[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Proposed Rules]
[Pages 58663-58669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24703]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 2

[13XD4523WS DS10200000 DWSN00000.000000 WBS DP10202]
RIN 1093-AA19


Freedom of Information Act Regulations

AGENCY: Office of the Secretary, Interior.

ACTION: Proposed rule.

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SUMMARY: This rule would revise the regulations that the Department of 
the Interior (Department) follows in processing records under the 
Freedom of Information Act. The revisions clarify and update procedures 
for requesting information from the Department and procedures that the 
Department follows in responding to requests from the public.

DATES: Comments on the rulemaking must be submitted on or before 
November 30, 2015.

ADDRESSES: You may submit comments on the rulemaking by either of the 
methods listed below. Please use Regulation Identifier Number 1093-AA19 
in your message.
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions on the Web site for submitting comments.
    2. U.S. mail, courier, or hand delivery: Executive Secretariat--
FOIA regulations, Department of the Interior, 1849 C Street NW., 
Washington, DC 20240.

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

SUPPLEMENTARY INFORMATION: 

[[Page 58664]]

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

    In late 2012, the Department published a final rule updating and 
replacing the Department's previous Freedom of Information Act (FOIA) 
regulations. Since that time, in order to maintain the independence of 
the Office of Inspector General (OIG), the Department and the OIG have 
agreed to authorize the OIG to process their own FOIA appeals. 
Additionally, the Department has recently migrated its Web site to a 
new framework, leading to updated links. Finally, the Department has 
received feedback from its FOIA practitioners and requesters and 
identified areas where it would be possible to further update, clarify, 
and streamline the language of some procedural provisions. Therefore, 
the Department is proposing to make the following changes:
     Section 2.1(e) would be amended to identify the 
regulations applicable to Privacy Act requests.
     Section 2.5(d) would be amended to provide more guidance 
on what happens when a request does not reasonably describe the records 
sought.
     Portions of Sec.  2.6 would be amended to make explicit 
that a fee waiver request is a valid way of responding to a request for 
additional fee information and to emphasize fee issues must be resolved 
before processing will begin.
     A sentence would be added to Sec.  2.8(a) to require a 
bureau that cannot readily reproduce the requested record in the form 
or format requested to explain why it cannot.
     Section 2.9(b) would be amended to remove a superfluous 
introductory phrase.
     Section 2.10 would be amended to highlight the 
requirements a requester seeking expedited processing must meet and the 
consequences of not meeting those requirements.
     Section 2.11 would be amended to reduce the suggested 
contact information provided by requesters.
     Section 2.12(c) would be amended to emphasize that 
reasonable efforts must be made to search for requested records and to 
clarify when searching for requested records in electronic form or 
format will not occur.
     A sentence would be added to Sec.  2.15(e) to require 
bureaus to provide more information to requesters when placing them in 
a different processing track than requested.
     Section 2.16(a) would be amended to clarify and streamline 
discussion of when the time period for responding to a request begins 
and ends.
     The introductory language of Sec.  2.19(a) would be 
amended to clarify when bureaus may extend the basic time limit.
     Portions of Sec.  2.20 would be amended to make explicit 
that expedited processing requests are only appropriate before the 
bureau issues its final response; to require bureaus to provide more 
information to requesters when denying expedited processing requests; 
and to clarify that the portion of an appeal that relates to an 
