, you may appeal that
determination using the procedures in subpart C of this part. We will
process your appeal as promptly as we can.
Sec. 1515.15 How will CEQ process my request?
(a) If your request does not reasonably describe the records you
seek; the information you have requested is not a record subject to
FOIA; CEQ has already published the information you are requesting; or
your request does not follow the procedures described in the
regulations in this part, we will deny your request in accordance with
Sec. 1515.19.
(b) If your request reasonably describes the records you seek and
otherwise comports with the procedures described in this part, CEQ will
process your request as follows:
(1) CEQ will acknowledge your request in writing and assign it an
individualized tracking number. The written acknowledgment may include
CEQ's estimate of the date on which we will respond to your request.
(2) CEQ will search for agency records that respond to your
request. CEQ ordinarily will search records in our possession as of the
date that we begin our search. We will notify you if we use a different
date.
(3) If CEQ finds records that you have requested, we will determine
whether to grant your request (i.e., provide you with the records you
have requested) or to deny it (i.e., withhold the relevant records from
disclosure in accordance with Sec. 1515.16).
(4) Once CEQ has determined whether to grant your request in full,
grant it in part and deny it in part, or deny it in full, we will
notify you of our determination in writing.
(c) If CEQ determines that it has a voluminous amount of records
responsive to your request, or if your request requires CEQ to search
for records in multiple locations (electronic or physical), CEQ may
provide you with one or more interim responses, releasing responsive
records to you on a rolling basis.
Sec. 1515.16 How does CEQ determine when to withhold records or
portions of a record?
(a) If CEQ finds records that are responsive to your request, we
will review the records to determine whether to withhold any of the
records or portions of individual records.
(b) The FOIA identifies nine exemptions to the requirement that
agencies provide agency records upon request. CEQ will only withhold a
record or a portion of a record under one of these exemption to the
FOIA if CEQ reasonably foresees that disclosing it would harm an
interest that the exemption protects. In determining the interests at
stake in disclosing or withholding CEQ records, we bear in mind that
Congress, in creating CEQ, intended for the CEQ Chair to serve as a
confidential advisor to the President and the President's immediate
advisors on matters of environmental policy.
(c) CEQ will also withhold a record, or a portion of a record, if
disclosing it would violate another provision of the FOIA or a law
other than the FOIA.
(d) If the record concerns another government agency, CEQ generally
will involve the other agency in determining whether to withhold the
record or portions of the record, using the procedures at Sec.
1515.17.
Sec. 1515.17 What if I request records that involve another
Government office or agency?
(a) If CEQ determines that any of the CEQ records you have
requested involve another agency in the Federal Government, including
another component of the Executive Office of the President, we
generally will involve the other agency in reviewing that record in
either of two ways.
(1) CEQ may consult with the other agency regarding the record to
obtain the other agency's views on whether the record or portions of
the record are exempt from disclosure under the FOIA. We will take the
other agency's views into consideration when making a final
determination of whether to withhold the record or any portions of the
record.
(2) CEQ may refer the record to the other agency, in which case the
other agency will determine whether the record or portions of the
record are exempt from disclosure under the FOIA, and will respond
directly to you regarding your request for the record. If CEQ
determines to refer records you have requested to another agency, we
will notify you of the referral and explain how to contact the other
agency's FOIA officials.
(b) CEQ will choose between consulting with another agency about a
record and referring the record to the other agency according to the
following principles:
(1) Ordinarily, CEQ will use consultation procedures for records
that originated with CEQ but that contain information of interest to
another agency or office, and CEQ will refer records that originated
with another agency to that agency.
(2) CEQ will typically refer a classified record (or a portion of a
record) or a record that may be appropriate for classification to the
agency that either classified the information or should consider the
information for classification.
(c) CEQ may make agreements with other agencies about how CEQ will
handle records involving that agency or how that agency will handle
records involving CEQ. Any agreement we make will comply with the FOIA
and this part.
[[Page 6835]]
Sec. 1515.18 What happens if CEQ grants my request in full or in
part?
