39588 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations 

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to Title 14 Code of 

Federal Regulations (14 CFR) part 71 

modifies Class E airspace extending 

upward from 700 feet above the surface 

to within a 6.8-mile radius (increased 

from a 6.7-mile radius) at Capital Region 

International Airport (formerly Capital 

City Airport), Lansing, MI; removes the 

extension to the east of the airport 

associated with the ARTDA LOM; adds 

an extension within 2.0 miles each side 

of the 091° bearing from the airport from 

the 6.8-mile radius to 10.4 mile east of 

the airport; and adds an extension 

within 4.0 miles each side of the 233° 

from the airport from the 6.8-mile radius 

to 10.5 miles southwest of the airport. 

The name of the airport is also 

updated from Capital City Airport to 

Capital Region International Airport, 

and the geographic coordinates of the 

airport are updated to coincide with the 

FAA’s aeronautical database. 

Additionally, an editorial change is 

made removing the name of the city 

associated with the airport in the 

airspace legal designation to comply 

with a recent change to FAA Order 

7400.2L, Procedures for Handling 

Airspace Matters. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11B, 

Airspace Designations and Reporting 

Points, dated August 3, 2017, and 

effective September 15, 2017, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above The Surface of The Earth. 

* * * * * 

AGL MI E5 Lansing, MI [Amended] 

Capital Region International Airport, MI 

(Lat. 42°46′43′′ N, long. 84°35′10′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.8-mile 

radius of Capital Region International 

Airport, and within 2.0 miles each side of the 

091° bearing from the airport extending from 

the 6.8-mile radius to 10.4 mile east of the 

airport, and within 4.0 miles each side of the 

233° bearing from the airport extending from 

the 6.8-mile radius to 10.5 miles southwest 

of the airport. 

Issued in Fort Worth, Texas, on July 30, 

2018. 

Walter Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2018–17100 Filed 8–9–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Office of the Secretary 

15 CFR Part 4 

[160801675–7593–02] 

RIN 0605–AA45 

Public Information, Freedom of 

Information Act and Privacy Act 

Regulations 

AGENCY: Department of Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the 

Department of Commerce’s 

(Department) regulations under the 

Freedom of Information Act (FOIA) and 

Privacy Act. The FOIA regulations are 

being revised to clarify, update and 

streamline the language of several 

procedural provisions, including 

methods for submitting FOIA requests 

and appeals and the time limits for 

filing an administrative appeal, and to 

incorporate certain changes brought 

about by the amendments to the FOIA 

under the FOIA Improvement Act of 

2016. Additionally, the FOIA 

regulations are being updated to reflect 

developments in the case law. 

DATES: These amendments are effective 

August 10, 2018. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael J. Toland, Deputy Chief 

Freedom of Information Act Officer and 

Department Privacy Act Officer, Office 

of Privacy and Open Government, 1401 

Constitution Ave. NW, Room 61013, 

Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background Information 

On February 6, 2018, the Department 

published a proposed rule revising its 

existing regulations under the FOIA and 

Privacy Act. See 83 FR 5215. This rule 

proposed revisions to the Department’s 

regulations under the Freedom of 

Information Act to incorporate certain 

changes made to the FOIA, 5 U.S.C. 552, 

by the FOIA Improvement Act of 2016, 

Public Law 114–185, 130 Stat. 538 (June 

30, 2016). The FOIA Improvement Act 

of 2016 provides that agencies must 

allow a minimum of 90 days for 

requesters to file an administrative 

appeal. The Act also requires that 

agencies notify requesters of the 

availability of dispute resolution 

services at various times throughout the 

FOIA process. This rule updated the 

Department’s regulations in 15 CFR part 

4, subpart A, to reflect those statutory 

changes. Additionally, this rule revises 

the Department’s regulations under the 

FOIA to clarify, update and streamline 


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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations 39589 

1Comment topics included discussions about 

infrastructure gas pipelines, clean water issues, air 

quality, environmental regulations, and mining. 

the language of several procedural 

provisions, including the methods for 

submitting FOIA requests and appeals, 

to reflect developments in the case law 

and to keep the regulations up to date 

with small administrative changes. 

Public Comments 

Interested persons were afforded the 

opportunity to participate in the 

rulemaking process through submission 

of written comments to the proposed 

rule during the 30-day open comment 

period. The Department received 

twenty-four public submissions in 

response to the proposed rulemaking. 

Due consideration was given to each 

comment received and a determination 

was made that twenty-three of the 

comments were not relevant to the 

proposed rule.1 The Department 

adopted the twenty-fourth comment to 

enable a more efficient FOIA process. 

Section 4.10 (Appeals From Initial 

Determinations or Untimely Delays) 

One commenter offered that the 

proposed regulations should comply 

with guidance from the U.S. Department 

of Justice’s Office of Information Policy 

(OIP) directing agencies—as part of the 

agency’s final appeal determination—to 

also alert FOIA requesters of OGIS’s 

mediation services as a nonexclusive 

alternative to litigation. The Department 

accepts this suggestion and updates 

§ 4.10(f) with language that follows the 

aforementioned OIP guidance. 

The same commenter further 

recommended that the Department add 

language to § 4.10(f), which clarifies for 

requesters the difference between formal 

mediation and the services OGIS 

provides. The Department also agrees 

with this suggestion and updates 

§ 4.10(f) with appropriate clarifying 

language. 

Classification 

Executive Order 12866: It has been 

determined that this document is not 

significant for purposes of E.O. 12866. 

Regulatory Flexibility Act: In 

accordance with the Regulatory 

Flexibility Act (5 U.S.C. 605(b)), the 

Chief Counsel for Regulation certified at 

the Proposed Rule stage that this 

regulation will not have a significant 

economic impact on a substantial 

number of small entities. The factual 

basis for this certification was published 

with the proposed rule and is not 

repeated here. No comments were 

received regarding the economic impact 

of this final rule. As a result, a final 

regulatory flexibility analysis is not 

required and one was not prepared. 

Paperwork Reduction Act: This 

document does not contain a collectionof-information requirement subject to 

the Paperwork Reduction Act (PRA). 

Notwithstanding any other provision of 

law, no person is required to respond to, 

nor shall any person be subject to a 

penalty for failure to comply with a 

collection of information subject to the 

Paperwork Reduction Act unless that 

collection displays a currently valid 

OMB Control Number. 

Dated: August 7, 2018. 

