Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Rules and Regulations 48585 

EPA-APPROVED NEBRASKA REGULATIONS

Nebraska 

citation Title 

State 

effective 

date 

EPA approval date Explanation 

STATE OF NEBRASKA 

Department of Environmental Quality 

Title 129—Nebraska Air Quality Regulations 

129–1 .............................. Definitions ...................... 9/25/05 8/11/10 [insert FR page number where the document begins].Requirements for t-butyl 

acetate are still in effect. 

* * * * * * * 

129–17 ............................ Construction Permits— 

When Required.

9/25/05 8/11/10 [insert FR page number where the document begins].

*******

129–30 ............................ Open Fires, Prohibited; 

Exceptions.

9/25/05 8/11/10 [insert FR page number where the document begins].

*******

* * * * * 

PART 70—[AMENDED] 

■ 3. The authority citation for Part 70 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Appendix A—[Amended] 

■ 4. Appendix A to Part 70 is amended 

by adding paragraph (j) under the 

heading ‘‘Nebraska; City of Omaha; 

Lincoln-Lancaster County Health 

Department’’ to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Nebraska; City of Omaha; Lincoln-Lancaster 

County Health Department 

* * * * * 

(j) The Nebraska Department of 

Environmental Quality approved a revision 

to NDEQ Title 129, Chapter 1 on June 2, 

2005, which became effective September 25, 

2005. This revision was submitted on May 

27, 2009. We are approving this program 

revision effective October 12, 2010. 

* * * * * 

[FR Doc. 2010–19566 Filed 8–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

COUNCIL ON ENVIRONMENTAL 

QUALITY 

40 CFR Part 1515 

RIN 0331–ZA01 

Revision of Freedom of Information 

Act Regulations 

AGENCY: Council on Environmental 

Quality. 

ACTION: Final Rule. 

SUMMARY: This document amends the 

Council on Environmental Quality’s 

(CEQ) regulations governing the 

disclosure of information pursuant to 

the requests made under the Freedom of 

Information Act (FOIA). These revisions 

also reflect the principles established by 

President Obama’s Presidential 

Memoranda on ‘‘Transparency and Open 

Government’’ and ‘‘Freedom of 

Information Act’’ issued on January 21, 

2009 and Attorney General Holder’s 

Memorandum on ‘‘The Freedom of 

Information Act (FOIA)’’ issued on 

March 19, 2009. Additionally, the 

regulations have been updated to reflect 

CEQ’s policy and practices and reaffirm 

its commitment to providing the fullest 

possible disclosure of records to the 

public. The regulations provide for an 

online FOIA Requester Service Center 

and Reading Room; electronic FOIA 

requests; access to records published or 

released under FOIA in electronic 

format, provided the record is readily 

reproducible in that form or format; 

designation of a Chief FOIA Officer and 

FOIA Public Liaison; referral of requests 

to appropriate Federal agencies or 

consultation with another agency, if 

appropriate; review of requests in order 

of receipt; multi-tacking of FOIA 

requests based on the amount of time 

and work involved in processing 

requests; revision of CEQ’s initial 

determination period from 10 days to 20 

days, beginning on the date CEQ 

receives a written request; assignment of 

individualized tracking numbers for 

certain requests; tolling of the time limit 

for CEQ to act on a request; expedited 

processing of FOIA requests upon 

showing a showing of compelling need; 

CEQ consultations with a requester to 

determine if a FOIA request may be 

modified to allow for a more timely 

response, or to arrange an alternative 

time frame for a response; informing the 

requester of the volume of requested 

material withheld and the extent of 

deletions in records released in 

response to a FOIA request; increase in 

time for appeal from 45 to 60 days from 

the date of denial of a request; extension 

of the time limit to respond to a request 

in ‘‘unusual circumstances,’’ and 

aggregation of clearly related requests by 

a single requester or group of requesters. 

Further, CEQ’s fee structure is revised to 

include a method for computing fees 

based upon the classification of the 

requester and the base pay of the 

employee making the search, an 

increase of copying costs from $0.10 to 

$0.15 per page, and a provision for 

waiving fees. Additional administrative 

changes include reorganizing, 

renumbering, and renaming of the FOIA 

subsections and updating addresses and 

telephone numbers. 

DATES: This final rule is effective 

September 10, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Moss, FOIA Coordinator, 722 

Jackson Place, NW., Washington, DC 

20503 or (202) 456–6550. 

SUPPLEMENTARY INFORMATION: On 

November 13, 2009, the Council on 

Environmental Quality published a 

proposed rule that revised its existing 

regulations under the FOIA and added 

new provisions implementing the 

‘‘Openness Promotes Effectiveness in 

our National Government Act of 2007’’ 

(OPEN Government Act of 2007), Public 

Law 110–175, 121 Stat. 2524 (Dec. 31, 

2007) and the ‘‘Electronic Freedom of 

Information Act Amendments of 1996’’ 

(Electronic FOIA Amendments), Public 


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48586 Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Rules and Regulations 

Law 104–231, 110 Stat. 3048 (Oct. 2, 

1996). See 74 FR 58576, Nov. 13, 2009. 

Interested persons were afforded an 

opportunity to participate in the 

rulemaking through submission of 

written comments on the proposed rule. 

CEQ received three responses to its 

proposed rule. CEQ has addressed the 

modifications suggested by the 

commenters and has made other 

revisions to its proposed rule for clarity 

as well. 

CEQ coordinates Federal 

environmental efforts and works closely 

with agencies White House offices in 

the development of environmental 

policies and initiatives. CEQ was 

established within the Executive Office 

of the President by Congress as part of 

the National Environmental Policy Act 

of 1969, 42 U.S.C. 4321 et seq., (NEPA); 

additional responsibilities were 

provided by the Environmental Quality 

Improvement Act of 1970, 42 U.S.C. 

4372 et seq. CEQ’s current FOIA 

regulations are published at 40 CFR part 

1515 and are available on the CEQ’s 

FOIA Web site at: http:// 

www.whitehouse.gov/administration/ 

eop/ceq/foia. Promulgated in 1977, 42 

FR 65158 (Dec. 30, 1977), they have not 

been revised since to reflect current law 

or CEQ’s policy and practice of 

conducting its activities in an open 

manner and providing the public with 

accurate and timely information about 

its activities. Amendments to the FOIA, 

including OPEN Government Act of 

2007 and the 1996 Electronic FOIA 

Amendments, require changes in CEQ 

FOIA practices to promote openness 

and transparency in government, 

provide for public access to information 

in an electronic format and ensure a 

prompt and effective response to the 

public’s requests for information. In 

addition, the Freedom of Information 

Reform Act of 1986 (1986 Act), Public 

Law 99–570, 100 Stat. 3207 (1986), the 

DOJ’s ‘‘New FOIA Fee Waiver Policy 

Guidance’’ (April 2, 1987) and the 

OMB’s Uniform FOIA Fee Schedule and 

Guidelines, 52 FR 10012, March 27, 

1987, established pursuant to the FOIA, 

require amendments to the FOIA fee 

provisions, including a method for 

computing fees that is based upon the 

classification of the requester and the 

base pay of the employee making the 

search and a provision for waiving fees. 

Finally, the Presidential Memorandum 

of January 21, 2009, ‘‘Transparency and 

Openness,’’ 74 FR 4685, and the 

Attorney General’s March 19, 2009 

FOIA policy guidance have advised 

Federal agencies to apply a presumption 

of disclosure in FOIA decision-making. 

