15236 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Proposed Rules 

‘‘Request for Termination of Suspended 

Investigation’’ (whichever is applicable); 

(ii) Conduct a verification under 

§ 351.307; 

(iii) Include in the preliminary results 

of review under § 351.221(b)(4) the 

Secretary’s decision whether there is a 

reasonable basis to believe that the 

requirements for revocation or 

termination are met; 

(iv) If the Secretary decides that there 

is a reasonable basis to believe that the 

requirements for revocation or 

termination are met, publish with the 

notice of preliminary results of review 

under § 351.221(b)(4) notice of ‘‘Intent to 

Revoke Order’’ or ‘‘Intent to Terminate 

Suspended Investigation’’ (whichever is 

applicable); 

(v) Include in the final results of 

review under § 351.221(b)(5) the 

Secretary’s final decision whether the 

requirements for revocation or 

termination are met; and 

(vi) If the Secretary determines that 

the requirements for revocation or 

termination are met, publish with the 

notice of final results of review under 

§ 351.221(b)(5) notice of ‘‘Revocation of 

Order’’ or ‘‘Termination of Suspended 

Investigation’’ (whichever is applicable). 

(3) If the Secretary revokes an order, 

the Secretary will order the suspension 

of liquidation terminated for the 

merchandise covered by the revocation 

on the first day after the period under 

review, and will instruct the Customs 

Service to release any cash deposit or 

bond. 

* * * * * 

[FR Doc. 2011–6019 Filed 3–18–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 16 

[Docket No. OAG 140; AG Order No. 3259– 

2011] 

RIN 1105–AB27 

Freedom of Information Act 

Regulations 

AGENCY: Department of Justice. 

ACTION: Proposed rule. 

SUMMARY: This rule proposes revisions 

to the Department’s regulations under 

the Freedom of Information Act (FOIA). 

The regulations are being revised to 

update and streamline the language of 

several procedural provisions, and to 

incorporate certain of the changes 

brought about by the amendments to the 

FOIA under the OPEN Government Act 

of 2007. Additionally, the regulations 

are being updated to reflect 

developments in the case law and to 

include current cost figures to be used 

in calculating and charging fees. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before April 20, 

2011. Comments received by mail will 

be considered timely if they are 

postmarked on or before that date. The 

electronic Federal Docket Management 

System will accept comments until 

Midnight Eastern Time at the end of that 

day. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http// 

www.regulations.gov. 

• FAX: (202) 514–1009. Send your 

comments to the attention of Caroline A. 

Smith. 

• Mail: Caroline A. Smith, Office of 

Information Policy, U.S. Department of 

Justice, 1425 New York Ave., Suite 

11050, Washington, DC 20530–0001. 

To ensure proper handling, please 

reference OAG Docket No. 140 on your 

correspondence. 

See SUPPLEMENTARY INFORMATION for 

further instructions for submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Caroline A. Smith, 202–514–3642. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments: Please 

note that all comments received are 

considered part of the public record and 

made available for public inspection 

online at http://www.regulations.gov. 

Such information includes personal 

identifying information (such as your 

name, address, etc.) voluntarily 

submitted by the commenter. 

You are not required to submit 

personal identifying information in 

order to comment on this rule. 

Nevertheless, if you still want to submit 

personal identifying information (such 

as your name, address, etc.) as part of 

your comment, but do not want it to be 

posted online, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You also must locate 

all the personal identifying information 

you do not want posted online in the 

first paragraph of your comment and 

identify what information you want 

redacted. 

If you want to submit confidential 

business information as part of your 

comment but do not want it to be posted 

online, you must include the phrase 

‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You also must 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted on http:// 

www.regulations.gov. 

Personal identifying information and 

confidential business information 

identified and located as set forth above 

will be placed in the agency’s public 

docket file, but not posted online. If you 

wish to inspect the agency’s public 

docket file in person by appointment, 

please see the FOR FURTHER INFORMATION

CONTACT paragraph. 

The reason that the Department is 

requesting electronic comments before 

Midnight Eastern Time on the day the 

comment period closes is because the 

inter-agency Regulations.gov/Federal 

Docket Management System (FDMS) 

which receives electronic comments 

terminates the public’s ability to submit 

comments at Midnight on the day the 

comment period closes. Commenters in 

time zones other than Eastern may want 

to take this fact into account so that 

their electronic comments can be 

received. The constraints imposed by 

the Regulations.gov/FDMS system do 

not apply to U.S. postal comments 

which will be considered as timely filed 

if they are postmarked before Midnight 

on the day the comment period closes. 

Discussion 

This rule proposes revisions to the 

Department’s regulations under the 

FOIA to update and streamline the 

language of several procedural 

provisions and to incorporate certain of 

the changes brought about by the 

amendments to the FOIA under the 

OPEN Government Act of 2007, Public 

Law 110–175, 121 Stat. 2524. 

Additionally, the regulations are being 

updated to reflect developments in the 

case law and to include current cost 

figures to be used in calculating and 

charging fees. 

The revisions of the FOIA regulations 

in subpart A of part 16 incorporate 

changes to the language and structure of 

the regulations. Revised provisions 

include § 16.1 (General Provisions), 

§ 16.2 (Proactive disclosure of 

Department records), § 16.3 

(Requirements for making requests), 

§ 16.5 (Timing of responses to requests), 

§ 16.6 (Responses to requests), § 16.7 

(Confidential commercial information), 

and § 16.8 (Administrative appeals). In 

addition, current § 16.7 (Classified 

Information) is to be deleted and 

subsequent sections renumbered 

accordingly. 

Proposed revisions of the 

Department’s fee schedule can be found 

at § 16.10(c) and (d). The duplication 

charge for photocopying will decrease to 

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five cents a page, while document 

search and review charges will increase 

to $16.50 and $13.00 per quarter hour 

for professional and administrative 

time, respectively. The amount at or 

below which the Department will not 

charge a fee will increase from $14.00 to 

$25.00. 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act (5 

U.S.C. 605(b)), has reviewed this 

regulation and by approving it certifies 

that this regulation will not have a 

significant economic impact on a 

substantial number of small entities. 