Michael J. Toland, 

Department of Commerce, Deputy Chief FOIA 

Officer, Department Privacy Act Officer. 

For the reasons stated in the 

preamble, the Department of Commerce 

amends 15 CFR part 4 as follows: 

PART 4—[AMENDED] 

■ 1. The authority citation for part 4 

continues to read as follows: 

Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 

U.S.C. 552a; 5 U.S.C. 553; 31 U.S.C. 3717; 41 

U.S.C. 3101; Reorganization Plan No. 5 of 

1950. 

Subpart A—Freedom of Information 

Act 

■ 2. Amend § 4.1 by redesignating 

paragraph (c) as (d), and by adding a 

new paragraph (c) to read as follows: 

§ 4.1 General provisions. 

* * * * * 

(c) The Department has a FOIA 

Requester Service Center with at least 

one FOIA Public Liaison. Each 

Department component may have a 

FOIA Requester Service Center with at 

least one FOIA Public Liaison. FOIA 

Public Liaisons are responsible for: 

Working with requesters that have any 

concerns about the service received 

from a FOIA component, reducing 

delays in the processing of FOIA 

requests, increasing transparency and 

understanding of the status of requests, 

and assisting in the resolution of 

disputes. Contact information for the 

relevant component FOIA Requester 

Service Centers, FOIA Public Liaisons, 

and component FOIA offices and 

contacts is available at http://

www.osec.doc.gov/opog/contacts.html. 

* * * * * 

■ 3. Amend § 4.2 by revising paragraphs 

(a) and (c) to read as follows: 

§ 4.2 Public reading rooms. 

(a) Records that the FOIA requires to 

be made available for public inspection 

and copying are accessible 

electronically through the Department’s 

‘‘Electronic FOIA Library’’ on the 

Department’s website, http://

www.doc.gov, which includes links to 

websites for those components that 

maintain Electronic FOIA Libraries. 

Each component of the Department is 

responsible for determining which of its 

records are required to be made 

available, as well as identifying 

additional records of interest to the 

public that are appropriate for 

disclosure, and for making those records 

available either in its own Electronic 

Library or in the Department’s central 

Electronic FOIA Library. Components 

that maintain their own Electronic FOIA 

Libraries are designated as such in 

Appendix A to this part. Each 

component shall also maintain and 

make available electronically a current 

subject-matter index of the records 

made available electronically. Each 

component shall ensure that posted 

records and indices are updated 

regularly, at least quarterly. 

* * * * * 

(c) The Department and its 

components shall maintain and make 

available electronically for public 

inspection: 

(1) Copies of records that have been 

released and— 

(i) That the component that maintains 

them determines, because of their 

subject matter, have become or are 

likely to become the subject of 

subsequent requests for substantially the 

same records by other requesters, or 

(ii) That have been requested three or 

more times by different requesters; 

(2) A general index of the records 

available for public inspection—for 

purposes of these regulations, a general 

index includes records available 

through a search capability on the 

Department or component’s website, 

such as a person finder; 

(3) Final opinions and orders, 

including concurring and dissenting 

opinions made in the adjudication of 

cases; 

(4) Those statements of policy and 

interpretations that have been adopted 

by a component and are not published 

in the Federal Register; and 

(5) Administrative staff manuals and 

instructions to staff that affect a member 

of the public. 

■ 4. Amend § 4.3 by revising paragraph 

(d) to read as follows: 

§ 4.3 Records under the FOIA. 

* * * * * 

(d) Components shall preserve all 

correspondence pertaining to the 

requests they receive under this subpart, 

as well as copies of all requested 

records, until disposition or destruction 


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1The United States Patent and Trademark Office 

(USPTO), which is established as an agency of the 

United States within the Department of Commerce, 

operates under its own FOIA regulations at 37 CFR 

part 102, subpart A. Accordingly, requests for 

USPTO records, and any appeals thereof, should be 

sent directly to the USPTO. 

is authorized by Title 44 of the United 

States Code or the National Archives 

and Records Administration’s General 

Records Schedule 4.2, Information 

Access and Protection Records. 

Components shall not dispose of records 

while they are the subject of a pending 

request, appeal, or lawsuit under the 

FOIA. 

■ 5. Revise § 4.4 to read as follows: 

§ 4.4 Requirements for making requests. 

(a) How made and addressed. The 

Department has a decentralized system 

for responding to FOIA requests, with 

each component designating a FOIA 

office to process records from that 

component. All components have the 

capability to receive requests 

electronically either through electronic 

mail (email) or the FOIAonline website, 

http://foiaonline.regulations.gov. A 

request for Department records that are 

not customarily made available to the 

public as part of the Department’s 

regular informational services (or 

pursuant to a user fee statute), must be 

in writing and shall be processed under 

the FOIA, regardless of whether the 

FOIA is mentioned in the request. 

Requests must include the requester’s 

full name and a valid return address. 

Requesters may also include other 

contact information, such as an email 

address and a telephone number. For 

the quickest handling, the request (and 

envelope, if the request is mailed or 

hand delivered) should be marked 

‘‘Freedom of Information Act Request.’’ 

Requests may be submitted by U.S. 

mail, delivery service, email, or online 

at the FOIAonline website, http://

foiaonline.regulations.gov. Requests 

may also be submitted to some 

components, identified in Appendix A 

to this part, by facsimile. Requests 

should be sent to the Department 

component identified in Appendix A to 

this part that maintains those records 

requested, and should be sent to the 

addresses, email addresses, or numbers 

listed in Appendix A to this part or the 

Department’s website, http://

www.doc.gov.1 If the proper component 

cannot be determined, the request 

should be sent to the central facility 

identified in Appendix A to this part. 

The central facility will forward the 

request to the component(s) it believes 

most likely to have the requested 

records. Requests will be considered 

received for purposes of the 20-day time 

limit of § 4.6 as of the date it is received 

by the proper component’s FOIA office, 

but in any event not later than ten 

working days after the request is first 

received by any Department component 

identified in Appendix A to this part. 

(b) Requests for records about an 

individual or oneself. For requests for 

records about oneself, § 4.24 contains 

additional requirements. For requests 

for records about another individual, 

either a notarized authorization signed 

by that individual or a declaration by 

that individual made under 28 U.S.C. 

1746, a law that permits statements to 

be made under penalty of perjury as a 

substitute for notarization, permitting 

disclosure of the individual’s records to 

the requester, or proof that the 

individual is deceased (for example, a 

copy of a death certificate or an 

obituary) will facilitate processing the 

request. 

