[Federal Register Volume 69, Number 189 (Thursday, September 30, 2004)]
[Rules and Regulations]
[Pages 58323-58335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21789]


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DEPARTMENT OF THE INTERIOR

43 CFR Part 2

RIN 1090-AA61


Revision of the Freedom of Information Act Regulations and 
Implementation of the Electronic Freedom of Information Act Amendments 
of 1996

AGENCY: Department of the Interior.

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ACTION: Final Rule; correcting amendments.

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SUMMARY: In the October 21, 2002, Federal Register, the Department of 
the Interior (DOI) revised its regulations implementing the Freedom of 
Information Act (FOIA). This amendment adds four offices under the 
Office of Hearings and Appeals (OHA) that were inadvertently omitted in 
Appendix A, which provides a list of the Department's FOIA resources. 
This amendment also adds the requirement that bureaus notify requesters 
of their appeal rights when referring documents to another agency for a 
release determination, which was inadvertently omitted from section 
2.22(b)(2), and makes several other editorial changes.

DATES: Effective on September 30, 2004.

FOR FURTHER INFORMATION CONTACT: Alexandra Mallus, Departmental FOIA 
Officer, Office of the Chief Information Officer, 1849 C Street, NW., 
MS-5312-MIB, Washington, DC 20240, telephone 202-208-5342.

SUPPLEMENTARY INFORMATION: The Department of the Interior published a 
final rule in the Federal Register on October 21, 2002, revising its 
regulations implementing the FOIA, 43 CFR Part 2. Four offices under 
the OHA were inadvertently omitted in Appendix A and the addresses for 
OHA's reading rooms located in Arlington, Virginia, and the Minnesota 
State Office, as well as the telephone number for the New Mexico State 
Office, were incorrect. The Arizona, Montana, North Dakota, and South 
Dakota State Offices have been added to Appendix A and the above-cited 
addresses and telephone number have now been corrected. Appendix A also 
has been updated to reflect other changes in the contact information 
that have occurred since October 21, 2002.
    When the regulations were published in October 2002, the reference 
to OMB Circular A-110 in Sec.  2.25 was inadvertently omitted. A 
correction has been made to clarify that, in accordance with OMB 
Circular A-110, the requirements of Sec.  2.25 apply only to grants and 
Federal assistance awarded to institutions of higher education, public 
and private hospitals, and other quasi-public and private nonprofit 
organizations. They do not apply to those entities covered by OMB 
Circular A-102.
    In addition, in Sec.  2.22(b)(2), the requirement that bureaus 
notify requesters of their appeal rights when referring documents 
located in DOI's files to another agency for a release determination 
was inadvertently omitted. Section 2.22(b)(2) has been revised to 
include this requirement. Also, in Sec.  2.17(c), the table summarizing 
the chargeable fees for each category of requester is being reprinted 
for clarity. Editorial changes have been made in Sec. Sec.  2.18 and 
2.23 to correct the references cited and typographical errors.

Administrative Procedure Act

    This rule updates the Code of Federal Regulations to include 
accurate information about how to file requests under the FOIA. Because 
this rule corrects errors and omissions from the rule as originally 
published, and because this rule makes no substantive changes to the 
existing requirements, publishing a proposed rule and requesting public 
comments would delay public access to accurate information. Likewise, 
delaying the effective date would postpone public access to accurate 
information without serving any higher purpose. For these reasons, we 
find that:
    (1) Notice and public comment on these corrections are 
impracticable, unnecessary, and contrary to the public interest. As 
allowed by 5 U.S.C. 553(b), we are not publishing a proposed rule.
    (2) Good cause exists for making this rule effective immediately 
upon publication under 5 U.S.C. 553(d)(3).

List of Subjects in 43 CFR Part 2

    Administrative practice and procedure, Classified information, 
Courts, Freedom of information, Government employees, Privacy.