Once you have paid the fees that are due under subpart E of this
part (if any), CEQ will promptly provide you with a copy of the records
you requested, except for the records or portions of records we have
determined to withhold under Sec. 1515.16. We will follow the
procedures in Sec. 1515.19 with respect to those records or portions
of records.
Sec. 1515.19 What happens if CEQ denies my request in full or in
part?
(a) CEQ may deny your request in full or in part for these reasons,
among others:
(1) CEQ determines to withhold all or a portion of the records you
requested under Sec. 1515.16;
(2) Your request does not reasonably describe the records you seek;
(3) The information you requested is not a record subject to the
FOIA;
(4) CEQ has already published the records you are requesting;
(5) The records you requested do not exist, cannot be located, or
have been destroyed;
(6) The records you requested are not readily reproducible in the
form or format you seek; or
(7) Your request does not comport with the procedures set forth in
this part.
(b) If CEQ denies your request regarding expedited processing or
fee-related matters, we will also treat that as a denial of your
request in part and follow the procedures in this section.
(c) If CEQ determines to deny your request in full or in part, we
will notify you of the basis for the denial. The notification will
include the following information:
(1) The name and title or position of the person responsible for
the denial;
(2) A brief statement of the reasons for the denial, including any
FOIA exemption CEQ applied in determining to withhold records (or
portions thereof) under Sec. 1515.16;
(3) An estimate of the volume of the records CEQ is withholding,
unless the volume is indicated by markings we have made on the records
we are providing;
(4) A statement that you may appeal the denial to CEQ, under
subpart C of this part, and an explanation of what you must do to
appeal; and
(5) A reminder that you can obtain assistance from CEQ's FOIA
Public Liaison and dispute resolution services from the National
Archives and Records Administration's Office of Government Information
Services.
(d) For each record CEQ discloses in part, we will mark the record
clearly to show which portions we are withholding and the FOIA
exemptions we applied in determining to withhold those portions, unless
doing so would harm an interest protected by an applicable FOIA
exemption. If technically feasible, we will mark the record to indicate
the location of the portions we are withholding.
Subpart C--Appealing a FOIA Request
Sec. 1515.21 Can I appeal CEQ's response to my request?
(a) Yes. You may appeal CEQ's response if you disagree with any
determination that CEQ made in responding to your request, including
CEQ's determination to deny your request in whole or in part, CEQ's
determination to deny you expedited processing, CEQ's determination of
how to conduct the search for records, and fee-related determinations.
(b) CEQ must receive your appeal within 90 calendar days of the
date on which CEQ notified you of the relevant determination in
writing.
(c) You must make your appeal by email to [email protected]. If you
are not able to make your appeal by email, please contact CEQ's FOIA
Public Liaison for assistance.
(1) Clearly indicate that you are making an appeal, such as by
including ``Freedom of Information Act Appeal'' in the subject line. If
your email includes attachments, you also must explain your request in
the body of the email, in addition to the attachment.
(2) If you are not able to make your appeal by email, please
contact CEQ's FOIA Public Liaison for assistance.
(d) Your appeal must include your request's individualized tracking
number and must identify the specific CEQ determinations you are
appealing.
(e) If you fail to properly appeal a determination that CEQ made in
processing your request, you may lose your right to challenge that
determination in Federal court.
Sec. 1515.22 How will CEQ process my appeal?
(a) CEQ will review the determinations you have appealed and
determine if they are consistent with applicable law and policy. CEQ
will conduct this review de novo, which means that CEQ will not presume
that its prior determinations were correct. Whenever reasonably
possible, CEQ will assign your appeal to a different official than the
one who was responsible for processing your original request.
(b) CEQ will respond to your appeal within 20 working days from the
date that CEQ received your appeal.
(c) If CEQ determines to uphold a determination that you have
appealed, CEQ's response will:
(1) Include a statement that identifies our reasons for affirming
the decision, including any FOIA exemption CEQ applied in determining
to affirm our determination to withhold a record or a portion of a
record; and
(2) Explain how to challenge our determination by filing a lawsuit
in Federal court and how to seek dispute resolution services from the
National Archives and Records Administration's Office of Government
Information Services.