Under the FOIA, agencies may recover 

only the direct costs of searching for, 

reviewing, and duplicating the records 

processed for requesters. Thus, fees 

assessed by the Department are 

nominal. Further, the ‘‘small entities’’ 

that make FOIA requests, as compared 

with individual requesters and other 

requesters, are relatively few in number. 

Executive Order 12866 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866, § 1(b), Principles of 

Regulation. The Office of Management 

and Budget has determined that this 

rule is a ‘‘significant regulatory action’’ 

under Executive Order 12866, § 3(f), 

Regulatory Planning and Review, and 

accordingly this rule has been reviewed 

by that Office. 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (as amended), 5 

U.S.C. 804. This rule will not result in 

an annual effect on the economy of 

$100,000,000 or more; a major increase 

in costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

List of Subjects in 28 CFR Part 16 

Administrative practice and 

procedure, Freedom of Information, 

Privacy. 

For the reasons stated in the 

preamble, the Department of Justice 

proposes to amend 28 CFR Chapter 1, 

part 16, as follows: 

PART 16—DISCLOSURE OR 

PRODUCTION OF MATERIAL OR 

INFORMATION 

1. The authority citation for part 16 is 

revised to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a, 553; 28 

U.S.C. 509, 510, 534; 31 U.S.C. 3717. 

2. Subpart A of part 16 is revised to 

read as follows: 

Subpart A—Procedures for Disclosure of 

Records Under the Freedom of Information 

Act 

Sec. 

16.1 General provisions. 

16.2 Proactive disclosures of Department 

records. 

16.3 Requirements for making requests. 

16.4 Responsibility for responding to 

requests. 

16.5 Timing of responses to requests. 

16.6 Responses to requests. 

16.7 Confidential business information. 

16.8 Administrative appeals. 

16.9 Preservation of records. 

16.10 Fees. 

16.11 Other rights and services. 

Subpart A—Procedures for Disclosure 

of Records Under the Freedom of 

Information Act 

§ 16.1 General provisions. 

(a) This subpart contains the rules 

that the Department of Justice follows in 

processing requests for records under 

the Freedom of Information Act (FOIA), 

5 U.S.C. 552 as amended. These rules 

should be read in conjunction with the 

text of the FOIA and the Uniform 

Freedom of Information Fee Schedule 

and Guidelines published by the Office 

of Management and Budget at 52 FR 

10012 (Mar. 27, 1987) (hereinafter ‘‘OMB 

Guidelines’’). Additionally, the 

Department’s ‘‘FOIA Reference Guide’’ 

and its attachments contain information 

about the specific procedures particular 

to the Department with respect to 

making FOIA requests and descriptions 

of the types of records maintained by 

different Department components. This 

resource is available at http:// 

www.justice.gov/oip/04_3.html. 

Requests made by individuals for 

records about themselves under the 

Privacy Act of 1974, 5 U.S.C. 552a, are 

processed under subpart D of part 16 as 

well as under this subpart. 

(b) As referenced in this subpart, 

component means the FOIA office of 

each separate bureau, office, division, 

commission, service, center, or 

administration that is designated by the 

Department as a primary organizational 

entity. 

§ 16.2 Proactive disclosure of Department 

records. 

Records that are required by the FOIA 

to be made available for public 

inspection and copying are accessible 

on the Department’s Web site, http:// 

www.justice.gov. Each component is 

responsible for determining which of its 

records are required to be made publicly 

available, as well as identifying 

additional records of interest to the 

public that are appropriate for public 

disclosure, and for posting such records. 

Each component has a FOIA Public 

Liaison who can assist individuals in 

locating records particular to a 

component. A list of the Department’s 

FOIA Public Liaisons is available at 

http://www.justice.gov/oip/ 

servicecenters.htm. 

§ 16.3 Requirements for making requests. 

(a) General information. 

(1) To make a request for records of 

the Department, a requester must write 

directly to the FOIA office of the 

Department component that maintains 

those records. Each component’s FOIA 

office and any additional requirements 

for submitting a request to a given 

component are listed in Appendix I of 

this part. Further details are provided in 

Attachments B and C of the 

Department’s FOIA Reference Guide. 

Those Attachments contain detailed 

descriptions of each component’s 

functions, as well as their major 

information systems. Part 0 of this 

chapter summarizes the functions of 

each component. These references can 

be used by requesters to determine 

where to send their request within the 

Department. 

(2) When a requester is unable to 

determine the proper Department 

component to which to direct a request, 

the requester may send the request to 

the FOIA/PA Mail Referral Unit, Justice 

Management Division, Department of 

Justice, Washington, DC 20530–0001. 

The Mail Referral Unit will forward the 

request to the component(s) that it 

determines to be most likely to maintain 

the records that are sought. 

(3) A requester who is making a 

request for records about himself or 

herself must comply with the 

verification of identity provision set 

forth in subpart D of this part. 

(4) Where a request for records 

pertains to a third party, a requester may 

receive greater access by submitting 

either a notarized authorization signed 

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by that individual or a declaration by 

that individual made in compliance 

with the requirements set forth in 28 

U.S.C. 1746 authorizing disclosure of 

the records to the requester, or submits 

proof that the individual is deceased 

(e.g., a copy of a death certificate or an 

obituary). As an exercise of its 

administrative discretion, each 

component can require a requester to 

supply additional information if 

necessary in order to verify that a 

particular individual has consented to 

disclosure. 

(b) Addressing requests. Requests 

should be addressed to the FOIA office 

of the component that maintains the 

requested records. Attachment B of the 

FOIA Reference Guide lists the 

addresses of each FOIA office and the 

methods for submitting requests to each 

component. 

(c) Description of records sought. 

Requesters must describe the records 

sought in sufficient detail to enable 

Department personnel to locate them 

with a reasonable amount of effort. To 

the extent possible, requesters should 

include specific information that may 

assist a component in identifying the 

requested records, such as the date, title 

or name, author, recipient, subject 

matter of the record, case number, file 

designation, or reference number. 

Requesters should refer to Appendix I of 

this part for additional componentspecific requirements. In general, 

requesters should include as much 

detail as possible about the specific 

records or the types of records that they 

are seeking. If the requester fails to 

reasonably describe the records sought, 

the component shall inform the 

requester what additional information is 

needed or why the request is deficient. 

