Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Proposed Rules 22501 

(e) If the Postal Service is unable to 

provide adequate explanations during 

the public hearing, supplementary 

written or oral responses may be 

required. 

(f) Following the conclusion of the 

public hearings and submission of any 

supplementary materials interested 

persons will be given the opportunity to 

submit written comments on: 

(1) The sufficiency of the justification 

for an exigent rate increase; 

(2) The adequacy of the justification 

for increases in the amounts requested 

by the Postal Service; and 

(3) Whether the specific rate 

adjustments requested are reasonable 

and equitable. 

(g) An opportunity to submit written 

reply comments will be given to the 

Postal Service and other interested 

persons. 

§ 3010.66 Deadline for Commission 

decision. 

The Commission will act 

expeditiously on the Postal Service 

request, taking into account all written 

comments. In every instance a 

Commission decision will be issued 

within 90 days of the filing of an exigent 

request. 

[FR Doc. 2013–08805 Filed 4–15–13; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2013–0104; FRL–9802–5] 

Designation of Areas for Air Quality 

Planning Purposes; State of Nevada; 

Total Suspended Particulate 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to delete 

certain area designations for total 

suspended particulate within the State 

of Nevada because the designations are 

no longer necessary. These designations 

relate to the attainment or unclassifiable 

areas for total suspended particulate in 

Clark County as well as the following 

nonattainment areas for total suspended 

particulate elsewhere within the State of 

Nevada: Carson Desert, Winnemucca 

Segment, Lower Reese Valley, Fernley 

Area, Mason Valley, and Clovers Area. 

EPA is proposing this action under the 

Clean Air Act. 

DATES: Written comments must be 

received on or before May 16, 2013. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0104, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov: Follow the on-line 

instructions for submitting comments. 

2. Email: oconnor.karina@epa.gov. 

3. Mail or deliver: Karina O’Connor 

(AIR–2), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section 

below. 

FOR FURTHER INFORMATION CONTACT: 

Karina O’Connor, EPA Region IX, (775) 

434–8176, oconnor.karina@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal relates to deletions of certain 

area designations for total suspended 

particulate (TSP) in the State of Nevada. 

Specifically, EPA proposes to delete the 

attainment or unclassifiable areas for 

total suspended particulate in Clark 

County as well as the following 

nonattainment areas for total suspended 

particulate elsewhere within the State of 

Nevada: Carson Desert, Winnemucca 

Segment, Lower Reese Valley, Fernley 

Area, Mason Valley, and Clovers Area. 

EPA is proposing this action under 

section 107(d)(4)(B) of the Clean Air Act 

based on the Agency’s determination 

that the TSP designations for these areas 

are no longer necessary. 

In the Rules and Regulations section 

of this Federal Register, EPA is deleting 

these area designations in a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial action and anticipates no 

adverse comments. A detailed rationale 

for the deletions is set forth in the 

preamble to the direct final rule. If EPA 

receives no adverse comments, EPA will 

not take further action on this proposed 

rule. If EPA receives adverse comments, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register to notify the public that the 

direct final rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. Please note that 

if EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. For additional 

information, please see the direct final 

rule of the same title which is located 

in the Rules and Regulations section of 

this Federal Register. 

Dated: April 1, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2013–08840 Filed 4–15–13; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

Institute of Museum and Library 

Services 

45 CFR Part 1184 

RIN 3137–AA22 

Implementing the Freedom of 

Information Act 

AGENCY: Institute of Museum and 

Library Services (IMLS), NFAH. 

ACTION: Proposed rule. 

SUMMARY: This rule proposes to 

implement IMLS’s regulations under the 

Freedom of Information Act (FOIA). The 

regulations both describe how IMLS 

processes requests for records under 

FOIA and reaffirm the agency’s 

commitment to providing the fullest 

possible disclosure of records to the 

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22502 Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Proposed Rules 

public. The agency is implementing the 

regulations to replace its existing joint 

regulations as part of the National 

Foundation on the Arts and the 

Humanities, and to update, clarify, and 

streamline the language of several 

procedural provisions, while 

incorporating changes brought about by 

amendments to the FOIA. 

DATES: Comments are invited and must 

be received by no later than May 16, 

2013. 