The Attorney General’s guidance further 

advises that agencies should release 

information to the fullest extent of the 

law, including information that may be 

legally withheld, provided there is no 

foreseeable harm to an interest protected 

by an exemption or the disclosure is not 

prohibited by law. 

Consistent with these laws and 

guidance, CEQ undertook a 

comprehensive review of its FOIA 

regulations. As a result CEQ proposes to 

revise its regulations to more clearly 

reflect current law, CEQ’s current 

organizational structure, its record 

system configuration, and FOIA policy 

and practice as well as to eliminate 

outdated regulatory provisions. CEQ has 

modeled many of the provisions in 

today’s rules on similar regulations 

previously adopted by other Federal 

agencies. Thus, many are identical to or 

closely resemble the requirements 

adopted by other Federal agencies, and 

as such represent regulatory ‘‘best 

practices’’ concerning FOIA procedures. 

The fee provisions reflect OMB’s FOIA 

fee provisions. Additional provisions 

reorganize and renumber current FOIA 

regulations to reflect and implement the 

FOIA amendments referenced above. 

CEQ’s policy of disclosure follows the 

Presidential Memorandum and the 

Attorney General’s guidance. Congress 

established CEQ to advise the President 

on matters of environmental policy. 

Therefore, members of the public 

should be advised that communications 

between CEQ and the President (and 

their staff) may be confidential and thus 

may not be released if they fall within 

a FOIA exemption. However, based on 

the recommendation of the CEQ FOIA 

Officer or Appeals Officer, CEQ 

considers the release of an entire record, 

even if it comes within an exemption or 

contains policy advice, if its disclosure 

would not impair Executive Branch 

policymaking processes or CEQ’s 

participation in decision-making. 

Comments 

CEQ received three responses to its 

request for comments: one from an 

organization that represents state and 

local associations of home builders and 

regularly relies on FOIA as part of its 

advocacy and two from private citizens 

who submit FOIA requests. Each of 

these responses contained several 

comments, which are available at the 

CEQ Proactive Disclosure Reading Room 

at: http://www.whitehouse.gov/ 

administration/eop/ceq/foia/ 

readingroom. 

In general, all commenters supported 

CEQ’s proposed regulatory revisions. 

One commenter observed that it was 

encouraging to see that CEQ was 

bringing its FOIA response practices ‘‘up 

to date’’; another noted that the 

regulatory changes will facilitate greater 

access and public disclosure of 

information: ‘‘the public in general and 

FOIA requesters will greatly benefit 

from these proposed changes.’’ Within 

this context, all three commenters 

requested clarifications and, in several 

instances, additions to the FOIA 

regulations. 

One commenter was ‘‘encouraged’’ 

that CEQ’s proposed revisions 

specifically respond to the Presidential 

Memorandum of January 21, 2009 and 

the Attorney General’s March 19, 2009, 

FOIA policy guidance but noted that 

‘‘CEQ makes no mention of a 

presumption of openness, full 

disclosure, or increased transparency 

anywhere in its revisions.’’ The same 

commenter states that CEQ’s proposed 

deletion of § 1515,10(c) is in direct 

conflict with the 2009 directives. A 

commitment to the Presidential 

Memorandum as well as the Attorney 

General’s guidelines is the driving force 

behind the revision of CEQ’s FOIA 

regulations. CEQ has revised Section 

1515.10(c) to make this intention clear. 

One commenter stated that CEQ’s 

designation of its Chief FOIA Officer as 

also the agency’s Appeals Officer 

constitutes ‘‘a conflict of interest.’’ CEQ 

appreciates the commenter’s interest in 

ensuring that FOIA appeals decisions 

are rendered on their own merits and 

without consideration of potentially 

conflicting administrative or policy 

considerations. However, CEQ has 

observed no such conflicts and, to the 

contrary, has found that its FOIA 

program has functioned well with a 

Chief FOIA Officer who benefits from 

the practical experience of appeals 

work. Moreover, CEQ remains a small 

agency that typically does not maintain 

sufficient career staff with FOIA 

expertise to ensure that the Chief FOIA 

Officer and Appeals Officer positions 

can be maintained by different 

individuals. Therefore, Section 

1515.4(b) of the final regulation makes 

clear that the Chief FOIA Officer is 

responsible for oversight of the CEQ’s 

administration of the Freedom of 

Information Act; he or she does not 

encounter FOIA requests and responses 

directly but, rather, designates a CEQ 

FOIA Officer to manage daily business, 

including receiving, routing, and 

overseeing the processing of all FOIA 

requests. The Chief FOIA Officer 

maintains general familiarity with 

CEQ’s FOIA practice, which makes the 

Chief FOIA Officer the logical choice for 

Appeals Officer. 

Two commenters expressed concerns 

about CEQ’s proposed response time. 

The first asserts that CEQ would like to 


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Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Rules and Regulations 48587 

use a ‘‘complicated formula of tolling to 

delay a timely response’’ and that 

Section 1515.6 ‘‘should not be put into 

practice or into the CEQ’s rules.’’ The 

OPEN Government Act of 2007 

amended FOIA’s existing time period 

provision by setting forth statutory 

provisions regarding when the time 

period commences and when and how 

often it can be ‘‘tolled,’’ or stopped. 

Section1515.6 of CEQ’s revised 

regulations are consistent with those 

statutory provisions (See OPEN 

Government Act § 6 (codified at 5 U.S.C. 

552(a)(6)(A)). CEQ proposed shortening 

the interval during which a requester 

can file an appeal from 45 days to 30 

days once the requester has received an 

adverse determination through a request 

for clarification. While supporting this 

proposed reduction of the interval, a 

commenter noted inconsistencies 

between the time period specified in the 

section-by-section analysis of the 

proposed regulation and the regulatory 

language itself. CEQ has decided to 

provide a 60-day time period for 

submitting an appeal. 

One comment questions the 

justification for CEQ’s adjustment of its 

fee schedule. CEQ finds that this modest 

adjustment, the first since the initial 

publication of CEQ’s FOIA regulations 

in 1977, reflects the increased cost of 

human resources, specifically the base 

salary of FOIA staff, in addition to a rise 

in paper costs and copying equipment. 

The final fee adjustment is consistent 

with OMB Fee Guidelines (See 52 FR 

10012). 

The same commenter states that 

CEQ’s policy of consulting requesters 

about costs associated with a search 

likely to surface a voluminous amount 

of records before the search constitutes 

a means to ‘‘withhold information.’’ CEQ 

experience with requests for 

voluminous records, including 

extensive e-mail records, confirms that 

consulting with requesters can reduce 

costs and provide for more timely and 

informative responses. FOIA provides 

for two hours of free search time and 

copies the first 100 pages of records at 

no cost to all but commercial requesters. 

One commenter requested the 

addition of language in the preamble or 

the regulations that provides for the 

protection of sensitive archeological 

information in response to FOIA 

requests. Several other statutes and 

regulations relating to cultural resources 

provide this authority for withholding 

of archeological resource information. 

CEQ does not typically maintain nonpublic records related to archeological 

sites, but would protect those records in 

accordance with FOIA and other 

applicable law. CEQ finds that the 

regulations adequately protect these 

interests and has declined to 

specifically identify other applicable 

authorities at this time. 