expedited processing denial, rather than the entire appeal, will be 
processed ahead of other appeals.
     Section 2.22(c) and (d) would be amended to clarify when 
records may be released to requesters.
     Section 2.23(a)(3) would be amended to add a clarifying 
phrase.
     Section 2.24(b) would be amended and enlarged to require 
bureaus to provide more information to requesters in denial 
notifications.
     Section 2.25(c) would be amended to clarify what 
information must be provided to requesters, and where, when portions of 
responsive records have been deleted.
     Section 2.26 and Sec.  2.27(a) would be amended to provide 
more information on when submitter notification is required.
     One word in Sec.  2.27(b) would be replaced to more 
closely track the language of Executive Order No. 12600, (52 FR 23781, 
published June 23, 1987).
     Section 2.28(a) would be amended to clarify that a general 
description of the request would suffice for submitter notices 
published under Sec.  2.27(b).
     Section 2.31(a)(1) and (2) would be amended to clarify the 
information a submitter must provide when objecting to the release of 
responsive information under Exemption 4.
     Section 2.37(g) would be added and Sec.  2.49(a)(1) would 
be amended so the concept that requesters generally will not be charged 
if the fee for processing their request is less than $50 is introduced 
sooner.
     Section 2.37(h) would be added to make the consequences of 
failure to pay bills for FOIA-related fees explicit.
     Section 2.37(i) would be added to notify requesters they 
can seek assistance, when considering reformulating their request to 
meet their needs at a lower cost, from the bureau's designated FOIA 
contact or FOIA Public Liaison.
     A sentence would be added to Sec.  2.38(b) to require 
bureaus to provide more information to requesters when placing them in 
a different fee category than requested.
     Section 2.39 would be amended to replace one word for the 
sake of grammatical consistency.
     Section 2.42(d) would be amended to further discuss the 
impact of requester preferences for paper and/or electronic formats.
     Section 2.44(b) would be amended to provide different 
examples of special services a requester might have to pay for.
     The introductory language of Sec. Sec.  2.45(a) and 
2.48(a) would be amended to clarify what a requester must demonstrate 
to be entitled to a fee waiver.
     Section 2.46(b) would be amended to clarify when fee 
waiver requests may be made.
     Minor grammatical changes would be made to Sec.  2.47(a), 
(c), and (d) to allow a new Sec.  2.47(e) to increase clarity and 
require bureaus to provide the requester with notice of anticipated 
fees when denying a request for a fee waiver.
     Section 2.48(a)(2)(v) would be amended to note that 
representatives of the news media will be presumed to have the ability 
and intent to disseminate the requested information to a reasonably 
broad audience of persons interested in the subject.
     Section 2.49(c) would be amended to allow requesters more 
flexibility in resolving fee issues.
     Portions of Sec.  2.50 would be amended to clarify and 
streamline discussion of advance payments.
     Section 2.51(b)(3) would be amended to ensure consistent 
phrasing.
     Section 2.57(a)(5) and (6) would be amended to include 
minor, clarifying additions.
     Section 2.60 would be amended to reflect that the FOIA 
Appeals Officer would no longer be the deciding official for FOIA 
appeals arising from OIG FOIA responses, and small portions of 
Sec. Sec.  2.20(c), 2.24(b)(5), 2.47(d), 2.62, and 2.63 would also be 
amended to reflect this change.
     Section 2.62 would be streamlined to follow the 
requirements of FOIA more closely.
     Section 2.66 would be amended to provide more information 
on the role played by FOIA Public Liaisons.
     A word would be added to the definition of ``multitrack 
processing'' in Section 2.70 to ensure it is consistent with Section 
2.14.
     Section 2.1(d), 2.1(g), 2.3(c), 2.21(a), 2.41(c), 2.59(a), 
2.65, and 2.70 would be amended to reflect updated Web site links.

