[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Rules and Regulations]
[Pages 36469-36472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07998]


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DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Part 4

[Docket No. 230403-0091]
RIN 0605-AA59


Public Information, Freedom of Information Act and Privacy Act 
Regulations

AGENCY: Office of the Secretary, U.S. Department of Commerce.

ACTION: Final rule; correcting amendments.

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SUMMARY: This rulemaking amends the Department of Commerce's 
(Department) regulations under the Freedom of Information Act (FOIA) to 
reflect changes related to the Department's transition to a new FOIA 
case management system. The Department is also correcting cross-
references to its FOIA regulations and updating the contact information 
for the Office of Inspector General (OIG).

DATES: The rule is effective June 5, 2023.

FOR FURTHER INFORMATION CONTACT: Deputy Program Director for 
Departmental FOIA/PA and Open Government Operations, Office of Privacy 
and Open Government, Department of Commerce, 1401 Constitution Ave. NW, 
Mail Stop 61013, Washington, DC 20230, by phone at (202) 482-3842, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION:

Background

A. Implementation of New FOIA Case Management System

    The Department, including the Office of the Secretary and all of 
its components except the U.S. Patent and Trademark Office (USPTO), 
currently accepts FOIA requests and administrative appeals 
electronically through the FOIAonline multi-agency web-application 
(www.FOIAOnline.gov). The Department also accepts FOIA requests and 
administrative appeals via email to designated email addresses or via 
hard copy mail or via commercial carrier to designated physical 
addresses for individual components, as specified in 15 CFR Appendix A 
to Part 4--Freedom of Information Public Inspection Facilities and 
Addresses for Requests for Records Under the Freedom of Information Act 
and Privacy Act, and Requests for Correction or Amendment Under the 
Privacy Act (Appendix A). Because the U.S. Environmental Protection 
Agency decided to decommission the FOIAonline.gov website effective 
September 30, 2023, the Department began a process to acquire and 
implement a successor FOIA case management system. In September 2022, 
the Department awarded a contract following an open solicitation 
process. The Department has been working diligently on the 
implementation of the new FOIA case management system and anticipates 
that it will be able to receive FOIA requests and FOIA administrative 
appeals by April 21, 2023, through https://foia-pal.commerce.gov. In 
the interim, requesters may continue to file FOIA requests via U.S. 
mail, delivery service or by email, or electronically through the 
FOIA.gov website at https://www.foia.gov/. FOIA appeals may be 
submitted via hard copy mail or commercial carrier or by email to the 
email addressed specified in Appendix 1 ([email protected]). The 
Department maintains a list of contact methods on its website at 
https://osec.doc.gov/opog/FOIA/FOIA_Requests.html#File.

[[Page 36470]]

    The first purpose of this rule is to delete the references to 
FOIAonline from the following parts of the Department's FOIA 
regulations (15 CFR. 4.1 et seq.): Sec. Sec.  4.4, 4.6, 4.7, 4.10, 
Sec.  4.11, and Appendix A. This will serve to timely inform requesters 
that they cannot submit FOIA requests or appeals to the Department 
through the FOIAonline case management system or otherwise access their 
Departmental FOIA records after 5 p.m. Eastern on March 31, 2023. 
Beginning on April 21, 2023, new requests and administrative appeals 
will be accepted using the new link, as well as through the existing 
email and postal addresses.

B. Correcting Error in FOIA Regulations

    On August 10, 2018, the Department published a final rule that 
revised its existing regulations under the FOIA and Privacy Act. See 83 
FR 39588. The second purpose of this rule is to correct two 
typographical errors appearing in 15 CFR 4.4 regarding the cross-
reference of subsections of another regulation (15 CFR 4.7) in the 
final rule.

C. Updating the Contact Information for FOIA Submissions to the OIG in 
Appendix A

    The OIG has made the following changes to its contact information 
in Appendix A--updated its phone number and room number and removed the 
fax number.

Amendments to 15 CFR 4.1-4.11 and Appendix A

    The Department amends the following sections by removing the 
references to ``FOIAonline,'' and ``http://foiaonline.regulations.gov'' 
from the following sections: Sec. Sec.  4.4(a), 4.6(e)(2), 4.7(a), 
4.10(b)(1), 4.10(b)(2), 4.11(c)(2)(iv), and Appendix A.

Corrections to 15 CFR 4.4

    The Department removes from 15 CFR 4.4(c)(7) the references in the 
last sentence of this subsection to ``Sec.  4.7(d)'' and ``Sec.  
4.7(e),'' replacing them with the corrected citations to ``Sec. Sec.  
4.7(c)(2)'' and ``4.7(c)(3)'' respectively.