Another comment concerned the 

intersection of the proposed regulations 

with CEQ’s NEPA regulations, 

specifically 40 CFR 1506(f) which 

provides that Environmental Impact 

Statements, the comments received, and 

the underlying information be made 

available to the public by Federal 

agencies pursuant to FOIA at no charge 

to the extent practicable. The 

commenter suggested that this section 

should be referenced in the preamble or 

the rule. CEQ agrees that its FOIA 

resources, particularly its Proactive 

Disclosure Reading Room, should be 

used to advance NEPA’s goals of 

transparency and public accountability 

in decision-making. As resources allow, 

CEQ will use its Proactive Disclosure 

Reading Room and associated Web sites 

(particularly http://www.nepa.gov) to 

make environmental documents more 

accessible to the public. 

Section-by-Section Analysis 

Section 1515.1. The FOIA, 5 U.S.C. 

552, allows the public access to Federal 

agency records except those that are 

protected from release by nine specified 

exemptions. Language is added to the 

end of this section advising requesters 

that the regulations should be read 

together with the FOIA. 

Sections 1515.2(b) and 1515.2(c). 

Sections 1515.2(b) and Section 1515.2(c) 

are deleted in their entirety. Information 

about CEQ’s purpose and functions is 

available online at http:// 

www.whitehouse.gov/administration/ 

eop/ceq. In 1995 Congress passed the 

Federal Reports Elimination and Sunset 

Act (Pub. L. 104–66) aimed at reducing 

paperwork in government, in part 

through the elimination of a list of 

reports identified in House Document 

No. 103–7. CEQ’s Environmental 

Quality Report was listed on page 41. In 

addition, CEQ no longer maintains the 

‘‘Quarterly Reports’’ referred to in 

Section 1515.2(c) 

Sections 1515.3(a) and (c). These 

sections have been revised to reflect the 

current organizational structure of CEQ. 

Although the National Environmental 

Policy Act creates CEQ to have three 

members appointed by the President 

and confirmed by the Senate (42 U.S.C 

4342), in accordance with CEQ annual 

appropriations, the Council consists of 

one member. 

Section 1515.3(e). This section has 

been deleted to reflect CEQ’s current 

organizational structure. CEQ currently 

has an Associate Director for 

Communications but does not have a 

‘‘Public Affairs’’ office. 

Section 1515.3(f). The hours of 

operation and CEQ telephone number 

and zip code have been updated in this 

section. 

Section 1515.4(a). The Open 

Government Act of 2007, amending 5 

U.S.C. 552(j), requires agencies to 

designate a Chief FOIA Officer who is 

responsible for the efficient and 

appropriate compliance with and 

implementation of the FOIA. At CEQ, 

this official may also serve as the FOIA 

Appeals Officer and, along with the 

FOIA Public Liaison designated in 

Subsection 1515.3(d), is designated to 

provide a clear point of contact for the 

public in dealing with the CEQ on FOIA 

matters. Thus, a new Section 1515.4(a) 

implements these laws and incorporates 

the information described in the current 

Section 1515.5(a). 

Section 1515.4(b). The OPEN 

Government Act of 2007, amending 5 

U.S.C. 552(k)(6), requires agencies to 

designate a FOIA Public Liaison who 

reports to the Chief FOIA Officer and 

whose role is to provide information to 

the public regarding the status of its 

FOIA requests and to receive ‘‘concerns 

about the service a requester has 

received from the [FOIA Requester 

Service] Center.’’ The OPEN 

Government Act of 2007, at 5 U.S.C. 

552(l), further directs the Public Liaison 

to ‘‘assist, as appropriate, in reducing 

delays, increasing transparency and 

understanding of the status of requests, 

and resolving disputes.’’ At CEQ, the 

FOIA Public Liaison is the FOIA Officer 

responsible for reviewing and making 

the initial determination on a FOIA 

request. Thus, a new Section 1515.4(b) 

is added to implement these laws and 

CEQ current practice. 

Section 1515.5(a). The language in 

this section has been deleted, and the 

information concerning CEQ’s ‘‘Chief 

FOIA Officer’’ and ‘‘Appeals Officer’’ has 

been moved to a new Section 1515.4. In 

addition, this section has been renamed 

‘‘Availability of Records.’’ Pursuant to 

Section 2(c)(i) of E.O. 13392, CEQ 

maintains an online FOIA Requester 

Service Center ‘‘which shall serve as the 

first place that a FOIA requester can 

contact to seek information concerning 

the status of the person’s FOIA request 

and appropriate information about the 

agency’s FOIA response.’’ The 1996 

FOIA Amendments, amending 5 U.S.C 

552(a)(2), requires agencies to make 

records that may be the subject of future 

requests, including computer 

telecommunications, created on or after 

November 1, 1996, available by 

electronic means. Accordingly, language 


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48588 Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Rules and Regulations 

is added to this section to implement 

these laws. 

Section 1515.5(b)(1). To reflect 

current CEQ practice, the language in 

this section is deleted in its entirety and 

replaced with the process the public 

follows when requesting information 

from CEQ. Like the original section, the 

new Section 1515.5(b)(1) requires all 

requests to be in writing and provides 

updated address and telephone contact 

information. It has also been revised to 

add language notifying requesters that 

they may submit FOIA requests via email or facsimile. 

Section 1515.5(b)(2). The first two 

sentences of this section are deleted in 

their entirety, and the information 

contained in these deletions are 

reorganized and stated in Section 

1515.5(b)(1). The language in current 

Section 1515.5(b)(3) is moved to this 

section. Additionally, the 1996 

Amendments, amending 5 U.S.C. 

552(a)(3)(B), require agencies to provide 

records in the form or format requested 

‘‘if the record is readily reproducible by 

the agency in that form or format.’’ 

Accordingly, language is added to this 

section notifying requesters to specify 

the form or format in which they wish 

to receive their response; otherwise CEQ 

will produce the request in the form or 

format most accessible to CEQ. 

Requesters are advised that FOIA 

requests themselves are part of CEQ’s 

agency records subject to public release 

under FOIA. 

Section 1515.5(b)(3). This language 

has been reorganized and incorporated 

into Section 1515.5(b)(2). In addition, 

the Open Government Act of 2007, 

amending 5 U.S.C. 552(a)(6)(B)(iii)(III), 

grants agencies the authority to consult 

with another agency with a substantial 

interest in the determination of the 

request. The 1996 Amendments, 

amending 5 U.S.C 552(a)(6)(D)(i) and 

(ii), allow agencies to provide for multitrack processing of requests for records 

based on the amount of time and/or 

work involved in processing of requests 

and to allow a FOIA requester whose 

request does not qualify for the fastest 

multi-track processing an opportunity to 

limit the scope of the request in order 

to qualify for faster processing. Thus 

language is added to this section to 

implement these amendments. 

Section 1515.5(b)(5). The Open 

Government Act of 2007, amending 5 

U.S.C. 552(a)(6)(A), provides that the 

statutory time period for determination 

commences ‘‘on the date on which the 

request is first received by the 

appropriate component of the agency, 

but in any event not later than ten days 

after the request is first received by any 

component of the agency that is 

designated in the agency’s regulations 

under this section to receive requests.’’ 