II. Compliance With Laws and Executive Orders

1. Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order (E.O) 12866 provides that the Office of Information 
and

[[Page 58665]]

Regulatory Affairs will review all significant rules. The Office of 
Information and Regulatory Affairs has determined that this rule is not 
significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

2. Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

3. Small Business Regulatory Enforcement Fairness Act

    This is not a major rule under 5 U.S.C. 804(2), the Small Business 
Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

4. Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. This rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

5. Takings (E.O. 12630)

    In accordance with Executive Order 12630, this rule does not have 
significant takings implications. A takings implication assessment is 
not required.

6. Federalism (E.O. 13132)

    In accordance with Executive Order 13132, this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement. It would not substantially and 
directly affect the relationship between the Federal and state 
governments. A federalism summary impact statement is not required.

7. Civil Justice Reform (E.O. 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Executive Order.

8. Consultation With Indian Tribes (E.O. 13175)

    Under the criteria in Executive Order 13175, we have evaluated this 
rule and determined that it has no potential effects on federally 
recognized Indian tribes. This rule does not have tribal implications 
that impose substantial direct compliance costs on Indian Tribal 
governments.

9. Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget under the Paperwork 
Reduction Act is not required.

9. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required. Pursuant to Department Manual 516 DM 2.3A(2), Section 1.10 of 
516 DM 2, Appendix 1 excludes from documentation in an environmental 
assessment or impact statement ``policies, directives, regulations and 
guidelines of an administrative, financial, legal, technical or 
procedural nature; or the environmental effects of which are too broad, 
speculative or conjectural to lend themselves to meaningful analysis 
and will be subject late to the NEPA process, either collectively or 
case-by-case.''

10. Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required. This rule will not have a significant effect on the nation's 
energy supply, distribution, or use.

11. Clarity of This Regulation

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.

12. Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 43 CFR Part 2

    Freedom of information.

Kristen J. Sarri,
Principal Deputy Assistant Secretary for Policy, Management, and 
Budget.

    For the reasons stated in the preamble, the Department of the 
Interior proposes to amend part 2 of title 43 of the Code of Federal 
Regulations as follows:

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

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


[[Page 58666]]


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

Subpart A--Introduction

0
2. Amend Sec.  2.1 by:
0
a. In paragraph (d), the second sentence, removing the Web site address 
``http://www.doi.gov/foia/guidance.cfm'' and adding in its place the 
Web site address https://www.doi.gov/foia/news/guidance;
0
b. Revising paragraph (e); and
0
c. In paragraph (g), the first sentence, removing the Web site address 
``http://www.doi.gov/foia/libraries.cfm'' and adding in its place the 
Web site address ``http://www.doi.gov/foia/libraries''.
    The revision reads as follows:


Sec.  2.1  What should you know up front?

* * * * *
    (e) The Department's regulations for requests made under the 
Privacy Act of 1974, 5 U.S.C. 552a, are located at subpart K of this 
part.
* * * * *

Subpart B--How To Make a Request


Sec.  2.3  [Amended]

0
3. Amend Sec.  2.3(c), the second sentence, by:
0
a. Removing the Web site address ``http://www.doi.gov/foia/index.cfm'' 
and adding in its place the Web site address ``https://www.doi.gov/
foia''; and
0
b. Removing the Web site address ``http://www.doi.gov/foia/contacts.cfm'' and adding in its place the Web site address ``http://www.doi.gov/foia/contacts''.
0
4. In Sec.  2.5, revise paragraph (d) to read as follows:


Sec.  2.5  How should you describe the records you seek?

* * * * *
    (d) If the request does not reasonably describe the records sought, 
the bureau will inform you what additional information you need to 
provide in order to reasonably describe the records that you seek so 
the requested records can be located with a reasonable amount of 
effort. The bureau will also notify you that it will not be able to 
comply with your request unless the additional information it has 
requested is received from you in writing within 20 workdays and that 
you may appeal this determination. If you receive this type of 
notification, you may wish to discuss it with the bureau's designated 
FOIA contact or its FOIA Public Liaison (see Sec.  2.66 of this part). 
If you do not provide the bureau with the additional information as 
discussed above, the bureau will presume that you are no longer 
interested in the records and will close the file on the request.
0
5. Amend Sec.  2.6 by:
0
a. In paragraph (b) introductory text by adding the words ``or request 
a fee waiver'' after the words ``pay processing fees''; and
0
b. Revising paragraphs (b)(3), (d), and (e).
    The revisions read as follows:


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

* * * * *
    (b) * * *
    (3) That it will not be able to fully comply with your request 
unless you provide a fee waiver request and/or the requested written 
assurance or advance payment.
* * * * *
    (d) If you are seeking a fee waiver, your request must include a 
justification that addresses and meets the criteria in Sec. Sec.  2.45, 
2.48, and 2.56 of this part. Failure to provide sufficient 
justification will result in a denial of the fee waiver request. If you 
are seeking a fee waiver, you may also indicate the amount you are 
willing to pay if the fee waiver is denied. This allows the bureau to 
process the request for records while it considers your fee waiver 
request.
    (e) The bureau will begin processing the request only after all 
issues regarding fees are resolved.
* * * * *
0
6. In Sec.  2.8, add a sentence to the end of paragraph (a) to read as 
follows:


Sec.  2.8  Can you ask for records to be disclosed in a particular form 
or format?

    (a) * * * If the bureau cannot readily reproduce the record in that 
form or format, it must explain why it cannot.
* * * * *
0
7. In Sec.  2.9, revise paragraph (b) to read as follows:


Sec.  2.9  What if your request seeks records about another person?