(c) Description of records sought. (1) 

A FOIA request must reasonably 

describe the agency records sought, to 

enable Department personnel to locate 

them with a reasonable amount of effort. 

(2) Whenever possible, a request 

should include specific information 

about each record sought, such as the 

date, title or name, author, recipient, 

subject matter of the record, case 

number, file designation, or reference 

number, and the name and location of 

the office where the record(s) might be 

found. 

(i) In addition, if records about a court 

case are sought, the title of the case, the 

court in which the case was filed, and 

the nature of the case should be 

included. 

(ii) If known, any file designations or 

descriptions of the requested records 

should be included. 

(iii) As a general rule, the more 

specifically the request describes the 

records sought, the greater the 

likelihood that the Department will be 

able to locate those records. 

(3) Before submitting their requests, 

requesters may first contact the 

Department’s or the component’s FOIA 

contact to discuss the records they are 

seeking and to receive assistance in 

describing the records. 

(4) For further assistance, requesters 

may also contact the relevant FOIA 

Requester Service Center or FOIA Public 

Liaison. Contact information for 

relevant FOIA Requester Service Centers 

and FOIA Public Liaisons is contained 

on the Department’s website, http://

www.osec.doc.gov/opog/contacts.html 

and Appendix A to this part. 

(5) If a component determines that a 

request does not reasonably describe the 

records sought, it shall inform the 

requester what additional information is 

needed or how the request is otherwise 

insufficient, to enable the requester to 

modify the request to meet the 

requirements of this section. 

(6) Requesters who are attempting to 

reformulate or modify such a request 

may discuss their request first with the 

relevant FOIA Contact, or if unresolved, 

with the relevant Requester Service 

Center or FOIA Public Liaison to 

discuss the records they are seeking and 

to receive assistance in describing the 

records. 

(7) When a requester fails to provide 

sufficient detail within 30 calendar days 

after having been asked to reasonably 

describe the records sought, the 

component shall notify the requester in 

writing that the request has not been 

properly made, that no further action 

will be taken, and that the FOIA request 

is closed. Such a notice constitutes an 

adverse determination under § 4.7(d) for 

which components shall follow the 

procedures for a denial letter under 

§ 4.7(e). 

(8) In cases where a requester has 

modified his or her request, the date of 

receipt for purposes of the 20-day time 

limit of § 4.6 shall be the date of receipt 

of the modified request. 

■ 6. Amend § 4.5 by revising paragraphs 

(a), (b), and (c) to read as follows: 

§ 4.5 Responsibility for responding to 

requests. 

(a) In general. Except as stated in 

paragraph (b) of this section, the proper 

component of the Department to 

respond to a request for records is the 

component that first receives the request 

and has responsive records (or in the 

instance of where no records exist, the 

component that first receives the request 

and is likely to have responsive 

records), or the component to which the 

Departmental FOIA Officer or 

component FOIA Officer assigns lead 

responsibility for responding to the 

request. Where a component’s FOIA 

office determines that a request was 

misdirected within the Department, the 

receiving component’s FOIA office shall 

route the request to the FOIA office of 

the proper component(s). Records 

responsive to a request shall include 

those records within the Department’s 

possession and control as of the date the 

Department begins its search for them. 

A record that is excluded from the 

requirements of the FOIA pursuant to 5 

U.S.C. 552(c), is not considered 

responsive to a request. 

(b) Consultations and referrals. When 

the Department or a component receives 

a request for a record (or a portion 

thereof) in its possession that originated 

with another Departmental component 

or Federal agency subject to the FOIA, 


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the Department or component should 

typically refer the record to the 

component or originating agency for 

direct response to the requester (see 

§ 4.8 for additional information about 

referrals of classified information). 

When the Department or a component 

receives a request for a record (or a 

portion thereof) in its possession that 

originated with another Departmental 

component, Federal agency, or 

executive branch office that is not 

subject to the FOIA, the Department or 

component shall consult with that 

component, Federal agency, or 

executive branch office before 

responding to the requester. In instances 

where a record is requested that 

originated with the Department or 

component and another component, 

Federal agency, or executive branch 

office has substantial interest in the 

record (or a portion thereof), the 

Department or component should 

typically consult with that component, 

Federal agency, or executive branch 

office before responding to the 

requester. 

(c) Notice of referral. Whenever a 

component refers a record to another 

Federal agency or Department 

component for direct response to the 

requester, the component’s FOIA Officer 

should typically notify the requester in 

writing of the referral and inform the 

requester of the name(s) of the agency or 

Department component to which the 

record was referred, including that 

agency’s or component’s FOIA contact 

information. The standard referral 

procedure is not appropriate where 

disclosure of the identity of the agency 

or Department component to which the 

referral would be made could harm an 

interest protected by an applicable 

exemption, such as the exemptions that 

protect personal privacy or national 

security interests. For example, if a nonlaw enforcement agency responding to a 

request for records on a living third 

party locates within its files records 

originating with a law enforcement 

agency, and if the existence of that law 

enforcement interest in the third party 

were not publicly known, then to 

disclose that law enforcement interest 

by providing notice of a referral could 

cause an unwarranted invasion of the 

personal privacy of the third party. In 

such cases, the agency that received the 

request should consult with the 

originating agency to seek its views on 

the disclosability of the record and the 

release determination should then be 

conveyed to the requester by the agency 

that originally received the request. 

* * * * * 

■ 7. Amend § 4.6 by revising paragraphs 

(d)(1), (d)(2), and (e)(1) to read as 

follows: 

§ 4.6 Time limits and expedited 

processing. 

* * * * * 

(d) * * * 

(1) Components may extend the time 

period for processing a FOIA request 

only in ‘‘unusual circumstances,’’ as 

described in paragraph (d)(2) of this 

section, in which the component shall, 

before expiration of the twenty-day 

period to respond, notify the requester 

of the extension in writing of the 

unusual circumstances involved and the 

date by which processing of the request 

is expected to be completed. If the 

extension is for more than ten working 

days, the component shall provide the 

requester with an opportunity to modify 

the request or agree to an alternative 

time period for processing the original 

or modified request. Furthermore, the 

requester will be advised that the 

relevant FOIA Public Liaison or FOIA 

contact is available for this purpose and 

of the requester’s right to seek dispute 

resolution services from the Office of 

Government Information Services 

(OGIS). 

