This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

22855 

Vol. 79, No. 80 

Friday, April 25, 2014 

DEPARTMENT OF ENERGY 

10 CFR Part 1004 

RIN 1901–AA32 

Revision of Department of Energy’s 

Freedom of Information Act (FOIA) 

Regulations 

AGENCY: FOIA Program, Office of 

Information Resources, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) publishes a final rule to amend 

the existing regulations that establish 

procedures by which records may be 

requested from all DOE offices pursuant 

to the Freedom of Information Act 

(FOIA). Today’s final rule increases the 

per page rate for paper copy 

reproductions. This final rule also 

makes changes to bring the regulations 

into compliance with the 1996, 2007, 

and 2009 statutory amendments to the 

FOIA, and to reflect minor changes in 

the DOE’s internal organizational 

structure. 

DATES: This rule is effective May 27, 

2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alexander Morris, FOIA Officer, 

Department of Energy, Office of 

Information Resources, Mail Stop MA– 

90, Room 1G–051, 1000 Independence 

Avenue SW., Washington, DC 20585; 

Alexander.Morris@hq.doe.gov, (202) 

586–5955. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

II. Discussion of Public Comments and Final 

Rule 

III. Regulatory Review 

IV. Approval of the Office of the Secretary 

I. Introduction 

Part 1004 contains the regulations of 

the DOE that implement FOIA, 5 U.S.C. 

552. This Part provides information 

concerning the procedures by which the 

public may request records from DOE 

offices, and the policies under which 

records shall be furnished to members 

of the public. 

The DOE published a Notice of 

Proposed Rulemaking (NOPR) and 

Opportunity for Comment in the 

Federal Register on December 9, 2008, 

at 73 FR 74658. The NOPR proposed to 

streamline the DOE’s procedures for 

determining the releasability of 

information and update the fee 

requirements for the reproduction of 

documents. 

The NOPR proposed the removal of 

the ‘‘extra balancing test’’ requirement 

in section 1004.1 which requires the 

DOE to reconsider a determination to 

legally withhold information in 

accordance with 5 U.S.C. 552, and to 

release such information if disclosure 

would be in the public interest. The 

DOE stated that this requirement went 

beyond the requirements of the FOIA 

and imposed unnecessary 

administrative requirements on the 

DOE. This NOPR also proposed to 

amend section 1004.9(a)(4) to raise the 

per page rate for paper copy 

reproductions and microform to paper 

copies to the rate of 20 cents per page. 

The DOE received 14 public 

comments on the two proposed 

amendments. A discussion of the 

comments is provided in this final rule. 

The NOPR also stated that additional 

administrative changes that did not 

require notice and comment would be 

promulgated in the final rule to bring 

DOE’s regulations into compliance with 

the 1996 amendments to FOIA and to 

reflect minor alterations in the DOE’s 

internal organizational structure. 

This final rule amends the regulations 

to add requirements from the 1996, 

2007, and 2009 statutory amendments to 

the FOIA, and to reflect changes in the 

DOE’s internal organizational structure. 

This final rule also amends the 

regulations to increase the per page rate 

for paper copy reproductions to the rate 

of ten cents per page. 

II. Discussion of Public Comments and 

Final Rule 

The DOE received 14 public 

comments. All commenters opposed the 

proposed removal of the ‘‘extra 

balancing test’’ requirement. After 

careful consideration of the public 

comments, the DOE has determined that 

keeping this requirement is more 

aligned with the spirit of openness and 

transparency and therefore, decided not 

to adopt this proposed change. 

Five commenters opposed the 

proposed per page fee increase to 20 

cents for document reproduction. 

Commenters stated that the proposed 

fee increase exceeded charges at 

commercial establishments, exceeded 

the actual cost of reproduction to the 

DOE, and was at the highest end of 

copying fees for comparable cabinetlevel agencies. Several commenters 

stated that ten cents per page was a 

common fee among cabinet-level 

agencies and commercial photocopying 

services. One commenter suggested the 

rate should not be increased to more 

than ten cents per page. 

