[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Proposed Rules]
[Pages 67175-67180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27561]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 2

[Docket No. DOI-2018-0017]
RIN 1093-AA26


Freedom of Information Act Regulations

AGENCY: Office of the Secretary, Interior.

ACTION: Proposed rule.

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SUMMARY: This rule would revise the regulations that the Department of 
the Interior (Department) follows in processing records under the 
Freedom of Information Act. The revisions clarify and update procedures 
for requesting information from the Department and procedures that the 
Department follows in responding to requests from the public.

DATES: Comments on the rulemaking must be submitted on or before 
January 28, 2019.

ADDRESSES: You may submit comments on the rulemaking by either of the 
methods listed below. Please use Docket No. DOI-2018-0017 in your 
message.
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions on the website for submitting comments.
    2. U.S. mail, courier, or hand delivery: Executive Secretariat--
FOIA regulations, Department of the Interior, 1849 C Street NW, 
Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Cindy Cafaro, Office of Executive 
Secretariat and Regulatory Affairs, 202-208-5342.

SUPPLEMENTARY INFORMATION:

I. Why We Are Publishing This Rule and What it Does

    In late 2012, the Department published a final rule updating and 
replacing the Department's previous Freedom of Information Act (FOIA) 
regulations. In early 2016, the Department updated that final rule,

[[Page 67176]]

primarily to authorize the Office of Inspector General (OIG) to process 
its own FOIA appeals. In late 2016, the Department updated that final 
rule again, primarily in response to the mid-year enactment of the FOIA 
Improvement Act of 2016. The Department is fully committed to an 
equitable FOIA program that ensures compliance with the statutory 
requirements of transparency, accountability, and prompt production. In 
light of the unprecedented surge in FOIA requests and litigation 
(discussed further below), the Department has determined the following 
changes are necessary to best serve our customers and comply with the 
FOIA as efficiently, equitably, and completely as possible.
    Exponential increases in requests and litigation have made updates 
to these regulations a priority. From Fiscal Year (FY) 2016 to FY 2018, 
incoming FOIA requests to the Department increased 30 percent (from 
6,428 to over 8,350). Some bureaus and offices have been hit especially 
hard. The Office of the Secretary (OS) FOIA Office, for example, has 
received a 210 percent increase from FY 2016. The Department's attempts 
to respond accurately, completely, and in a timely manner to every 
request have been further hindered by the dramatic increase in 
litigation, particularly over agency non-response to initial FOIA 
requests. For example, at the close of FY 2018 the Department had 129 
active FOIA cases in litigation (39 in OS alone) compared to just 6 
cases in litigation in total at the close of FY 2015 and 30 cases in 
litigation in total at the end of FY 2016. The Department processed 
over 6,900 requests in FY 2018, compared to 6,437 in FY 2016. Despite 
the increased production, the Department's backlog of requests without 
at least a partial response has also increased. The Department's FOIA 
processing therefore must be more efficient if the Department is to 
meet its statutory obligations.
    Because of this background, the structure of the Department's FOIA 
program and FOIA Public Liaison function is changing. Additionally, 
FOIA case law continues to evolve and the Department of Justice has 
recently issued guidance on The Importance of Quality Requester 
Services: Roles and Responsibilities of FOIA Requester Service Centers 
and FOIA Public Liaisons. In light of these factors, the Department is 
proposing to make the following changes to its FOIA regulations:
    <bullet> Section 2.2 would be amended to reflect the changing 
structure of the Department's FOIA program.
    <bullet> Section 2.3 would be amended to streamline the FOIA 
submission process in order to help the Department inform requesters 
and/or focus on meeting its statutory obligations.
    <bullet> Section 2.3, 2.5, 2.19, 2.21, 2.37, 2.49, and 2.66 would 
be amended to reflect the changed structure of the Department's Public 
Liaison function and/or clarify the role of FOIA Requester Centers.
    <bullet> Section 2.4 and 2.17 would be amended to eliminate the 
obligation to forward requests to another bureau or component in order 
to help the Department focus on meeting its statutory obligations. 
Instead, the bureau will respond to the request as appropriate and 
inform the requester of the availability of the FOIA Requester Centers 
for further assistance.
    <bullet> Section 2.5, and 2.70 would be amended to streamline and/
or clarify what the requester may receive and how they may ask for it 
in order to help the Department inform requesters and/or focus on 
meeting its statutory obligations.
    <bullet> Section 2.6, 2.45, 2.48, 2.49, 2.54, and 2.70 would be 
amended to streamline and/or clarify issues involving fees in order to 
help the Department inform requesters and/or focus on meeting its 
statutory obligations.
    <bullet> Section 2.12 and 2.13 would be amended to streamline and/
or clarify the Department's consultation and referral process in order 
to help the Department inform requesters and focus on meeting its 
statutory obligations.
    <bullet> Section 2.14, 2.15, and 2.20 would be amended to 
streamline and/or clarify the Department's multitrack processing 
provisions in order to help the Department inform requesters and focus 
on meeting its statutory obligations. Section 2.27 and 2.29 would be 
amended to streamline and/or clarify the Department's submitter 
notification provisions in order to help the Department inform 
submitters and requesters and focus on meeting its statutory 
obligations.
    <bullet> Section 2.16, 2.18, 2.19, 2.28, 2.37, 2.51, 2.57, 2.58, 
2.59, and 2.62 would be amended to replace a single word.
    <bullet> Section 2.18 and 2.47 would be amended for technical 
clarifications.
    <bullet> Section 2.20, 2.23 and 2.24 would be amended to adjust the 
role of the Department's Office of the Solicitor in order to ensure 
legal input is required when it is most equitable and effective.

