Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Proposed Rules 67175 

personal information provided. For 

additional information on the public 

hearing, see the ‘‘Public Participation’’ 

heading of the SUPPLEMENTARY

INFORMATION section of this document. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Damaris Christensen, Office of Water 

(4504–T), Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460; telephone 

number: (202) 566–2428; email address: 

WOTUS-outreach@epa.gov; or Ms. 

Cindy Barger, Office of the Assistant 

Secretary of the Army for Civil Works, 

441 G Street NW, Washington, DC 

20014; telephone number: (202) 761– 

0038. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 11, 2018, the agencies 

signed a proposed rule defining the 

scope of waters federally regulated 

under the Clean Water Act, in light of 

the U.S. Supreme Court cases in United 

States v. Riverside Bayview Homes, 

Solid Waste Agency of Northern Cook 

County v. United States, and Rapanos v. 

United States, and consistent with 

Executive Order 13778, signed on 

February 28, 2017, entitled ‘‘Restoring 

the Rule of Law, Federalism, and 

Economic Growth by Reviewing the 

‘Waters of the United States’ Rule.’’ The 

agencies are holding a public hearing in 

Kansas City, Kansas on January 23, 

2019, to provide interested parties the 

opportunity to present data, views, or 

information concerning the proposed 

rule. The agencies have submitted the 

proposed rule to the Office of the 

Federal Register, and it will be 

published separately in the Federal 

Register. The comment period on the 

proposed action will end 60 days after 

the notice of proposed rulemaking 

publishes in the Federal Register. The 

pre-publication version of the proposed 

rule can be found at https://

www.epa.gov/wotus-rule/step-two-revise 

and will be replaced with the official 

version of the notice after it publishes. 

II. Public Participation 

A. Participation in Public Hearing 

The public is invited to speak during 

the public hearing on January 23, 2019. 

The agencies will begin pre-registering 

speakers for the hearing upon signature 

of this document. Those interested in 

speaking at the hearing can sign up for 

a three-minute speaking slot within an 

identified 45-minute timeframe. To 

register to speak at the hearing, please 

use the online registration form 

available at https://www.epa.gov/wotusrule/proposed-revised-definition-wotuspublic-hearing. The last day to preregister to speak at the hearing will be 

January 17, 2019. On January 22, 2019, 

the agencies will post a general agenda 

for the hearing that will list preregistered speakers in approximate 

order at: https://www.epa.gov/wotusrule/proposed-revised-definition-wotuspublic-hearing. 

The agencies will make every effort to 

follow the schedule as closely as 

possible on the day of the hearing; 

however, please plan for the hearings to 

run either ahead of schedule or behind 

schedule. Additionally, requests to 

speak will be taken the day of the 

hearing at the hearing registration desk. 

The agencies will make every effort to 

accommodate all speakers who arrive 

and register, although preferences on 

speaking times may not be available. 

Each commenter will have three 

minutes to provide oral testimony. The 

agencies encourage commenters to 

provide the agencies with a copy of 

their oral testimony electronically (via 

email) or in hard copy form. 

The agencies may ask clarifying 

questions during the oral presentations 

but will not respond to the 

presentations at that time. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as oral comments and supporting 

information presented at the public 

hearing. Written comments must be 

received by the last day of the comment 

period, as specified in the notice of 

proposed rulemaking. Verbatim 

transcripts of the hearing and written 

statements will be included in the 

docket for the rulemaking. 

Please note that any updates made to 

any aspect of the hearing will be posted 

online at https://www.epa.gov/wotusrule/proposed-revised-definition-wotuspublic-hearing. While the agencies 

expect the hearing to go forward as set 

forth above, please monitor our website 

for any updates. The agencies do not 

intend to publish a document in the 

Federal Register announcing updates. 

The agencies will not provide 

audiovisual equipment for 

presentations. Any media presentations 

should be submitted to the public 

docket at https://www.regulations.gov/, 

identified by Docket ID No. EPA–HQ– 

OW–2018–0149. If you require the 

service of a translator or special 

accommodations such as audio 

description, please pre-register for the 

hearing and describe your needs by 

January 17, 2019. We may not be able 

to arrange accommodations without 

advanced notice. 

Dated: December 20, 2018. 

John T. Goodin, 

Director, Office of Wetlands, Oceans and 

Watersheds, Office of Water, Environmental 

Protection Agency. 

Dated: December 20, 2018. 

Ryan A. Fisher, 

Principal Deputy Assistant Secretary of the 

Army (Civil Works), Department of the Army. 

[FR Doc. 2018–28296 Filed 12–27–18; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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, 


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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 midyear 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: 

• Section 2.2 would be amended to 

reflect the changing structure of the 

Department’s FOIA program. 