The language in the current Section 

1515.5(b)(5) is deleted to reflect current 

law. In addition, the new § 1515.6 

contains new language notifying 

requesters that the determination period 

begins on the date CEQ receives the 

request. 

Section 1515.6(a) This section 

renumbers and revises current Section 

1515.5(c)(1). The 1996 Act, amending 5 

U.S.C. 552(a)(6)(A)(i), lengthened the 

time within which agencies must 

respond to FOIA requests from 10 to 20 

working days. Moreover, the OPEN 

Government Act of 2007 added Sections 

552(a)(6)(A)(ii)(I) and (II) to the FOIA 

which provide authority for agencies to 

toll the 20 day determination period. 

Specifically, an agency ‘‘may make one 

request to the requester for information 

and toll’’ the statutory time period 

‘‘while it is awaiting such information 

that it has reasonably requested from the 

requester.’’ It may also toll the time 

period ‘‘if necessary to clarify with the 

requester issues regarding fee 

assessment.’’ There is no limit given for 

the number of times the agency may go 

back to a requester to clarify issues 

regarding fee assessments, which may 

need to be done in stages as the records 

are being located and processed. In both 

situations, the agency’s receipt of the 

requester’s response to the agency’s 

request ‘‘ends the tolling period.’’ 

Accordingly, the time limit for 

determination is revised and language is 

added to this subsection to implement 

these laws. 

Section 1515.6(b). The OPEN 

Government Act of 2007, which added 

5 U.S.C. 552(a)(7), requires agencies to 

assign a tracking number for each 

request that will require more than 10 

days to process and provide requesters 

with information regarding the status of 

their request. It further requires agencies 

to establish a phone number or an 

internet site to enable requesters to 

inquire about the status of their request. 

Accordingly, this section has been 

added to implement these requirements. 

Section 1515.6(c). This section 

renumbers current Section 1515.5(c)(2). 

Section 1515.6(d). This section 

renumbers and revises current Section 

1515.5(c)(4). The 1996 Act and the 

OPEN Government Act of 2007, 

amending 5 U.S.C. 552(a)(2), require 

agencies in the event of a denial, in 

whole or in part, to indicate the extent 

of any deletion made in released records 

and publicly available records and to 

inform the requester of the estimated 

volume of material withheld. Thus 

language is added to this section to 

implement these laws. 

Section 1515.7. The 1996 Act, 

amending 5 U.S.C. 552(a)(6)(E)(i), 

directs agencies to provide for expedited 

processing of FOIA requests in cases of 

‘‘compelling need’’ and in other cases, if 

any, determined by the agency. Thus 

this new subsection 1515.7 is added 

which tracks the language of the FOIA 

amendments. The FOIA also sets out 

procedures for handling requests for 

expedited processing and for appeals 

which are followed and incorporated in 

this section. 

Section 1515.8(a). This section 

renumbers and revises current 

§ 1515.5(d)(1) and explains the appeals 

process to a FOIA request 

determination. In order to streamline 

CEQ’s FOIA process and provide 

prompt responses, the time period for 

filing an appeal is increased to 60 days. 

Section 1515.8(b). This section is 

added to advise requesters that they 

may file written appeals via e-mail or 

facsimile. 

Section 1515.8(d). This section 

renumbers and revises current 

§ 1515.5(d)(4). Language is added to 

notify requesters that the 20 day appeal 

determination period does not include 

Saturdays, Sundays, and Federal 

holidays. 

Section 1515.9. This section 

renumbers and revises current Section 

1515.5(e). The FOIA at 5 U.S.C. 

552(a)(6)(B) and Section 1515.5(e) of 

CEQ’s current regulations permit CEQ, 

upon written notice to the requester, to 

extend the time limit for acting on a 

request or appeal if ‘‘unusual 

circumstances’’ exist. The 1996 Act, 

amending 5 U.S.C. 552(a)(6)(B)(ii), 

expanded this authority to permit 

agencies to further extend the response 

time by notifying the requesters and 

providing them with an opportunity to 

either limit the scope of their request so 

that no extension is needed, or to 

arrange with the agency an alternative 

time frame for processing the request. 

Accordingly, a new § 1515.9(b) is added 

to implement this law, and the 

definition of ‘‘unusual circumstances’’ 

currently at § 1515.5(e)(i), (ii) and (iii) is 

renumbered and restated in a new 

§ 1515.9(c). 

Section 1515.10(a). The 1996 Act, 

amending 5 U.S.C. 522(a)(3) (C) and (D) 

requires agencies to provide requested 

records in any form or format requested, 

if the record is readily reproducible by 

the agency in that form or format. 

Agencies must make reasonable efforts 

to maintain their records in forms or 

formats that are reproducible 

electronically and to search for 

requested records in electronic form or 

format, except when such efforts would 

significantly interfere with the operation 


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Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Rules and Regulations 48589 

of the agency’s automated information 

system. Accordingly, language is added 

to this section to implement this law. 

Language is also added to this section 

advising requesters that CEQ will make 

requested materials available at its 

online FOIA Center. 

Section 1515.10(b). The OPEN 

Government Act of 2007, amending 5 

U.S.C. 522(b), amends the current FOIA 

provision listing exemptions and 

generally requiring agencies to indicate 

directly ‘‘on the released portion of the 

record’’ the amount of information 

deleted, by adding the requirement that 

agencies also indicate ‘‘the exemption 

under which the deletion is made.’’ 

Accordingly, this section is added as 

§ 1515.10(b) which follows the language 

of this law. 

Section 1515.10(c). In a Memorandum 

to Heads of Executive Departments and 

Agencies dated January 21, 2009, the 

President directed Federal agencies to 

implement the FOIA with a 

presumption of openness and in favor of 

disclosure. CEQ is committed to 

operating transparently and subject to 

public scrutiny and accountability and 

has revised this provision of its 

regulations accordingly while providing 

for the withholding of confidential 

communications in accordance with 

CEQ’s authorizing legislation. 

Section 1515.11. The current 

§ 1515.15 regarding ‘‘Costs’’ is deleted in 

its entirety, and is replaced with 

updated fee structure and policy, 

§§ 1515.11 through 1515.15, to be 

consistent with ‘‘The Freedom of 

Information Reform Act of 1986,’’ Public 

Law 99–570, 1801–1804, 100 Stat. 3207, 

3207–48 (1986), which established the 

current FOIA fee structure and waiver 

standard, and subsequent policy 

guidance and guidelines issued by the 

U.S. Department of Justice, ‘‘New FOIA 

Fee Waiver Policy Guidance’’ (4–2–87), 

and the Office of Management and 

Budget, ‘‘Uniform Freedom of 

Information Act Fee Schedule and 

Guidelines.’’ 52 FR 1007, March 27, 

1987. CEQ’s fee structure includes a 

method for computing fees that is based 

upon the classification of the requester 

and the base pay of the employee 

making the search, an increase of 

copying costs from $0.10 to $0.15 per 

page, and provides for waiver of fees. 

Section 1515.16. This new section 

advises requesters that CEQ’s FOIA 

regulations do not ‘‘entitle any person, 

as of right, to any service or to the 

disclosure of any records to which such 

person is not entitled under the FOIA.’’ 

Regulatory Analysis and Notices 

Administrative Procedure Act 

This rulemaking is in compliance 

with the Administrative Procedure Act 

(5 U.S.C. 553). Interested persons were 

invited to submit written comments to 

CEQ on the proposed regulation. CEQ 

reviewed all comments received and 

made modifications to the proposal 

which appear warranted. 