(d) If CEQ determines to reverse or modify a determination that you
have appealed, we will reprocess your request in accordance with the
reversed or modified determination, using the procedures set forth at
Sec. 1515.15.
(e) CEQ ordinarily will not adjudicate an appeal if the appealed
request becomes the subject of litigation.
Subpart D--Fees for FOIA Requests and Appeals
Sec. 1515.31 Can CEQ charge fees for processing FOIA requests and
appeals?
(a) Yes. CEQ may charge fees for processing your FOIA request.
(b) CEQ will determine whether to charge a fee and the amount of
the fee by using the rules in this subpart and the Office of Management
and Budget's Uniform Freedom of Information Act Fee Schedule and
Guidelines, as amended.\1\
---------------------------------------------------------------------------
\1\ 52 FR 10016 (Mar. 27, 1987).
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(c) CEQ will not charge fees for deciding whether to grant or deny
your appeal. If CEQ grants your appeal, we will charge fees for any
additional searching, reviewing, or duplication that we carry out as a
result of your appeal. For instance, if you appeal our determination of
how to conduct the search for records, and we grant your appeal, we
will conduct a new search in the manner you requested and will charge
you fees accordingly.
Sec. 1515.32 What is the amount of the fee for processing a request?
(a) CEQ will charge fees equal to:
(1) The basic hourly rate of pay for each employee who participates
in searching for records, reviewing records, or duplicating records
(including contract employees), multiplied by the total number of hours
that the employee worked on your request (rounded to the nearest
quarter of an hour), plus 16 percent (to account for employee
benefits); plus
(2) The total direct costs that CEQ incurs in searching for,
reviewing, or
[[Page 6836]]
duplicating records, such as the cost of operating computers and other
electronic equipment, but excluding overhead expenses such as the cost
of office space, heating, and lighting; plus
(3) An additional fee equal to the total direct costs of any
additional services that you and CEQ agree upon, such as providing
multiple copies of a record.
(b) In determining the fee under paragraph (a) of this section, CEQ
will use the following guidelines:
(1) ``Searching for records'' is the process of looking for and
retrieving the records you requested (including by electronic search)
and determining whether individual records contain the information that
you seek. CEQ will charge fees for searching for records even if we do
not locate any records that respond to your request, or even if we
determine not to disclose any of the records that we locate.
(2) ``Reviewing records'' is the process of examining records to
determine whether to withhold them, in accordance with Sec. 1515.16,
and preparing records for disclosure (for instance, by marking records
to indicate which portions CEQ is withholding).
(i) ``Reviewing records'' also includes the time CEQ spends
obtaining and considering the views of other government agencies under
Sec. 1515.17 and the time CEQ spends obtaining and considering formal
objections to disclosure under Sec. 1515.41.
(ii) ``Reviewing records'' does not include time CEQ spends
resolving general legal or policy questions regarding the application
of exemptions.
(iii) CEQ will charge fees for reviewing records even if we
determine not to disclose any of the records that we review.
(3) ``Duplicating records'' is the process of reproducing records,
including scanning or printing records as necessary, in order to
provide you with a copy.
(4) CEQ may include employee costs and direct costs that another
component of the Executive Office of the President incurs in assisting
CEQ with your request.
(c) CEQ will not charge fees if the total is less than $25.00, or
if we determine that the cost of collecting the fee would exceed the
amount of the fee.
(d) If CEQ reasonably determines that you (or other persons acting
in concert with you) have submitted multiple requests on related
matters for the purpose of avoiding fees, we may aggregate those
requests and charge fees accordingly.
Sec. 1515.33 Are there any exceptions for special requesters?
(a) Yes. CEQ makes the following exceptions for special requesters:
(1) CEQ will not charge you fees for searching for records if you
are an educational institution, a noncommercial scientific institution,
or a representative of the news media. Otherwise, CEQ will not charge
you fees for the first 2 hours of searching for records, unless you are
a commercial requester.