II. Compliance With Laws and Executive Orders

1. Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs will review all significant rules. 
The Office of Information and Regulatory Affairs has determined that 
this rule is not significant.
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

2. Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

3. Small Business Regulatory Enforcement Fairness Act

    This is not a major rule under 5 U.S.C. 804(2), the Small Business 
Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

4. Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. This rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector. A statement 
containing the information

[[Page 67177]]

required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is 
not required.

5. Takings (E.O. 12630)

    In accordance with E.O. 12630, this rule does not have significant 
takings implications. A takings implication assessment is not required.

6. Federalism (E.O. 13132)

    In accordance with E.O. 13132, this rule does not have sufficient 
federalism implications to warrant the preparation of a federalism 
summary impact statement. It would not substantially and directly 
affect the relationship between the Federal and state governments. A 
federalism summary impact statement is not required.

7. Civil Justice Reform (E.O. 12988)

    In accordance with E.O. 12988, the Office of the Solicitor has 
determined that this rule does not unduly burden the judicial system 
and meets the requirements of sections 3(a) and 3(b)(2) of the 
Executive Order.

8. Consultation With Indian Tribes (E.O. 13175)

    Under the criteria in E.O. 13175, we have evaluated this rule and 
determined that it has no potential effects on federally recognized 
Indian tribes. This rule does not have tribal implications that impose 
substantial direct compliance costs on Indian Tribal governments.

9. Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget under the Paperwork 
Reduction Act is not required.

10. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required. Pursuant to Department Manual 516 DM 2.3A(2), Section 1.10 of 
516 DM 2, Appendix 1 excludes from documentation in an environmental 
assessment or impact statement ``policies, directives, regulations and 
guidelines of an administrative, financial, legal, technical or 
procedural nature; or the environmental effects of which are too broad, 
speculative or conjectural to lend themselves to meaningful analysis 
and will be subject late to the NEPA process, either collectively or 
case-by-case.''

11. Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in E.O. 13211. A Statement of Energy Effects is not required. This rule 
will not have a significant effect on the nation's energy supply, 
distribution, or use.

12. Clarity of This Regulation

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.

13. Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 43 CFR Part 2

    Freedom of information.

    For the reasons stated in the preamble, the Department of the 
Interior proposes to amend part 2 of title 43 of the Code of Federal 
Regulations as follows:

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

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

    Authority: 5 U.S.C. 301, 552, 552a, 553; 31 U.S.C. 3717; 43 
U.S.C. 1460, 1461.

Subpart A--Introduction


Sec.  2.2  [Amended]

0
2. In Sec.  2.2, remove the words ``Office of the Solicitor'' and 
adding in its place ``Deputy Chief FOIA Officer''.