Classification

    The Department finds good cause under 5 U.S.C. 553(b)(3)(B) to 
waive prior notice and an opportunity for public comment on this action 
because the amendments removing references to the FOIA case management 
system that is being replaced and the correcting amendments to cross-
referenced sections in the final rule text are minor and non-
substantive. Therefore, notice and comment are unnecessary and would be 
contrary to the public interest because they would delay the amendment 
and correction. Because this action makes no substantive changes and 
makes minor corrections, it does not constitute a substantive rule, and 
it is not subject to the requirement for a 30-day delay in effective 
date in 5 U.S.C. 553(d).
    As prior notice and an opportunity for public comment are not 
required pursuant to 5 U.S.C. 553(b)(3)(B) or any other law, a 
Regulatory Flexibility Act analysis is not required and none has been 
prepared.
    This regulation does not contain a collection of information as 
defined by the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.

List of Subjects in 15 CFR Part 4

    Public Information, Freedom of Information Act, Privacy Act.

Charles R. Cutshall,
Senior Agency Official for Privacy, Chief Privacy Officer and Director 
of Open Government, Office of Privacy and Open Government.

    For the reasons stated in the preamble, the Department of Commerce 
amends 15 CFR part 4 as follows:

PART 4--DISCLOSURE OF GOVERNMENT INFORMATION

0
1. The authority citation for part 4 continues to read as follows:

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


0
2. In Sec.  4.4, revise paragraphs (a) and (c)(7) to read as follows:


Sec.  4.4  Requirements for making requests.

    (a) How made and addressed. The Department has a decentralized 
system for responding to FOIA requests, with each component designating 
a FOIA office to process records from that component. All components 
have the capability to receive requests electronically through 
electronic mail (email). A request for Department records that are not 
customarily made available to the public as part of the Department's 
regular informational services (or pursuant to a user fee statute), 
must be in writing and shall be processed under the FOIA, regardless of 
whether the FOIA is mentioned in the request. Requests must include the 
requester's full name and a valid return address. Requesters may also 
include other contact information, such as an email address and a 
telephone number. For the quickest handling, the request (and envelope, 
if the request is mailed or hand delivered) should be marked ``Freedom 
of Information Act Request.'' Requests may be submitted by U.S. mail, 
delivery service, email, or online case management system. Requests may 
also be submitted to some components, identified in Appendix A to this 
part, by facsimile. Requests should be sent to the Department component 
identified in Appendix A to this part that maintains those records 
requested, and should be sent to the addresses, email addresses, or 
numbers listed in Appendix A to this part or the Department's website, 
http://www.doc.gov.\1\ If the proper component cannot be determined, 
the request should be sent to the central facility identified in 
Appendix A to this part. The central facility will forward the request 
to the component(s) it believes most likely to have the requested 
records. Requests will be considered received for purposes of the 20-
day time limit of Sec.  4.6 as of the date it is received by the proper 
component's FOIA office, but in any event not later than ten working 
days after the request is first received by any Department component 
identified in Appendix A to this part.
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    \1\ The USPTO, which is established as an agency of the United 
States within the Department, operates under its own FOIA 
regulations at 37 CFR part 102, subpart A. Accordingly, requests for 
USPTO records, and any appeals thereof, should be sent directly to 
the USPTO.
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* * * * *
    (c) * * *
    (7) When a requester fails to provide sufficient detail within 30 
calendar days after having been asked to reasonably describe the 
records sought, the component shall notify the requester in writing 
that the request has not been properly made, that no further action 
will be taken, and that the FOIA request is closed. Such a notice 
constitutes an adverse determination under Sec.  4.7(c)(2) for which 
components shall follow the procedures for a denial letter under Sec.  
4.7(c)(3).
* * * * *

0
4. In Sec.  4.6, revise (e)(2) to read as follows:


Sec.  4.6  Time limits and expedited processing.

* * * * *
    (e) * * *
    (2) A component using multi-track processing may provide requesters 
in its slower track(s) with an opportunity to limit the scope of their 
requests in order to qualify for faster processing. A component doing 
so shall contact the requester by telephone, email, letter, or online 
FOIA case management system, whichever is the most efficient in each 
case.
* * * * *

[[Page 36471]]


0
5. In Sec.  4.7, revise paragraph (a) to read as follows:


Sec.  4.7  Responses to requests.

    (a) Acknowledgment of requests. Upon receipt of a request, a 
component ordinarily shall send an acknowledgement to the requester 
which shall provide an assigned tracking request number for further 
reference and, if necessary, confirm whether the requester is willing 
to pay fees. A component must send this acknowledgment if the request 
will take longer than ten working days to process. In most cases, the 
acknowledgment email, generated by the FOIA electronic case management 
system, that is sent to requesters who provide an email address will 
suffice for this requirement.
* * * * *

0
6. In 4.10, revise paragraph (b) to read as follows:


Sec.  4.10  Appeals from initial determinations or untimely delay.