ADDRESSES: Address all comments 

concerning this proposed rule to Nancy 

E. Weiss, General Counsel, Institute of 

Museum and Library Services, 1800 M 

Street NW., 9th Floor, Washington, DC 

20036. Email: nweiss@imls.gov. 

Telephone: (202) 653–4787. Facsimile: 

(202) 653–4625. 

FOR FURTHER INFORMATION CONTACT: 

Nancy E. Weiss, General Counsel, 

Institute of Museum and Library 

Services, 1800 M Street NW., 9th Floor, 

Washington, DC 20036. Email: 

nweiss@imls.gov. Telephone: (202) 653– 

4787. Facsimile: (202) 653–4625. 

SUPPLEMENTARY INFORMATION: IMLS 

operates as part of the National 

Foundation on the Arts and the 

Humanities under the National 

Foundation on the Arts and Humanities 

Act of 1965, as amended (20 U.S.C. 951 

et seq.). The corresponding regulations 

published at 45 CFR Chapter XI, 

Subchapter A apply to the entire 

Foundation, while the regulations 

published at 45 CFR Chapter XI, 

Subchapter E apply only to the institute. 

This proposed rule implements IMLS’ 

FOIA regulations in Subchapter E (45 

CFR part 1184), replacing the existing 

regulations in Subchapter A (45 CFR 

part 1100) with regard to IMLS. The 

proposed rule provides additional detail 

concerning several provisions of the 

Freedom of Information Act, and is 

intended to increase understanding of 

IMLS’ FOIA policies. IMLS is 

authorized to propose these regulations 

under 5 U.S.C. 552. 

I. Why We’re Publishing This Rule and 

What It Does 

The Institute of Museum and Library 

Services (IMLS) is proposing regulations 

to implement the Freedom of 

Information Act (FOIA), 5 U.S.C. 552, as 

amended. FOIA requires Federal 

agencies to make official documents and 

other records available to the public 

upon request, unless the material 

requested falls under one of several 

statutorily prescribed exemptions. FOIA 

also requires agencies to publish rules 

stating the time, place, fees, and 

procedures to apply in making such 

records available. Further, Section 1803 

of the Freedom of Information Reform 

Act of 1986 requires each agency to 

establish a system for recovering costs 

associated with responding to requests 

for information under FOIA. The Office 

of Management and Budget (OMB) has 

issued guidelines that set standard 

government-wide definitions for 

assessing and collecting FOIA fees 

(OMB Fee Guidelines). These proposed 

regulations describe the ways in which 

records may be requested by the public, 

and explain how IMLS will respond to 

such requests and assess fees in 

connection with the agency’s response. 

The proposed regulations also 

incorporate the policies expressed in the 

President’s January 21, 2009, Executive 

Memorandum on the Freedom of 

Information Act, and the Attorney 

General’s March 19, 2009, 

Memorandum for Heads of Executive 

Departments and Agencies. These 

policies, however, do not create any 

legally enforceable rights. 

By implementing the provisions of the 

January 21, 2009, Executive 

Memorandum and Attorney General 

Holder’s March 19, 2009, Memorandum 

to the Heads of Executive Departments 

and Agencies, these regulations will 

improve IMLS’s FOIA-related service 

and performance, thereby strengthening 

the agency’s compliance with the law. 

Accordingly, IMLS proposes these 

regulations implementing FOIA and 

submits them for public comment 

pursuant to 5 U.S.C. 552(a)(4)(A), 

(a)(6)(B)(iv), (a)(6)(D), (a)(6)(E), and 5 

U.S.C. 553. 

II. Compliance With Laws and 

Executive Orders 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 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. 

Executive Order 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. 

Paperwork Reduction Act 

IMLS has determined that the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., does not apply because 

these regulations do not contain any 

information collection requirements 

subject to approval by OMB. 

Civil Justice Reform (Executive Order 

12988) 

These regulations meet the applicable 

standards set forth in Executive Order 

12988, Civil Justice Reform. 

Federalism (Executive Order 13132) 

These regulations will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

IMLS has determined that these 

regulations do not have sufficient 

federalism implications to warrant the 

preparation of a federalism summary 

impact statement. 

Regulatory Flexibility Act 

IMLS, in accordance with the 

Regulatory Flexibility Act, 5 U.S.C. 