• 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. 

• 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. 

• 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. 

• 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. 

• 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. 

• 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. 

• 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. 

• 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. 

• Section 2.18 and 2.47 would be 

amended for technical clarifications. 

• 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 


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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 

■ 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 

§ 2.2 [Amended] 

■ 2. In § 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 

§ 2.3 [Amended] 

■ 3. Amend § 2.3 by: 

■ 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’’ 

■ b. Removing paragraph (c). 

■ c. Redesignating paragraph (d), as 

paragraph (c), and removing the words 

‘‘FOIA Public Liaison’’ and adding in its 

place ‘‘FOIA Requester Center’’. 

§ 2.4 [Amended] 

■ 4. Amend § 2.4 by: 

■ 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’’. 

■ b. Removing paragraphs (e) and (f). 

§ 2.5 [Amended] 

■ 5. In § 2.5: 

■ 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’’. 

■ b. In paragraph (c), remove the phrase 

‘‘FOIA Public Liaison’’ and add in its 

place ‘‘FOIA Requester Center’’. 

■ c. Revise paragraph (d). 

■ d. Add paragraph (e). 

The revision and addition read as 

follows: 

§ 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 


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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 

§ 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 

§ 2.6 [Amended] 

■ 6. In § 2.6 paragraph (f) add the 

wording ‘‘or a different fee category 

placement’’ after ‘‘partial fee waiver’’. 

Subpart C—Processing Requests 

§ 2.12 [Amended] 

■ 7. Revise § 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 § 2.13. 

* * * * * 

§ 2.13 [Amended] 

■ 8. Revise § 2.13 to read as follows: 

§ 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 § 2.15 

of this part) and process it according to 

the date that the consulting or referring 

bureau or agency received your request 

(see § 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 

§ 2.14 [Amended] 

■ 9. In § 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.’’ 

§ 2.15 [Amended] 

■ 10. In § 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’’. 

§ 2.16 [Amended] 

■ 11. In § 2.16: 

■ a. Revise the section heading 

■ b. In paragraph (b) remove the word 

‘‘limit’’ and add in place the word 

‘‘frame’’. 

The revision reads as follows: 

§ 2.16 What is the basic time frame for 

responding to a request? 

§ 2.17 [Removed and Reserved] 

■ 12. Section 2.17 is [Removed and 

Reserved]’’. 

§ 2.18 [Amended] 

■ 13. In § 2.18: 

■ a. Revise the section heading, 

■ b. In paragraph (a) and (b) remove the 

word ‘‘limit’’ adding in its place the 

word ‘‘frame’’. 

■ c. In In paragraph (b) add the words 

‘‘of this part’’ after the words ‘‘in 

§ 2.16’’. 

The revision reads as follows: 

§ 2.18 When can the bureau suspend the 

basic time frame? 

§ 2.19 [Amended] 

■ 14. In § 2.19: 

■ a. Revise the heading to read as set out 

below; 

■ b In paragraph (a) and (c) remove the 

word ‘‘limit’’, adding in its place 

‘‘frame’’. 

■ 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: 

§ 2.19 When may the bureau extend the 

basic time limit? 

§ 2.20 [Amended] 

■ 15. In § 2.20: 

■ a. In paragraph, (a)(1) and (2), remove 

the word ‘‘Where’’ and capitalize 

‘‘Failure’’ and ‘‘There’’, respectively. 

■ b. In § 2.20(a)(2)(iii), remove the 

wording ‘‘; this ordinarily refers to a 

breaking news story of general public 

interest’’. 

■ c. In § 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’’. 

■ d. In § 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 

§ 2.21 [Amended] 

■ 16. In § 2.21 paragraph (a), remove the 

wording ‘‘its FOIA Public Liaison’’, 


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adding in its place ‘‘the FOIA Public 

Liaison’’. 

§ 2.23 [Amended] 

■ 17. In § 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’’. 

§ 2.24 [Amended] 

■ 18. In § 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 

§ 2.27 [Amended] 

■ 19. In § 2.27 paragraph (a), adding the 

wording ‘‘exercise due diligence to’’ 

following the wording ‘‘must’’. 

§ 2.28 [Amended] 

■ 20. In § 2.28 paragraph (d), removing 

the wording ‘‘limit’’ adding in its place 

‘‘frame’’. 

§ 2.29 [Amended] 

■ 21. In § 2.29: 

■ a. In paragraph (a), remove the second 

‘‘or’’. 

■ 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. 

■ c. Add a new paragraph (c). 

The revision and addition read as 

follows: 

§ 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 

§ 2.37 [Amended] 

■ 22. In § 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’’. 