Subpart B--How To Make a Request


Sec.  2.3  [Amended]

0
3. Amend Sec.  2.3 by:
0
a. Adding in paragraph (b), to the end of the sentence the words: ``by 
utilizing the electronic portals listed on the Department's FOIA 
website, https://www.doi.gov/foia, or utilizing physical addresses of 
the appropriate bureau FOIA Officer or other appropriate FOIA contact, 
located at http://www.doi.gov/foia/contacts''
0
b. Removing paragraph (c).
0
c. Redesignating paragraph (d), as paragraph (c), and removing the 
words ``FOIA Public Liaison'' and adding in its place ``FOIA Requester 
Center''.


Sec.  2.4  [Amended]

0
4. Amend Sec.  2.4 by:
0
a. In paragraph (a), after the words ``a particular'' adding the words 
``bureau or a particular''; after the words ``that particular'' adding 
the words ``bureau or particular''. At the end of the paragraph adding 
the words ``and will not be forwarded to another bureau or component''.
0
b. Removing paragraphs (e) and (f).


Sec.  2.5  [Amended]

0
5. In Sec.  2.5:
0
a. In paragraph (a), after the word ``effort'', add the following 
phrase ``and identify the discrete, identifiable agency activity, 
operation, or program in which you are interested''.
0
b. In paragraph (c), remove the phrase ``FOIA Public Liaison'' and add 
in its place ``FOIA Requester Center''.
0
c. Revise paragraph (d).
0
d. Add paragraph (e).
    The revision and addition read as follows:


Sec.  2.5  How should you describe the records you seek?

* * * * *
    (d) You must describe the records you seek sufficiently to enable a 
professional employee familiar with the subject to locate the documents 
with a reasonable effort. Extremely broad or vague requests or requests 
requiring research do not satisfy this requirement. The bureau will not 
honor a request that requires an unreasonably burdensome search or 
requires the bureau to locate, review, redact, or arrange for 
inspection of a vast quantity of material.
    (e) If the bureau determines that your request does not reasonably 
describe the

[[Page 67178]]

records sought, the bureau will return the request to you; notify you 
that it will not be able to comply with your request unless you 
sufficiently clarify your request, in writing, within 20 workdays; 
notify you that you may appeal its determination that your request does 
not reasonably describe the records sought; and inform you, when 
practicable, what additional information you need to provide in order 
to reasonably describe the records that you seek so the requested 
records can be located with a reasonable amount of effort. If you 
receive this type of notification, you may wish to discuss it with the 
bureau's designated FOIA contact or FOIA Requester Center (see Sec.  
2.66 of this part). If the bureau does not receive your written 
response containing the additional information within 20 workdays after 
the bureau has requested it, the bureau will presume that you are no 
longer interested in the records and will close the file on the request


Sec.  2.6  [Amended]

0
 6. In Sec.  2.6 paragraph (f) add the wording ``or a different fee 
category placement'' after ``partial fee waiver''.

Subpart C--Processing Requests


Sec.  2.12  [Amended]

0
7. Revise Sec.  2.12 paragraph (b) to read as follows:
* * * * *
    (d) If a bureau receives a request for records in its possession 
that primarily concern another bureau or a Federal Government agency 
that is subject to FOIA, it may undertake consultations and/or 
referrals as described in Sec.  2.13.
* * * * *


Sec.  2.13  [Amended]

0
8. Revise Sec.  2.13 to read as follows:


Sec.  2.13   How do consultations and referrals work?

    (a) When a bureau (other than the Office of Inspector General) 
locates responsive records that primarily concern another bureau or 
Federal Government agency that is subject to FOIA, the bureau will 
determine whether that bureau or agency would be better able to 
determine whether the record is exempt from disclosure.
    (b) If the bureau processing the request believes that another 
bureau or agency would be better able to determine whether the record 
is exempt from disclosure, the bureau will contact that bureau or 
agency to determine whether it should refer the record to that bureau 
or agency or consult with that bureau or agency.
    (1) If the bureau processing the request refers a record to another 
bureau or agency, that other bureau or agency will respond to you 
directly about that record. If the bureau processing the request 
consults with another bureau or agency, the bureau processing the 
request will respond to you directly.
    (2) If the bureau receives a request for records that another 
agency has classified under any applicable executive order concerning 
record classification, it must refer the request to that agency for 
response.
    (3) Whenever a bureau refers any part of the responsibility for 
responding to a request to another bureau or agency, it will document 
the referral; maintain a copy of the referred record; and notify you of 
the referral, including the name of the bureau or agency to which the 
record was referred and that bureau or agency's FOIA contact 
information.
    (4) If the disclosure of the identity of the agency to which the 
referral would be made could harm an interest protected by an 
applicable exemption, such as the exemption that protects ongoing law 
enforcement investigations, a referral would be inappropriate and the 
bureau will consult with the agency instead.
    (c) When a bureau receives a referral, the bureau will assign the 
referral to the appropriate processing track (see Sec.  2.15 of this 
part) and process it according to the date that the consulting or 
referring bureau or agency received your request (see Sec.  2.14 of 
this part).
    (d) Bureaus may establish written agreements with other bureaus or 
agencies to eliminate the need for consultations or referrals for 
particular types of records.