605(b), has reviewed these proposed 

regulations and certifies that they will 

not have a significant economic impact 

on a substantial number of small entities 

because they pertain to administrative 

matters affecting the agency. 

Unfunded Mandates Reform Act of 1995 

These regulations will not result in 

the expenditure by State, local, and 

tribal governments, in the aggregate, or 

by the private sector, of $100 million or 

more in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1501, et seq. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

These regulations are not major 

regulations as defined by section 251 of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 5 

U.S.C. 804. They will not result in an 

annual effect on the economy of $100 

million or more, a major increase in 

costs or prices, or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

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the ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

National Environmental Policy Act of 

1969 

IMLS has reviewed this action for 

purposes of the National Environmental 

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

4321–4347, and has determined that 

this action will not have a significant 

effect on the human environment. 

Takings (E.O. 21630) 

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. A takings 

implication assessment is not required. 

Consultation With Indian Tribes (E.O. 

13175) 

Under the criteria in Executive Order 

13175, we have evaluated this proposed 

rule and determined that it has no 

potential effects on federally recognized 

Indian tribes. This proposed rule does 

not have tribal implications that impose 

substantial direct compliance costs on 

Indian Tribal governments. 

Effects on the Energy Supply (E.O. 

13211) 

This proposed rule is not a significant 

energy action under the definition in 

Executive Order 13211. A Statement of 

Energy Effects is not required. This 

proposed rule will not have a significant 

effect on the nation’s energy supply, 

distribution, or use. 

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. 

List of Subjects in 45 CFR Part 1184 

Administrative practice and 

procedure, Freedom of Information. 

For the reasons stated in the 

preamble, IMLS proposes to amend 45 

CFR Subchapter E to add part 1184 as 

follows: 

PART 1184—IMPLEMENTATION OF 

THE FREEDOM OF INFORMATION ACT 

Sec. 

1184.1 What is the purpose and scope of 

these regulations? 

1184.2 What are IMLS’s general policies 

with respect to FOIA? 

1184.3 How do I request records? 

1184.4 When will I receive a response to 

my request? 

1184.5 How will my request be processed? 

1184.6 How can I appeal a denial of my 

request? 

1184.7 How will fees be charged? 

1184.8 What are IMLS’ policies regarding 

disclosure of business information? 

1184.9 Disclaimer 

Authority: 5 U.S.C. 552. 

§ 1184.1 What is the purpose and scope of 

these regulations? 

These regulations describe how the 

Institute of Museum and Library 

Services (IMLS) processes requests for 

records under the Freedom of 

Information Act (FOIA), 5 U.S.C. 552 as 

amended. The regulations apply only to 

records that are both: 

(a) Created or obtained by IMLS; and 

(b) Under the agency’s control at the 

time of the FOIA request. 

These rules should be read in 

conjunction with the text of the FOIA 

and the Uniform Freedom of 

Information Fee Act Schedule and 

Guidelines published by the Office of 

Management and Budget at 52 FR 10012 

(Mar. 27, 1987) (the ‘‘OMB Guidelines’’). 

Requests made by individuals for 

records about themselves under the 

Privacy Act of 1974, 5 U.S.C. 552a, are 

processed under part 1182 of 45 CFR as 

well as under this part. 

§ 1184.2 What are IMLS’s general policies 

with respect to FOIA? 

(a) Non-exempt records available to 

the public. Except for records exempt or 

excluded from disclosure by 5 U.S.C. 

552 or published in the Federal Register 

under 5 U.S.C. 552(a)(1), IMLS records 

subject to the FOIA are available to any 

person who requests them in 

accordance with these regulations. 

(b) Records available at the IMLS 

FOIA Electronic Reading Room. IMLS 

makes records available on its Web site 

in accordance with 5 U.S.C. 552(a)(2), as 

amended, and other documents that, 

because of the nature of their subject 

matter, are likely to be the subject of 

FOIA requests. To save time and money, 

IMLS strongly urges you to review 

documents available at the IMLS FOIA 

Electronic Reading Room before 

submitting a FOIA request. 

(c) Definitions. For purposes of this 

part, all of the terms defined in the 

Freedom of Information Act, and the 

OMB Guidelines apply, unless 

otherwise defined in this part. 