(2) For purposes of this section, 

‘‘unusual circumstances’’ include: 

(i) The need to search for and collect 

the requested agency records from field 

facilities or other establishments that are 

separate from the office processing the 

request; 

(ii) The need to search for, collect, 

and appropriately examine a 

voluminous amount of separate and 

distinct records that are the subject of a 

single request; or 

(iii) The need to consult, which shall 

be conducted with all practicable speed, 

with another Federal agency having a 

substantial interest in the determination 

of the FOIA request or with another 

component of the Department which 

has a substantial interest in the 

determination of the request. 

* * * * * 

(e) * * * 

(1) A component must use two or 

more processing tracks by 

distinguishing between simple and 

more complex requests based on the 

amount of work and/or time needed to 

process the request, including the 

amount of pages involved, the need to 

consult with or refer to other agencies 

or Department components or for 

commercial confidential information to 

a third party, or whether the request 

qualifies for unusual circumstances as 

described in paragraph (d)(2) of this 

section, and whether the request 

qualifies for expedited processing as 

described in paragraph (f) of this 

section. 

* * * * * 

■ 8. Revise § 4.7 to read as follows: 

§ 4.7 Responses to requests. 

(a) Acknowledgment of requests. 

Upon receipt of a request, a component 

ordinarily shall send an 

acknowledgement to the requester 

which shall provide an assigned 

tracking request number for further 

reference and, if necessary, confirm 

whether the requester is willing to pay 

fees. A component must send this 

acknowledgment if the request will take 

longer than ten working days to process. 

In most cases, the acknowledgement 

email, generated by the FOIAonline 

system, that is sent to requesters who 

provide an email address will suffice for 

this requirement. 

(b) Interim responses. If a request 

involves voluminous records or requires 

searches in multiple locations, to the 

extent feasible, a component shall 

provide the requester with interim 

responses. Such responses may include 

records that are fully releasable or 

records that have been withheld in part 

under one or more applicable FOIA 

exemptions set forth at 5 U.S.C. 552(b). 

Bureaus will make reasonable efforts to 

provide to requesters an estimated date 

when a determination will be provided. 

An interim response is not a 

determination and appeal rights need 

not be provided with the interim 

response. 

(c) Determination—(1) Grants of 

requests. If a component makes a 

determination to grant a request in 

whole or in part, it shall notify the 

requester in writing of such 

determination. 

(i) A component shall inform the 

requester: 

(A) Of any fees charged under § 4.11; 

and 

(B) That the requester may contact the 

relevant FOIA Public Liaison or FOIA 

contact for further assistance. 

(ii) The component shall also disclose 

records to the requester promptly upon 

payment of any applicable fees. 

(iii) Records disclosed in part shall be 

marked or annotated to show the 

applicable FOIA exemption(s) and the 

amount of information deleted, unless 

doing so would harm an interest 

protected by an applicable exemption. 

The location of the information deleted 

shall also be indicated on the record, if 

feasible. 

(2) Adverse determinations of 

requests. If a component makes an 

adverse determination regarding a 

request, it shall notify the requester of 

that determination in writing. 


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39592 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations 

(i) An adverse determination may be 

a denial of a request and includes 

decisions that: 

(A) The requested record is exempt, in 

whole or in part. 

(B) The request does not reasonably 

describe the records sought and the 

requester is unwilling to further clarify 

the request. 

(C) The information requested is not 

a record subject to the FOIA. 

(D) The requested record does not 

exist, cannot be located, or has 

previously been destroyed. 

(E) The requested record is not readily 

reproducible in the form or format 

sought by the requester. 

(ii) Adverse determinations may also 

include: 

(A) Denials of requested fee category 

status. 

(B) Denials of requests for fee waivers. 

(C) Denials of requests for expedited 

processing. 

(D) Denials of requests for reduction 

of fees. 

(3) Content of denial. The denial letter 

shall be signed by an official listed in 

Appendix B to this part (or a designee), 

and shall include: 

(i) The name and title or position of 

the person responsible for the denial; 

(ii) A brief statement of the reason(s) 

for the denial, including any FOIA 

exemption(s) applied by the component 

in denying the request; 

(iii) An estimate of the volume of any 

records or information withheld, by 

providing the number of pages or some 

other reasonable form of estimation. 

This estimate is not required if the 

volume is otherwise indicated by 

deletions marked on records that are 

disclosed in part, or if providing an 

estimate would harm an interest 

protected by an applicable FOIA 

exemption; 

(iv) A statement advising the 

requester of the right to seek dispute 

resolution services from the Department 

FOIA Public Liaison, the relevant 

component FOIA Public Liaison or 

FOIA contact, or OGIS; and 

(v) A statement that the denial may be 

appealed under § 4.10, and a list of the 

requirements for filing an appeal set 

forth in § 4.10(b). 

■ 9. Revise § 4.9 to read as follows: 

§ 4.9 Confidential commercial information. 

(a) Definitions. For the purposes of 

this section: 

(1) Confidential commercial 

information means commercial or 

financial information, obtained by the 

Department from a submitter, which 

may be protected from disclosure under 

FOIA exemption (b)(4) (5 U.S.C. 

552(b)(4)). 

(2) Submitter means any person or 

entity outside the Federal Government 

from which the Department obtains 

confidential commercial information, 

directly or indirectly. The term includes 

U.S. or foreign persons, U.S. or foreign 

corporations; state, local and tribal 

governments; and foreign governments. 

(b) Designation of confidential 

commercial information. A submitter of 

confidential commercial information 

should be encouraged to use good-faith 

efforts to designate, by appropriate 

markings, 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 FOIA 

exemption (b)(4). These designations 

will expire ten years after the date of the 

submission unless the submitter 

requests, and provides justification for, 

a longer period. 

(c) Notice to submitters. (1) A 

component shall provide a submitter 

with prompt written notice of a FOIA 

request or administrative appeal that 

seeks its confidential commercial 

information whenever required under 

paragraph (d) of this section, except as 

provided in paragraph (g) of this 

section, in order to give the submitter an 

opportunity under paragraph (e) of this 

section to object to disclosure of any 

specified portion of that information. 

(2) Such written notice shall be sent 

via certified mail, return receipt 

requested, or similar means. 

(3) Where notification of a 

voluminous number of submitters is 

required, such notification may be 

accomplished by posting or publishing 

the notice in a place reasonably 

calculated to accomplish notification. 