Requesters who are attempting to 

reformulate or modify such a request 

may discuss their request with the 

component’s designated FOIA contact 

or its FOIA Public Liaison. When a 

requester fails to provide sufficient 

detail after having been asked to clarify 

a request, the component shall notify 

the requester that the request has not 

been properly made and that no further 

action will be taken. 

§ 16.4 Responsibility for responding to 

requests. 

(a) In general. Except in the instances 

described in paragraphs (c) and (d) of 

this section, the component that first 

receives a request for a record and 

maintains that record is the component 

responsible for responding to the 

request. In determining which records 

are responsive to a request, a component 

ordinarily will include only records in 

its possession as of the date that it 

begins its search. If any other date is 

used, the component shall inform the 

requester of that date. A record that is 

excluded from the requirements of the 

FOIA pursuant to 5 U.S.C. 552(c), shall 

not be considered responsive to a 

request. 

(b) Authority to grant or deny 

requests. The head of a component, or 

designee, is authorized to grant or to 

deny any requests for records that are 

maintained by that component. 

(c) Consultations and referrals. A 

component in receipt of a request shall 

determine whether another component 

or another agency of the Federal 

government is in a better position to 

decide whether any records responsive 

to the request are exempt from 

disclosure under the FOIA and, if so, 

whether they should be released on a 

discretionary basis. If the receiving 

component determines that it is best 

able to process the record in response to 

the request, then it shall do so. If the 

receiving component determines to the 

contrary, then it shall either: 

(1) Respond to the request, after 

consulting with the component or the 

agency that has a substantial interest in 

the records involved; or 

(2) Refer the responsibility for 

responding to the request or portion of 

the request to the component best able 

to determine whether to disclose the 

relevant records, or to the agency that 

created or initially acquired the record 

as long as that agency is subject to the 

FOIA. Ordinarily, the component or 

agency that created or initially acquired 

the record will be presumed to be best 

able to make the disclosure assessment. 

The referring component shall 

document the referral and maintain a 

copy of the records that it refers. 

(d) Classified information. On receipt 

of any request involving classified 

information, the component shall take 

appropriate action to ensure compliance 

with part 17 of this title. Whenever a 

request involves a record containing 

information that has been classified or 

may be appropriate for classification by 

another component or agency under any 

applicable executive order concerning 

the classification of records, the 

receiving component shall refer the 

responsibility for responding to the 

request regarding that information to the 

component or agency that classified the 

information, or should consider the 

information for classification. Whenever 

a component’s record contains 

information that has been derivatively 

classified, i.e., it contains information 

classified by another component or 

agency, the component shall refer the 

responsibility for responding to that 

portion of the request to the component 

or agency that classified the underlying 

information. 

(e) Notice of referral. Whenever a 

component refers any part of the 

responsibility for responding to a 

request to another component or agency, 

it will notify the requester of the referral 

and inform the requester of the name of 

each component or agency to which the 

records were referred, unless identifying 

the recipient will itself disclose a 

sensitive, exempt fact. 

(f) Timing of responses to 

consultations and referrals. All 

consultations and referrals received by 

the Department will be handled 

according to the date that the FOIA 

request initially was received by the 

first component or agency, not any later 

date. 

(g) Agreements regarding 

consultations and referrals. Components 

may establish agreements with other 

components or agencies to eliminate the 

need for consultations or referrals with 

respect to particular types of records. 

§ 16.5 Timing of responses to requests. 

(a) In general. Components ordinarily 

will respond to requests according to 

their order of receipt. Appendix I to this 

part contains the list of the Department 

components that are designated to 

accept requests. In instances involving 

misdirected requests, i.e., where a 

request is sent to one of the Department 

components designated in Appendix I 

but is actually seeking records 

maintained by another Department 

component, the response time will 

commence on the date that the request 

is received by the appropriate 

component, but in any event not later 

than ten working days after the request 

is first received. 

(b) Multitrack processing. All 

components must designate a specific 

track for requests that are granted 

expedited processing, in accordance 

with the standards set forth in 

paragraph (e) of this section. A 

component may also designate 

additional processing tracks that 

distinguish between simple and more 

complex requests based on the 

estimated amount of work or time 

needed to process the request. A 

component can consider factors such as 

the number of pages involved in 

processing the request or the need for 

consultations or referrals. Components 

shall advise requesters of the track into 

which their request falls and, when 

appropriate, shall offer the requesters an 

opportunity to narrow their request so 

that it can be placed in a different 

processing track. 

(c) Unusual circumstances. Whenever 

the statutory time limits for processing 

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a request cannot be met because of 

‘‘unusual circumstances,’’ as defined in 

the FOIA, and the component extends 

the time limits on that basis, the 

component shall, before expiration of 

the twenty-day period to respond, notify 

the requester in writing of the unusual 

circumstances involved and of the date 

by which processing of the request can 

be expected to be completed. Where the 

extension exceeds ten working days, the 

component shall, as described by the 

FOIA, provide the requester with an 

opportunity to modify the request or 

agree to an alternative time period for 

processing. The component shall make 

available its designated FOIA contact 

and its FOIA Public Liaison for this 

purpose. 

(d) Aggregating requests. For the 

purposes of satisfying unusual 

circumstances under the FOIA, 

components may aggregate requests in 

cases where it reasonably appears that 

multiple requests, submitted either by a 

requester or by a group of requesters 

acting in concert, constitute a single 

request that would otherwise involve 

unusual circumstances. Components 

will not aggregate multiple requests that 

involve unrelated matters. 

(e) Expedited processing. (1) Requests 

and appeals will be processed on an 

expedited basis whenever it is 

determined that they involve: 

(i) Circumstances in which the lack of 

expedited processing could reasonably 

be expected to pose an imminent threat 

to the life or physical safety of an 

individual; 

(ii) An urgency to inform the public 

about an actual or alleged Federal 

government activity, if made by a 

person who is primarily engaged in 

disseminating information; 

(iii) The loss of substantial due 

process rights; or 

(iv) A matter of widespread and 

exceptional media interest in which 

there exist possible questions about the 

government’s integrity which affect 

public confidence. 