(1) Commercial use request. A request 

by or on behalf of anyone who seeks 

information for a use or purpose that 

furthers his or her commercial, trade, or 

profit interests, which can include 

furthering those interests through 

litigation. 

(2) Direct costs. Those expenses that 

IMLS actually incurs in searching for 

and duplicating (and, in the case of 

commercial use requests, reviewing) 

records in order to respond to a FOIA 

request. Direct costs include, for 

example, the salary of the employee 

performing the work (the basic rate of 

pay for the employee, plus 16.1 percent 

of that rate to cover benefits) and the 

cost of operating duplication machinery. 

Not included in direct costs are 

overhead expenses such as the costs of 

space and heating or lighting of the 

facility in which the records are kept. 

(3) Duplication. The making of a copy 

of a record, or of the information 

contained in it, necessary to respond to 

a FOIA request. Copies can take the 

form of paper, audiovisual materials, or 

electronic records (for example, 

magnetic tape or disk), among others. 

(4) Educational institution. Any 

school that operates a program of 

scholarly research. A requester in this 

category must show that the request is 

authorized by, and is made under the 

auspices of, a qualifying institution and 

that the records are not sought for a 

commercial use, but rather are sought to 

further scholarly research. 

(5) Non-commercial scientific 

institution. An institution that is not 

operated on a ‘‘commercial’’ basis, as 

defined in paragraph (c)(1) of this 

section, and that is operated solely for 

the purpose of conducting scientific 

research the results of which are not 

intended to promote any particular 

product or industry. A requester in this 

category must show that the request is 

authorized by and is made under the 

auspices of a qualifying institution and 

that the records are sought to further 

scientific research and not for a 

commercial use. 

(6) Representative of news media. Any 

person or entity organized and operated 

to publish or broadcast news to the 

public that actively gathers information 

of potential interest to a segment of the 

public, uses its editorial skills to turn 

raw materials into a distinct work, and 

distributes that work to an audience. 

The term ‘‘news’’ means information 

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that is about current events or that 

would be of current interest to the 

public. Examples of news media entities 

include television or radio stations that 

broadcast news to the public at large 

and publishers of periodicals that 

disseminate news and make their 

products available through a variety of 

means to the general public. A request 

for records that supports the newsdissemination function of the requester 

will not be considered to be for a 

commercial use. ‘‘Freelance’’ journalists 

who demonstrate a solid basis for 

expecting publication through a news 

media entity will be considered as 

working for that entity. A publishing 

contract would provide the clearest 

evidence that publication is expected; 

however, IMLS will also consider a 

requester’s past publication record in 

making this determination. 

(7) Review. The examination of a 

record located in response to a request 

in order to determine whether any 

portion of it is exempt from disclosure. 

Review time includes processing any 

record for disclosure, such as doing all 

that is necessary to prepare the record 

for disclosure, including the process of 

redacting the record and marking the 

appropriate exemptions. Review costs 

are properly charged even if a record 

ultimately is not disclosed. Review time 

also includes time spent both obtaining 

and considering any formal objection to 

disclosure made by a business 

information submitter under § 1184.8 

but it does not include time spent 

resolving general legal or policy issues 

regarding the application of exemptions. 

(8) Search. The process of looking for 

and retrieving records or information 

responsive to a FOIA request. Search 

time includes page-by-page or line-byline identification of information within 

records; and the reasonable efforts 

expended to locate and retrieve 

information from electronic records. 

(9) Working day. A regular Federal 

working day. It does not include 

Saturdays, Sundays, or legal Federal 

holidays. 

§ 1184.3 How do I request records? 

(a) Where to send a request. You may 

make a FOIA request for IMLS records 

by writing directly to the FOIA Officer, 

Institute of Museum and Library 

Services, 1800 M Street NW., 9th Floor, 

Washington, DC 20036–5802. Requests 

may also be sent by facsimile to the 

FOIA Officer at (202) 653–4625 or by 

email to foia@imls.gov. You may also 

submit your FOIA request online 

through the IMLS FOIA Request Form 

located at: http://www.imls.gov/about/ 

foia_request_form.aspx. 

(b) Form of request. Your FOIA 

request need not be in any particular 

format, but it must be in writing, 

include your name and mailing address, 

and be clearly identified as a Freedom 

of Information Act or ‘‘FOIA’’ request. 