After careful consideration of the 

public comments, the DOE has 

determined to increase the per page rate 

for paper copy reproductions to the rate 

of ten cents per page. In making this 

determination, the DOE balanced the 

interests of the public for a rate that is 

not prohibitive with the interests of the 

agency for a rate that is more reflective 

of its estimated reproduction costs. On 

this basis, rather than adopting the 

proposed rate of 20 cents per page, the 

DOE has determined to increase the rate 

to ten cents per page. 

With respect to the final rule’s 

ministerial changes, except for activities 

at the Office of Naval Reactors at 

Headquarters, the National Nuclear 

Security Administration has 

consolidated the management of its 

FOIA activities at the Albuquerque 

Complex in New Mexico. The 

Pittsburgh Naval Reactors Office and the 

Schenectady Naval Reactors Office have 

been merged to form the Naval Reactors 

Laboratory Field Office. The Oak Ridge 

Office processes requests for records 

under the jurisdiction of the Pacific 

Northwest Site Office. The DOE, 

therefore, is deleting the Nevada Site 

Office, the Pittsburgh Naval Reactors 

Office, the Schenectady Naval Reactors 

Office, and the Pacific Northwest Site 

Office, as offices where a Freedom of 

Information Act Officer is designated in 

section 1004.2(h). The Naval Reactors 

Laboratory Field Office and the Office of 

Naval Reactors at Headquarters are 

added as offices where a Freedom of 

Information Act Officer is designated in 

section 1004.2(h). 

In section 1004.2(p), the DOE has 

added the Heads of current Secretarial 

Offices which were created since the 

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22856 Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Rules and Regulations 

last publication of this rule and deleted 

positions that no longer exist. 

Statutory changes regarding time 

limits, tolling, expedited processing, 

marking released records, restrictions on 

fees, and FOIA Exemption 3 (5 U.S.C. 

552(b)(3)) have been added to sections 

1004.4(a), 1004.5(d), 1004.7(b), 

1004.9(a), and 1004.10(b). The 1996 

amendments to the FOIA increase the 

general time for processing requests 

from 10 to 20 working days, and require 

agencies to expedite processing when 

requesters demonstrate a compelling 

need. The 2007 amendments to the 

FOIA: Clarify that the 20-day statutory 

time period for processing FOIA 

requests starts on the date the request is 

received by the appropriate component, 

and not later than 10 days after receipt 

by any component designated in an 

agency’s regulations to receive requests; 

provide criteria for when the 20-day 

period may be suspended or tolled; 

require agencies to indicate the 

exemption for deletions made in 

released records; and preclude agencies 

from accessing search fees or 

duplication fees, except for commercial 

use requesters, when the FOIA time 

limits are not met and no unusual or 

exceptional circumstances apply. The 

2009 amendment to the FOIA requires 

that statutes enacted after the enactment 

of the OPEN FOIA Act on October 28, 

2009, must specifically cite Exemption 

3 of the FOIA to qualify as an 

Exemption 3 withholding statute. 

IV. Regulatory Review 

A. Executive Order 12866 

Today’s rule has been determined not 

to be a ‘‘significant regulatory action’’ 

under Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ 58 

FR 51735 (October 4, 1993). 

Accordingly, this action was not subject 

to review under that Executive Order by 

the Office of Information and Regulatory 

Affairs (OIRA) of the Office of 

Management and Budget (OMB). 

B. Administrative Procedure Act 

In accordance with 5 U.S.C. 553(b)(B), 

the DOE finds that providing an 

opportunity for public comment on 

changes that incorporate the 1996, 2007, 

and 2009 statutory amendments to the 

FOIA prior to publication of this rule is 

not necessary and contrary to the public 

interest because the DOE is carrying out 

a ministerial, non-discretionary duty 

specified in an Act of Congress. Prior 

notice and opportunity to comment on 

these changes are therefore unnecessary 

because they are not subject to the 

exercise of discretion by the DOE. 