* * * * *
    (b) The bureau can require you to supply additional information if 
necessary to verify that a particular person has consented to 
disclosure or is deceased.
0
8. Revise Sec.  2.10 to read as follows:


Sec.  2.10  May you ask for the processing of your request to be 
expedited?

    You may ask for the processing of your request to be expedited. If 
you are seeking expedited processing, your request must include a 
justification that addresses and meets the criteria in Sec.  2.20 of 
this part. Failure to provide sufficient justification will result in a 
denial of the expedited processing request.
0
9. Revise Sec.  2.11 to read as follows:


Sec.  2.11  What contact information should your request include?

    A request should include your name and a way (such as a mailing or 
email address) for the bureau to send responsive records to you and to 
request additional information or clarification of your request. You 
may also wish to include a daytime telephone number (or the name and 
telephone number of an appropriate contact).

Subpart C--Processing Requests

0
10. In Sec.  2.12, revise paragraph (c) to read as follows:


Sec.  2.12  What should you know about how bureaus process requests?

* * * * *
    (c) The bureau will make reasonable efforts to search for the 
requested records. As part of its reasonable efforts, the bureau will 
search paper and/or electronic records (for example, emails), as 
appropriate. The bureau will not search for records in an electronic 
form or format if these efforts would significantly interfere with the 
operation of the bureau's automated information system.
* * * * *

Subpart D--Timing of Responses to Requests

0
11. In Sec.  2.15, add a sentence to the end of paragraph (e) to read 
as follows:


Sec.  2.15  What is multitrack processing and how does it affect your 
request?

* * * * *
    (e) * * * If you request placement in a particular processing track 
but the bureau places you in a different processing track, the bureau 
will provide you with an explanation of why you were not placed in the 
processing track you requested.
* * * * *
0
12. In Sec.  2.16, revise paragraph (a) to read as follows:


Sec.  2.16  What is the basic time limit for responding to a request?

    (a) Ordinarily, the bureau has 20 workdays (including the date of 
receipt) to determine whether to comply with a request, but unusual 
circumstances may allow the bureau to take longer than 20 workdays (see 
Sec.  2.19 of this subpart).
* * * * *
0
13. In Sec.  2.19, revise paragraph (a) introductory text to read as 
follows:


Sec.  2.19  When may the bureau extend the basic time limit?

    (a) The bureau may extend the basic time limit, if unusual 
circumstances exist, by notifying you in writing of:
* * * * *

[[Page 58667]]

0
14. In Sec.  2.20, revise paragraphs (c), (f), and (g) to read as 
follows:


Sec.  2.20  When will expedited processing be provided and how will it 
affect your request?

* * * * *
    (c) You may ask for expedited processing of your request by writing 
to the appropriate FOIA contact in the bureau that maintains the 
records requested any time before the bureau issues its final response 
to your request. When making a request for expedited processing of an 
administrative appeal, submit the request to the appropriate deciding 
official for FOIA appeals.
* * * * *
    (f) If expedited processing is denied, the bureau will:
    (1) Inform you of the basis for the denial, including an 
explanation of why the expedited processing request does not meet the 
Department's expedited processing criteria under this section; and
    (2) Notify you of the right to appeal the decision on expedited 
processing in accordance with the procedures in subpart H of this part.
    (g) If you appeal the bureau's expedited processing decision, this 
portion of your appeal (if it is properly formatted under Sec.  2.59 of 
this part) will be processed before appeals that do not challenge 
expedited processing decisions.
* * * * *

Subpart E--Responses to Requests


Sec.  2.21--[Amended]  

0
15. In Sec.  2.21(a), the second sentence, remove the Web site address 
``http://www.doi.gov/foia/news/guidance/index.cfm'' and add in its 
place the Web site address ``https://www.doi.gov/foia/news/guidance''.
0
16. Amend Sec.  2.22 by:
0
a. Revising paragraph (c); and
0
b. In paragraph (d), adding the words ``released or'' after the words 
``the records will be''.
    The revision reads as follows:


Sec.  2.22  How will bureaus grant requests?