Regulatory Flexibility Act 

For purposes of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. chapter 

6), the final rule will not have a 

significant economic impact on a 

substantial number of small entities. 

The rule addresses only the procedures 

to be followed: (1) To request CEQ 

records; or (2) in the production or 

disclosure of CEQ materials and 

information in litigation where CEQ is 

not a party. Under the FOIA, agencies 

may recover only the direct costs of 

searching for, reviewing, and 

duplicating the records processed for 

certain categories of requesters. CEQ’s 

proposed fee structure is in accordance 

with DOJ guidelines and based upon 

OMB fee schedules which calculate 

costs based upon the category of 

requester and kind of employee 

duplicating the records. Thus, fees 

assessed by CEQ are nominal and will 

not have a significant economic impact 

on a substantial number of small entities 

within the meaning of the RFA. 

Unfunded Mandates Reform Act 

For purposes of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

chapter 25, subchapter II), the final rule 

would not significantly or uniquely 

affect small governments and would not 

result in increased expenditures by 

State, local, and tribal governments, in 

the aggregate, or by the private sector, of 

$100 million or more (as adjusted for 

inflation). 

Executive Order 12866 

In issuing this regulation, CEQ has 

adhered to the regulatory philosophy 

and the applicable principles of 

regulation as set forth in Section 1 of 

Executive Order 12866, Regulatory 

Planning and Review, 58 FR 51735. This 

final rule has not been reviewed by the 

Office of Management and Budget under 

that Executive Order since it is not a 

significant regulatory action within the 

meaning of the Executive Order. 

Executive Order 12988 

CEQ has reviewed this regulation in 

light of Section 3 of Executive Order 

12988, Civil Justice Reform, and 

certifies that it meets the applicable 

standards provided therein. 

Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) does not apply 

because this regulation does not impose 

any reporting or recordkeeping 

requirements. 

National Environmental Policy Act 

The National Environmental Policy 

Act of 1969 (NEPA), 42 U.S.C. 4321 et 

seq., and the CEQ regulations which 

implement the NEPA, 40 CFR 1500– 

1508, impose requirements for 

considering the environmental impacts 

of proposed agency decisions and 

actions. They provide for each agency to 

develop a list of categories of actions 

called categorical exclusions (CEs) that 

are determined through agency 

experience to typically have no 

significant environmental impact and 

thus may generally be excluded from 

detailed analysis and documentation. It 

further directs agencies to prepare an 

environmental impact statement (EIS) 

for ‘‘major Federal actions significantly 

affecting the quality of the human 

environment.’’ If an action may have a 

significant impact and the agency has 

not decided to prepare an EIS, the 

agency must prepare an environmental 

assessment (EA). If, as a result of this 

assessment, the agency makes a Finding 

of No Significant Impact (FONSI), no 

further action is necessary. If it will 

have a significant effect, then the agency 

uses the EA to develop an EIS. 

CEQ’s NEPA regulations do not have 

a CE for either the dissemination of 

information under the FOIA or the 

preparation, revision, and adoption of 

regulations, directives, and other 

guidance documents. Thus, as set forth 

in CEQ’s November 13, 2009 Federal 

Register notice for its proposed 

rulemaking, CEQ developed an EA to 

determine whether the proposed 

revisions to CEQ’s FOIA regulations 

may or may not have a significant 

impact on the human environment. CEQ 

received no comments on the EA. 

Because these rules pertain solely to 

procedures regarding the dissemination 

of information and will have not only a 

minimal impact on CEQ resources, 

including paper consumption, but will 

conserve resources and improve the 

FOIA process, CEQ has found that these 

final regulations will have no significant 

impact on the human environment and 

therefore, an EIS is not required. 

List of Subjects in 40 CFR Part 1515 

Administrative practice and 

procedures, Freedom of information, 

Government employees, Records. 


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■ Accordingly, for the reasons set forth 

in the preamble, the Council on 

Environmental Quality revises 40 CFR 

1515 to read as follows: 

PART 1515—FREEDOM OF 

INFORMATION ACT PROCEDURES 

Sec. 

Purpose 

1515.1 FOIA procedures. 

Organization of CEQ 

1515.2 About the Council on 

Environmental Quality (CEQ). 

1515.3 CEQ organization. 

1515.4 CEQ FOIA Officials. 

Procedures for Requesting Records 

1515.5 Making a Freedom of Information 

Act request. 

1515.6 CEQ’s response to a request. 

1515.7 Expedited processing. 

1515.8 Appeals. 

1515.9 Extending CEQ’s time to respond. 

Availability of Information 

1515.10 Obtaining available information. 

Costs 

1515.11 Definitions. 

1515.12 Fees in general. 

1515.13 Fees for categories of requesters. 

1515.14 Other charges. 

1515.15 Payment and waiver. 

1515.16 Other rights and services. 

1515. 17–1515.19 [Reserved] 

Authority: 5 U.S.C. 552, as amended by 

Pub. L. 93–502, Pub. L. 99–570, Pub. L. 104– 

231, Pub. L. 110–175; E.O. 13392; Pres. Mem. 

74 FR 4685. Source: 42 FR 65158, Dec. 30, 

1977, unless otherwise noted. 

Purpose 

§ 1515.1 FOIA procedures. 

The Freedom of Information Act (5 

U.S.C. 552), as amended, commonly 

known as FOIA, is a Federal law that 

creates a procedure for any person to 

request documents and other records 

from United States Government 

agencies. The law requires every Federal 

agency to make available to the public 

the material requested, unless the 

material falls under one of the limited 

exemptions stated in Section 552(b) of 

the Act. These procedures explain how 

the Council on Environmental Quality 

(CEQ)—one of several agencies in the 

Executive Office of the President—will 

carry out the FOIA. They are written 

from the standpoint of a FOIA requester 

and should be read together with the 

FOIA, which provides additional 

information about access to records 

maintained by CEQ. This information is 

furnished for the guidance of the public 

and in compliance with the 

requirements of Section 552 of title 5, 

United States Code, as amended. 

Organization of CEQ 

§ 1515.2 About the Council on 

Environmental Quality (CEQ). 

The Council on Environmental 

Quality (‘‘CEQ’’ or ‘‘the Council’’) was 

created by the National Environmental 

Policy Act of 1969, as amended (42 

U.S.C. 4321 through 4347). The 

Council’s authority is primarily derived 

from that Act, the Environmental 

Quality Improvement Act of 1970, as 

amended (42 U.S.C. 4371–4374), 

Reorganization Plan No. 1 of 1977 (July 

15, 1977), and Executive Order 11514, 

‘‘Protection and Enhancement of 

Environmental Quality,’’ March 5, 1970, 

as amended by Executive Order 11991, 

May 24, 1977. 

§ 1515.3 CEQ organization. 

(a) The Council is made up of a Chair 

appointed by the President and subject 

to approval by the Senate who serves in 

a full-time capacity. Congress has 

allowed CEQ to consist of a Council of 

one member who serves as Chairman or 

Chair. 

(b) The National Environmental 

Policy Act and the Environmental 

Quality Improvement Act give the 

Council the authority to hire any 

officers and staff that may be necessary 

to carry out responsibilities and 

functions specified in these two Acts. 