Today’s rule also incorporates changes 

that reflect the DOE’s current internal 

organizational structure. Prior notice 

and opportunity to comment on these 

changes are also unnecessary because 

they are minor technical changes. 

C. National Environmental Policy Act 

The DOE has reviewed this final rule 

under 10 CFR part 1021, DOE’s National 

Environmental Policy Act Implementing 

Procedures. The DOE has determined 

that the final rule fits within categorical 

exclusion A.5 listed in Appendix A to 

10 CFR part 1021, Subpart D: 

Rulemaking that interprets or amends 

an existing rule or regulation and that 

does not change the environmental 

effect of the rule or regulation being 

amended. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

D. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis for any rule that by law must 

be proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. As required by 

Executive Order 13272, ‘‘Proper 

Consideration of Small Entities in 

Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), the DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process (68 FR 7990). The 

DOE has made its procedures and 

policies available on the Office of the 

General Counsel’s Web site: http://

www.energy.gov/gc/office-generalcounsel. 

In the NOPR, the DOE certified that 

this rule would not have a significant 

economic impact on a substantial 

number of small entities and did not 

prepare a regulatory flexibility analysis 

for this rulemaking. The DOE received 

no comments on the certification, and 

has responded to comments related to 

the economic impacts of the rule 

elsewhere in this preamble; no changes 

to the certification were made based on 

comments received. As a result, the 

DOE certifies that today’s final rule will 

not have a significant impact on a 

substantial number of small entities. 

The DOE’s certification and supporting 

statement of factual basis will be 

provided to the Chief Counsel for 

Advocacy of the Small Business 

Administration pursuant to 5 U.S.C. 

605(b). 

E. Paperwork Reduction Act 

This rulemaking would impose no 

new information or recordkeeping 

requirements. Accordingly, OMB 

clearance is not required under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

F. Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written assessment of the effects of 

any Federal mandate in a proposed or 

final agency regulation that may result 

in the expenditure by States, tribal, or 

local governments, in the aggregate, or 

by the private sector, of $100 million in 

any one year. The Act also requires 

Federal agencies to develop an effective 

process to permit timely input by 

elected officials of State, tribal, or local 

governments on a proposed significant 

intergovernmental mandate, and 

requires an agency plan for giving notice 

and opportunity to provide timely input 

to potentially affected small 

governments before establishing any 

requirements that might significantly or 

uniquely affect small governments. The 

DOE has determined that the final rule 

published today does not contain any 

Federal mandates affecting States, tribal, 

or local governments, or the private 

sector, and, thus, no assessment or 

analysis is required under the Unfunded 

Mandates Reform Act of 1995. 

G. Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform’’ 61 FR 4729 (February 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; (4) and promote simplification 

and burden reduction. With regard to 

the review required by section 3(a) and 

section 3(b), Executive Order 12988 

specifically requires that Federal 

agencies make every reasonable effort to 

ensure that the regulation: (1) Clearly 

specifies the preemptive effect, if any; 

(2) clearly specifies any effect on 

existing Federal law or regulation; (3) 

provides a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; (4) 

specifies the retroactive effect, if any; (5) 

adequately defines key terms; and (6) 

addresses other important issues 

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Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Rules and Regulations 22857 

affecting clarity and general 

draftsmanship under guidelines issued 

by the Attorney General. Section 3(c) of 

Executive Order 12988 requires 

Executive agencies to review regulations 

in light of applicable standards in 

section 3(a) and section 3(b) to 

determine whether they are met or it is 

unreasonable to meet one or more of 

them. The DOE has completed the 

required review and determined that, to 

the extent permitted by law, this rule 

meets the relevant standards of 

Executive Order 12988. 

H. Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 4, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. The DOE has examined 

this final rule and has determined that 

it would not preempt State law and 

would not have substantial direct effect 

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. No further 

action is required by Executive Order 

13132. 

I. Treasury and General Government 

Appropriations Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any 

proposed rule that may affect family 

well-being. This final rule would have 

no impact on the autonomy or integrity 

of the family as an institution. 