You must describe the records sought 

with sufficient specificity to enable the 

agency to identify and locate the 

records, including, if possible, dates, 

subjects, titles, or authors of the records 

requested. If IMLS determines that your 

request does not reasonably describe the 

requested records, the agency will 

advise you what additional information 

is required to perfect your request, or 

why your request is otherwise 

insufficient. You should also indicate if 

you have a preferred form or format in 

which you would like to receive the 

requested records. 

(c) Electronic format records. IMLS 

will provide the responsive records in 

the form or format you request if the 

records are readily reproducible by 

IMLS in that form or format. IMLS will 

make reasonable efforts to maintain its 

records in forms or formats that are 

reproducible for the purpose of 

disclosure. IMLS may disclose records 

in electronic format if the records can be 

downloaded or transferred intact 

through electronic media currently in 

use by the agency. In responding to a 

request for records, IMLS will make 

reasonable efforts to search for the 

records in electronic form or format, 

except where such efforts would 

significantly interfere with the operation 

of the agency’s automated information 

system(s). 

(d) Date of receipt. IMLS considers a 

request that complies with paragraphs 

(a) and (b) of this section to be a 

perfected request. The agency considers 

a request to be received on the date that 

the request is perfected. 

§ 1184.4 When will I receive a response to 

my request? 

(a) Responses within 20 working days. 

IMLS will ordinarily grant, partially 

grant, or deny your request for records 

within 20 working days after receiving 

a perfected request. 

(b) Extensions of response time in 

‘‘unusual circumstances’’. (1) Where the 

time limits for processing a request 

cannot be met because of ‘‘unusual 

circumstances,’’ as defined in the FOIA, 

the FOIA Officer will notify you as soon 

as practicable in writing of the unusual 

circumstances and may extend the 

response period for up to ten (10) 

working days. (2) Where the extension 

is for more than ten (10) working days, 

the FOIA Officer will provide you with 

an opportunity either to modify the 

request so that it may be processed 

within the time limits or to arrange an 

agreed upon alternative time period for 

processing the request or a modified 

request. 

§ 1184.5 How will my request be 

processed? 

(a) Acknowledgment of requests. 

IMLS will assign a tracking number to 

your request and will advise you in 

writing of this tracking number. 

(b) Grants of requests. If IMLS decides 

to grant your request in whole or in part, 

the agency will notify you in writing. 

The notice will include any applicable 

fee and the agency will disclose records 

to you promptly upon payment of 

applicable fees. IMLS will mark or 

annotate any records disclosed in part to 

show the amount, the location, and the 

FOIA exemptions under which the 

redaction is made, unless doing so 

would harm an interest protected by an 

applicable exemption. 

(c) Denials of requests. Denials of your 

FOIA request, either whole or in part, 

will be made in writing by the FOIA 

Officer. IMLS will inform you of the 

reasons for the denial, including any 

FOIA exemption(s) applied by the 

agency in denying the request, and 

notify you of your right to appeal the 

determination as described in § 1184.6. 

§ 1184.6 How can I appeal a denial of my 

request? 

(a) Submission of an appeal. If your 

FOIA request has been denied in whole 

or in part, you may file an appeal no 

later than thirty (30) calendar days 

following the date of the notification of 

denial. Your appeal must include a 

description of the initial request, the 

reason for the appeal, and why you 

believe the agency’s response was 

incorrect. Your appeal must be in 

writing, signed, and filed with the IMLS 

Director, c/o Office of the General 

Counsel, 1800 M Street NW., 9th Floor, 

Washington, DC 20036–5802. Appeals 

may also be sent by facsimile to (202) 

653–4625. 

(b) Decisions on appeal. The Director 

of IMLS will make a determination with 

respect to your appeal within twenty 

(20) working days after the agency has 

received the appeal, except as provided 

in § 1184.4(b). If the decision on appeal 

is favorable to you, the Director of IMLS 

will take action to assure prompt 

dispatch of the records to you. If the 

decision on appeal is adverse to you, in 

whole or in part, you will be informed 

by the Director of IMLS of the reasons 

for the decision and of the provisions 

for judicial review set forth in the FOIA. 

§ 1184.7 How will fees be charged? 