Also, the use of consultants and experts 

is permitted. 

(c) In addition to the Chair, the 

Council has program and legal staff. 

(d) The Council has no field or 

regional offices. 

(e) The Council is located at 722 

Jackson Place NW., Washington, DC 

20503. Office hours are 9 a.m.–5:30 

p.m., Monday through Friday, except 

Federal holidays. To meet with any of 

the staff, please write or phone ahead 

for an appointment. The main number 

is 202–456–6224. 

§ 1515.4 CEQ FOIA Officials. 

(a) The Chair shall appoint a Chief 

Freedom of Information Act Officer 

(Chief FOIA Officer) who is responsible 

for overseeing the Council’s 

administration of the Freedom of 

Information Act and for receiving, 

routing and overseeing the processing of 

all Freedom of Information requests as 

set forth in these regulations. The Chair 

shall appoint an Appeals Officer, who is 

responsible for processing and acting 

upon any appeals and may designate 

one or more CEQ officials, as 

appropriate, as FOIA Officers 

authorized to oversee and process FOIA 

requests. The Chief FOIA Officer may 

serve as the Appeals Officer. 

(b) The Chief FOIA officer shall 

designate a FOIA Public Liaison who is 

the supervisory official to whom a FOIA 

requester can raise concerns about the 

service the FOIA requester has received 

from the CEQ FOIA Center, described in 

Section 1515.5(a), following an initial 

response from the staff of the CEQ FOIA 

Center staff. The FOIA Public Liaison 

shall assist, as appropriate, in reducing 

delays and increasing understanding of 

the status of requests. The Chief FOIA 

officer shall also designate a CEQ FOIA 

Officer responsible for overseeing CEQ’s 

day-to-day administration of the FOIA 

and for receiving, routing, and 

overseeing the processing of all FOIA 

requests. 

Procedures for Requesting Records 

§ 1515.5 Making a Freedom of 

Information Act request. 

(a) Availability of records. The 

Council maintains a World Wide Web 

site, http://www.whitehouse.gov/ 

administration/eop/ceq, and an online 

Freedom of Information Act Requester 

Service Center (‘‘Center’’), http:// 

www.whitehouse.gov/administration/ 

eop/ceq/foia. From the Center, a 

requester can find contact information 

regarding the CEQ’s FOIA Public 

Liaison, as defined in Section 1515.4(b), 

and access CEQ’s Online Reading Room 

where CEQ makes available records 

pertaining to matters within the scope of 

5 U.S.C. 552(a)(2), as amended, and 

environmental issues and other 

documents that, because of the nature of 

their subject matter, are likely to be the 

subject of FOIA requests. To save both 

time and money, CEQ strongly urges 

requesters to review documents 

currently available from the Center’s 

Online Reading Room before submitting 

a request. 

(b) Requesting information from the 

Council. (1) Requesters must make a 

Freedom of Information Act request in 

writing. For quickest possible handling, 

it should be sent via e-mail to: 

efoia@ceq.eop.gov and must include in 

the subject line of the e-mail message: 

‘‘Freedom of Information Act Request.’’ 

Written requests may also be faxed to 

(202) 456–0753 or addressed and mailed 

to: Council on Environmental Quality, 

Executive Office of the President, 722 

Jackson Place NW., Washington, DC 

20503. Requesters should mark both the 

request letter and the envelope 

‘‘Freedom of Information Act Request’’ 

and include their name, address, and 

sufficient contact information to allow 

follow up regarding the scope and status 

of your request. 

(2) The request should identify or 

reasonably describe the desired record. 


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It should be as specific as possible, so 

that the item can be readily found. 

Blanket requests, such as requests for 

‘‘all materials relating to’’ a specified 

subject are not recommended. 

Requesters should specify the preferred 

form or format (including electronic 

format) for the response. CEQ will 

accommodate such requests, if the 

record is readily reproducible in that 

form or format. Please be aware that 

FOIA requests and responses may 

themselves be made available for public 

inspection. 

(3) The CEQ FOIA Officer is 

responsible for acting on all initial 

requests; however, he or she may 

consult and refer, pursuant to Section 

552(a)(6)(B)(iii)(III) of the FOIA, with 

another agency if he or she determines 

that that agency is better able to act on 

the request. Whenever the CEQ FOIA 

Officer refers all or any part of the 

responsibility for responding to a 

request to another agency, he or she will 

notify the requester of the referral, the 

name of the agency and agency official 

to whom it has been referred, and which 

portion of the request has been referred. 

Unless a request is deemed ‘‘expedited’’ 

as set forth in Section 1515.7 below, the 

CEQ FOIA Officer will respond to 

requests in order of receipt. CEQ may 

use two or more processing tracks by 

distinguishing between simple and 

more complex requests based on the 

amount of time and work needed to 

process the request. CEQ may provide 

requesters on a slower track an 

opportunity to limit the scope of their 

request in order to qualify for faster 

processing. 

(4) The Council will make a 

reasonable effort to assist with defining 

the request to eliminate extraneous and 

unwanted materials and to keep search 

and copying fees to a minimum. If 

budgetary constraints exist, the 

requester should indicate the maximum 

fee he or she is prepared to pay to 

acquire the information. (See also 

§ 1515.11) 

(5) The Freedom of Information Act 

does not require a government agency to 

create or research information; rather, it 

only requires that existing records be 

made available to the public. 

§ 1515.6 CEQ’s response to a request. 

(a) Upon receipt of any written 

request for information or records, 

under the Act, the CEQ FOIA Officer or 

his or her designee, will make an initial 

determination on the request within 20 

days (excepting Saturdays, Sundays and 

Federal holidays) from the date CEQ 

receives the request unless unusual or 

exceptional circumstances exist. The 

CEQ FOIA Officer will provide written 

notification of the determination, 

including, if applicable, notification that 

the request has been referred to another 

agency for consultation as set forth 

above in § 1515.5(b)(3). CEQ may make 

one request to the requester for 

information and toll the 20-day period 

while it is awaiting such information 

that it has reasonably requested from the 

requester. It may also toll the 20-day 

period if necessary to clarify with the 

requester issues regarding fee 

assessment. In either case, CEQ’s receipt 

of the requester’s response to its request 

for information or clarification ends the 

tolling period. 

(b) Requests received by the CEQ 

FOIA Officer or his or her designee will 

be assigned an individualized tracking 

number if they will take more than 10 

days to process. Requesters may call the 

FOIA Public Liaison at (202) 456–6224 

and, using the tracking number, obtain 

information about the request, including 

the date on which CEQ originally 

received the request and an estimated 

date on which CEQ will complete action 

on the request. 

(c) If it is appropriate to grant the 

request, a staff member will 

immediately collect the requested 

materials in order to accompany, 

wherever possible, the Freedom of 

Information Officer’s letter conveying 

decision. 

(d) If a request is denied in part or in 

full, the letter conveying the decision 

will be signed by the CEQ FOIA Officer, 

and will include: The reasons for any 

denial, including any FOIA 

exemption(s) applied by the FOIA 

Officer in denying the request; an 

estimate of the volume of records or 

information withheld, in number of 

pages or in some other reasonable form 

of estimation. This estimate does not 

need to be provided, if the volume is 

otherwise indicated through exemptions 

on records disclosed in part or, if 

providing an estimate would harm an 

interest protected by an applicable 

exemption; and the procedure for filing 

an appeal. 