Accordingly, the DOE has concluded 

that it is not necessary to prepare a 

Family Policymaking Assessment. 

J. Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy, Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001) requires Federal agencies to 

prepare and submit to OMB a Statement 

of Energy Effects for any proposed 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated or is 

expected to lead to promulgation of a 

final rule, and that: (1) Is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy, or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any proposed 

significant energy action, the agency 

must give a detailed statement of any 

adverse effects on energy supply, 

distribution, or use should the proposal 

be implemented, and of reasonable 

alternatives to the action and their 

expected benefits on energy supply, 

distribution, and use. Today’s regulatory 

action would not have a significant 

adverse effect on the supply, 

distribution, or use of energy and is 

therefore not a significant energy action. 

Accordingly, the DOE has not prepared 

a Statement of Energy Effects. 

K. Treasury and General Government 

Appropriations Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001 

(44 U.S.C. 3516 note) provides for 

agencies to review most disseminations 

of information to the public under 

guidelines established by each agency 

pursuant to general guidelines issued by 

the OMB. The OMB’s guidelines were 

published at 67 FR 8452 (February 22, 

2002), and the DOE’s guidelines were 

published at 67 FR 62446 (October 7, 

2002). The DOE has reviewed today’s 

final rule under the OMB and DOE 

guidelines, and has concluded that it is 

consistent with applicable policies in 

those guidelines. 

L. Congressional Notification 

As required by 5 U.S.C. 801, the DOE 

will submit to Congress a report 

regarding the issuance of today’s final 

rule prior to the effective date set forth 

at the outset of this notice. The report 

will state that it has been determined 

that the rule is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 801(2). 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects in 10 CFR Part 1004 

Freedom of Information Act. 

Issued in Washington, DC, on March 27, 

2014. 

Ingrid Kolb, 

Director, Office of Management. 

For the reasons set forth in the 

preamble, the Department of Energy 

amends Part 1004 of Title 10 of the Code 

of Federal Regulations as set forth 

below. 

PART 1004—FREEDOM OF 

INFORMATION ACT (FOIA) 

■ 1. The authority citation for part 1004 

continues to read as follows: 

Authority: 5 U.S.C. 552. 

■ 2. The heading for part 1004 is revised 

to read as set forth above. 

§ 1004.1 [Amended] 

■ 3. Section 1004.1 is amended by: 

■ a. Adding ‘‘Freedom of Information 

(FOIA)’’ before ‘‘5 U.S.C. 552’’ in the 

first sentence. 

■ b. Removing, in the first sentence, the 

period after ‘‘3207–49’’ and adding in its 

place, ‘‘, by Pub. L. 104–231, 110 Stat. 

3048, by Pub. L. 110–175, 121 Stat. 

2524, and by Pub. L. 111–83 564, 123 

Stat. 2142, 2184.’’ 

§ 1004.2 [Amended] 

■ 4. Section 1004.2 is amended: 

■ a. In paragraph (h) by adding ‘‘Act 

(FOIA)’’ after ‘‘Information’’ and before 

‘‘Officer 

■ b. In § 1004.2(h)(1) by removing ‘‘– 

KDP–7’’. 

■ c. In § 1004.2(h)(8) by removing 

‘‘Service Center’’ and adding, in its 

place, ‘‘Albuquerque Complex’’. 

■ d. By removing paragraph (h)(9) and 

redesignating (h)(10) as (h)(9). 

■ e. By adding paragraph (h)(10). 

■ f. By removing paragraphs (h)(13), 

(h)(14), and (h)(17). 

■ g. By redesignating (h)(12) as (h)(13). 

■ h. By adding a new paragraph (h)(12). 

■ i. By redesignating (h)(15) as (h)(14), 

(h)(16) as (h)(15), (h)(18) as (h)(16), 

(h)(19) as (h)(17), (h)(20) as (h)(18), and 

(h)(21) as (h)(19). 