Subpart D--Timing of Responses to Requests


Sec.  2.14  [Amended]

0
9. In Sec.  2.14, add the following sentence at the end ``The bureau 
may impose a monthly limit for processing records in response to your 
request in order to treat FOIA requesters equitably by responding to a 
greater number of FOIA requests each month.''


Sec.  2.15  [Amended]

0
10. In Sec.  2.15 paragraph (c)(1), (2), (3), and (4) remove the word 
``will'' adding in its place the words ``would generally''; removing in 
paragraph (c)(4) the words ``Exceptional/Voluminous'' and adding in 
their place the word ``Extraordinary''.


Sec.  2.16  [Amended]

0
11. In Sec.  2.16:
0
a. Revise the section heading
0
b. In paragraph (b) remove the word ``limit'' and add in place the word 
``frame''.
    The revision reads as follows:


Sec.  2.16   What is the basic time frame for responding to a request?


Sec.  2.17  [Removed and Reserved]

0
12. Section 2.17 is [Removed and Reserved]''.


Sec.  2.18  [Amended]

0
13. In Sec.  2.18:
0
a. Revise the section heading,
0
b. In paragraph (a) and (b) remove the word ``limit'' adding in its 
place the word ``frame''.
0
c. In In paragraph (b) add the words ``of this part'' after the words 
``in Sec.  2.16''.
    The revision reads as follows:


Sec.  2.18   When can the bureau suspend the basic time frame?


Sec.  2.19  [Amended]

0
14. In Sec.  2.19:
0
a. Revise the heading to read as set out below;
0
b In paragraph (a) and (c) remove the word ``limit'', adding in its 
place ``frame''.
0
c. In paragraph (b)(2), remove the wording ``its FOIA Public Liaison'' 
and adding in its place the wording ``the FOIA Public Liaison''.
    The revision reads as follows:


Sec.  2.19   When may the bureau extend the basic time limit?


Sec.  2.20  [Amended]

0
15. In Sec.  2.20:
0
a. In paragraph, (a)(1) and (2), remove the word ``Where'' and 
capitalize ``Failure'' and ``There'', respectively.
0
b. In Sec.  2.20(a)(2)(iii), remove the wording ``; this ordinarily 
refers to a breaking news story of general public interest''.
0
c. In Sec.  2.20(b)(1), after the word ``how'', add the wording ``all 
elements and subcomponents of'' and after the word ``meets'', add the 
wording ``each element of''.
0
d. In Sec.  2.20(c), add a new second sentence between ``request.'' and 
``When'' that reads as follows: ``Bureaus will consult with the Office 
of the Solicitor before granting expedited processing requests and will 
include in its response to you the name and title of the Office of the 
Solicitor or Office of General Counsel attorney consulted.''

Subpart E--Responses to Requests


Sec.  2.21  [Amended]

0
16. In Sec.  2.21 paragraph (a), remove the wording ``its FOIA Public 
Liaison'',

[[Page 67179]]

adding in its place ``the FOIA Public Liaison''.


Sec.  2.23  [Amended]

0
17. In Sec.  2.23 paragraph (c), removing the word ``record.'' adding 
in its place the wording ``record unless the Office of the Solicitor 
has expressly preapproved such a withholding''.


Sec.  2.24  [Amended]

0
18. In Sec.  2.24 paragraph (b)(4), removing the wording ``unless 
including'' adding in its place the wording ``unless the bureau notes 
that it does not have or could not locate responsive records or that 
including'' in paragraph (b)(5), removing the word ``record'', adding 
in its place the wording ``record unless the Office of the Solicitor 
has expressly preapproved such a withholding''.

Subpart F--Handling Confidential Information


Sec.  2.27  [Amended]

0
19. In Sec.  2.27 paragraph (a), adding the wording ``exercise due 
diligence to'' following the wording ``must''.