§ 2.45 [Amended] 

■ 23. In § 2.45: 

■ 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’’. 

■ b. Removing paragraph (f). 

§ 2.47 [Amended] 

■ 24. In § 2.47 paragraph (d), removing 

the number ‘‘30’’ adding in its place the 

number ‘‘90’’. 

§ 2.48 [Amended] 

■ 25. In § 2.48: 

■ 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.’’. 

■ b. Adding in paragraph (a)(2), after the 

word ‘‘contribute’’, the word 

‘‘significantly’’. 

■ 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’’. 

■ 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’’. 

■ 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). 

■ 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. 

■ g. Redesignate paragraphs (b)(1), (2) 

and (3) as (3), (4), and (5). 

■ 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: 

§ 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. 

* * * * * 

§ 2.49 [Amended] 

■ 26. Amend § 2.49 by, 

■ a. Adding a new paragraph (a)(3) and 

redesignate paragraph (a)(3) as (4). 

■ b. In the newly redesignated (a)(4), 

replacing the word ‘‘previously’’ with 

‘‘already’’. 

■ c. In paragraph (e), replace the 

wording ‘‘FOIA Public Liaison’’ with 

the wording ‘‘FOIA Requester Center’’. 

The additions read as follows: 

§ 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 

* * * * * 

§ 2.51 [Amended] 

■ 27. In § 2.51 paragraph (b), (b)(1), and 

(b)(3), removing the word ‘‘limit’’ 

adding in its place the word ‘‘frame’’. 

§ 2.54 [Amended] 

■ 28. In § 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 

§ 2.57 [Amended] 

■ 29. In § 2.57 paragraph (a)(7) and 

paragraph (c), removing the word 

‘‘limit’’ adding in its place the word 

‘‘frames’’. 

§ 2.58 [Amended] 

■ 30. In § 2.58 paragraph (c), removing 

the word ‘‘limit’’ adding in its place 

‘‘frame’’. 


amozie on DSK3GDR082PROD with PROPOSALS1
67180 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Proposed Rules 

§ 2.59 [Amended] 

■ 31. In § 2.59 paragraph (f), removing 

the word ‘‘limit’’ adding in its place 

‘‘frames’’. 

§ 2.62 [Amended] 

■ 32. In § 2.62 paragraphs (a) and (b), 

removing the word ‘‘limit’’ adding in its 

place ‘‘frame’’. 

Subpart I—General Information 

§ 2.66 [Amended] 

■ 33. Revise § 2.66 with the following: 

§ 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. 

§ 2.70 [Amended] 

■ 34. In § 2.70: 

■ 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.’’ 

■ 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’’. 

■ 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’’. 

■ 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 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2 and 25 

[IB Docket No. 18–315; FCC 18–160] 

Earth Stations in Motion To Include 

NGSO Satellite Systems 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission proposes 

to amend its rules to establish a 

regulatory framework for earth stations 

in motion (ESIMs) communications 

with non-geostationary-satellite orbit 

(NGSO), fixed-satellite service (FSS) 

satellite systems that would be 

analogous to that which currently exists 

for ESIMs communicating with 

geostationary-satellite orbit (GSO) FSS 

systems. 

DATES: Comments are due on or before 

February 11, 2019. Reply comments are 

due on or before March 13, 2019. 

ADDRESSES: You may submit comments, 

identified by IB Docket No. 18–160, by 

any of the following methods: 

• Federal Communications 

Commission’s Website: http://

apps.fcc.gov/ecfs. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Spiers, 202–418–1593. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking (NPRM), FCC 18– 

160, adopted November 15, 2018, and 

released November 16, 2018. The full 

text of the NPRM is available at https:// 

apps.fcc.gov/edocs_public/attachmatch/ 

FCC-18-160A1.pdf. The NPRM is also 

available for inspection and copying 

during business hours in the FCC 

Reference Information Center, Portals II, 

445 12th Street SW, Room CY–A257, 

Washington, DC 20554. To request 

materials in accessible formats for 

people with disabilities, send an email 

to FCC504@fcc.gov or call the Consumer 

& Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (TTY). 

Comment Filing Requirements 

Interested parties may file comments 

and reply comments on or before the 

dates indicated in the DATES section 

above. Comments may be filed using the 

Commission’s Electronic Comment 

Filing System (ECFS). 

• Electronic Filers. Comments may be 

filed electronically using the internet by 

accessing the ECFS, http://apps.fcc.gov/ 

ecfs. 

• Paper Filers. Parties who file by 

paper must include an original and four 

copies of each filing. Filings may be sent 

by hand or messenger delivery, by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail. All filings must be 

addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

• All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th Street SW, Room TW–A325, 

Washington, DC 20554. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 


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