Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations 11121 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 2, 2016. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: January 25, 2016. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart D—Arizona 

■ 2. Section 52.120 is amended by 

adding paragraph (c)(173) to read as 

follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(173) The following plan was 

submitted on April 2, 2013 by the 

Governor’s designee. 

(i) [RESERVED]. 

(ii) Additional materials. 

(A) Arizona Department of 

Environmental Quality. 

(1) MAG 2013 Carbon Monoxide 

Maintenance Plan for the Maricopa 

County Area, adopted by the Maricopa 

Association of Governments on March 

27, 2013. 

* * * * * 

[FR Doc. 2016–04614 Filed 3–2–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0475; FRL–9942–10] 

Fluensulfone; Pesticide Tolerance for 

Emergency Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

time-limited tolerance for residues of 

fluensulfone, measured as 3,4,4- 

trifluoro-but-3-ene-1-sulfonic acid, 

resulting from use of fluensulfone in or 

on carrots in accordance with the terms 

of an emergency exemption issued 

under section 18 of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA). This action is in response 

to the issuance of a crisis emergency 

exemption under FIFRA section 18 

authorizing use of the pesticide on 

carrots. This regulation establishes a 

maximum permissible level for residues 

of fluensulfone in or on carrots. The 

time-limited tolerance expires on 

December 31, 2017. 

DATES: This regulation is effective 

March 3, 2016. Objections and requests 

for hearings must be received on or 

before May 2, 2016, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2015–0475, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan T. Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

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11122 Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations 

C. How can I file an objection or hearing 

request? 

Under section 408(g) of the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

21 U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2015–0475 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before May 2, 2016. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2015–0475 by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at http://www.epa.gov/

dockets. 

II. Background and Statutory Findings 

EPA, on its own initiative, in 

accordance with FFDCA sections 408(e) 

and 408(l)(6), 21 U.S.C. 346a(e) and 

346a(1)(6), is establishing a time-limited 

tolerance for residues of fluensulfone, to 

be enforced by measuring only the 

metabolite 3,4,4-trifluoro-but-3-ene-1- 

sulfonic acid, in or on carrots at 2.0 

parts per million (ppm). There are no 

Canadian or Codex MRLs for residues of 

fluensulfone in or on carrot at this time. 

International harmonization is not an 

issue for this emergency exemption. 

This time-limited tolerance expires on 

December 31, 2017. 

Section 408(l)(6) of FFDCA requires 

EPA to establish a time-limited 

tolerance or exemption from the 

requirement for a tolerance for pesticide 

chemical residues in food that will 

result from the use of a pesticide under 

an emergency exemption granted by 

EPA under FIFRA section 18. Such 

tolerances can be established without 

providing notice or period for public 

comment. EPA does not intend for its 

actions on FIFRA section 18 related 

time-limited tolerances to set binding 

precedents for the application of FFDCA 

section 408 and the safety standard to 

other tolerances and exemptions. 

Section 408(e) of FFDCA allows EPA to 

establish a tolerance or an exemption 

from the requirement of a tolerance on 

its own initiative, i.e., without having 

received any petition from an outside 

party. 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a time-limited 

tolerance (the legal limit for a pesticide 

chemical residue in or on a food) only 

if EPA determines that the tolerance is 

‘‘safe.’’ Section 408(b)(2)(A)(ii) of 

FFDCA defines ‘‘safe’’ to mean that 

‘‘there is a reasonable certainty that no 

harm will result from aggregate 

exposure to the pesticide chemical 

residue, including all anticipated 

dietary exposures and all other 

exposures for which there is reliable 

information.’’ This includes exposure 

through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue . . . .’’ 

Section 18 of FIFRA authorizes EPA 

to exempt any Federal or State agency 

from any provision of FIFRA, if EPA 

determines that ‘‘emergency conditions 

exist which require such exemption.’’ 

EPA has established regulations 

governing such emergency exemptions 

in 40 CFR part 166. 

III. Emergency Exemption for 

Fluensulfone on Carrots and FFDCA 

Tolerances 

The Michigan Department of 

Agriculture and Rural Development 

asserted that an emergency condition 

existed in accordance with the criteria 

for approval of an emergency 

exemption, and utilized a crisis 

exemption under FIFRA section 18 to 

allow the use of fluensulfone on carrots 

to control plant-parasitic nematodes in 

carrot fields in Michigan. The Michigan 

Department of Agriculture and Rural 

Development invoked the crisis 

exemption provision on April 14, 2015. 

After having reviewed the submission, 

EPA concurred on the emergency action 

in order to meet the needs of Michigan 

carrot growers who faced significant 

economic loss. The crisis exemption 

program expired on June 15, 2015. 