(4) The notice shall either describe the 

confidential commercial information 

requested or include copies of the 

requested records or portions of the 

records containing the information. If 

notification of a large number of 

submitters is required, notification may 

be made by posting or publishing the 

notice in a place reasonably likely to 

accomplish notification, instead of 

sending individual notifications. 

(d) When notice is required. Notice 

shall be given to the submitter 

whenever: 

(1) The submitter has designated the 

information in good faith as protected 

from disclosure under FOIA exemption 

(b)(4); or 

(2) The component has reason to 

believe that the information may be 

protected from disclosure under FOIA 

exemption (b)(4), but has not yet 

determined whether the information is 

protected from disclosure. 

(e) Opportunity to object to disclosure. 

A component shall allow a submitter 

seven working days (i.e., excluding 

Saturdays, Sundays, and legal public 

holidays) from the date of receipt of the 

written notice described in paragraph 

(c) of this section to provide the 

component with a statement of any 

objection to disclosure. A FOIA Officer 

may extend the comment period from 

seven to ten working days, if a submitter 

requests an extension. The statement 

from a submitter must identify any 

portions of the information the 

submitter requests to be withheld under 

FOIA exemption (b)(4), and describe 

how each qualifies for protection under 

the exemption: That is, 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 a submitter provides under 

this paragraph may itself be subject to 

disclosure under the FOIA. 

(f) Notice of intent to disclose. A 

component shall consider a submitter’s 

objections and specific grounds under 

the FOIA for nondisclosure in deciding 

whether to disclose confidential 

commercial information. If a component 

decides to disclose confidential 

commercial information over a 

submitter’s objection, the component 

shall give the submitter written notice 

via certified mail, return receipt 

requested, or similar means, which shall 

include: 

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

submitter’s objections to disclosure 

were not sustained; 

(2) A description of the confidential 

commercial information to be disclosed; 

and 

(3) A statement that the component 

intends to disclose the information 

seven working days, or ten working 

days if an extension is granted, from the 

date the submitter receives the notice. 

(g) Exceptions to notice requirements. 

The notice requirements of paragraphs 

(c) and (f) of this section shall not apply 

if: 

(1) The component determines that 

the information is exempt and will be 

withheld under a FOIA exemption; 

(2) The information has been lawfully 

published or has been officially made 

available to the public; 

(3) Disclosure of the information is 

required by statute (other than the 

FOIA) or by a regulation issued in 

accordance with Executive Order 12600; 

or 

(4) The designation made by the 

submitter under paragraph (b) of this 


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section appears obviously frivolous, 

except that, in such a case, the 

component shall provide the submitter 

written notice of any final decision to 

disclose the information seven working 

days after the date the submitter 

receives the notice. 

(h) Notice to submitter of FOIA 

lawsuit. Whenever a requester files a 

lawsuit seeking to compel the disclosure 

of confidential commercial information, 

the component shall promptly notify the 

submitter. Where notification of a 

voluminous number of submitters is 

required, such notification may be 

accomplished by posting or publishing 

the notice in a place reasonably 

calculated to accomplish notification. 

(i) Corresponding notice to requester. 

Whenever a component provides a 

submitter with notice and an 

opportunity to object to disclosure 

under paragraph (c) of this section, the 

component shall notify the requester 

that the request is being processed 

under the provisions of this regulation 

and, as a consequence, there may be a 

delay in receiving a response. The 

notice to the requester will not include 

any of the specific information 

contained in the records being 

requested. Whenever a submitter files a 

lawsuit seeking to prevent the 

disclosure of confidential commercial 

information, the component shall notify 

the requester of such action and, as a 

consequence, there may be further delay 

in receiving a response. 

■ 10. Amend § 4.10 by revising 

paragraphs (a), (b), (c), (d), and (f)(3) and 

(4), and adding paragraph (f)(5), to read 

as follows: 

§ 4.10 Appeals from initial determinations 

or untimely delays. 

(a)(1) If a request for records to a 

component other than the Office of 

Inspector General is initially denied in 

whole or in part, or has not been timely 

determined, or if a requester receives an 

adverse determination regarding any 

other matter listed under this subpart 

(as described in § 4.7(c)), the requester 

may file an appeal. Appeals can be 

submitted in writing or electronically, 

as described in paragraph (b)(1) of this 

section. For requests filed on or after 

July 1, 2016, the appeal must be 

received by the Office of the General 

Counsel during normal business hours 

(8:30 a.m. to 5:00 p.m., Eastern Time, 

Monday through Friday) within 90 

calendar days of the date of the written 

denial of the adverse determination or, 

if there has been no determination, an 

appeal may be submitted any time after 

the due date of the request, including 

the last extension under § 4.6(d), of a 

request due date. Written or electronic 

appeals arriving after normal business 

hours will be deemed received on the 

next normal business day. If the 90th 

calendar day falls on a Saturday, 

Sunday, or a legal public holiday, an 

appeal received by 5:00 p.m., Eastern 

Time, the next business day will be 

deemed timely. Appeals received after 

the 90-day limit will not be considered. 

(2) If a request for records to the 

Office of Inspector General is initially 

denied in whole or in part, or has not 

been timely determined, or if a requester 

receives an adverse determination 

regarding any other matter listed under 

this subpart (as described in § 4.7(c)), 

the requester may file an appeal. 

Appeals can be submitted in writing or 

electronically, as described in paragraph 

(b)(2) of this section. For requests 

submitted on or after July 1, 2016, the 

appeal must be received by the Office of 

Inspector General, Office of Counsel, 

during normal business hours (8:30 a.m. 

to 5:00 p.m., Eastern Time, Monday 

through Friday) within 90 calendar days 

of the date of the written denial of the 

adverse determination or, if there has 

been no determination, an appeal may 

be submitted any time after the due 

date, including the last extension under 

§ 4.6(d), of the adverse determination. 

Written or electronic appeals arriving 

after normal business hours will be 

deemed received on the next normal 

business day. If the 90th calendar day 

falls on a Saturday, Sunday, or a legal 

public holiday, an appeal received by 

5:00 p.m., Eastern Time, the next 

business day will be deemed timely. 

Appeals received after the 90-day limit 

will not be considered. 

(b)(1) Appeals, other than appeals 

from requests made to the Office of 

Inspector General, shall be decided by 

the Assistant General Counsel for 

Employment, Litigation, and 

Information (AGC–ELI). Written appeals 

should be addressed to the Assistant 

General Counsel for Employment, 

Litigation, and Information, at the U.S. 