■ j. By adding at the end of the sentence 

in paragraph (j), ‘‘except the Office of 

Naval Reactors.’’ 

■ k. In paragraph (p), by removing 

‘‘Director, Office of Civilian Radioactive 

Waste Management’’ and, adding in its 

place, ‘‘Director, Advanced Research 

Projects Agency—Energy’’, ‘‘Director, 

Office of Indian Energy Policy and 

Programs’’, and ‘‘Director, Loan 

Programs Office’’. 

The additions read as follows: 

§ 1004.2 Definitions. 

* * * * * 

(h) * * * 

(10) Naval Reactors Laboratory Field 

Office, P.O. Box 109, West Mifflin, PA 

15122–0109. 

* * * * * 

(12) Office of Naval Reactors, 

Headquarters, 1240 Isaac Hull Avenue 

SE., Washington Navy Yard, DC 20376– 

0822. 

* * * * * 

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§ 1004.3 [Amended] 

■ 5. Section 1004.3 is amended: 

■ a. In paragraph (a) by removing 

‘‘Freedom of Information’’ and adding, 

in its place, ‘‘Office of Information 

Resources’’. 

■ b. By adding a new sentence before 

the last sentence to read as set forth 

below. 

■ c. By removing, in the last sentence, 

‘‘the’’ before ‘‘DOE Headquarters.’’ 

The addition reads as follows: 

§ 1004.3 Public reading facilities and 

policy on contractor records. 

(a) * * * The DOE Headquarters will 

maintain an electronic public reading 

room that can be accessed at http://

energy.gov/management/officemanagement/operational-management/

freedom-information-act/readingroom * * * 

* * * * * 

§§ 1004.1, 1004.3, 1004.4, 1004.5, 1004.6, 

1004.9, and 1004.11 [Amended] 

■ 6. Sections 1004.1, 1004.3(a), 

1004.4(a), 1004.4(c), 1004.5(a), 

1004.5(c), 1004.6(b), 1004.6(c), 

1004.9(a), 1004.9(b), 1004.11(b), 

1004.11(c), and 1004.11(d) are amended 

by removing ‘‘Freedom of Information’’ 

wherever it occurs and, adding in its 

place, ‘‘FOIA’’. 

■ 7. Section 1004.4(a) is revised to read 

as follows: 

§ 1004.4 Elements of a request. 

(a) Addressed to the FOIA Officer. A 

request for a record of the DOE which 

is not available in a public reading 

facility, as described in § 1004.3, shall 

be: Addressed to the Headquarters or 

appropriate field FOIA Officer at the 

DOE at a location listed in § 1004.2(h) 

of this part, and both the envelope and 

the letter shall be clearly marked 

‘‘Freedom of Information Act Request;’’ 

or submitted electronically on the 

Headquarters or appropriate field FOIA 

Web sites. Except as provided in 

§ 1004.4(e), a request will be considered 

to be received by the DOE for purposes 

of 5 U.S.C. 552(a)(6) and the 20-day 

response period will start upon actual 

receipt by the appropriate FOIA Officer, 

or not later than 10 days after receipt by 

a designated FOIA Officer at any 

location in § 1004.2(h). Requests 

delivered after regular business hours of 

the FOIA Officer are considered 

received on the next regular business 

day. 

* * * * * 

§ 1004.5 [Amended] 

■ 8. Section 1004.5 is amended: 

■ a. In paragraph (b) by adding ‘‘or FOIA 

Officer’’ after ‘‘Authorizing Official’’ in 

the second sentence. 

■ b. In paragraph (c) by adding ‘‘or FOIA 

Officer’’ after ‘‘Authorizing Official, and 

by removing ‘‘any other’’ and adding 

‘‘all’’ before ‘‘Authorizing Officials’’. 

■ c. In paragraphs (d)(1) and (d)(4) by 

removing ‘‘10’’ and adding ‘‘20’’ in its 

place. 