As part of its evaluation of the 

Michigan crisis exemption, EPA 

assessed the potential risks presented by 

residues of fluensulfone in or on carrots. 

In doing so, EPA considered the safety 

standard in FFDCA section 408(b)(2), 

and EPA decided that the necessary 

time-limited tolerance under FFDCA 

section 408(l)(6) would be consistent 

with the safety standard and with 

FIFRA section 18. Consistent with the 

need to move quickly on the emergency 

exemption in order to address an urgent 

non-routine situation and to ensure that 

the resulting food is safe and lawful, 

EPA is issuing this time-limited 

tolerance without notice and 

opportunity for public comment as 

provided in FFDCA section 408(l)(6). 

Although this time-limited tolerance 

expires on December 31, 2017, under 

FFDCA section 408(l)(5), residues of the 

pesticide not in excess of the amounts 

specified in the tolerance remaining in 

or on carrots after that date will not be 

unlawful, provided the pesticide was 

applied in a manner that was lawful 

under FIFRA, and the residues do not 

exceed a level that was authorized by 

this time-limited tolerance at the time of 

that application. EPA will take action to 

revoke this time-limited tolerance 

earlier if any experience with, scientific 

data on, or other relevant information 

on this pesticide indicate that the 

residues are not safe. 

Because this time-limited tolerance is 

being approved under emergency 

conditions, EPA has not made any 

decisions about whether fluensulfone 

meets FIFRA’s registration requirements 

for use on carrots or whether permanent 

tolerances for this use would be 

appropriate. Under these circumstances, 

EPA does not believe that this timelimited tolerance decision serves as a 

basis for registration of fluensulfone by 

a State for special local needs under 

FIFRA section 24(c). Nor does this timelimited tolerance by itself serve as the 

authority for persons in any State other 

than Michigan to use this pesticide on 

the applicable crops under FIFRA 

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Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations 11123 

section 18 absent the issuance of an 

emergency exemption applicable within 

that State. For additional information 

regarding the crisis exemption for 

fluensulfone, contact the Agency’s 

Registration Division at the address 

provided under FOR FURTHER

INFORMATION CONTACT. 

IV. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue . . . .’’ 

Consistent with the factors specified 

in FFDCA section 408(b)(2)(D), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure expected as a result 

of the crisis exemption and this timelimited tolerance for residues of 

fluensulfone on carrots at 2.0 parts per 

million (ppm), measured as 3,4,4- 

trifluoro-but-3-ene-1-sulfonic acid. 

EPA’s assessment of exposures and risks 

associated with establishing a timelimited tolerance follows. 

The Agency assessed the use of the 

fluensulfone use on carrots based on a 

0.50 ppm residue level of the parent 

compound, which is the residue of 

concern for purposes of risk assessment 

on carrots (i.e., 100% crop treated) and 

determined that there would be no 

resulting change in the estimates from 

the previous risk assessment for the 

chemical. Since the publication of the 

September 24, 2014 final rule, the 

toxicity profile of fluensulfone has not 

changed, and the risk assessments that 

supported the establishment of those 

tolerances published in the Federal 

Register remain valid. The dietary risk 

assessments for fluensulfone are based 

on residues of the parent compound 

only. Therefore, EPA relies upon those 

supporting risk assessments and the 

findings made in the September 24, 

2014 Federal Register document, as 

well as an updated dietary exposure and 

risk assessment on carrots. EPA 

concludes that there is a reasonable 

certainty that no harm will result to the 

general population, or to infants and 

children from aggregate exposure to 

fluensulfone residues. 

A summary of the toxicological 

endpoints for fluensulfone used for 

human risk assessment were previously 

described in a final rule published in 

the Federal Register of September 24, 

2014 (79 FR 56964) (FRL–9914–35). 

Please refer to this Federal Register 

document and its supporting 

documents, available at http://

www.regulations.gov in docket ID 

number EPA–HQ–OPP–2012–0593 for a 

detailed discussion of the aggregate risk 

assessments and determination of safety 

for the proposed time-limited tolerance 

for residues of fluensulfone on carrots at 

2.0 parts per million (ppm) when 

measured as 3,4,4-trifluoro-but-3-ene-1- 

sulfonic acid. 

V. Analytical Enforcement Methodology 

An analytic method suitable for 

enforcement purposes has been 

approved by the Agency. That same 

method was used in the field trials for 

carrot and was shown to be appropriate 

for that crop. The method has an LOQ, 

defined as the lower limit of method 

validation, of 0.01 ppm of 3,4,4- 

trifluoro-but-3-ene-1-sulfonic acid. For 

carrot, the method has a calculated LOQ 

of 0.005 ppm of 3,4,4-trifluoro-but-3- 

ene-1-sulfonic acid. Adequate 

enforcement methodology, a reversephase high performance liquid 

chromatography with dual mass 

spectrometry/mass spectrometry 

(HPLC–MS/MS), is available to enforce 

the tolerance expression. 