(a) In general. IMLS will use the most 

efficient and least costly methods to 

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comply with FOIA requests. IMLS will 

charge fees to recover all allowable 

direct costs incurred, and may charge 

fees for searching for and reviewing 

requested records even if the records are 

determined to be exempt from 

disclosure or cannot be located. IMLS 

will charge fees in accordance with the 

category of the FOIA requester. 

(1) Commercial use requests. IMLS 

will assess charges to recover the full 

direct cost of searching for, reviewing 

and duplicating the requested records. 

IMLS may recover the cost of searching 

for and reviewing records even if there 

is ultimately no disclosure. 

(2) Requests from educational and 

non-commercial scientific institutions. 

IMLS will charge for duplication costs. 

(3) Requests by representatives of the 

news media. IMLS will charge for 

duplication costs. 

(4) All other requests. IMLS will 

assess charges to recover the full direct 

cost for searching for and duplicating 

the requested records. 

(5) Status of Requester. IMLS’ 

decision regarding the categorization of 

a requester will be made on a case-bycase basis based upon the requester’s 

intended use of the requested records. 

(b) General fee schedule. The 

following fees will be charged in 

accordance with paragraph (a) of this 

section. 

(1) Manual search fee. The fee 

charged will be the salary rate(s) (i.e., 

basic pay plus 16.1 percent) of the 

employee(s) conducting the search. 

(2) Computer search fee. The fee 

charged will be the actual direct cost of 

providing the service including the cost 

of operating the central processing unit 

for the operating time that is directly 

attributed to searching for records 

responsive to a request and the 

operator/programmer salary 

apportionable to the search. 

(3) Review fee. The fee charged will 

equal the salary rate(s) (i.e., basic pay 

plus 16.1 percent) of the employee(s) 

conducting the review. 

(4) Duplication fee. Copies of records 

photocopied on an 81⁄2 x 11 inch sheet 

of paper will be provided at $.10 per 

page. For duplication of other materials, 

the charge will be the direct cost of 

duplication. 

(c) Restrictions on charging fees. 

(1) Except for records provided in 

response to a commercial use request, 

the first 100 pages of duplication and 

the first two (2) hours of search time 

will be provided at no charge. 

(2) Fees will not be charged to any 

requester, including commercial use 

requesters, if the total amount 

calculated under this section is less than 

$25. 

(d) Fees likely to exceed $25. If the 

total fee charges are likely to exceed 

$25, IMLS will notify you of the 

estimated amount of the charges, unless 

you have indicated in advance that you 

are willing to pay higher fees and will 

offer you an opportunity to confer with 

the FOIA Public Liaison to revise the 

request to meet your needs at a lower 

cost. 

(e) Waiver or reduction of fees. 

(1) IMLS will disclose records without 

charge or at a reduced charge if the 

agency determines that disclosure of the 

information is in the public interest 

because it is likely to contribute 

significantly to public understanding of 

the operations or activities of the 

government and is not primarily in the 

commercial interest of the requester. 

(2) IMLS will use the following factors 

to determine whether a fee will be 

waived or reduced: 

(i) The subject of the request. Whether 

the subject of the requested records 

concerns the ‘‘operations or activities of 

the government’’; 

(ii) The informative value of the 

information to be disclosed. Whether 

the disclosure is ‘‘likely to contribute’’ 

to an understanding of government 

operations or activities; 

(iii) The contribution to an 

understanding of the subject by the 

general public likely to result from 

disclosure. Whether disclosure of the 

requested information will contribute to 

‘‘public understanding’’; 

(iv) The significance of the 

contribution to public understanding. 

Whether disclosure is likely to 

contribute ‘‘significantly’’ to public 

understanding of government operations 

or activities; 

(v) The existence and magnitude of a 

commercial interest. Whether you have 

a commercial interest that would be 

furthered by the disclosure; and if so 

(vi) The primary interest in 

disclosure. Whether the magnitude of 

your commercial interest is sufficiently 

large in comparison with the public 

interest in disclosure, that disclosure is 

primarily in the your commercial 

interest. 

(f) Assessment and collection of fees. 

(1) If you fail to pay your bill within 

thirty (30) days, interest will accrue 

from the date the bill was mailed, and 

will be assessed at the rate prescribed in 

31 U.S.C. 3717. 

(2) If IMLS reasonably believes that 

you are attempting to divide a request 

into a series of requests to avoid the 

assessment of fees, the agency may 

aggregate such requests and charge 

accordingly. 