(2) CEQ will not charge you fees for reviewing records, unless you
are a commercial requester.
(3) CEQ will not charge you fees for the first 100 pages of
duplication (or an equivalent cost for duplication in other media),
unless you are a commercial requester.
(b) For purposes of applying the exceptions in this section:
(1) You are a representative of a non-commercial scientific
institution if your institution operates solely for the purpose of
conducting scientific research the results of which are not intended to
promote any particular product or industry, and your request is in
furtherance of scientific research.
(2) You are a representative of an educational institution if you
work for or study at a school that operates a program of scholarly
research and your request is in furtherance of scholarly research.
(3) You are a representative of the news media if you or your
employer gathers information of potential interest to a segment of the
public, uses editorial skills to turn the raw materials into a distinct
work, and distributes that work to an audience, and your request is in
furtherance of these activities. For the purposes of this paragraph
(b), news means information that is about events of current interest to
the public.
(i) If you are a freelance journalist, CEQ will consider you a
representative of the news media if you can demonstrate that you have a
solid basis to expect that a news media entity will publish the work to
which your request relates, such as a publishing contract or a strong
record of past publications.
(ii) If you are a representative of the news media, CEQ will
ordinarily presume that your request does not primarily further a
commercial interest for purposes of this section and Sec. 1515.34.
(4) You are a commercial requester if you do not qualify as a
special requester under paragraph (b)(1), (2), or (3) of this section
and your request furthers a commercial, trade, or profit interest or
supports litigation in furtherance of those interests.
(c) If you claim to be a representative of a non-commercial
scientific institution, an educational institution, or the news media,
CEQ may require you to verify your status by providing reasonable
documentation, such as a signed letter on official letterhead. If you
claim that your request is non-commercial for another reason, CEQ may
require you to explain why it is non-commercial.
Sec. 1515.34 Can I apply for a fee waiver?
(a) Yes. You can apply for a waiver of fees (or a reduction of
fees) by submitting a written statement that explains why disclosing
the information will meet the conditions in paragraph (c) of this
section.
(b) You can apply for a fee waiver at any time before CEQ completes
processing your request or an appeal of your request. You can apply for
a fee waiver with respect to a part of the records you seek or with
respect to all of them.
(c) CEQ will grant you a fee waiver if all of the following
conditions are met:
(1) Disclosure of the requested information would shed light on the
operations or activities of the Government. The connection between the
subject matter of your request, on the one hand, and identifiable
operations or activities of the Federal Government, on the other, must
be direct and clear, not remote or attenuated.
(2) Disclosure of the requested information would likely contribute
significantly to public understanding of those operations or
activities, because it would satisfy both of the following criteria:
(i) Disclosure of the requested records would be meaningfully
informative about Government operations or activities. (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.)
(ii) The disclosure would contribute to the understanding of a
reasonably broad audience of persons interested in the subject, as
opposed to your own individual understanding. (CEQ will presume that
your request satisfies this criterion if you are a representative of
the news media; otherwise, we will consider your expertise in the
subject area as well as your ability and intention to effectively
convey information to the public.)
(3) Disclosure of the requested information would not primarily
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advance your commercial, trade, or profit interests.
(d) CEQ will determine whether to grant or deny your request for a
fee waiver if and when we would otherwise charge you fees. If we
determine prior to that time that we are unlikely to grant your request
for a fee waiver, we may notify you of our determination so that you
may modify your request.
Sec. 1515.35 When will CEQ contact me about fee-related matters?
(a) If CEQ determines or estimates that we will charge you more
than $25.00 in fees, we will notify you of our determination or
estimate, unless you have already told us that you are willing to pay
fees equal to or in excess of the amount we have determined or
estimated.
(1) If CEQ can only estimate a part of the fee, we will explain
that in the notice.