0
For the reasons set forth in the preamble, the Department is amending 
43 CFR Part 2 as set forth below:

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

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

    Authority: 5 U.S.C. 301, 552 and 552a; 31 U.S.C. 9701 and 43 
U.S.C. 1460-1461. Appendix F to Part 2 also is issued under 30 
U.S.C. 201-209; 30 U.S.C. 351-360.

0
2. In paragraph (c) of Sec.  2.17, the table is revised to read as 
follows:


Sec.  2.17  How will my requester category affect the fees that I am 
charged?

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
          Category                    Search fees                 Review fees              Duplication fees
----------------------------------------------------------------------------------------------------------------
Commercial Use..............  Yes.......................  Yes.......................  Yes.
Educational Institution.....  No........................  No........................  Yes (100 pages free).
Non-Commercial Sciencific     No........................  No........................  Yes (100 pages free).
 Institution.
News Media..................  No........................  No........................  Yes (100 pages free).
All other...................  Yes (2 hours free)........  No........................  Yes (100 pages free).
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* * * * *

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3. In Sec.  2.18, paragraph (g) is revised to read as follows:


Sec.  2.18  How are fees assessed and collected?

* * * * *
    (g) Failure to pay fees. The bill for collection or the response 
letter will include a statement that interest will be charged in 
accordance with 31 U.S.C. 3717 and implementing regulations, if the 
fees are not paid within 30 calendar days of the date of the bill. This 
requirement does not apply if the requester is a State, local, or 
tribal government. The Debt Collection Improvement Act of 1996 will be 
used, as appropriate, to collect the fees (see Public Law 104-134).
* * * * *

0
4. In Sec.  2.22, paragraph (b)(2) introductory text is revised to read 
as follows:


Sec.  2.22  What happens if a bureau receives a request for records it 
does not have or did not create?

* * * * *
    (b) * * *
    (2) If, in response to a request, a bureau locates documents that 
originated with another Federal agency, it will refer the request, 
along with any responsive document(s), to that agency for a release 
determination and direct response. If the bureau refers the documents 
to another agency, it will notify you of the referral in writing and 
provide the name of a contact at the other agency. You may treat such a 
response as a denial of records and file an appeal. However, in the 
following situations, the bureau will make the release determination, 
after consulting with the originating agency.
* * * * *

[[Page 58325]]


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5. In Sec.  2.23, paragraphs (d) and (e)(3) are revised to read as 
follows:


Sec.  2.23  How will a bureau handle a request for commercial or 
financial information that it has obtained from a person or entity 
outside the Federal Government?

* * * * *
    (d) Whenever a bureau notifies a submitter that it may be required 
to disclose information in response to a FOIA request, the bureau also 
will notify you that it is giving the submitter an opportunity to 
review and comment on the material.
    (e) * * *
    (3) If not already provided, a telephone number (where the 
submitter can be reached during normal business hours), an e-mail 
address, and a fax number (if available) is important information that 
will help the bureau or Department communicate with the submitter.
* * * * *

0
6. The introductory text of Sec.  2.25 is revised to read as follows:


Sec.  2.25  How will a bureau handle a request for Federally-funded 
research data in the possession of a private entity?

    In accordance with OMB Circular A-110, when published research 
findings are produced under a grant or other Federal assistance awarded 
to institutions of higher education, public and private hospitals, and 
other quasi-public and private nonprofit organizations, and the 
findings are used by a bureau in developing an agency action, e.g., a 
policy or regulation, research data related to such findings are 
considered agency records. This applies even if the bureau's data are 
in the possession of the recipient of the Federal financial assistance 
(recipient).
* * * * *

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7. Appendix A is revised to read as follows:

Appendix A to Part 2--Department of the Interior FOIA/Public Affairs 
Contacts and Reading Rooms

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    Note: For more information on FOIA, including the most current 
listing of FOIA Contacts, visit DOI's FOIA home page at http://www.doi.gov/foia/.


    Dated: September 21, 2004.
P. Lynn Scarlett,
Assistant Secretary--Policy, Management and Budget.
[FR Doc. 04-21789 Filed 9-29-04; 8:45 am]
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