Department of Commerce, Office of the 

General Counsel, Room 5896, 1401 

Constitution Avenue NW, Washington, 

DC 20230. For a written appeal, both the 

letter and the appeal envelope should be 

clearly marked ‘‘Freedom of Information 

Act Appeal.’’ Appeals may also be 

submitted electronically either by email 

to FOIAAppeals@doc.gov or online at 

the FOIAonline website, http://

foiaonline.regulations.gov, if requesters 

have a FOIAonline account. In all cases, 

the appeal (written or electronic) should 

include a copy of the original request 

and initial denial, if any. All appeals 

should include a statement of the 

reasons why the records requested 

should be made available and why the 

adverse determination was in error. No 

opportunity for personal appearance, 

oral argument or hearing on appeal is 

provided. Upon receipt of an appeal, 

AGC–ELI ordinarily shall send an 

acknowledgement letter to the requester 

which shall confirm receipt of the 

requester’s appeal. 

(2) Appeals of initial and untimely 

determinations by the Office of 

Inspector General shall be decided by 

the Counsel to the Inspector General, 

except that appeals of records requests 

that were initially denied by the 

Counsel to the Inspector General shall 

be decided by the Deputy Inspector 

General. Written appeals should be 

addressed to the Counsel to the 

Inspector General, or the Deputy 

Inspector General if the records were 

initially denied by the Counsel to the 

Inspector General. The address of both 

is: U.S. Department of Commerce, Office 

of the Inspector General, Office of 

Counsel, Room 7898C, 1401 

Constitution Avenue NW, Washington, 

DC 20230. For a written appeal, both the 

letter and the appeal envelope should be 

clearly marked ‘‘Freedom of Information 

Act Appeal.’’ Appeals may also be 

submitted electronically either by email 

to FOIA@oig.doc.gov or online at the 

FOIAonline website, http://

foiaonline.regulations.gov, if requesters 

have a FOIAonline account. In all cases, 

the appeal (written or electronic) should 

include a copy of the original request 

and initial denial, if any. All appeals 

should include a statement of the 

reasons why the records requested 

should be made available and why the 

adverse determination was in error. No 

opportunity for personal appearance, 

oral argument or hearing on appeal is 

provided. Upon receipt of an appeal, the 

Counsel to the Inspector General, or the 

Deputy Inspector General if the records 

were initially denied by the Counsel to 

the Inspector General, ordinarily shall 

send an acknowledgement letter to the 

requester which shall confirm receipt of 

the requester’s appeal. 

(c) Upon receipt of an appeal 

involving records initially denied on the 

basis of FOIA exemption (b)(1), the 

records shall be forwarded to the 

Deputy Assistant Secretary for Security 

(DAS) for a declassification review. The 

DAS may overrule previous 

classification determinations in whole 

or in part if continued protection in the 

interest of national security is no longer 

required, or no longer required at the 

same level. The DAS shall advise the 

AGC–ELI, the General Counsel, Counsel 

to the Inspector General, or Deputy 

Inspector General, as appropriate, of his 

or her decision. 


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(d) If an appeal is granted, the 

notification letter may include 

documents to be released or the request 

may be referred back to the component 

for further action consistent with the 

determination on the appeal. 

(f) * * * 

(3) Notification that dispute 

resolution services are offered by the 

Office of Government Information 

Services (OGIS) of the National 

Archives and Records Administration as 

a non-exclusive alternative to litigation, 

informing the requester that dispute 

resolution is a voluntary process, and if 

the Department and requester agree to 

participate in the dispute resolution 

services provided by OGIS, the 

Department will actively engage as a 

partner to the process in an attempt to 

resolve the dispute. 

(4) Notification that judicial review of 

the denial is available in the district 

court of the United States in the district 

in which the requester resides, or has 

his or her principal place of business, or 

in which the agency records are located, 

or in the District of Columbia; and 

(5) The name and title or position of 

the official responsible for denying the 

appeal. 

■ 11. Amend § 4.11 by: 

■ a. Revising paragraphs (a), (b)(2), 

(b)(4), (b)(6), (b)(7), (b)(8), (c) 

introductory text, (c)(2), (c)(3)(ii), (d)(6), 

and (d)(7). 

■ b. Adding paragraph (d)(8). 

■ c. Revising paragraphs (e), (i)(4), (j), 

(l)(2)(iii), (l)(3)(ii), and (l)(5). 

The revisions and addition read as 

follows: 

§ 4.11 Fees. 

(a) In general. Components shall 

charge fees for processing requests 

under the FOIA in accordance with 

paragraph (c) of this section, except 

where fees are limited under paragraph 

(d) of this section or when a waiver or 

reduction is granted under paragraph (l) 

of this section. A component shall 

collect all applicable fees before 

processing a request if a component 

determines that advance payment is 

required in accordance with paragraphs 

(i)(2) and (i)(3) of this section. If 

advance payment of fees is not required, 

a component shall collect all applicable 

fees before sending copies of requested 

records to a requester. Requesters must 

pay fees by check or money order made 

payable to the Treasury of the United 

States. 

(b) * * * 

(2) Direct costs means those expenses 

a component incurs in searching for and 

duplicating (and, in the case of 

commercial use requests, reviewing) 

records to respond to a FOIA request. 

The hourly processing fees for 

calculating direct costs for Department 

or component personnel searching for, 

duplication, and reviewing records are 

reflected in Table 1. Note that the 16% 

overhead has already been included in 

the hourly rates identified in Table 1. 

TABLE 1—FOIA HOURLY PROCESSING FEES

Type Grade Hourly rate 

Administrative ........................................... E–9/GS–8 and below ................................................................................................... $28 

Professional .............................................. Contractor/O–1 to O–6/W–1 to W–5/GS–9 to GS–15 ................................................. 56 

Executive .................................................. O–7 and above and Senior Executive Service ............................................................ 128 

* * * * * 

(4) Educational institution is any 

school that operates a program of 

scholarly research. A requester in this 

fee category must show that the request 

is made in connection with his or her 

role at the educational institution. 

Educational institutions may include a 

preschool, a public or private 

elementary or secondary school, an 

institution of undergraduate higher 

education, an institution of graduate 

higher education, an institution of 

professional education, or an institution 

of vocational education A Department 

component may seek verification from 

the requester that the request is in 

furtherance of scholarly research and 

agencies will advise requesters of their 

placement in this category. Verification 

may be supported by a letter from a 

teacher, instructor, or professor written 

on the institution’s letterhead or from an 

institutional email address and in which 

the body of the email outlines the 

research to be conducted. Student 

requests may be supported by evidence 

that the records are sought for the 

student’s academic research purposes, 

for example, through evidence of a class 

assignment or a letter from a teacher, 

instructor, or professor. A component’s 

decision to grant a requester educational 

institution status will be made on a 

case-by-case basis based upon the 

requester’s intended use of the material. 