* * * * *
    (c) The bureau will release records (or portions of records) to you 
promptly upon payment of any applicable fees (or before then, at its 
discretion).
* * * * *


Sec.  2.23--[Amended]  

0
17. In Sec.  2.23(a)(3), add the words ``and/or control'' after the 
words ``bureau's possession''.
0
18. In Sec.  2.24, revise paragraph (b) to read as follows:


Sec.  2.24  How will the bureau deny requests?

* * * * *
    (b) The denial notification must include:
    (1) The name and title or position of the person responsible for 
the denial, along with an office phone number or email address;
    (2) A statement of the reasons for the denial;
    (3) A reference to any FOIA exemption applied by the bureau to 
withhold records in full or in part;
    (4) An estimate of the volume of any records withheld in full or in 
part (for example, by providing the number of pages or some other 
reasonable form of estimation), unless an estimate would harm an 
interest protected by an exemption used to withhold the records;
    (5) The name and title of the Office of the Solicitor or Office of 
General Counsel attorney consulted (if the bureau is denying a fee 
waiver request or withholding all or part of a requested record); and
    (6) A statement that the denial may be appealed under subpart H of 
this part and a description of the procedures in subpart H of this 
part.
0
19. In Sec.  2.25, revise paragraph (c) to read as follows:


Sec.  2.25  What if the requested records contain both exempt and 
nonexempt material?

* * * * *
    (c) If technically feasible, indicating the FOIA exemption under 
which the deletion of information was made, as required by paragraph 
(b) of this section, at the place in the record where the deletion was 
made.

Subpart F--Handling Confidential Information

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


Sec.  2.26  May submitters of possibly confidential information 
designate confidential information when making Departmental 
submissions?

    (a) The Department encourages, but does not require, submitters to 
designate confidential information in good faith (in other words, to 
identify specific information as information considered protected from 
disclosure under Exemption 4 of the FOIA, found at 5 U.S.C. 552(b)(4)), 
at the time of submission or reasonably soon thereafter.
    (b) The designations discussed in paragraph (a) of this section 
assist the bureau in determining whether information obtained from the 
submitter is confidential, but are not determinative; these 
designations therefore do not preempt the requirement for bureau-
provided notifications under Sec.  2.27 of this subpart.
0
21. Amend Sec.  2.27 by:
0
a. Revising paragraph (a); and
0
b. In paragraph (b), removing the word ``large'' and adding in its 
place the word ``voluminous''.
    The revision reads as follows:


Sec.  2.27  When will the bureau notify a submitter of a request for 
their possibly confidential information?

    (a) Except as outlined in Sec.  2.29 of this subpart, a bureau must 
promptly notify a submitter in writing when it receives a FOIA request 
if:
    (1) The requested information has been designated by the submitter 
under Sec.  2.26(a) of this subpart; or
    (2) The requested information has not been designated by the 
submitter under Sec.  2.26(a) of this subpart, but the requested 
information may be protected from disclosure under Exemption 4 of the 
FOIA, found at 5 U.S.C. 552(b)(4).
* * * * *
0
22. In Sec.  2.28, revise paragraph (a) to read as follows:


Sec.  2.28  What information will the bureau include when it notifies a 
submitter of a request for their possibly confidential information?

* * * * *
    (a) Either a copy of the request, the exact language of the 
request, or (for notices published under Sec.  2.27(b) of this subpart) 
a general description of the request;
* * * * *
0
23. In Sec.  2.31, revise paragraphs (a)(1) and (2) to read as follows:


Sec.  2.31  What must a submitter include in a detailed Exemption 4 
objection statement?

    (a) * * *
    (1) Whether the submitter provided the information voluntarily and, 
if so, how disclosure will impair the Government's ability to obtain 
similar information in the future and/or how the information fits into 
a category of information that the submitter does not customarily 
release to the public;
    (2) Whether the Government required the information to be 
submitted, and if so, how disclosure will impair the Government's 
ability to obtain similar information in the future and/or how 
substantial competitive or other business harm would likely result from 
disclosure; and
* * * * *

Subpart G--Fees

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

[[Page 58668]]

Sec.  2.37  What general principles govern fees?