(2) If you are entitled to 2 hours of searching and 100 pages of
duplication for free for the reasons described in Sec. 1515.33, CEQ
will advise you of this and explain whether we have already provided
these entitlements.
(3) CEQ may ask you to tell us the maximum amount you are willing
to pay in fees in writing, in which case we will toll the period for
processing your request until you respond.
(b) If CEQ determines or estimates that the fee will exceed the
maximum amount you previously told us you were willing to pay, we will
inquire with you about modifying your request or increasing the
maximum, and we will toll the period for processing your request until
you respond.
(c) If you have not provided a way to contact you regarding fee
matters, or you do not respond to a fee-related inquiry within 30
calendar days, CEQ will deny your request.
Sec. 1515.36 Do I have to pay fees if CEQ misses the deadline for
responding to my request?
CEQ will not charge search fees or duplication fees if we have
failed to grant or deny your request within the period described in
Sec. 1515.13, unless:
(a) CEQ determines that unusual circumstances are present, as
described in Sec. 1515.13; and
(1) CEQ finishes processing your request within 10 working days of
the original deadline; or
(2) Your request seeks more than 5,000 pages of records; CEQ has
provided you timely written notice of the unusual circumstances; and we
have discussed with you how you could effectively limit the scope of
your request (or we made at least three attempts in good faith to do
so); or
(b) A court grants CEQ additional time to process your request due
to exceptional circumstances, and we finish processing your request
within the period set forth in a court order.
Sec. 1515.37 When are fees due and how do I pay them?
(a) Ordinarily, CEQ will bill you for fees at the time we respond
to your FOIA request.
(b) When CEQ determines or estimates that the total fee for your
request will exceed $250, we may require that you pay all or part of
the anticipated fee in advance before we will process (or continue to
process) your request.
(c) If you have previously failed to pay a FOIA fee that was due to
any Government agency within 30 calendar days of the billing date, CEQ
may require you to pay the outstanding fee (including interest) and
make an advance payment of the anticipated fee for your current request
before we will process (or continue to process) your request.
(d) If CEQ requires you to make an advance payment under this
section, we will toll the period for processing your request until we
receive the payment. If you do not pay within 30 calendar days, we will
deny your request.
(e) CEQ will inform you of how to make a payment at the time that
we bill you or require you to make an advance payment.
Sec. 1515.38 What will CEQ do if I do not promptly pay the fee?
If you do not pay a fee within 30 calendar days of the date of the
bill:
(a) CEQ may charge interest, at the rate provided for in 31 U.S.C.
3717, from the 31st day following the date of billing through the date
we receive your payment; and
(b) CEQ will follow the provisions of the Debt Collection Act of
1982 (Pub. L. 97-365, 96 Stat. 1749), as amended, including its
administrative procedures, which provide for the use of consumer
reporting agencies, collection agencies, and offset.
Subpart E--Confidential Commercial Information and Preservation of
Records
Sec. 1515.41 How does CEQ handle confidential commercial information?
(a) At the time that a person or entity outside the Federal
Government (a submitter) directly or indirectly provides information to
CEQ, the submitter must mark or otherwise designate any part of its
submission that it considers in good faith to be confidential
commercial information.
(1) Confidential commercial information means commercial or
financial information that comes within the scope of Exemption 4 of the
FOIA, 5 U.S.C. 552(b)(4).
(2) In good faith means not frivolously.
(3) The submitter also must explain how long CEQ should consider
the information to be confidential commercial information, or else CEQ
will presume that the designation expires after 10 years.
(b) Prior to disclosing information in response to a FOIA request,
CEQ will provide written notice to the submitter if:
(1) The submitter has properly designated the information as
confidential commercial information pursuant to paragraph (a) of this
section; or
(2) CEQ requires the submitter's views on whether the information
is confidential commercial information.
(c) Each notice under paragraph (b) of this section will either
describe the information in question or include a copy of the requested
records (or portions of records) containing the information. If the
matter involves a large number of submitters, CEQ may post or publish
the notice in a place or manner reasonably likely to inform the
submitters of the potential disclosure, instead of sending individual
notifications.