* * * * *
    (b)(1) Appeals, other than appeals from requests made to the Office 
of Inspector General, shall be decided by the Assistant General Counsel 
for Employment, Litigation, and Information (AGC-ELI). Written appeals 
should be addressed to the Assistant General Counsel for Employment, 
Litigation, and Information, at the U.S. Department of Commerce, Office 
of the General Counsel, Room 5896, 1401 Constitution Avenue NW, 
Washington, DC 20230. For a written appeal, both the letter and the 
appeal envelope should be clearly marked ``Freedom of Information Act 
Appeal.'' Appeals may also be submitted electronically by email to 
[email protected] or through the online case management system. In 
all cases, the appeal (written or electronic) should include a copy of 
the original request and initial denial, if any. All appeals should 
include a statement of the reasons why the records requested should be 
made available and why the adverse determination was in error. No 
opportunity for personal appearance, oral argument or hearing on appeal 
is provided. Upon receipt of an appeal, the AGC-ELI ordinarily shall 
send an acknowledgement letter to the requester which shall confirm 
receipt of the requester's appeal.
    (2) Appeals of initial and untimely determinations by the OIG shall 
be decided by the Counsel to the Inspector General, except that appeals 
of records requests that were initially denied by the Counsel to the 
Inspector General shall be decided by the Deputy Inspector General. 
Written appeals should be addressed to the Counsel to the Inspector 
General, or the Deputy Inspector General if the records were initially 
denied by the Counsel to the Inspector General. The address of both is: 
U.S. Department of Commerce, Office of the Inspector General, Office of 
Counsel, Room 7898C, 1401 Constitution Avenue NW, Washington, DC 20230. 
For a written appeal, both the letter and the appeal envelope should be 
clearly marked ``Freedom of Information Act Appeal.'' Appeals may also 
be submitted electronically by email to [email protected] or through the 
online case management system. In all cases, the appeal (written or 
electronic) should include a copy of the original request and initial 
denial, if any. All appeals should include a statement of the reasons 
why the records requested should be made available and why the adverse 
determination was in error. No opportunity for personal appearance, 
oral argument or hearing on appeal is provided. Upon receipt of an 
appeal, the Counsel to the Inspector General, or the Deputy Inspector 
General if the records were initially denied by the Counsel to the 
Inspector General, ordinarily shall send an acknowledgement letter to 
the requester which shall confirm receipt of the requester's appeal.
* * * * *

0
7. In Sec.  4.11, revise paragraph (c)(2)(iv)(B) to read as follows:


Sec.  4.11  Fees.

* * * * *
    (c) * * *
    (2) * * *
    (iv) * * *

------------------------------------------------------------------------
                Category                         Chargeable fees
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                              * * * * * * *
(B) Other reproduction (e.g.,            Actual direct cost, including
 converting paper into an electronic      operator time, using the
 format (e.g., scanning), computer disk   hourly rate from Table 1, of
 or printout, or other electronically-    the employee involved.
 formatted reproduction (e.g.,
 uploading records made available to
 the requester)).
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* * * * *

0
8. In appendix A to part 4, revise paragraphs (1) through (12) to read 
as follows:

Appendix A to Part 4--Freedom of Information Public Inspection 
Facilities, and Addresses for Requests for Records Under the Freedom of 
Information Act and Privacy Act, and Requests for Correction or 
Amendment Under the Privacy Act

* * * * *
    (1) U.S. Department of Commerce, Office of Privacy and Open 
Government, Departmental FOIA Office, 14th and Constitution Avenue 
NW, Room H61025, Washington, DC 20230; Phone: (202) 482-3258; Fax: 
(202) 482-0827; Email: [email protected]. The Department maintains a 
list of contact methods on its website at https://osec.doc.gov/opog/FOIA/FOIA_Requests.html#File. This component maintains an online 
Electronic FOIA Library through the Department's website, http://www.doc.gov. This online Electronic FOIA Library serves the Office 
of the Secretary, all other components of the Department not 
identified below, and those components identified below that do not 
have separate online Electronic FOIA Libraries.
    (2) Bureau of the Census, Policy Coordination Office, U.S. 
Department of Commerce, Room 8H027, 4600 Silver Hill Road, Suitland, 
Maryland 20233; Phone: (301) 763-6440; Fax: (301) 763-6239 (ATTN.: 
FOIA Office); Email: [email protected]. This component 
maintains a separate online Electronic FOIA Library through its 
website, http://www.census.gov.
    (3) Bureau of Economic Analysis, Office of the Under Secretary 
for Economic Affairs, U.S. Department of Commerce, Bureau of 
Economic Analysis, Communications Division, Mail Stop BE-64, Room 
8K114F, Washington, DC 20230; Phone: 301-278-9798; Email: 
[email protected].
    (4) Bureau of Industry and Security, Office of Administration, 
U.S. Department of Commerce, 14th and Constitution Avenue NW, Room 
H6622, Washington, DC 20230; Phone: (202) 482-0953; Fax: (202) 482-
0326; Email: [email protected]. This component maintains a 
separate online Electronic FOIA Library through its website, http://www.bis.doc.gov.
    (5) Economic Development Administration, Office of the Chief 
Counsel, U.S. Department of Commerce, 14th and Constitution Avenue 
NW, Room 72023, Washington, DC 20230; Phone: (202) 482-3085; Fax: 
(202) 482-5671. This component maintains a separate online 
Electronic FOIA Library through its website, http://www.eda.gov. The 
following Regional Economic Development Administration (EDA) offices 
do not maintain separate online Electronic FOIA Libraries.