(3) Advance payment. Advance 

payment of fees will generally not be 

required. IMLS may request an advance 

payment of the fee, however, if: (i) The 

charges are likely to exceed $250; or (ii) 

you have failed previously to pay a fee 

in a timely fashion. When IMLS 

requests an advance payment, the time 

limits described in section (a)(6) of the 

FOIA will begin only after IMLS has 

received full payment. 

(g) Failure to comply. In the absence 

of unusual or exceptional 

circumstances, IMLS will not assess fees 

if the agency fails to comply with any 

time limit set forth in these regulations. 

(h) Waivers. IMLS may waive fees in 

other circumstances solely at its 

discretion, consistent with 5 U.S.C. 552. 

§ 1184.8 What are IMLS’ policies regarding 

disclosure of business information? 

(a) In general. Business information 

obtained by IMLS from a submitter will 

be disclosed under FOIA only under 

this section. 

(b) Definitions. For purposes of this 

section, the following definitions apply: 

(1) Business information. Commercial 

or financial information obtained by 

IMLS from a submitter that may be 

protected from disclosure under 

Exemption 4 of FOIA. 

(2) Submitter. Any person or entity 

from whom IMLS obtains business 

information, directly or indirectly. The 

term includes corporations; state, local 

and tribal governments; and foreign 

governments. 

(c) Designation of business 

information. A submitter of business 

information will use good-faith efforts to 

designate, either at the time of 

submission or at a reasonable time 

thereafter, any portions of its 

submission that it considers to be 

protected from disclosure under 

Exemption 4. These designations will 

expire ten years after the date of the 

submission unless the submitter 

requests, and provides justification for, 

a longer designation period. 

(d) Notice to submitters. When 

required under paragraph (e) of this 

section, subject to the exceptions in 

paragraph (h) of this section, IMLS will 

provide a submitter with prompt written 

notice of a FOIA request or 

administrative appeal that seeks its 

business information, in order to give 

the submitter an opportunity to object to 

disclosure of any specified portion of 

that information. The notice will either 

describe the business information 

requested or include copies of the 

requested records or record portions 

containing the information. When 

notification of a voluminous number of 

submitters is required, notification may 

be made by posting or publishing the 

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22506 Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Proposed Rules 

notice in a place reasonably likely to 

accomplish it. 

(e) Where notice is required. IMLS 

will give notice to a submitter wherever: 

(1) The information has been 

designated in good faith by the 

submitter as information considered 

protected from disclosure under 

Exemption 4; or 

(2) IMLS has reason to believe that the 

information may be protected from 

disclosure under Exemption 4. 

(f) Opportunity to object to disclosure. 

IMLS will allow a submitter a 

reasonable time to respond to the notice 

described in paragraph (d) of this 

section and will specify that time period 

within the notice. If a submitter has any 

objection to disclosure, it must submit 

a detailed written statement to IMLS. 

The statement must specify all grounds 

for withholding any portion of the 

information under any exemption of 

FOIA and, in the case of Exemption 4, 

it must show why the information is a 

trade secret or commercial or financial 

information that is privileged or 

confidential. If a submitter fails to 

respond to the notice within the time 

specified, the submitter will be 

considered to have no objection to 

disclosure of the information. 

Information provided by the submitter 

that is not received by IMLS until after 

the agency’s disclosure decision has 

been made will not be considered by 

IMLS. Information provided by a 

submitter under this paragraph may 

itself be subject to disclosure under 

FOIA. 

(g) Notice of intent to disclose. IMLS 

will consider a submitter’s objections 

and specific grounds for nondisclosure 

in deciding whether to disclose business 

information. If IMLS decides to disclose 

business information over the objection 

of a submitter, IMLS will give the 

submitter written notice, which will 

include: 

(1) A statement of the reason(s) why 

each of the submitter’s disclosure 

objections was not sustained; 

(2) A description of the business 

information to be disclosed; and 

(3) A specified disclosure date, which 

will be a reasonable time subsequent to 

the notice. 

(h) Exceptions to notice requirements. 

