[Federal Register Volume 80, Number 219 (Friday, November 13, 2015)]
[Rules and Regulations]
[Pages 70153-70154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28712]


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DEPARTMENT OF COMMERCE

15 CFR Part 4

[Docket Number: 150902802-5802-01]
RIN 0605-AA39


Freedom of Information Act and Privacy Act Regulations, 
Nomenclature Change

AGENCY: Department of Commerce (Commerce).

ACTION: Final rule.

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SUMMARY: The Department of Commerce (Department) amends its regulations 
under the Freedom of Information Act (FOIA) and the Privacy Act (PA) to 
reflect an organizational change in the Department's Office of General 
Counsel (OGC). Specifically, this action removes from the provisions on 
FOIA appeals and the PA all references to the position of Assistant 
General Counsel for Administration, and replaces them with references 
to the new ``Assistant General Counsel for Litigation, Employment, and 
Oversight.'' The Department's OGC recently eliminated the position 
``Assistant General Counsel for Administration,'' and this amendment 
updates the rules to implement that change. The rule also reflects that 
the Office of the Assistant General Counsel for Litigation, Employment, 
and Oversight will be conducting FOIA appeals and responding to 
requests for corrective action or review under the PA for the 
Department. This action merely makes a nomenclature change; the change 
has no substantive impact to the public, because the OGC has in the 
past and will continue to handle the FOIA and PA actions described 
above.

DATES: This action is effective on November 13, 2015.

ADDRESSES: The final rule is available at www.regulations.gov, or by 
contacting the Department of Commerce: Room 1854, 1401 Constitution 
Avenue NW., Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Joseph Bartels, 202-482-3084.

SUPPLEMENTARY INFORMATION: This rule modifies the sections of the 
Department of Commerce's FOIA and PA regulations addressing appeals of 
denials of requests under FOIA and requests for review or corrective 
action under the PA by updating the name and address of the office in 
the OGC that decides appeals. The current FOIA regulations state that 
the Assistant General Counsel for Administration (AGC-Admin) decides 
all appeals from FOIA requests (except those made to the Office of the 
Inspector General, or to the AGC-Admin). The regulations also require 
appellants to address requests for corrective action or review for 
overly delayed responses under the PA to the AGC-Admin.
    The Department of Commerce's Office of General Counsel (OGC) has 
recently reorganized its offices, and the position of AGC-Admin no 
longer exists. In its place, the Assistant General Counsel for 
Litigation, Employment, and Oversight has been delegated the authority 
from the General Counsel to make final decisions on appeal of initially 
denied requests for records under FOIA. See Department Administrative 
Order 205-12, sections 4 and 5.
    Accordingly, this rule amends part 4 of title 15 of the Code of 
Federal Regulations to remove references to the now non-existent AGC-
Admin, and replace it with the term ``Assistant General Counsel for 
Litigation, Employment, and Oversight.'' This action is merely a 
nomenclature change, and does not modify or revise in any substantive 
way the Department of Commerce's FOIA or PA regulations, or FOIA or PA 
requirements.

Classification

Executive Order 12866

    This rule is limited to agency organization, and therefore is not 
considered a ``regulation'' under Executive Orders 12866 and 13563. 
Accordingly, it is exempt from review by the Office of Management and 
Budget.

Regulatory Flexibility Act

    Because this rule addresses a matter of agency organization, and 
therefore is not subject to the notice and comment requirements of the 
Administrative Procedure Act, it is also exempt from the requirements 
of the Regulatory Flexibility Act. Accordingly, a regulatory 
flexibility analysis is not required for this action, and none has been 
prepared.

Paperwork Reduction Act

    This action is merely administrative in nature, and addresses a 
matter of agency organization. It does not contain a ``collection of 
information'' as that term is defined in the Paperwork Reduction Act, 
44 U.S.C. 3501, et seq.

List of Subjects in 15 CFR Part 4

    Freedom of information, Privacy.

    Dated: October 28, 2015.
Catrina D. Purvis,
Chief Privacy Officer and Director for Open Government, Department of 
Commerce.
    For the reasons set forth above, the Department of Commerce amends 
15 CFR part 4 as follows:

PART 4--DISCLOSURE OF GOVERNMENT INFORMATION

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

    Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C. 
553; 31 U.S.C. 3717; 44 U.S.C. 3101; Reorganization Plan No. 5 of 
1950.

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2. Amend Sec.  4.10 by revising paragraphs (b)(1) and (c) to read as 
follows:


Sec.  4.10  Appeals from initial determinations or untimely delays.

* * * * *
    (b)(1) Appeals, other than appeals from requests made to the Office 
of Inspector General, shall be decided by the Assistant General Counsel 
for Litigation, Employment, and Oversight. Written appeals should be 
addressed to the Assistant General Counsel for Litigation, Employment, 
and Oversight, at U.S. Department of Commerce, Office of the General 
Counsel, Room 5875, 14th and Constitution Avenue NW., Washington, DC 
20230. An appeal may also be sent via facsimile at 202-482-2552. For a 
written appeal, both the letter and the appeal envelope should be 
clearly marked ``Freedom of Information Act Appeal.'' Appeals may also 
be submitted electronically either by email to [email protected] or 
online at the FOIAonline Web site, http://foiaonline.regulations.gov, 
if requesters have a FOIAonline account. In all cases, the appeal 
(written or electronic) should include a copy of the original request 
and initial denial, if any. All appeals should include a statement of 
the reasons why the records requested should be made available and why 
the adverse determination was in error. No opportunity for personal 
appearance, oral argument or hearing on appeal is provided. Upon 
receipt of an appeal, the Assistant General Counsel for Litigation, 
Employment, and Oversight ordinarily

[[Page 70154]]

shall send an acknowledgement letter to the requester which shall 
confirm receipt of the requester's appeal.* * *
    (c) Upon receipt of an appeal involving records initially denied on 
the basis of FOIA exemption (b)(1), the records shall be forwarded to 
the Deputy Assistant Secretary for Security (DAS) for a 
declassification review. The DAS may overrule previous classification 
determinations in whole or in part if continued protection in the 
interest of national security is no longer required, or no longer 
required at the same level. The DAS shall advise the Assistant General 
Counsel for Litigation, Employment, and Oversight, the General Counsel, 
the General Counsel to the Inspector General, or Deputy Inspector 
General, as appropriate, of his or her decision.
* * * * *


Sec. Sec.  4.23, 4.25, 4.28, and 4.29 and Appendix B   [Amended]

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3. In addition to the amendments made above, in 15 CFR part 4, remove 
the words ``Assistant General Counsel for Administration'' and add, in 
their place, the words ``Assistant General Counsel for Litigation, 
Employment, and Oversight'' in the following places:
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a. Section 4.23(d)(2);
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b. Section 4.25(a)(2) and (g)(3)(ii);
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c. Section 4.28(a)(1)(ii) and (a)(2)(ii)(D);
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d. Section 4.29(b), (c), (e), (g)(1), (h), and (i); and
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e. Appendix B.

[FR Doc. 2015-28712 Filed 11-12-15; 8:45 am]
 BILLING CODE 3510-BW-P