(2) A request for expedited processing 

may be made at any time. Requests 

based on paragraphs (e)(1)(i), (ii), and 

(iii) of this section must be submitted to 

the component that maintains the 

records requested. When making a 

request for expedited processing of an 

administrative appeal, the request 

should be submitted to the Office of 

Information Policy. Requests for 

expedited processing that are based on 

paragraph (e)(1)(iv) of this section must 

be submitted to the Director of Public 

Affairs at the Office of Public Affairs, 

Department of Justice, 950 Pennsylvania 

Avenue, NW., Washington, DC 20530– 

0001. A component that receives a 

misdirected request for expedited 

processing under the standard set forth 

in paragraph (e)(1)(iv) of this section 

shall forward it immediately to the 

Office of Public Affairs for its 

determination. The time period for 

making the determination on the request 

for expedited processing under 

paragraph (e)(1)(iv) of this section shall 

commence on the date that the Office of 

Public Affairs receives the request, 

provided that it is routed within ten 

working days. 

(3) A requester who seeks expedited 

processing must submit a statement, 

certified to be true and correct, 

explaining in detail the basis for making 

the request for expedited processing. 

For example, under paragraph (d)(1)(ii) 

of this section, a requester who is not a 

full-time member of the news media 

must establish that he or she is a person 

whose primary professional activity or 

occupation is information 

dissemination. Such a requester also 

must establish a particular urgency to 

inform the public about the government 

activity involved in the request—one 

that extends beyond the public’s right to 

know about government activity 

generally. A requester cannot satisfy the 

‘‘urgency to inform’’ requirement solely 

by demonstrating that numerous articles 

have been published on a given subject. 

As a matter of administrative discretion, 

a component may waive the formal 

certification requirement. 

(4) A component shall notify the 

requester within ten calendar days of 

the receipt of a request for expedited 

processing of its decision whether to 

grant or deny expedited processing. If 

expedited processing is granted, the 

request shall be given priority, placed in 

the processing track for expedited 

requests, and shall be processed as soon 

as practicable. If a component denies 

expedited processing, any appeal of that 

decision which complies with the 

procedures set forth in § 16.8 of this 

subpart shall be acted on expeditiously. 

§ 16.6 Responses to requests. 

(a) Acknowledgments of requests. 

Upon receipt of a request that will take 

longer than ten days to process, a 

component shall send the requester an 

acknowledgment letter that assigns the 

request an individualized tracking 

number. 

(b) Grants of requests. Once a 

component makes a determination to 

grant a request in full or in part, it shall 

notify the requester in writing. The 

component also shall inform the 

requester of any fees charged under 

§ 16.10 of this subpart and shall disclose 

the requested records to the requester 

promptly upon payment of any 

applicable fees. 

(c) Adverse determinations of 

requests. A component making an 

adverse determination denying a request 

in any respect shall notify the requester 

of that determination in writing. 

Adverse determinations, or denials of 

requests, include decisions that: the 

requested record is exempt, in whole or 

in part; the request does not reasonably 

describe the records sought; the 

information requested is not a record 

subject to the FOIA; the requested 

record does not exist, cannot be located, 

or has been destroyed; or the requested 

record is not readily reproducible in the 

form or format sought by the requester. 

Adverse determinations also include 

denials involving fees or fee waiver 

matters or denials of requests for 

expedited processing. 

(d) Content of denial letter. The denial 

letter shall be signed by the head of the 

component, or designee, and shall 

include: 

(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 applied by the component in 

denying the request; and 

(3) An estimate of the volume of any 

records or information withheld, for 

example, by providing the number of 

pages or some other reasonable form of 

estimation. This estimation is not 

required, if the volume is otherwise 

indicated by deletions marked on 

records that are disclosed in part, or if 

providing an estimate would harm an 

interest protected by an applicable 

exemption. 

(4) A statement that the denial may be 

appealed under § 16.8(a) of this subpart, 

and a description of the requirements 

set forth therein. 

(e) Markings on released documents. 

Markings on released documents must 

be clearly visible to the requester. 

(f) Use of record exclusions. 

(1) In the event that a component 

identifies records that may be subject to 

exclusion from the requirements of the 

FOIA pursuant to 5 U.S.C. 552(c), the 

head of the FOIA office of that 

component must confer with the Office 

of Information Policy (OIP) to obtain 

approval to apply the exclusion. 

(2) When a component applies an 

exclusion to exclude records from the 

requirements of the FOIA pursuant to 5 

U.S.C. 552(c), the component utilizing 

the exclusion will respond to the 

request as if the excluded records did 

not exist. This response should not 

differ in wording from any other 

response given by the component. 

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(3) Any component invoking an 

exclusion shall maintain an 

administrative record of the process of 

invocation and approval of the 

exclusion by OIP. 

§ 16.7 Confidential commercial 

information. 

(a) Definitions. (1) Confidential 

commercial information means 

commercial or financial information 

obtained by the Department from a 

submitter that may be protected from 

disclosure under Exemption 4 of the 

FOIA. 

(2) Submitter means any person or 

entity from whom the Department 

obtains confidential commercial 

information, directly or indirectly. 

(b) Designation of confidential 

commercial information. A submitter of 

confidential commercial information 

must use good faith efforts to designate 

by appropriate markings, either at the 

time of submission or within a 

reasonable time thereafter, any portion 

of its submission that it considers to be 

protected from disclosure under 

Exemption 4. These designations will 

expire ten years after the date of the 

submission unless the submitter 

requests and provides justification for a 

longer designation period. 

(c) When notice to submitters is 

required. 

(1) A component shall promptly 

provide written notice to a submitter 

whenever: 

(i) The requested information has 

been designated in good faith by the 

submitter as information considered 

protected from disclosure under 

Exemption 4; or 

(ii) The component has a reason to 

believe that the requested information 

may be protected from disclosure under 

Exemption 4. 

(2) The notice shall either describe the 

commercial information requested or 

include a copy of the requested records 

or portions of records containing the 

information. In cases involving a 

voluminous number of submitters, 

notice may be made by posting or 

publishing the notice in a place or 

manner reasonably likely to accomplish 

it. 

(d) Exceptions to submitter notice 

requirements. The notice requirements 

of this section shall not apply if: 

(1) The component determines that 

the information is exempt under the 

FOIA; 

(2) The information lawfully has been 

published or has been officially made 

available to the public; 

(3) Disclosure of the information is 

required by a statute other than the 

FOIA or by a regulation issued in 

accordance with the requirements of 

Executive Order 12600 of June 23, 1987; 

or 

(4) The designation made by the 

submitter under paragraph (b) of this 

section appears obviously frivolous, 

except that, in such a case, the 

component shall give the submitter 

written notice of any final decision to 

disclose the information and must 

provide that notice within a reasonable 

number of days prior to a specified 

disclosure date. 