[[Page 36472]]

    (i) Atlanta Regional Office, EDA, U.S. Department of Commerce, 
401 West Peachtree Street NW, Suite 1820, Atlanta, Georgia 30308; 
Phone: (404) 730-3006.
    (ii) Austin Regional Office, EDA, U.S. Department of Commerce, 
504 Lavaca Street, Suite 1100, Austin, Texas 78701; Phone: (512) 
381-8165.
    (iii) Chicago Regional Office, EDA, U.S. Department of Commerce, 
111 North Canal Street, Suite 855, Chicago, Illinois 60606; Phone: 
(312) 353-8143.
    (iv) Denver Regional Office, EDA, U.S. Department of Commerce, 
410 17th Street, Suite 250, Denver, Colorado 80202; Phone: (303) 
844-4404.
    (v) Philadelphia Regional Office, EDA, U.S. Department of 
Commerce, Robert N.C. Nix Federal Building, 900 Market Street, Room 
602, Philadelphia, Pennsylvania 19107, Phone: (215) 597-4603.
    (vi) Seattle Regional Office, EDA, U.S. Department of Commerce, 
Jackson Federal Building, Room 1890, 915 Second Avenue, Seattle, 
Washington 98174; Phone: (206) 220-7663.
    (6) International Trade Administration, Office of Strategic 
Resources, U.S. Department of Commerce, 14th and Constitution Avenue 
NW, Room 40003, Washington, DC 20230; Phone: (202) 482-7937; Fax: 
(202) 482-1584; Email: [email protected]. This component does not 
maintain a separate online Electronic FOIA Library.
    (7) Minority Business Development Agency, Office of 
Administration and Employee Support Services, U.S. Department of 
Commerce, 14th and Constitution Avenue NW, Room 5092, Washington, DC 
20230; Phone: (202) 482-2419; Fax: (202) 482-2500; Email: 
[email protected]. This component maintains a separate online Electronic 
FOIA Library through its website, http://www.mbda.gov.
    (8) National Institute of Standards and Technology, Management 
and Organization Office, U.S. Department of Commerce, 100 Bureau 
Drive, Room 1710, Gaithersburg, Maryland 20899-1710; Phone: (301) 
975-4054; Fax: (301) 975-5301; Email: [email protected]. This component 
maintains a separate public inspection facility at the 
Administration Building, Gaithersburg, Maryland. Please call (301) 
975-4054 for inspection facility directions and hours. This 
component does not maintain a separate online Electronic FOIA 
Library.
    (9) National Oceanic and Atmospheric Administration, U.S. 
Department of Commerce, 1315 East-West Highway (SSMC3), Room 9719, 
Silver Spring, Maryland 20910; Phone: (301) 628-5658; Fax: (301) 
713-1169; Email: [email protected]. This component maintains a separate 
online Electronic FOIA Library through its website, http://www.noaa.gov.
    (10) National Technical Information Service, Office of the Chief 
Information Officer, U.S. Department of Commerce, 5301 Shawnee Road, 
Room 227, Alexandria, Virginia 22312; Phone: (703) 605-6710; Fax: 
(703) 605-6764. This component maintains a separate online 
Electronic FOIA Library through its website, http://www.ntis.gov.
    (11) National Telecommunications and Information Administration, 
Office of the Chief Counsel, U.S. Department of Commerce, 14th and 
Constitution Avenue NW, Room 4713, Washington, DC 20230; Phone: 
(202) 482-1816; Fax: (202) 501-8013; Email: [email protected]. This 
component does not maintain a separate online Electronic FOIA 
Library.
    (12) Office of Inspector General, FOIA and Records Management 
Specialist, U.S. Department of Commerce, 14th and Constitution 
Avenue NW, Room 7898C, Washington, DC 20230; Phone: (202) 794-8066; 
Email: [email protected]. This component maintains a separate online 
Electronic FOIA Library through its website, http://www.oig.doc.gov.

[FR Doc. 2023-07998 Filed 6-2-23; 8:45 am]
BILLING CODE 3510-07-P