Sec.  2.28  [Amended]

0
20. In Sec.  2.28 paragraph (d), removing the wording ``limit'' adding 
in its place ``frame''.


Sec.  2.29  [Amended]

0
21. In Sec.  2.29:
0
a. In paragraph (a), remove the second ``or''.
0
b. In paragraph (b), add the wording ``or prohibited'' after the word 
``required'' and change the existing period to a semicolon and add the 
word ``or'' after the semicolon.
0
c. Add a new paragraph (c).
    The revision and addition read as follows:


Sec.  2.29   When will the bureau not notify a submitter of a request 
for their possibly confidential information?

* * * * *
    (c) The bureau has excised due diligence to notify the submitter, 
but its efforts were unsuccessful.''

Subpart G--Fees


Sec.  2.37  [Amended]

0
22. In Sec.  2.37 paragraph (f) and (f)(2)(i), removing the wording 
``limit'' adding in its place ``frame''; in paragraph (i), removing the 
wording ``FOIA Public Liaison'' adding in its place ``FOIA Requester 
Center''.


Sec.  2.45  [Amended]

0
23. In Sec.  2.45:
0
a. In paragraph (a), removing the wording ``based on all available 
information'' adding in its place the wording ``considering the 
information you have provided and verifying it as appropriate''.
0
b. Removing paragraph (f).


Sec.  2.47  [Amended]

0
24. In Sec.  2.47 paragraph (d), removing the number ``30'' adding in 
its place the number ``90''.


Sec.  2.48  [Amended]

0
25. In Sec.  2.48:
0
a. Adding in paragraph (a)(1), the following as new sentence two ``The 
subject of the request must concern discrete, identifiable agency 
activities, operations, or programs with a connection that is direct 
and clear, not remote or attenuated.''.
0
b. Adding in paragraph (a)(2), after the word ``contribute'', the word 
``significantly''.
0
c. In paragraphs (a)(2)(i), after the word ``informative'', add the 
wording ``--the disclosure of information that already is in the public 
domain, in either the same or a substantially identical form, would not 
be meaningfully informative if nothing new would be added to the 
public's understanding''.
0
d. In paragraphs (a)(2)(iv), removing the word ``Your'' adding in its 
place the word ``Your expertise in the subject area as well as your'', 
replace the words ``expertise regarding the requested information and 
information that explains how you'' with the word ``your'', and replace 
the wording ``to your'' with the wording ``to furthering your''.
0
e. Removing paragraphs (a)(3), (a)(3)(i), (a)(3)(iii), and (a)(3)(iv) 
and redesignate current paragraphs (a)(3)(ii) as paragraph (a)(2)(vi) 
and adding the word ``and'' after the semicolon. Redesignate current 
paragraphs (a)(4) to paragraphs (a)(2)(vii).
0
f. Adding a new second sentence to introductory paragraph (b) to read 
as follows, ``To determine whether disclosure of the requested 
information is primarily in your commercial interest, the bureau will 
consider:'', and add new paragraphs (1) and (2) to read as set out 
below.
0
g. Redesignate paragraphs (b)(1), (2) and (3) as (3), (4), and (5).
0
h. Redesignated paragraph (b)(5)(ii), adding the word ``ordinarily'' 
before the word ``presume'' and add the following sentence to the end 
``Disclosure to data brokers or others who merely compile and market 
government information for direct economic return will not be presumed 
to primarily serve the public interest.''
    The revisions and additions read as follows:


Sec.  2.48  How will the bureau evaluate your fee waiver request?

* * * * *
    (b) * * *
    (1) Whether the requested disclosure would further any commercial 
interest of yours.
    (2) If you have a commercial interest, the bureau must determine 
whether that is the primary interest furthered by the request. A waiver 
or reduction of fees is justified when the requirements of paragraph 
(a) are satisfied and any commercial interest is not the primary 
interest furthered by the request. Bureaus ordinarily will presume 
that, when a news media requester has satisfied paragraph (a) above, 
the request is not primarily in the commercial interest of the 
requester.
* * * * *


Sec.  2.49  [Amended]

0
26. Amend Sec.  2.49 by,
0
a. Adding a new paragraph (a)(3) and redesignate paragraph (a)(3) as 
(4).
0
b. In the newly redesignated (a)(4), replacing the word ``previously'' 
with ``already''.
0
c. In paragraph (e), replace the wording ``FOIA Public Liaison'' with 
the wording ``FOIA Requester Center''.
    The additions read as follows:


Sec.  2.49  When will you be notified of anticipated fees?