* * * * *
    (g) If the fee for processing your request is less than $50, you 
will not be charged unless multiple requests are aggregated under Sec.  
2.54 of this subpart to an amount that is $50 or more.
    (h) If you fail to pay any FOIA-related fee within 30 calendar days 
of the date of billing, the processing of any new or ongoing requests 
and/or appeals from you shall ordinarily be suspended.
    (i) If you would like to reformulate your request so it will meet 
your needs at a lower cost, you may wish to seek assistance from the 
bureau's designated FOIA contact or its FOIA Public Liaison (see Sec.  
2.66 of this part).
0
25. In Sec.  2.38, add a sentence to the end of paragraph (b) to read 
as follows:


Sec.  2.38  What are the requester fee categories?

* * * * *
    (b) * * * If you request placement in a particular fee category but 
the bureau places you in a different fee category, the bureau will 
provide you with an explanation of why you were not placed in the fee 
category you requested (for example, if you were placed in the 
commercial use requester category rather than the category you 
requested, the bureau will describe how the records would further your 
commercial, trade, or profit interests).
* * * * *


Sec.  2.39--[Amended]  

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


Sec.  2.41--[Amended]  

0
27. In Sec.  2.41(c), remove the Web site address ``http://www.doi.gov/
foia/fees-waivers.cfm'' and add in its place the Web site address 
``http://www.doi.gov/foia/fees-waivers''.
0
28. In Sec.  2.42, revise paragraph (d) to read as follows:


Sec.  2.42  What duplication fees will you have to pay?

* * * * *
    (d) If the bureau must scan paper records to accommodate your 
preference to receive records in an electronic format or print 
electronic records to accommodate your preference to receive records in 
a paper format, you will pay both the per page amount noted in Appendix 
A to this part and the time spent by personnel scanning or printing the 
requested records. For each quarter hour spent by personnel scanning or 
printing the requested records, the fees will be the same as those 
charged for a search under Sec.  2.41(b) of this subpart.
0
29. In Sec.  2.44, revise paragraph (b) to read as follows:


Sec.  2.44  What fees for other services will you have to pay?

* * * * *
    (b) Examples of these services include providing multiple copies of 
the same record, converting records that are not already maintained in 
a requested format to the requested format, obtaining research data 
under Sec.  2.69 of this part, sending records by means other than 
first class mail, and conducting a search that requires the creation of 
a new computer search program to locate the requested records.
* * * * *


Sec.  2.45  [Amended]

0
30. In Sec.  2.45, in paragraph (a) introductory text, remove the words 
``under the factors'' and add in their place the words ``by addressing 
and meeting each of the criteria''.
0
31. In Sec.  2.46, revise paragraph (b) to read as follows:


Sec.  2.46  When may you ask the bureau for a fee waiver?

* * * * *
    (b) You may submit a fee waiver request at a later time if the 
bureau has not yet completed processing your request.
0
32. Amend Sec.  2.47 by:
0
a. In paragraph (a), removing the period at the end of the paragraph 
and adding in its place a semicolon;
0
b. In paragraph (c), removing the word ``and'' at the end of the 
paragraph;
0
c. In paragraph (d), removing the period at the end of the paragraph 
and adding in its place ``; and''; and
0
d. Adding paragraph (e).
    The addition reads as follows:


Sec.  2.47  How will the bureau notify you if it denies your fee waiver 
request?

* * * * *
    (e) Your anticipated fees, in accordance with Sec.  2.49 of this 
subpart.
0
33. Amend Sec.  2.48 by revising paragraph (a) introductory text and 
adding a sentence to the end of paragraph (a)(2)(v) to read as follows:


Sec.  2.48  How will the bureau evaluate your fee waiver request?

    (a) In deciding whether your fee waiver request meets the 
requirements of Sec.  2.45(a)(1) of this subpart, the bureau will 
consider the criteria listed in paragraphs (a)(1) through (4) of this 
section. You must address and meet each of these criteria in order to 
demonstrate that you are entitled to a fee waiver.
* * * * *
    (2) * * *
    (v)* * * If you are a representative of the news media, we will 
presume you have this ability and intent.
* * * * *
0
34. In Sec.  2.49, revise paragraphs (a)(1) and (c) to read as follows:


Sec.  2.49  When will you be notified of anticipated fees?