§ 1515.7 Expedited processing. 

(a) Requests and appeals will be taken 

out of order and given expedited 

treatment whenever it is determined 

that they involve: 

(1) Circumstances in which the lack of 

expedited treatment could reasonably be 

expected to pose an imminent threat to 

the life or physical safety of an 

individual; or 

(2) An urgency to inform the public 

about an actual or alleged Federal 

Government activity, if made by a 

person primarily engaged in 

disseminating information. 

(b) A request for expedited processing 

may be made at the time of the initial 

request for records or at any later time. 

(c) A requester who seeks expedited 

processing must submit a written 

statement, certified to be true and 

correct to the best of that person’s 

knowledge and belief, explaining in 

detail the basis for requesting expedited 

processing. For example, a requester 

within the category described in 

paragraph (a)(2) of this section, if not a 

full-time member of the news media, 

must establish that he or she is a person 

whose main professional activity or 

occupation is information 

dissemination, though it need not be his 

or her sole occupation. A requester 

within the category (a)(2) of this section 

must also establish a particular urgency 

to inform the public about the 

government activity involved in the 

request, beyond the public’s right to 

know about government activity 

generally. Formal certification may be 

waived as a matter of administrative 

discretion. 

(d) Within 10 days of its receipt of a 

request for expedited processing, the 

CEQ FOIA Officer will decide whether 

to grant it and will notify the requester 

of the decision. If a request for 

expedited treatment is granted, the 

request will be placed in the expedited 

processing track, given priority, and 

processed as soon as practicable. If a 

request for expedited processing is 

denied, any appeal of that decision will 

be acted on expeditiously. 

§ 1515.8 Appeals. 

(a) The requester may appeal an 

adverse determination, in any respect, 

to the CEQ FOIA Appeals Officer. Any 

appeal must be received by CEQ within 

60 days of the date on the CEQ letter 

denying the request. 

(b) Appeals must be in writing and 

may be sent via e-mail to: 

efoia@ceq.eop.gov. They may also be 

sent via facsimile to: (202) 456–0753 or 

via U.S. mail addressed to: FOIA 

Appeals Officer, Council on 

Environmental Quality, Executive Office 

of the President, 722 Jackson Place NW., 

Washington, DC 20503. 

(c) The appeal letter should specify 

the records requested and ask the 

Appeals Officer to review the 

determination made by the Freedom of 

Information Officer. The letter should 

explain the basis for the appeal. 

(d) The Appeals Officer will make a 

final determination on an appeal within 

20 working days (excepting Saturdays, 

Sundays and Federal holidays) from the 

date CEQ receives the appeal. The 

Appeals Officer (or designee) will send 

a letter to the requester conveying the 


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decision as soon as it is made. If an 

appeal is denied, in part or in whole, 

the letter will also include the 

provisions for judicial review. 

§ 1515.9 Extending CEQ’s time to 

respond. 

(a) In unusual circumstances as 

defined in paragraph (c) of this section, 

the time limits for responding to a 

request (§§ 1515.6(a) and 1515.8(d)) may 

be extended by the Council for not more 

than 10 working days. Extensions may 

be granted by the CEQ FOIA Officer in 

the case of initial requests and by the 

Appeals Officer in the case of any 

appeals. The extension period may be 

split between the initial request and the 

appeal but may not exceed 10 working 

days overall. Extensions will be 

confirmed in writing and set forth the 

reasons for the extension and the date 

that the final determination is expected. 

(b) With respect to a request for which 

a written notice under this section 

extends the time limits prescribed under 

§ 1515.6(a), the CEQ FOIA Officer will 

notify the requester, if the request 

cannot be processed within the time 

limit specified in § 1515.6(a) and 

provide an opportunity to limit the 

scope of the request, so that it may be 

processed within that time limit or an 

opportunity to arrange an alternative 

time frame for processing the request or 

a modified request. A requester’s refusal 

to reasonably modify the request or 

arrange such an alternative time frame 

will be considered as a factor in 

determining whether exceptional 

circumstances exist for purposes of 5 

U.S.C. 552(a)(6)(C). When CEQ 

reasonably believes that a requester, or 

a group of requesters, has submitted a 

request constituting a single request that 

would otherwise satisfy the unusual 

circumstances specified under this 

section, CEQ may aggregate those 

requests for purposes of this paragraph. 

Multiple requests involving unrelated 

matters will not be aggregated. 

(c) The term ‘‘unusual circumstances’’ 

means: 

(1) The need to search for and collect 

the requested records from 

establishments that are separate from 

the office processing the request; 

(2) The need to search for, collect, and 

appropriately examine a voluminous 

amount of separate and distinct records 

which are demanded in a single request; 

or 

(3) The need for consultation, which 

will be conducted with all practicable 

speed, with another agency having a 

substantial interest in the determination 

of the request or among two or more 

components of the agency having 

substantial subject-matter interest 

therein. 

Availability of Information 

§ 1515.10 Obtaining available 

information. 

(a) When a request for information has 

been granted in whole or in part, CEQ 

will notify the requester in writing, 

inform the requester in the notice of any 

fee charged under § 1515.11 and will 

disclose records to the requester 

promptly on payment of any applicable 

fees. The requested material may be 

made available on CEQ’s Online FOIA 

Center, http://www.whitehouse.gov/ 

administration/eop/ceq/foia, and also in 

the form or format requested if the 

record is readily reproducible in that 

form or format with reasonable effort. 

When a form or format of the response 

is not requested, CEQ will respond in 

the form or format in which the 

document is most accessible to CEQ. 

‘‘Readily reproducible’’ means, with 

respect to electronic format, that the 

requested record or records can be 

downloaded or transferred intact to a 

computer disk or other electronic 

medium using equipment currently in 

use by CEQ. 

(b) Records disclosed in part will be 

marked or annotated to show 

information deleted, unless doing so 

would harm an interest protected by an 

applicable exemption. The location of 

the information deleted will also be 

indicated in the record, if technically 

feasible. 

(c) The legislative history of the 

establishment of CEQ states that the 

Congress intended CEQ to be a 

confidential advisor to the President on 

matters of environmental policy. 

Therefore, members of the public 

should be aware that communications 

between CEQ and the President 

(including communications between 

their staff) may be confidential; they 

will usually fall, at a minimum, within 

Exemption 5 of the Act. The Freedom of 

Information Officer shall review each 

request to determine whether the record 

is exclusively factual or may have 

factual portions which may be 

reasonably segregated and made 

available to the requester. Furthermore, 

on the recommendation of the CEQ 

FOIA Officer or Appeals Officer, CEQ 

will consider the release of an entire 

record, even if it comes within an 

exemption or contains policy advice, if 

its disclosure would not impair 

Executive policymaking processes or 

CEQ’s participation in decisionmaking. 

Costs 

1515.11 Definitions. 

For purposes of these regulations: 

Commercial use request means a 

request from or on behalf of a person 

who seeks information for a use or 

purpose that furthers the requester’s or 

other person’s commercial, trade, or 

profit interests. 

Direct costs means those costs 

incurred in searching for and 

duplicating (and, in the case of 

commercial use requests, reviewing) 

documents to respond to a FOIA 

request. Direct costs include, for 

example, salaries of employees who 

perform the work and costs of 

conducting large-scale computer 

searches. 