■ d. In paragraphs (d)(4) and (d)(5), by 

adding ‘‘or FOIA Officer’’ after 

‘‘Authorizing Official’’ wherever it 

appears. 

■ e. In paragraph (d)(1) by adding 

paragraph designation ‘‘(iii)’’ after 

‘‘except that,’’; the redesignated 

(d)(1)(iii) is further amended by 

removing ‘‘if’’ and adding in its place 

‘‘If’’ and by adding ‘‘or FOIA Officer’’ 

after ‘‘Authorizing Official’’. 

■ f. Adding paragraphs (d)(1)(i) and (ii), 

(d)(6) and (d)(7). 

The additions read as follows: 

§ 1004.5 Processing requests for records. 

* * * * * 

(d) * * * 

(1) * * * 

(i) One request can be made to the 

requester for information and the DOE 

can toll the 20-day response period 

while it waits for the requester’s 

response; 

(ii) If necessary to clarify with the 

requester issues regarding fee 

assessment and the DOE can toll the 20- 

day response period; or 

* * * * * 

(6) Expedited processing. Generally, 

the DOE will respond to requests in the 

order of receipt. Requests will be 

processed out of order and processed as 

soon as practicable when it is 

determined, based upon information 

supplied by the requester or otherwise 

known to the DOE, that a compelling 

need exists to provide the records in an 

expeditious manner. The FOIA states 

that a compelling need exists when 

failure to obtain records expeditiously 

could reasonably be expected to pose a 

threat to the life or physical safety of an 

individual or, when a request is 

submitted by a person primarily 

engaged in disseminating information 

and there is an urgency to inform the 

public about actual or alleged Federal 

Government activity. 

(7) A determination to grant or deny 

a request for expedited processing will 

be made by the appropriate FOIA 

Officer within 10 days after receipt of 

the request. The requester will be 

notified of the determination and 

informed that any denial may be 

appealed within 30 calendar days to the 

Office of Hearings and Appeals.’’ 

§ 1004.6 [Amended] 

■ 9. Section 1004.6 is amended: 

■ a. In paragraph (a) by removing ‘‘and 

Unclassified Controlled Nuclear 

Information’’. 

■ b. In paragraph (b) by removing 

‘‘12356’’ and adding ‘‘13526 and 

§ 1045’’ after ‘‘Executive Order’’. 

■ c. In paragraph (c) by removing 

‘‘requests for classified records’’ and 

adding in its place, ‘‘the denial of 

classified information’’. 

§ 1004.7 [Amended] 

■ 10. Section 1004.7 is amended: 

■ a. In paragraph (a) by removing 

‘‘Freedom of Information Act’’ and 

adding in its place, ‘‘FOIA’’. 

■ b. In paragraph (b) by adding ‘‘a FOIA 

Officer’’ after ‘‘signed by’’. 

■ c. In paragraph (b)(1) by removing 

‘‘Freedom of Information Act’’ and 

adding in its place, ‘‘FOIA’’, and by 

adding a new sentence at the end of the 

last sentence to read as follows. 

§ 1004.7 Responses by authorizing 

officials: Form and content. 

* * * * * 

(b) * * * 

(1) * * * The amount of information 

deleted and the applicable exemption 

will be indicated on the released portion 

of the record, unless the indication 

would harm an interest protected by the 

exemption. 

* * * * * 

§ 1004.8 [Amended] 

■ 11. Section 1004.8 is amended: 

■ a. In paragraph (a) by adding ‘‘or 

Denying Official or FOIA Officer’’ after 

Authorizing’’, and by adding ‘‘for 

expedited processing consistent with 

§ 1004.5(d)’’ after ‘‘denied a request’’. 

■ b. In paragraph (b) by: 

■ 1. Adding ‘‘–1615’’ after ‘‘DC 20585’’; 

■ 2. Adding ‘‘Act’’ after ‘‘Freedom of 

Information’’; and 

■ 3. Adding a new sentence after 

‘‘Freedom of Information Act Appeal.’’ 

■ 4. Adding a new sentence at the end 

of the paragraph. 