(e) Opportunity to object to disclosure. 

(1) A component will specify a 

reasonable time period within which 

the submitter must respond to the notice 

referenced above. If a submitter has any 

objections to disclosure, it should 

provide the component a detailed 

written statement that specifies all 

grounds for withholding the particular 

information under any exemption of the 

FOIA. In order to rely on Exemption 4 

as basis for nondisclosure, the submitter 

must explain why the information 

constitutes a trade secret, or commercial 

or financial information that is 

privileged or confidential. 

(2) A submitter who fails to respond 

within the time period specified in the 

notice shall be considered to have no 

objection to disclosure of the 

information. Information received by 

the component after the date of any 

disclosure decision will not be 

considered by the component. Any 

information provided by a submitter 

under this subpart may itself be subject 

to disclosure under the FOIA. 

(f) Analysis of objections. A 

component shall consider a submitter’s 

objections and specific grounds for 

nondislosure in deciding whether to 

disclose the requested information. 

(g) Notice of intent to disclose. 

Whenever a component decides to 

disclose information over the objection 

of a submitter, the component shall 

provide the submitter written notice, 

which shall include: 

(1) A statement of the reasons why 

each of the submitter’s disclosure 

objections was not sustained; 

(2) A description of the information to 

be disclosed; and 

(3) A specified disclosure date, which 

shall be a reasonable time subsequent to 

the notice. 

(h) Notice of FOIA lawsuit. Whenever 

a requester files a lawsuit seeking to 

compel the disclosure of confidential 

commercial information, the component 

shall promptly notify the submitter. 

(i) Requester notification. The 

component shall notify a requester 

whenever it provides the submitter with 

notice and an opportunity to object to 

disclosure; whenever it notifies the 

submitter of its intent to disclose the 

requested information; and whenever a 

submitter files a lawsuit to prevent the 

disclosure of the information. 

§ 16.8 Administrative appeals. 

(a) Requirements for making an 

appeal. A requester may appeal any 

adverse determinations denying his or 

her request to the Office of Information 

Policy. The contact information for the 

Office of Information Policy is 

contained in the FOIA Reference Guide. 

Examples of adverse determinations are 

provided in § 16.6(c) of this subpart. 

The requester must make the appeal in 

writing and to be considered timely it 

must be postmarked, or in the case of 

electronic submissions, transmitted, 

within 45 calendar days after the date of 

the letter denying the request. Appeals 

that have not been postmarked or 

transmitted within the specified 

timeframe will be considered untimely 

and will be administratively closed with 

notice to the requester. The appeal letter 

should clearly identify the component’s 

determination that is being appealed 

and the assigned request number. The 

requester should mark both the appeal 

letter and envelope, or subject line of 

the electronic transmission, ‘‘Freedom of 

Information Act Appeal.’’ 

(b) Adjudication of appeals. (1) The 

Director of the Office of Information 

Policy or designee will act on behalf of 

the Attorney General on all appeals 

under this section. 

(2) An appeal ordinarily will not be 

adjudicated if the request becomes a 

matter of FOIA litigation. 

(3) On receipt of any appeal involving 

classified information, the Office of 

Information Policy shall take 

appropriate action to ensure compliance 

with part 17 of this title. 

(c) Decisions on appeals. A decision 

on an appeal must be made in writing. 

A decision that upholds a component’s 

determination will contain a statement 

that identifies the reasons for the 

affirmance, including any FOIA 

exemptions applied, and will provide 

the requester with notification of the 

statutory right to file a lawsuit. If a 

component’s decision is remanded or 

modified on appeal the requester will be 

notified of that determination in 

writing. The component will thereafter 

further process the request in 

accordance with that appeal 

determination and respond directly to 

the requester. 

(d) When appeal is required. Before 

seeking review by a court of a 

component’s adverse determination, a 

requester generally must first submit a 

timely administrative appeal. 

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§ 16.9 Preservation of records. 

Each component shall preserve all 

correspondence pertaining to the 

requests that it receives under this 

subpart, as well as copies of all 

requested records, until disposition or 

destruction is authorized pursuant to 

title 44 of the United States Code or the 

General Records Schedule 14 of the 

National Archives and Records 

Administration. Records that are 

identified as responsive to a request will 

not be disposed of or destroyed while 

they are the subject of a pending 

request, appeal, or lawsuit under the 

FOIA. 

§ 16.10 Fees. 

(a) In general. Components shall 

charge for processing requests under the 

FOIA in accordance with the provisions 

of this section and with the OMB 

Guidelines. In order to resolve any fee 

issues that arise under this section, a 

component may contact a requester for 

additional information. A component 

ordinarily will collect all applicable fees 

before sending copies of records to a 

requester. Requesters must pay fees by 

check or money order made payable to 

the Treasury of the United States. 

(b) Definitions. For purposes of this 

section: 

(1) Commercial-use request is a 

request that asks for information for a 

use or a purpose that furthers a 

commercial, trade, or profit interest, 

which can include furthering those 

interests through litigation. 

(2) Direct costs are those expenses that 

an agency expends in searching for and 

duplicating (and, in the case of 

commercial-use requests, reviewing) 

records in order to respond to a FOIA 

request. For example, direct costs 

include the salary of the employee 

performing the work (i.e., the basic rate 

of pay for the employee, plus 16 percent 

of that rate to cover benefits) and the 

cost of operating computers and other 

electronic equipment, such as 

photocopiers and scanners. Components 

shall ensure that searches, review, and 

duplication are conducted in the most 

efficient and the least expensive 

manner. Direct costs do not include 

overhead expenses such as the costs of 

space, and of heating or lighting a 

facility. 

(3) Duplication is reproducing a copy 

of a record or of the information 

contained in it, necessary to respond to 

a FOIA request. Copies can take the 

form of paper, audiovisual materials, or 

electronic records, among others. 