    (a) * * *
* * * * *
    (3) Your request does not reasonably describe the records sought 
and/or does not resolve all issues regarding the payment of processing 
fees; or
* * * * *


Sec.  2.51  [Amended]

0
27. In Sec.  2.51 paragraph (b), (b)(1), and (b)(3), removing the word 
``limit'' adding in its place the word ``frame''.


Sec.  2.54  [Amended]

0
28. In Sec.  2.54 paragraph (a), removing the words ``charge 
accordingly'' adding in its place the words ``charge fees accordingly'' 
and removing the words ``attempting to avoid fees by''.

Subpart H--Administrative Appeals


Sec.  2.57  [Amended]

0
29. In Sec.  2.57 paragraph (a)(7) and paragraph (c), removing the word 
``limit'' adding in its place the word ``frames''.


Sec.  2.58  [Amended]

0
30. In Sec.  2.58 paragraph (c), removing the word ``limit'' adding in 
its place ``frame''.

[[Page 67180]]

Sec.  2.59  [Amended]

0
31. In Sec.  2.59 paragraph (f), removing the word ``limit'' adding in 
its place ``frames''.


Sec.  2.62  [Amended]

0
32. In Sec.  2.62 paragraphs (a) and (b), removing the word ``limit'' 
adding in its place ``frame''.

Subpart I--General Information


Sec.  2.66  [Amended]

0
33. Revise Sec.  2.66 with the following:


Sec.  2.66   What are FOIA Requester Centers and the FOIA Public 
Liaison?

    (a) Employees at FOIA Requester Centers typically serve as your 
first point of contact for questions about how the FOIA works. Even 
before you make a request, employees at FOIA Requester Centers can 
assist you by: Identifying information that is already posted and 
available; informing you about the types of records maintained by the 
bureau; providing suggestions for formulating requests; describing the 
Department's various processing tracks and the average processing times 
for the various tracks; and answering questions about expedited 
processing standards and the FOIA's fee provisions. After you make a 
request, questions about its status can also be answered by employees 
at the applicable FOIA Requester Center.
    (b) If you need further information or assistance after contacting 
the applicable FOIA Requester Center, the FOIA Public Liaison reports 
to the Department's Chief FOIA Officer and is responsible for assisting 
in reducing delays, increasing transparency and understanding of the 
status of requests, and resolving disputes between you and the agency 
(including notifying you of your right to seek dispute resolution 
services from OGIS).
    (c) If you need further information or assistance after contacting 
the applicable FOIA Requester Center and the FOIA Public Liaison, you 
may wish to seek dispute resolution services from OGIS.
    (d) Contact information for the FOIA Requester Centers and the FOIA 
Public Liaison is available at https://www.doi.gov/foia/foiacenters.


Sec.  2.70  [Amended]

0
 34. In Sec.  2.70:
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a. In the definition of ``Educational institution'', add the following 
sentence after the words ``further scholarly research.'' ``Teachers (if 
they demonstrate how the requested records will further their teaching, 
scholarly research, or production of scholarly works) and students (if 
they demonstrate how the requested records will further their 
coursework or other school-sponsored activities) may also qualify as an 
educational institution for the purposes of this definition.''
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b. In the definition of ``Multitrack processing'': after ``first-in/
first-out basis'' add the words ``, but other factors, such as 
litigation, may affect the sequence and/or timing of processing''.
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c. In the definition of ``Record'' remove ``means an agency record'' 
and add in its place ``is any item, collection, or grouping of 
information that already is recorded, is reasonably encompassed by your 
request, and''.
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d. In the definition of ``Representative of the news media'', add the 
following new sentence two after the phrase ``work to an audience.'': 
``Distributing copies of released records, electronically or otherwise, 
does not qualify as using editorial skills to turn the raw materials 
into a distinct work.''

    Dated: December 14, 2018.
Daniel Jorjani,
Principal Deputy Solicitor, Exercising the Authority of the Solicitor.
[FR Doc. 2018-27561 Filed 12-27-18; 8:45 am]
 BILLING CODE 4310-10-P