Example 1. A request from a professor or 

a student of geology at a university for 

records relating to soil erosion, written on 

letterhead of the Department of Geology, 

would be presumed to be from an 

educational institution. 

Example 2. A request from the same 

professor or student of geology seeking drug 

information from the Food and Drug 

Administration in furtherance of a murder 

mystery he is writing would not be presumed 

to be an institutional request, regardless of 

whether it was written on institutional 

letterhead. 

Example 3. A student who makes a request 

in furtherance of their coursework or other 

school-sponsored activities and provides a 

copy of a course syllabus or other reasonable 

documentation to indicate the research 

purpose for the request, would qualify as part 

of this fee category. 

* * * * * 

(6) Representative of the news media, 

or news media requester, means any 

person or entity that actively gathers 

information of potential interest to a 

segment of the public, uses its editorial 

skills to turn the raw materials into a 

distinct work and distributes that work 

to an audience. The term ‘‘news’’ means 

information that is about current events 

or that would be of current interest to 

the public. Examples of news-media 

entities are television or radio stations 

broadcasting 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 including 

news organizations that disseminate 

solely on the internet. To be in this 

category, a requester must not be 

seeking the requested records for a 

commercial use. A request for records 

that supports the news-dissemination 

function of the requester shall not be 

considered to be for a commercial use. 

A freelance journalist shall be regarded 

as working for a news-media entity if 

the journalist can demonstrate a solid 

basis for expecting publication through 

that entity, whether or not the journalist 

is actually employed by the entity. A 

publication contract would be the 

clearest proof, but components shall 

also look to the past publication record 

of a requester in making this 

determination. A component’s decision 

to grant a requester media status will be 

made on a case-by-case basis based 

upon the requester’s intended use of the 

material. The mere fact that a person or 

entity has been classified as news media 

with respect to one request does not 

mean they will be so considered as 


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news media with respect to any other 

requests. 

(7) Review means 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 it and marking any applicable 

exemptions. Review costs are 

recoverable even if a record ultimately 

is not disclosed. Review time includes 

time spent obtaining and considering 

any formal objection to disclosure made 

by a submitter under § 4.9, but does not 

include time spent resolving general 

legal or policy issues regarding the 

application of exemptions. 

(8) Search means the process of 

looking for and retrieving records or 

information responsive to a request. It 

includes identification of information 

within records and also includes 

reasonable efforts to locate and retrieve 

information from records maintained in 

electronic form or format. Components 

shall ensure that searches are done in 

the most efficient and least expensive 

manner reasonably possible. 

(c) Fees. In responding to FOIA 

requests, components shall charge the 

fees summarized in chart form in 

paragraphs (c)(1) and (c)(2) of this 

section and explained in paragraphs 

(c)(3) through (c)(5) of this section, 

unless a waiver or reduction of fees has 

been granted under paragraph (l) of this 

section. 

* * * * * 

(2) Uniform fee schedule. 

Service Rate 

(i) Manual search ...................................................................................... Hourly rate from Table 1 of employee involved. 

(ii) Computerized search .......................................................................... Actual direct cost, including operator time, using the hourly rate from 

Table 1, of the employee involved. 

(iii) Review of records ............................................................................... Hourly rate from Table 1 of employee involved. 

(iv) Duplication of records: 

(A) Paper copy reproduction ............................................................. $.08 per page. 

(B) Other reproduction (e.g., converting paper into an electronic 

format (e.g., scanning), computer disk or printout, or other electronically-formatted reproduction (e.g., uploading records made 

available to the requester into FOIAonline)).

Actual direct cost, including operator time, using the hourly rate from 

Table 1, of the employee involved. 

(3) * * * 

(ii) For computer searches of records, 

requesters will be charged the direct 

costs of conducting the search, although 

certain requesters (as provided in 

paragraph (d)(1) of this section) will be 

charged no search fee and certain other 

requesters (as provided in paragraph 

(d)(3) of this section) are entitled to the 

cost equivalent of two hours of manual 

search time without charge. These direct 

costs will include the costs of the 

operator/programmer FOIA hourly 

processing rate apportionable to the 

search and any other tangible direct 

costs associated with a computer search. 

* * * * * 

(d) * * * 

(6) No search fees shall be charged to 

a FOIA requester when a component 

does not comply with the statutory time 

limits at 5 U.S.C. 552(a)(6) in which to 

respond to a request (this section only 

applies to FOIA requests, not appeals), 

except as described in paragraph (d)(8) 

of this section. 

(7) No duplication fees shall be 

charged to requesters in the fee category 

of a representative of the news media or 

an educational or noncommercial 

scientific institution when a component 

does not comply with the statutory time 

limits at 5 U.S.C. 552(a)(6) in which to 

respond to a request, except as 

described in paragraph (d)(8) of this 

section. 

(8)(i) When a Department component 

determines that unusual circumstances, 

as those terms are defined in § 4.6(d)(2), 

apply to the processing of the request, 

and provides timely written notice to 

the requester in accordance with the 

FOIA, then the Department component 

is granted an additional ten days until 

the fee restrictions in paragraphs (d)(6) 

and (7) of this section apply. 

(ii) The fee restrictions in paragraphs 

(d)(6) and (7) of this section do not 

apply: 

(A) When a Department component 

determines that unusual circumstances, 

as those terms are defined in § 4.6(d)(2), 

apply to the processing of the request; 

(B) More than 5,000 pages are 

necessary to respond to the request; 

(C) The Department component 

provides timely written notice to the 

requester in accordance with the FOIA; 

and 

(D) The Department component has 

discussed with the requester (or made 

three good faith attempts to do so) on 

how the requester can effectively limit 

the scope of the request. 