(4) Educational institution is any 

school that operates a program of 

scholarly research. A requester in this 

category must show that the request is 

authorized by, and is made under the 

auspices of, a qualifying institution and 

that the records are not sought for a 

commercial use, but rather are sought to 

further scholarly research. Records 

requested for the intention of fulfilling 

credit requirements are not considered 

to be sought for a scholarly purpose. 

(5) Noncommercial scientific 

institution is an institution that is not 

operated on a ‘‘commercial’’ basis, as 

defined in paragraph (b)(1) of this 

section, and that is operated solely for 

the purpose of conducting scientific 

research the results of which are not 

intended to promote any particular 

product or industry. A requester in this 

category must show that the request is 

authorized by and is made under the 

auspices of a qualifying institution and 

that the records are sought to further 

scientific research and not for a 

commercial use. 

(6) Representative of the news media 

is any person or entity organized and 

operated to publish or broadcast news to 

the public that actively gathers 

information of potential interest to a 

segment of the public, uses its editorial 

skills to turn the raw materials into a 

distinct work, and distributes that work 

to an audience. The term ‘‘news’’ means 

information that is about current events 

or that would be of current interest to 

the public. Examples of news media 

entities include television or radio 

stations that broadcast ‘‘news’’ to the 

public at large and publishers of 

periodicals that disseminate ‘‘news’’ and 

make their products available through a 

variety of means to the general public. 

A request for records that supports the 

news-dissemination function of the 

requester shall not be considered to be 

for a commercial use. ‘‘Freelance’’ 

journalists who demonstrate a solid 

basis for expecting publication through 

a news media entity shall be considered 

as working for that entity. A publishing 

contract would provide the clearest 

evidence that publication is expected; 

however, components shall also 

consider a requester’s past publication 

record in making this determination. A 

component’s decision to grant a 

requester media status will be made on 

a case-by-case basis based upon the 

requester’s intended use. 

(7) Review is the examination of a 

record located in response to a request 

in order to determine whether any 

portion of it is exempt from disclosure. 

Review time includes processing any 

record for disclosure, such as doing all 

that is necessary to prepare the record 

for disclosure, including the process of 

redacting the record and marking the 

appropriate exemptions. Review costs 

are properly charged even if a record 

ultimately is not disclosed. Review time 

also includes time spent both obtaining 

and considering any formal objection to 

disclosure made by a confidential 

commercial information submitter 

under § 16.7 of this subpart, but it does 

not include time spent resolving general 

legal or policy issues regarding the 

application of exemptions. 

(8) Search is the process of looking for 

and retrieving records or information 

responsive to a request. Search time 

includes page-by-page or line-by-line 

identification of information within 

records; and the reasonable efforts 

expended to locate and retrieve 

information from electronic records. 

(c) Charging fees. In responding to 

FOIA requests, components shall charge 

the following fees unless a waiver or 

reduction of fees has been granted under 

paragraph (k) of this section. Because 

the fee amounts provided below already 

account for the direct costs associated 

with a given fee type, components 

should not add any additional costs to 

those charges. 

(1) Search. (i) Search fees shall be 

charged for all requests subject to the 

restrictions of paragraph (d) of this 

section. Components may properly 

charge for time spent searching even if 

they do not locate any responsive 

records or if they determine that the 

records are entirely exempt from 

disclosure. 

(ii) For each quarter hour spent by 

personnel searching for requested 

records, including electronic searches 

that do not require new programming, 

the fees will be as follows: 

Professional—$16.50; and 

administrative—$13.00. 

(iii) Requesters will be charged the 

direct costs associated with conducting 

any search that requires the creation of 

a new program to locate the requested 

records. 

(iv) For requests that require the 

retrieval of records stored by an agency 

at a Federal records center operated by 

the National Archives and Records 

Administration (NARA), additional 

costs shall be charged in accordance 

with the Transactional Billing Rate 

Schedule established by NARA. 

(2) Duplication. Duplication fees will 

be charged to all requesters, subject to 

the restrictions of paragraph (d) of this 

section. A component shall honor a 

requester’s preference for receiving a 

record in a particular form or format 

where it is readily reproducible by the 

component in the form or format 

requested. Where photocopies are 

supplied, the component will provide 

one copy per request at a cost of five 

cents per page. For copies of records 

produced on tapes, disks, or other 

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electronic media, components will 

charge the direct costs of producing the 

copy, including operator time. Where 

paper documents must be scanned in 

order to comply with a requester’s 

preference to receive the records in an 

electronic format, the requester shall 

pay the direct costs associated with 

scanning those materials. For other 

forms of duplication, components will 

charge the direct costs. 

(3) Review. Review fees will be 

charged to requesters who make 

commercial-use requests. Review fees 

will be assessed in connection with the 

initial review of the record, i.e., the 

review conducted by a component to 

determine whether an exemption 

applies to a particular record or portion 

of a record. No charge will be made for 

review at the administrative appeal 

stage of exemptions applied at the 

initial review stage. However, when the 

appellate authority determines that a 

particular exemption no longer applies, 

any costs associated with a component’s 

re-review of the records in order to 

consider the use of other exemptions 

may be assessed as review fees. Review 

fees will be charged at the same rates as 

those charged for a search under 

paragraph (c)(1)(ii) of this section. 

(d) Restrictions on charging fees. (1) 

No search fees will be charged for 

requests by educational institutions, 

noncommercial scientific institutions, 

or representatives of the news media. 

When the component fails to comply 

with the time limits in which to respond 

to a request, and if no unusual or 

exceptional circumstances, as those 

terms are defined by the FOIA, apply to 

the processing of the request, it may not 

charge search fees, or, in the instances 

of requests from requesters defined in 

paragraphs (b)(4), (b)(5) and (b)(6) of this 

section, may not charge duplication 

fees. 

(2) No search or review fees will be 

charged for a quarter-hour period unless 

more than half of that period is required 

for search or review. 

(3) Except for requesters seeking 

records for a commercial use, 

components will provide without 

charge: 

(i) The first 100 pages of duplication 

(or the cost equivalent for other media); 

and 

(ii) The first two hours of search. 

(4) When, after first deducting the 100 

free pages (or its cost equivalent) and 

the first two hours of search, a total fee 

calculated under paragraph (c) of this 

section is $25.00 or less for any request, 

no fee will be charged. 