Duplicate means to copy records to be 

released to the FOIA requester. Copies 

can take the form of paper, audio-visual 

materials, or electronic records, among 

others. 

Educational institution means a 

school that operates a program of 

scholarly research. 

Non-commercial scientific institution 

means an institution that is not operated 

on a commercial basis and that operates 

solely for the purpose of conducting 

scientific research the results of which 

are not intended to promote any 

particular product or industry. 

Representative of the news media 

means any person or entity that 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. 

Review means to examine a record to 

determine whether any portion of the 

record may be withheld and to process 

a record for disclosure, including by 

redacting it. 

Search means to look for and retrieve 

records covered by a FOIA request, 

including by looking page-by-page or 

line-by-line to identify responsive 

material within individual records. 

§ 1515.12 Fees in general. 

CEQ shall charge fees that recoup the 

full allowable direct costs it incurs in 

responding to FOIA requests. CEQ may 

assess charges for time spent searching 

for records even if CEQ fails to locate 

the records or if the records are located 

and determined to be exempt from 

disclosure. In general, CEQ shall apply 

the following fee schedule, subject to 

§§ 1515.13 through 1515.15: 

(a) Manual searches. Time devoted to 

manual searches shall be charged on the 

basis of the salary of the employee(s) 

conducting the search (basic hourly 


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Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Rules and Regulations 48593 

rate(s) of pay for the employee(s), plus 

16 percent). 

(b) Electronic searches. Fees shall 

reflect the direct cost of conducting the 

search. This will include the cost of 

operating the central processing unit for 

that portion of operating time that is 

directly attributable to searching for and 

printing records responsive to the FOIA 

request and operator/programmer salary 

attributable to the search. 

(c) Record reviews. Time devoted to 

reviewing records shall be charged on 

the same basis as under paragraph (a) of 

this section, but shall only be applicable 

to the review of records located in 

response to commercial use requests. 

(d) Duplication. Fees for copying 

paper records or for printing electronic 

records shall be assessed at a rate of $.15 

per page. For other types of copies such 

as disks or audio visual tapes, CEQ shall 

charge the direct cost of producing the 

document(s). If total costs are expected 

to exceed $25, the FOIA Officer shall 

provide the requester with an estimate 

in writing and, in return, obtain from 

the requester a commitment to pay the 

estimated fee. This does not apply if the 

requester has indicated in advance a 

willingness to pay fees as high as those 

anticipated. If a requester wishes to 

limit costs, the FOIA Officer shall 

provide the requester an opportunity to 

reformulate the request in order to 

reduce costs. If the requester 

reformulates a request, it shall be 

considered a new request and the 20- 

day period described in § 1515.6(a) shall 

be deemed to begin when the FOIA 

Officer receives the request. 

(e)(1) Advance payments required. 

The FOIA Officer may require a 

requester to make an advance deposit of 

up to the amount of the entire 

anticipated fee before the FOIA Officer 

begins to process the request if: 

(i) The FOIA Officer estimates that the 

fee will exceed $250; or 

(ii) The requester has previously 

failed to pay a fee in a timely fashion. 

(2) When the FOIA Officer requires a 

requester to make an advance payment, 

the 20-day period described in 

§ 1515.6(a) shall begin when the FOIA 

Officer receives the payment. 

(f) No assessment of fee. CEQ shall 

not charge a fee to any requester if: 

(1) The cost of collecting the fee 

would be equal to or greater than the fee 

itself; or 

(2) After the effective date of these 

regulations CEQ fails to comply with a 

time limit under the Freedom of 

Information Act for responding to the 

request for records where no unusual or 

exceptional circumstances apply. 

§ 1515.13 Fees for categories of 

requesters. 

CEQ shall assess fees for certain 

categories of requesters as follows: 

(a) Commercial use requesters. In 

responding to commercial use requests, 

CEQ shall assess fees that recover the 

full direct costs of searching for, 

reviewing, and duplicating records. 

(b) Educational and non-commercial 

scientific institutions. CEQ shall provide 

records to requesters in this category for 

the cost of duplication alone, excluding 

charges for the first 100 pages. To 

qualify for inclusion in this fee category, 

a requester 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 

scholarly research, not an individual 

goal. 

(c) Representatives of the news media. 

CEQ shall provide records to requesters 

in this category for the cost of 

duplication alone, excluding charges for 

the first 100 pages. 

(d) All other requesters. CEQ shall 

charge requesters who do not fall within 

paragraphs (a) through (c) of this section 

fees that recover the full direct cost of 

searching for and duplicating records, 

excluding charges for the first 100 pages 

of reproduction and the first two hours 

of search time. 

§ 1515.14 Other charges. 

CEQ may apply other charges, 

including the following: 

(a) Special charges. CEQ shall recover 

the full cost of providing special 

services, such as sending records by 

express mail, to the extent that CEQ 

elects to provide them in that manner. 

(b) Interest charges. CEQ may begin 

assessing interest charges on an unpaid 

bill starting on the 31st day following 

the day on which the FOIA Officer sent 

the billing. Interest shall be charged at 

the rate prescribed in 31 U.S.C. 3717 

and will accrue from the date of billing. 

(c) Aggregating requests. When the 

FOIA Officer reasonably believes that a 

requester or a group of requesters acting 

in concert is attempting to divide a 

request into a series of requests for the 

purpose of avoiding fees, the FOIA 

Officer shall aggregate those requests 

and charge accordingly. 

§ 1515.15 Payment and waiver. 

(a) Remittances. Payment shall be 

made in the form of check or money 

order made payable to the Treasury of 

the United States. At the time the FOIA 

Officer notifies a requester of the 

applicable fees, the Officer shall inform 

the requester of where to send the 

payment. 

(b) Waiver of fees. CEQ may waive all 

or part of any fee provided for in 

§§ 1515.12 and 1515.13 when the FOIA 

Officer deems that disclosure of the 

information is in the general public’s 

interest because it is likely to contribute 

significantly to public understanding of 

the operations or activities of the 

government and is not primarily in the 

commercial interest of the requester. In 

determining whether a fee should be 

waived, the FOIA Officer may consider 

whether: 

(1) The subject matter specifically 

concerns identifiable operations or 

activities of the government; 

(2) The information is already in the 

public domain; 

(3) Disclosure of the information 

would contribute to the understanding 

of the public-at-large as opposed to a 

narrow segment of the population; 

(4) Disclosure of the information 

would significantly enhance the 

public’s understanding of the subject 

matter; 

(5) Disclosure of the information 

would further a commercial interest of 

the requester; and 

(6) The public’s interest is greater 

than any commercial interest of the 

requester. 

§ 1515.16 Other rights and services. 

Nothing in this subpart will 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. 

§§ 1515.17–1515.19 [Reserved] 

Dated: August 5, 2010. 

Nancy H. Sutley, 

Chair, Council on Environmental Quality. 

[FR Doc. 2010–19841 Filed 8–10–10; 8:45 am] 

BILLING CODE 3125–W0–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 192, 193, and 195 

[Docket No. PHMSA–2008–0301; Amdt. Nos. 

192–114; 193–22; 195–94) 

RIN 2137–AE41 

Pipeline Safety: Periodic Updates of 

Regulatory References to Technical 

Standards and Miscellaneous Edits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: Final rule. 


srobinson on DSKHWCL6B1PROD with RULES