(d) CEQ will not provide a notice under paragraph (b) of this
section if:
(1) CEQ has determined to withhold the information under Sec.
1515.16;
(2) Someone other than CEQ has already lawfully published the
information; or
(3) A law other than the FOIA requires CEQ to disclose the
information.
(e) When CEQ provides a notice under paragraph (b) of this section:
(1) CEQ will give the submitter a reasonable period in which to
reply.
(2) If the submitter objects to CEQ disclosing the information (in
whole or in part), the submitter must reply to CEQ with a detailed
explanation of which FOIA exemptions it believes apply to the
information and why the information comes within the scope of those
FOIA exemptions. CEQ will consider the submitter's reply, if any, in
determining whether to disclose the information in question in response
to a FOIA request.
(3) If the submitter does not reply to CEQ during the period stated
in the notice, CEQ will deem the submitter to have no objection to
CEQ's disclosure of the information, except that CEQ may consider late
replies in its discretion.
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(f) If CEQ determines to disclose information over a submitter's
objection, CEQ will notify the submitter in writing.
(1) The notice will explain why CEQ disagreed with the submitter's
objections and describe the information CEQ will disclose (or include a
copy of the relevant agency records in the form in which CEQ will
release them).
(2) The notice will indicate the date on which CEQ will disclose
the information, which will be a reasonable number of calendar days
following the date of the notice unless the FOIA requires us to
disclose the information more promptly.
(3) CEQ will also provide the notice described in this paragraph
(f) when CEQ determines to disclose information that a submitter
designated as confidential commercial information not in good faith.
(g) CEQ will notify a submitter who has designated confidential
commercial information pursuant to paragraph (b) of this section if a
requester files a lawsuit seeking to compel CEQ to disclose the
information under the FOIA.
(h) CEQ will notify the relevant FOIA requester whenever it
provides a notice under paragraph (b) or (f) of this section, and
whenever a submitter files a lawsuit to prevent the disclosure of
information.
PART 1516--PRIVACY ACT IMPLEMENTATION
Sec.
1516.1 What is the purpose of this part?
1516.2 What records does this part cover?
1516.3 When will CEQ disclose records about me?
1516.4 How can I obtain access to CEQ's records about me?
1516.5 How can I get information about how CEQ has used its records
about me?
1516.6 How can I ask CEQ to correct my records?
1516.7 How can I appeal CEQ's decision to deny my request to access
or correct records about me?
1516.8 Will CEQ charge me a fee for a copy of my records?
Authority: 5 U.S.C. 552a.
Sec. 1516.1 What is the purpose of this part?
(a) This part explains how the Council on Environmental Quality
(CEQ) manages certain records about individuals under the Privacy Act
of 1974 (the Privacy Act). You can find the text of the Privacy Act at
5 U.S.C. 552a.
(b) This part explains how you, a citizen or lawful permanent
resident of the United States, can request access to records about
yourself, request that CEQ amend or correct those records, or request
that CEQ inform you about how it has used those records.
Sec. 1516.2 What records does this part cover?
(a) This part covers any records about you that CEQ maintains in a
system of records.
(b) A record is any item, collection, or grouping of information
about you that contains your name or another piece of information that
identifies you (for example, your social security number).
(c) CEQ maintains your record in a system of records if CEQ:
(1) Maintains, collects, uses, or disseminates the record as part
of a larger group of records; and
(2) Organizes the group by individuals' names or by another piece
of information that identifies individuals (such as their Social
Security numbers).
Sec. 1516.3 When will CEQ disclose records about me?
CEQ will only disclose records about you that it maintains in
system of records if:
(a) You or your authorized representative submit a request for your
own records or agree in writing that CEQ may disclose the records to
someone else;
(b) CEQ is making the disclosure as part of one of CEQ's routine
uses of the records, which CEQ must have previously established in a
written public notice; or
(c) The disclosure qualifies for one of the other exceptions
described in section 3 of the Privacy Act, which you can find at 5
U.S.C. 552a(b).