■ c. In paragraphs (c), (d)(1), (d)(4), and 

(e) by removing ‘‘appeal authority’’ and 

adding ‘‘Appeal Authority’’. 

■ d. In paragraph (f) by adding ‘‘or her’’ 

after ‘his’’. 

■ e. By adding a new paragraph (g). 

The additions read as follows: 

§ 1004.8 Appeal of initial denials. 

* * * * * 

(b) * * * The appeal may be 

delivered by U.S Mail or commercial 

delivery service, by electronic mail to 

OHA.Filings@hq.doe.gov, or by 

facsimile to (202) 287–1415. * * * The 

appeal also should provide a telephone 

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number, electronic mail address, or 

other means for communicating with 

the requester during business hours. 

* * * * * 

(g) Appeal of the denial of expedited 

processing. Any appeal of the 

determination to deny a request for 

expedited processing will be acted on 

expeditiously.’’ 

§ 1004.9 [Amended] 

■ 12. Section 1004.9 is amended: 

■ a. In paragraph (a) introductory text, 

by adding at the end of the fifth 

sentence: ‘‘, which are determinations 

by Authorizing Officials or FOIA 

Officers.’’ 

■ b. In paragraph (a)(4) by removing 

‘‘five’’ and adding ‘‘ten’’ before ‘‘cents 

per page’’. 

■ c. In paragraph (a)(6) by: 

■ 1. Adding paragraph designation ‘‘(i)’’ 

before ‘‘With the exception of’’; 

■ 2. Removing ‘‘81/2x11’’ and adding, 

in its place, ‘‘8-1/2x11’’; and 

■ 3. Adding a paragraph (a)(6)(ii). 

■ d. In paragraph (a)(7), amend the last 

sentence by: 

■ 1. Removing ‘‘him’’; 

■ 2. Removing ‘‘his’’ before ‘‘request’’ 

and adding, in its place, ‘‘the’’; and 

■ 3. Adding ‘‘or her’’ before ‘‘needs at a 

lower cost.’’ 

■ e. In paragraph (a)(8) by adding 

‘‘appropriate’’ before ‘‘FOIA Officer’’. 

■ f. In paragraph (b) by removing 

‘‘Freedom of Information Officer’’ and 

adding, in its place, ‘‘FOIA Officers’’. 

■ g. In paragraph (b)(8)(ii) by adding ‘‘or 

she’’ after ‘‘he’’ and, by removing ‘‘10’’ 

and adding, in its place, ‘‘20’’ before 

‘‘working days from receipt of initial 

requests’’. 

The addition read as follows: 

§ 1004.9 Fees for providing records. 

(a) * * * 

(6) * * * 

(ii) When unusual or exceptional 

circumstances do not apply and time 

limits specified in the FOIA are not met, 

the DOE will not charge any search fees, 

or duplication fees for educational and 

non-commercial scientific institution 

requesters and requesters who are 

representatives of the news media. 

* * * * * 

§ 1004.10 [Amended] 

■ 13. Section 1004.10 is amended: 

■ a. In paragraph (b)(3)(i) by removing ‘‘, 

or’’ after ‘‘issue’’ and adding, in its 

place, ‘‘;’’, 

■ b. In paragraph (b)(3)(ii) by adding 

‘‘or’’ after ‘‘exemption’’, and 

■ c. By adding (b)(3)(iii) to read as 

follows: 

§ 1004.10 Exemptions. 

* * * * * 

(b) * * * 

(3) * * * 

(iii) If enacted after the date of 

enactment of the OPEN FOIA Act of 

2009, specifically cites to Exemption 3 

of the FOIA, 5 U.S.C. 552(b)(3). 

* * * * * 

§ 1004.11 [Amended] 

■ 14. Section 1004.11(h) is amended by 

adding in the third sentence, ‘‘excluding 

paragraph (f)(5)’’ after ‘‘paragraph (f) of 

this section.’’ 