The method may be requested from: 

Chief, Analytical Chemistry Branch, 

Environmental Science Center, 701 

Mapes Rd., Ft. Meade, MD 20755–5350; 

telephone number: (410) 305–2905; 

email address: residuemethods@

epa.gov. 

International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. 

The Codex has not established a MRL 

for fluensulfone or 3,4,4-trifluoro-but-3- 

ene-1-sulfonic acid, in or on carrot. 

VI. Conclusion 

Therefore, a time-limited tolerance is 

established for residues of fluensulfone, 

measured as 3,4,4-trifluoro-but-3-ene-1- 

sulfonic acid, in or on carrots at 2.0 

ppm. This tolerance expires on 

December 31, 2017. 

VII. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA sections 408(e) and 

408(l)(6). The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established in accordance with 

FFDCA sections 408(e) and 408(l)(6), 

such as the tolerances in this final rule, 

do not require the issuance of a 

proposed rule, the requirements of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.) do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

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11124 Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VIII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 25, 2016. 

Susan Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.680, revise paragraph (b) to 

read as follows: 

§ 180.680 Fluensulfone; tolerances for 

residues. 

* * * * * 

(b) Section 18 emergency exemptions. 

Time-limited tolerances specified in the 

following table are established for 

residues of the nematicide fluensulfone, 

including its metabolites and 

degradates, in or on the commodities in 

the table below, resulting from use of 

the pesticide pursuant to FIFRA section 

18 emergency exemptions. Compliance 

with the tolerance levels specified 

below is to be determined by measuring 

only 3,4,4-trifluoro-but-3-ene-1-sulfonic 

acid. The tolerances expire on the date 

specified in the table. 

Commodity Parts per 

million 

Expiration 

date 

Carrot .................. 2.0 12/31/17 

* * * * * 

[FR Doc. 2016–04757 Filed 3–2–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 2 

[13XD4523WS DS10200000 

DWSN00000.000000 WBS DP10202] 

RIN 1093–AA19 

Freedom of Information Act 

Regulations 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: This rule revises 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: This rule is effective on April 4, 

2016. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Cafaro, Office of the Executive 

Secretariat and Regulatory Affairs, 202– 

208–5342. 

SUPPLEMENTARY INFORMATION: 

I. Why We’re Publishing This Rule and 

What it Does 

A. Introduction 

In late 2012, the Department 

published a final rule updating and 

replacing the Department’s previous 

Freedom of Information Act (FOIA) 

regulations. Since that time, in order to 

maintain the independence of the Office 

of Inspector General (OIG), the 

Department and the OIG have agreed to 

authorize the OIG to process their own 

FOIA appeals. Additionally, the 

Department has recently migrated its 

Web site to a new framework, leading to 

updated links. Finally, the Department 

has received feedback from its FOIA 

practitioners and requesters and 

identified areas where it is possible to 

further update, clarify, and streamline 

the language of some procedural 

provisions. Therefore, the Department is 

making the following changes: 

• Section 2.1(e) is amended to 

identify the regulations applicable to 

Privacy Act requests. 

• Section 2.5(d) is amended to 

provide more guidance on what 

happens when a request does not 

reasonably describe the records sought. 

• Portions of § 2.6 are amended to 

make explicit that a fee waiver request 

is a valid way of responding to a request 

for additional fee information and that 

requesters may inform bureaus why 

they believe they are eligible for 

discretionary fee waivers, and to 

emphasize when fee issues must be 

resolved before processing will begin. 

• A sentence is added to § 2.8(a) to 

require a bureau that cannot readily 

reproduce the requested record in the 

form or format requested to explain why 

it cannot. 

• Section 2.9(b) is amended to 

remove a superfluous introductory 

phrase. 

• Section 2.10 is amended to 

highlight the requirements a requester 

seeking expedited processing must meet 

and the consequences of not meeting 

those requirements. 

• Section 2.11 is amended to reduce 

the suggested contact information 

provided by requesters. 

• Section 2.12(c) is amended to 

emphasize that reasonable efforts must 

be made to search for requested records 

and to clarify when searching for 

requested records in electronic form or 

format will not occur. 

• A sentence is added to § 2.15(e) to 

require bureaus to provide more 

information to requesters when placing 

them in a different processing track than 

requested. 

• Section 2.16(a) is amended to 

clarify and streamline discussion of 

when the time period for responding to 

a request begins and ends. 

• The introductory language of 

§ 2.19(a) is amended to clarify when 

bureaus may extend the basic time limit. 

• Portions of § 2.20 are amended to 

make explicit that expedited processing 

requests are only appropriate before the 

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