Sec. 1516.4 How can I obtain access to CEQ's records about me?
(a) You can obtain access to CEQ's records about you by submitting
a request by email to [email protected]. If you are not able to make
your request by email, please contact CEQ's Office of the General
Counsel for assistance by calling 202-395-5750.
(b) Your request must describe the records that you want, in enough
detail to enable CEQ to locate them with a reasonable amount of effort.
(1) You should name or describe the system of records you want CEQ
to search.
(2) If you are not sure which system of records you are interested
in, you may request that CEQ inform you which of its systems of
records, if any, contain records about you.
(c) To protect the privacy of your records, CEQ will require you to
verify your identity before processing your request. CEQ may require
you to:
(1) Provide a statement that contains your name, your current
address, and your date and place of birth, and sign the statement
before a notary public;
(2) Verify your identity using an electronic authentication
process; or
(3) Supply additional information as necessary in order to verify
your identity.
(d) CEQ may deny your request if:
(1) CEQ prepared the records you are seeking in reasonable
anticipation of a civil action or proceeding (that is, a lawsuit or a
similar proceeding); or
(2) The Privacy Act exempts the system containing your records from
the requirement that CEQ provide those records upon request.
(e) If CEQ grants your request, you may arrange to review your
records in person, obtain a copy from CEQ, or both. If you choose to
review your records in person, you may choose one person to accompany
you, except that CEQ may first require you to authorize CEQ to discuss
your records in that person's presence.
(f) If CEQ denies your request in whole or in part, CEQ will give
you the reason for its decision in writing and explain how you can
challenge the denial.
Sec. 1516.5 How can I get information about how CEQ has used its
records about me?
You can request information about how CEQ has used its records
about you--called an ``accounting of disclosures''--using the same
procedures you would use to make a request for access to your records
under Sec. 1516.4.
Sec. 1516.6 How can I ask CEQ to correct my records?
(a) You can request that CEQ correct or update its records about
you using the same procedures you would use to make a request for
access to your records under Sec. 1516.4.
(b) In your request, you must explain exactly what change you are
requesting and point out specific pieces of information in your CEQ
records that are inaccurate, irrelevant, outdated, or incomplete.
(c) CEQ will review your request, decide whether to grant or deny
it, and inform you of the decision within 10 working days (i.e.,
excepting Saturdays, Sundays, and Federal holidays).
(d) If CEQ denies your request, CEQ will give you the reason for
its decision in writing and explain how you can appeal the denial.
Sec. 1516.7 How can I appeal CEQ's decision to deny my request to
access or correct records about me?
(a) If CEQ denies your request to access or correct CEQ's records
about you, you can appeal the decision using the same procedures you
would use to
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make a request for access to your records under Sec. 1516.4.
(b) In your appeal, you must include a copy of CEQ's decision
denying your request and explain exactly why you believe the decision
was wrong.
(c) The General Counsel of CEQ (or the General Counsel's designee)
will review your appeal, decide whether to grant or deny it, and inform
you of the decision within 30 working days. If it is necessary to
extend the time for making a decision, the Chair of CEQ (or the Chair's
designee) will explain why in writing.
(d) If CEQ's General Counsel (or designee) denies your appeal, you
may provide CEQ with a concise statement that explains your
disagreement with the decision, and you may bring a civil lawsuit
against CEQ.
(1) If CEQ subsequently discloses the disputed record under Sec.
1516.4, we will clearly identify the disputed portion of the record and
attach a copy of your statement of disagreement.
(2) For more information about filing a civil lawsuit, see 5 U.S.C.
552a(g)(1).
Sec. 1516.8 Will CEQ charge me a fee for a copy of my records?
If you request a copy of CEQ's records about you, CEQ may charge
you a fee of no more than 10 cents per page, which you must pay before
CEQ provides you with a copy of your records.
[FR Doc. 2025-00960 Filed 1-17-25; 8:45 am]
BILLING CODE 3325-FA-P