[FR Doc. 2014–07449 Filed 4–24–14; 8:45 am] 

BILLING CODE 6450–01–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 123 

RIN 3245–AG61 

Disaster Assistance Loan Program; 

Disaster Loan Credit and Collateral 

Requirements. 

AGENCY: U.S. Small Business 

Administration (SBA). 

ACTION: Interim Final Rule with request 

for comments. 

SUMMARY: SBA is amending its disaster 

loan program regulations in response to 

Hurricane Sandy Rebuilding Task Force 

recommendations. One change allows 

SBA to rely on the disaster loan 

applicant’s credit, including credit 

score, rather than personal or business 

cash flow in order to assess repayment 

ability for those applicants with strong 

credit. 

Another change will increase the 

amount of disaster assistance funds that 

can be immediately disbursed to 

borrowers by raising the unsecured 

threshold for economic injury loans for 

all disasters and for physical damage 

loans for major disasters. Both of these 

changes will enable SBA to provide 

disaster assistance more quickly and 

efficiently. 

DATES: Effective date: April 25, 2014. 

Applicability date: This rule is 

applicable for disasters declared on or 

after April 25, 2014. 

Comment date: Comments must be 

received on or before June 23, 2014. 

ADDRESSES: You may submit comments, 

identified by RIN 3245–AG61, by any of 

the following methods: (1) Federal 

Rulemaking Portal: http:// 

www.regulations.gov, following the 

specific instructions for submitting 

comments; (2) Fax: (202) 481–2336; or 

Email: James.Rivera@sba.gov; or (3) 

Mail/Hand Delivery/Courier: James E. 

Rivera, Associate Administrator for 

Disaster Assistance, 409 3rd Street SW., 

Washington, DC 20416. 

SBA will post all comments to this 

interim final rule on 

www.regulations.gov. If you wish to 

submit confidential business 

information (CBI) as defined in the User 

Notice at www.regulations.gov, you 

must submit such information to U.S. 

Small Business Administration, Bartie J. 

Larsen, Office of Disaster Assistance, 

409 Third Street SW., Mail Code 6530, 

Washington, DC 20416, or send an email 

to bartie.larsen@sba.gov. Highlight the 

information that you consider to be CBI 

and explain why you believe SBA 

should hold this information as 

confidential. SBA will review your 

information and determine whether it 

will make the information public. 

FOR FURTHER INFORMATION CONTACT: 

Bartie J. Larsen, Office of Disaster 

Assistance, 202–205–6734 or 

Bartie.Larsen@sba.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Hurricane Sandy Rebuilding Task 

Force was established pursuant to an 

Executive Order issued on December 7, 

2012, E.O. 13632, Establishing the 

Hurricane Sandy Task Force (December 

7, 2012). This Task Force was 

established to ensure the recovery effort 

benefitted from cabinet-level focus and 

coordination, and was charged with 

establishing guidelines for the 

investment of Federal funds made 

available for the recovery. 

With the Secretary of Housing and 

Urban Development as its Chair, the 

Task Force consisted of the heads of 

twenty-three executive department 

agencies and offices. As a member of 

this task force, SBA collaborated with 

these executive agencies and offices to 

identify and work to remove obstacles to 

resilient rebuilding while taking into 

account existing and future risks and 

promoting the long-term sustainability 

of communities and ecosystems in the 

Sandy-affected region. The resultant 

Rebuilding Strategy developed by the 

Task Force included recommendations 

across several policy areas. See http://

portal.hud.gov/hud portal/documents/

huddoc?id=HSRebuildingStrategy.pdf. 

The Task Force recommended that SBA, 

among other recommendations, (a) 

institute new and innovated process 

improvements to SBA’s Disaster Loan 

program, and (b) increase SBA’s 

unsecured disaster loan limits in order 

to expedite the disbursement of small 

dollar loans. 

II. Explanation of Changes 

SBA is incorporating the Task Force’s 

recommendation to institute new and 

WREIER-AVILES on DSK5TPTVN1PROD with RULES