(e) Notice of anticipated fees in excess 

of $25.00. When a component 

determines or estimates that the fees to 

be assessed in accordance with this 

section will exceed $25.00, the 

component shall notify the requester of 

the actual or estimated amount of the 

fees, unless the requester has indicated 

a willingness to pay fees as high as 

those anticipated. If only a portion of 

the fee can be estimated readily, the 

component shall advise the requester 

accordingly. In cases in which a 

requester has been notified that the 

actual or estimated fees are in excess of 

$25.00, the request shall not be 

considered received and further work 

will not be completed until the 

requester commits in writing to pay the 

actual or estimated total fee. Such a 

commitment must be made by the 

requester in writing, must indicate a 

given dollar amount, and must be 

received by the component within 30 

calendar days from the date of 

notification of the fee estimate. If a 

commitment is not received within this 

period, the request shall be closed. 

Components will make available their 

FOIA Public Liaison or other FOIA 

professional to assist any requester in 

reformulating a request in an effort to 

reduce fees. Components are not 

required to accept payments in 

installments. 

(f) Charges for other services. 

Although not required to provide 

special services, if a component chooses 

to do so as a matter of administrative 

discretion, the direct costs of providing 

the service will be charged. Examples of 

such services include certifying that 

records are true copies, providing 

multiple copies of the same document, 

or sending records by means other than 

first class mail. 

(g) Charging interest. Components 

may charge interest on any unpaid bill 

starting on the 31st day following the 

date of billing the requester. Interest 

charges will be assessed at the rate 

provided in 31 U.S.C. 3717 and will 

accrue from the billing date until 

payment is received by the component. 

Components will follow the provisions 

of the Debt Collection Act of 1982 

(Public Law 97–365, 96 Stat. 1749), as 

amended, and its administrative 

procedures, including the use of 

consumer reporting agencies, collection 

agencies, and offset. 

(h) Aggregating requests. When a 

component reasonably believes that a 

requester or a group of requesters acting 

in concert is attempting to divide a 

single request into a series of requests 

for the purpose of avoiding fees, the 

component may aggregate those requests 

and charge accordingly. Components 

may presume that multiple requests of 

this type made within a 30-day period 

have been made in order to avoid fees. 

For requests separated by a longer 

period, components will aggregate them 

only where there is a reasonable basis 

for determining that aggregation is 

warranted in view of all the 

circumstances involved. Multiple 

requests involving unrelated matters 

will not be aggregated. 

(i) Advance payments. (1) For 

requests other than those described in 

paragraphs (i)(2) and (i)(3) of this 

section, a component shall not require 

the requester to make an advance 

payment before work is commenced or 

continued on a request. Payment owed 

for work already completed (i.e., 

payment before copies are sent to a 

requester) is not an advance payment. 

(2) When a component determines or 

estimates that a total fee to be charged 

under this section will exceed $250.00, 

it may require that the requester make 

an advance payment up to the amount 

of the entire anticipated fee before 

beginning to process the request. A 

component may elect to process the 

request prior to collecting fees when it 

receives a satisfactory assurance of full 

payment from a requester with a history 

of prompt payment. 

(3) Where a requester has previously 

failed to pay a properly charged FOIA 

fee to any component or agency within 

30 calendar days of the billing date, a 

component may require that the 

requester pay the full amount due, plus 

any applicable interest on that prior 

request and the component may require 

that the requester make an advance 

payment of the full amount of any 

anticipated fee, before the component 

begins to process a new request or 

continues to process a pending request 

or any pending appeal. Where a 

component has a reasonable basis to 

believe that a requester has 

misrepresented his or her identity in 

order to avoid paying outstanding fees, 

it may require that the requester provide 

proof of identity. 

(4) In cases in which a component 

requires advance payment, the request 

shall not be considered received and 

further work will not be completed until 

the required payment is received. If the 

requester does not pay the advance 

payment within 30 calendar days after 

the date of the component’s fee letter, 

the request will be closed. 

(j) Other statutes specifically 

providing for fees. The fee schedule of 

this section does not apply to fees 

charged under any statute that 

specifically requires an agency to set 

and collect fees for particular types of 

records. In instances where records 

responsive to a request are subject to a 

statutorily-based fee schedule program, 

the component will inform the requester 

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of the contact information for that 

source. 

(k) Requirements for waiver or 

reduction of fees. 

(1) Records responsive to a request 

shall be furnished without charge or at 

a reduced rate below that established 

under paragraph (c) of this section, 

where a component determines, based 

on all available information, that the 

requester has demonstrated that: 

(i) Disclosure of the requested 

information is in the public interest 

because it is likely to contribute 

significantly to public understanding of 

the operations or activities of the 

government, and 

(ii) Disclosure of the information is 

not primarily in the commercial interest 

of the requester. 

(2) In deciding whether disclosure of 

the requested information is in the 

public interest because it is likely to 

contribute significantly to public 

understanding of operations or activities 

of the government, components will 

consider the following factors: 

(i) The subject of the request must 

concern identifiable operations or 

activities of the Federal government, 

with a connection that is direct and 

clear, not remote or attenuated. 

(ii) The disclosable portions of the 

requested records must be meaningfully 

informative about government 

operations or activities in order to be 

‘‘likely to contribute’’ to an increased 

public understanding of those 

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 

contribute to such understanding where 

nothing new would be added to the 

public’s understanding. 

(iii) The disclosure must contribute to 

the understanding of a reasonably broad 

audience of persons interested in the 

subject, as opposed to the individual 

understanding of the requester. A 

requester’s expertise in the subject area 

as well as his or her ability and 

intention to effectively convey 

information to the public shall be 

considered. It shall ordinarily be 

presumed that a representative of the 

news media satisfies this consideration. 

(iv) The public’s understanding of the 

subject in question must be enhanced by 

the disclosure to a significant extent. 

However, components shall not make 

value judgments about whether the 

information at issue is ‘‘important’’ 

enough to be made public. 

(3) To determine whether disclosure 

of the requested information is 

primarily in the commercial interest of 

the requester, components will consider 

the following factors: 

(i) Components shall identify any 

commercial interest of the requester, as 

defined in paragraph (b)(1) of this 

section, that would be furthered by the 

requested disclosure. Requesters shall 

be given an opportunity to provide 

explanatory information regarding this 

consideration. 