The notice requirements of paragraphs 

(d) and (g) of this section will not apply 

if: 

(1) IMLS determines that the 

information should not be disclosed; 

(2) The information lawfully has been 

published or has been officially made 

available to the public; 

(3) Disclosure of the information is 

required by statute (other than FOIA) or 

by a regulation issued in accordance 

with the requirements of Executive 

Order 12600; or 

(4) The designation made by the 

submitter under paragraph (c) of this 

section appears obviously frivolous— 

except that, in such a case, IMLS will, 

within a reasonable time prior to a 

specified disclosure date, give the 

submitter written notice of any final 

decision to disclose the information. 

(i) Notice of FOIA lawsuit. If a 

requester files a lawsuit seeking to 

compel the disclosure of business 

information, IMLS will promptly notify 

the submitter of the filing of the lawsuit. 

(j) Corresponding notice to requesters. 

If IMLS provides a submitter with notice 

and an opportunity to object to 

disclosure under paragraph (d) of this 

section, IMLS will also notify the 

requester(s). If IMLS notifies a submitter 

of its intent to disclose requested 

information under paragraph (g) of this 

section, IMLS will also notify the 

requester(s). If a submitter files a lawsuit 

seeking to prevent the disclosure of 

business information, IMLS will notify 

the requester(s) of the filing of the 

lawsuit. 

§ 1184.9 Disclaimer. 

Nothing in these regulations will be 

construed to entitle any person, as a 

right, to any service or to the disclosure 

of any record to which such person is 

not entitled under FOIA. 

Signed: April 9, 2013. 

Nancy E. Weiss, 

General Counsel. 

[FR Doc. 2013–08890 Filed 4–15–13; 8:45 am] 

BILLING CODE 7036–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket Nos. FWS–R2–ES–2012–0064; 

FWS–R2–ES–2013–0027; 4500030113] 

RIN 1018–AX74; RIN 1018–AZ49 

Endangered and Threatened Wildlife 

and Plants; Listing as Endangered and 

Threatened and Designation of Critical 

Habitat for Texas Golden Gladecress 

and Neches River Rose-Mallow 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public comment period 

on the September 11, 2012, proposed 

endangered status for the Texas golden 

gladecress and threatened status for the 

Neches River rose-mallow under the 

Endangered Species Act of 1973, as 

amended (Act). We also announce the 

reopening of comment on the September 

11, 2012, proposed designation of 

critical habitat for these species and the 

availability of a draft economic analysis 

of the proposed designation of critical 

habitat for both species as well as an 

amended required determinations 

section in the proposed rule. We are 

reopening the comment period to allow 

all interested parties an opportunity to 

comment simultaneously on the 

proposed rule, the associated draft 

economic analysis, and the amended 

required determinations section. 

Comments previously submitted need 

not be resubmitted, as they will be fully 

considered in preparation of the final 

rule. 

DATES: We will consider comments 

received or postmarked on or before 

May 16, 2013. Comments submitted 

electronically using the Federal 

eRulemaking Portal (see ADDRESSES

section, below) must be received by 

11:59 p.m. Eastern Time on the closing 

date. Any comments that we receive 

after the closing date may not be 

considered in the final decision on this 

action. 

Public informational session and 

public hearing: We will hold a public 

hearing on this proposed rule in 

Nacogdoches, Texas, on May 1, 2013, 

from 7 p.m. to 8:30 p.m. (see 

ADDRESSES), preceded by a public 

informational session beginning at 5:30 

p.m. 

ADDRESSES:

Document availability: You may 

obtain copies of the proposed rule and 

draft economic analysis on the internet 

at http://www.regulations.gov at Docket 

No. FWS–R2–ES–2012–0064 and Docket 

No. FWS–R2–ES–2013–0027, 

respectively. You may also request by 

mail from the Corpus Christi Ecological 

Services Office (see FOR FURTHER

INFORMATION CONTACT). 

Comment submission: You may 

submit written comments by one of the 

following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Submit comments 

on the listing proposal to Docket No. 

FWS–R2–ES–2012–0064, and submit 

comments on the critical habitat 

proposal and associated draft economic 

analysis to Docket No. FWS–R2–ES– 

2013–0027. See SUPPLEMENTARY

INFORMATION for an explanation of the 

two dockets. 

(2) By hard copy: Submit comment on 

the listing proposal by U.S. mail or 

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