(e) Notice of anticipated fees in excess 

of $20.00. (1) When a component 

determines or estimates that the fees for 

processing a FOIA request will total 

more than $20.00 or total more than the 

amount the requester indicated a 

willingness to pay, the component shall 

notify the requester of the actual or 

estimated amount of the fees, unless the 

requester has stated in writing a 

willingness to pay fees as high as those 

anticipated. If only a portion of the fee 

can be estimated readily, the component 

shall advise the requester that the 

estimated fee may be only a portion of 

the total fee. A notice under this 

paragraph shall offer the requester an 

opportunity to discuss the matter with 

Departmental personnel in order to 

modify the request in an effort to meet 

the requester’s needs at a lower cost. 

The requester may also contact the 

Department FOIA Public Liaison, the 

relevant component’s FOIA Public 

Liaison or FOIA contact, or OGIS for 

further assistance, or file an 

administrative appeal of the fee estimate 

amount in accordance with § 4.10. 

(2) When a requester has been notified 

that the actual or estimated fees will 

amount to more than $20.00, or amount 

to more than the amount the requester 

indicated a willingness to pay, the 

component will do no further work on 

the request until the requester agrees in 

writing to pay the actual or estimated 

total fee. The component will toll the 

processing of the request when it 

notifies the requester of the actual or 

estimated amount of fees and this time 

will be excluded from the twenty (20) 

working day time limit (as specified in 

§ 4.6(b)). The requester’s agreement to 

pay fees must be made in writing, must 

designate an exact dollar amount the 

requester is willing to pay, and must be 

received within 30 calendar days from 

the date of the notification of the fee 

estimate. If the requester fails to submit 

an agreement to pay the anticipated fees 

within 30 calendar days from the date 

of the component’s fee notice, the 

component will presume that the 

requester is no longer interested and 


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39596 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations 

notify the requester that the request will 

be closed. 

* * * * * 

(i) * * * 

(4) When the component requires 

advance payment or payment due under 

paragraphs (i)(2) and (i)(3) of this 

section, the component will not further 

process the request until the required 

payment is made. The component will 

toll the processing of the request when 

it notifies the requester of the advanced 

payment due and this time will be 

excluded from the twenty (20) working 

day time limit (as specified in § 4.6(b)). 

If the requester does not pay the 

advance payment within 30 calendar 

days from the date of the component’s 

fee notice, the component will presume 

that the requester is no longer interested 

and notify the requester that the request 

will be closed. 

(j) Tolling. When necessary for the 

component to clarify issues regarding 

fee assessment with the FOIA requester, 

the time limit for responding to the 

FOIA request is tolled until the 

component resolves such issues with 

the requester. The tolling period is from 

the day a requester was contacted 

through the working day (i.e., excluding 

Saturdays, Sundays, and legal public 

holidays) on which a response was 

received by the responsible component. 

* * * * * 

(l) * * * 

(2) * * * 

(iii) The contribution to an 

understanding of the subject by the 

public likely to result from disclosure: 

Whether disclosure of the requested 

information will contribute to the 

understanding of a reasonably broad 

audience of persons interested in the 

subject, as opposed to the individual 

understanding of the requester. A 

requester’s expertise in the subject area 

and ability and intention to effectively 

convey information to the public shall 

be considered. It shall be presumed that 

a representative of the news media 

satisfies this consideration. 

* * * * * 

(3) * * * 

(ii) The primary interest in disclosure: 

Whether any identified commercial 

interest of the requester is sufficiently 

great, in comparison with the public 

interest in disclosure, that disclosure is 

‘‘primarily in the commercial interest of 

the requester.’’ A fee waiver or 

reduction is justified if the public 

interest standard (paragraph (l)(1)(i) of 

this section) is satisfied and the public 

interest is greater than any identified 

commercial interest in disclosure. 

Components ordinarily shall presume 

that if a news media requester has 

satisfied the public interest standard, 

the public interest is the primary 

interest served by disclosure to that 

requester. Disclosure to data brokers or 

others who merely compile and market 

Government information for direct 

economic return shall not be presumed 

to primarily serve the public interest. 

* * * * * 

(5) Requests for the waiver or 

reduction of fees should address the 

factors listed in paragraphs (l)(2) and (3) 

of this section, insofar as they apply to 

each request. 

■ 12. Amend Appendix A to Part 4 by 

revising the introductory text of 

paragraph (5) and paragraph (5)(v) to 

read as follows: 

Appendix A to Part 4—Freedom of 

Information Public Inspection 

Facilities, and Addresses for Requests 

for Records Under the Freedom of 

Information Act and Privacy Act, and 

Requests for Correction of Amendment 

Under the Privacy Act 

* * * * * 

(5) Economic Development 

Administration, Office of the Chief Counsel, 

U.S. Department of Commerce, 14th and 

Constitution Avenue NW, Room 72023, 

Washington, DC 20230; Ph.: (202) 482–3085; 

Fax: (202) 482–5671; FOIAonline: http://

foiaonline.regulations.gov. This component 

maintains a separate online Electronic FOIA 

Library through its website, http://

www.eda.gov. The following Regional EDA 

offices do not maintain separate online 

Electronic FOIA Libraries. 

* * * * * 

(v) Philadelphia Regional Office, EDA, U.S. 

Department of Commerce, Robert N.C. Nix 

Federal Building, 900 Market Street, Room 

602, Philadelphia, Pennsylvania 19107; Ph.: 

(215) 597–4603. 

* * * * * 

[FR Doc. 2018–17171 Filed 8–9–18; 8:45 am] 

BILLING CODE 3510–BX–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2018–0771] 

RIN 1625–AA08 

Special Local Regulation; Roanoke 

River, Plymouth, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation on 

the navigable waters of the Roanoke 

River in Plymouth, North Carolina. This 

special local regulation is intended to 

restrict vessel traffic on the Roanoke 

River during a high-speed boat race. The 

restriction of vessel traffic movement in 

the regulated area is intended to protect 

participants and spectators from the 

hazards posed by high-speed boat races. 

Entry of vessels or persons into this 

regulated area is prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) North Carolina or a 

designated representative. 

DATES: This rule is effective from 11 

a.m. on August 11, 2018, through 5 p.m. 

on August 12, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0771 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Matthew Tyson, 

Waterways Management Division, U.S. 

Coast Guard Sector North Carolina, 

Wilmington, NC; telephone: 910–772– 

2221, email Matthew.I.Tyson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

Coast Guard was not notified of the 

need for this rule until August 2, 2018, 

and it is impracticable and contrary to 

the public interest to delay this action. 

Waiting for a comment period to run 

would inhibit the Coast Guard’s ability 

to protect the public and participants 

from the dangers associated with the 

high-speed boat race scheduled to start 

on August 11, 2018. 


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