    (a) * * *
    (1) The anticipated fee is less than $50 (see Sec.  2.37(g) of this 
subpart).
* * * * *
    (c) The bureau must receive information from you that resolves any 
fee issues, in accordance with paragraphs (b)(2) and/or (4) of this 
section, within 20 workdays or the bureau will close the request.
* * * * *
0
35. In Sec.  2.50, revise paragraph (a), paragraph (b) introductory 
text, and paragraphs (c) and (d) to read as follows:


Sec.  2.50  When will the bureau require advance payment?

    (a) When a bureau determines or estimates that the total fee you 
will be charged under this subpart will exceed $250, the bureau may 
require you to make an advance payment up to the amount of the entire 
anticipated fee before the bureau begins, or continues, to process your 
request. If you have a history of prompt payment of FOIA fees, a bureau 
may elect to process your request before collecting fees when you 
provide it with a satisfactory assurance of full payment.
    (b) If the bureau believes that you did not pay a previous FOIA fee 
within 30 calendar days of the date of billing, the bureau will require 
you to either:
* * * * *
    (c) When the bureau notifies you that an advance payment is due 
under paragraph (a) of this section, it will give you an opportunity to 
reduce the fee by modifying the request.
    (d) Your payment of the funds you owe the bureau for work it has 
already completed before records are sent to you is not an advance 
payment under Sec.  2.50(a) of this subpart.
* * * * *


Sec.  2.51  [Amended]

0
36. In Sec.  2.51(b)(3), remove the words ``hears from you'' and add in 
their place the words ``receives a written response from you''.

[[Page 58669]]

Subpart H--Administrative Appeals


Sec.  2.57  [Amended]

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


Sec.  2.59  [Amended]

0
38. In Sec.  2.59(a), the first sentence, remove the Web site address 
``http://www.doi.gov/foia/appeals.cfm'' and add in its place the Web 
site address ``http://www.doi.gov/foia/appeals''.
0
39. Revise Sec.  2.60 to read as follows:


Sec.  2.60  Who makes decisions on appeals?

    (a) The FOIA Appeals Officer is the deciding official for FOIA 
appeals that do not appeal a decision of the Office of the Inspector 
General.
    (b) The General Counsel is the deciding official for FOIA appeals 
that appeal a decision of the Office of the Inspector General.
    (c) When necessary, the appropriate deciding official for FOIA 
appeals will consult other appropriate offices, including the Office of 
the Solicitor or Office of General Counsel for denials of records and 
fee waivers.
    (d) The deciding official for FOIA appeals normally will not make a 
decision on an appeal if the request becomes a matter of FOIA 
litigation.
0
40. Revise Sec.  2.62 to read as follows:


Sec.  2.62  When can you expect a decision on your appeal?

    (a) The basic time limit for responding to an appeal is 20 workdays 
after receipt of an appeal meeting the requirements of Sec.  2.59 of 
this subpart.
    (b) If the Department is unable to reach a decision on your appeal 
within the given time limit for response, the appropriate deciding 
official for FOIA appeals will notify you of your statutory right to 
seek review in a United States District Court.


Sec.  2.63  [Amended]

0
41. In Sec.  2.63, paragraphs (b) and (c), remove the words ``FOIA 
Appeals Officer'' and add in their place the words ``appropriate 
deciding official for FOIA appeals''.

Subpart I--General Information


Sec.  2.65  [Amended]

0
42. In Sec.  2.65, the first sentence, remove the Web site address 
``http://www.doi.gov/foia/libraries.cfm'' and add in its place the Web 
site address ``http://www.doi.gov/foia/libraries''.
0
43. In Sec.  2.66, revise paragraph (a) to read as follows:


Sec.  2.66  What are public liaisons?

    (a) Each bureau has a FOIA Public Liaison who can assist requesters 
who have concerns about the service they received when seeking records 
or who are seeking assistance under Sec.  2.3(d) or Sec.  2.37(i) of 
this part.
* * * * *


Sec.  2.70  [Amended]

0
44. Amend Sec.  2.70 by:
0
a. In the definition of Bureau, removing the Web site address ``http://www.doi.gov/foia/contacts.cfm'' and adding in its place the Web site 
address http://www.doi.gov/foia/contacts; and
0
b. In the definition of Multitrack processing, the second sentence, 
adding the word ``ordinarily'' after the word ``are''.
[FR Doc. 2015-24703 Filed 9-29-15; 8:45 am]
 BILLING CODE 4310-10-P