(ii) A waiver or reduction of fees is 

justified where the public interest is 

greater than any identified commercial 

interest in disclosure. 

(4) Where only some of the records to 

be released satisfy the requirements for 

a waiver of fees, a waiver shall be 

granted for those records. 

(5) Requests for a waiver or reduction 

of fees should be made when the request 

is first submitted to the component and 

should address the criteria referenced 

above. A requester may submit a fee 

waiver request at a later time so long as 

the underlying record request is 

pending or on administrative appeal. 

When a requester who has committed to 

pay fees subsequently asks for a waiver 

of those fees and that waiver is denied, 

the requester will be required to pay any 

costs incurred up to the date the fee 

waiver request was received. 

§ 16.11 Other rights and services. 

Nothing in this subpart shall be 

construed to entitle any person, as of 

right, to any service or to the disclosure 

of any record to which such person is 

not entitled under the FOIA. 

3. Appendix I to part 16 is revised to 

read as follows: 

Appendix I to Part 16—Components of 

the Department of Justice 

Please consult Attachment B of the 

Department of Justice Freedom of 

Information Act Reference Guide for the 

contact information and a detailed 

description of the types of records 

maintained by each Department component. 

The FOIA Reference Guide is available at 

http://www.justice.gov/oip/ 

referenceguide.htm or upon request to the 

Office of Information Policy. 

The FOIA Offices of Department 

components and any component-specific 

requirements for making a FOIA request are 

listed below. The Certification of Identity 

form available at http://www.justice.gov/oip/ 

forms/cert_ind.pdf may be used by 

individuals who are making requests for 

records pertaining to themselves. For each of 

the components marked with an asterisk, 

FOIA and Privacy Act (‘‘PA’’) access requests 

must be sent to the Office of Information 

Policy, which handles initial requests for 

those seven components. 

A 

Office of the Attorney General* 

Office of the Deputy Attorney General* 

Office of the Associate Attorney General* 

B 

Antitrust Division, FOIA/PA Unit 

Bureau of Alcohol, Tobacco, Firearms, and 

Explosives, Disclosure Division 

Civil Division, FOIA/PA Officer 

Requests for records from case files must 

include a case caption or name, civil 

action number, and judicial district. 

Civil Rights Division, FOIA/PA Branch 

Community Relations Service, FOIA/PA 

Coordinator 

Criminal Division, FOIA/PA Unit 

Requests for records from criminal case 

files must include the case caption or 

name, civil action number, judicial 

district, dates of arrest or conviction, and 

Federal offenses involved. 

Drug Enforcement Administration, Freedom 

of Information Operations Unit, FOI/ 

Records Management Section 

Environment and Natural Resources 

Division, FOIA Coordinator, Law and 

Policy Section 

Requests for records from case files must 

include the case caption or name, civil 

action number, and judicial district. 

Executive Office for Immigration Review, 

Office of the General Counsel 

When applicable, requesters must include 

an alien registration number. If the ‘‘A’’ 

number is not known or the case 

occurred before 1988, the date of the 

Order to Show Cause, country of origin, 

and location of the immigration hearing 

must be provided. 

Executive Office for United States Attorneys, 

FOIA/Privacy Unit 

Requests for records from case files must 

include the judicial district in which the 

investigation/prosecution or other 

litigation occurred. 

Executive Office for United States Trustees, 

FOIA/PA Counsel, Office of the General 

Counsel 

Requests for records from bankruptcy case 

files must include the case caption or 

name, case number, and judicial district. 

Federal Bureau of Investigation, Record/ 

Information Dissemination Section, 

Records Management Division 

Federal Bureau of Prisons, FOIA/PA Section 

Foreign Claims Settlement Commission 

INTERPOL—U.S. National Central Bureau, 

FOIA/PA Specialist, Office of General 

Counsel 

Justice Management Division, FOIA Contact 

National Drug Intelligence Center, FOIA 

Coordinator 

National Security Division, FOIA Initiatives 

Coordinator 

Office of Community Oriented Policing 

Services, FOIA Officer, Legal Division 

Office of Dispute Resolution, FOIA Officer 

Office of the Federal Detention Trustee, 

Office of General Counsel 

Office of Information Policy 

Office of the Inspector General, Office of the 

General Counsel 

Office of Intergovernmental and Public 

Liaison* 

Office of Justice Programs, Office of the 

General Counsel 

Office of Legal Counsel 

Office of Legal Policy* 

Office of Legislative Affairs* 

Office of the Pardon Attorney, FOIA Officer 

Office of Professional Responsibility, Special 

Counsel for Freedom of Information and 

Privacy Acts 

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15244 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Proposed Rules 

Office of Public Affairs* 

Office of the Solicitor General 

Requests for records from case files must 

include the case name, docket number or 

citation to case. 

Office on Violence Against Women 

Professional Responsibility Advisory Office, 

Information Management Specialist 

Tax Division, Division Counsel for FOIA and 

PA Matters 

Requests for records from case files must 

include the case caption or name, civil 

action number, and judicial district. 

United States Marshals Service, Office of the 

General Counsel 

Requests for records pertaining to 

individuals must include the judicial 

district. Requests for records related to 

prisoner transportation must include the 

date and trip number. Requests for 

records concerning seized property must 

specify the judicial district, civil action 

number, asset identification number, or 

an accurate description of the property. 

United States Parole Commission, FOIA/PA 

Specialist 

Dated: March 14, 2011. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2011–6473 Filed 3–18–11; 8:45 am] 

BILLING CODE 4410–BE–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2011–0126] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Chester River, Chestertown, 

MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish special local regulations 

during the reenactment portion of the 

‘‘Chestertown Tea Party Festival’’, a 

marine event to be held on the waters 

of the Chester River, Chestertown, 

Maryland. These special local 

regulations are necessary to provide for 

the safety of life on navigable waters 

during the event. This action is 

intended to temporarily restrict vessel 

traffic in a portion of the Chester River 

during the event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 20, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–0126 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand Delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Mr. Ronald Houck, 

U.S. Coast Guard Sector Baltimore, MD; 

telephone 410–576–2674, e-mail 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2011–0126), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2010–0126’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2011– 

0126’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

mstockstill on DSKH9S0YB1PROD with PROPOSALS