6934 Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Proposed Rules 

enclose any material in your comments 

that you consider to be confidential or 

inappropriate for public disclosure. 

Public Disclosure 

TTB will post, and you may view, 

copies of this proposed rule and any 

online or mailed comments received 

about this proposal within Docket No. 

TTB–2015–0003 on the Federal erulemaking portal, Regulations.gov, at 

http://www.regulations.gov. A direct 

link to that docket is available on the 

TTB Web site at http://www.ttb.gov/

wine/wine-rulemaking.shtml under 

Notice No. 147. You may also reach the 

relevant docket through the 

Regulations.gov search page at http://

www.regulations.gov. For information 

on how to use Regulations.gov, click on 

the site’s ‘‘Help’’ tab. 

All posted comments will display the 

commenter’s name, organization (if 

any), city, and State, and, in the case of 

mailed comments, all address 

information, including email addresses. 

TTB may omit voluminous attachments 

or material that the Bureau considers 

unsuitable for posting. 

You may also view copies of this 

proposed rule and any electronic or 

mailed comments that TTB receives 

about this proposal by appointment at 

the TTB Information Resource Center, 

1310 G Street NW., Washington, DC 

20005. You may also obtain copies at 20 

cents per 8.5- x 11-inch page. Contact 

TTB’s information specialist at the 

above address or by telephone at 202– 

453–2270 to schedule an appointment 

or to request copies of comments or 

other materials. 

Regulatory Flexibility Act 

TTB certifies that this proposed 

regulation, if adopted, would not have 

a significant economic impact on a 

substantial number of small entities. 

The proposed amendments merely 

provide industry members with more 

options and additional flexibility in 

wine labeling decisions. The proposed 

regulation imposes no new reporting, 

recordkeeping, or other administrative 

requirement. Therefore, no regulatory 

flexibility analysis is required. 

Executive Order 12866 

It has been determined that this 

proposed rule is not a significant 

regulatory action as defined by 

Executive Order 12866 of September 30, 

1993. Therefore, no regulatory 

assessment is required. 

Drafting Information 

Karen A. Thornton of the Regulations 

and Rulings Division drafted this notice 

of proposed rulemaking. 

List of Subjects in 27 CFR Part 4 

Administrative practice and 

procedure, Advertising, Labeling, 

Packaging and containers, Wine. 

Proposed Regulatory Amendment 

For the reasons discussed in the 

preamble, TTB proposes to amend title 

27, chapter I, part 4, Code of Federal 

Regulations, as follows: 

PART 4—LABELING AND 

ADVERTISING OF WINE 

■ 1. The authority citation for part 4 

continues to read as follows: 

Authority: 27 U.S.C. 205, unless otherwise 

noted. 

Subpart C—Standards of Identity for 

Wine 

■ 2. Section 4.25 is amended by revising 

paragraph (e)(3)(iv) to read as follows: 

§ 4.25 Appellations of origin. 

* * * * * 

(e) * * * 

(3) * * * 

(iv) In the case of American wine, it 

has been fully finished (except for cellar 

treatment pursuant to § 4.22(c), and 

blending which does not result in an 

alteration of class and type under 

§ 4.22(b)) within the State the 

viticultural area is located in or an 

adjacent State, or, for a viticultural area 

located in two or more contiguous 

States, within one of the States in which 

the viticultural area is located. 

* * * * * 

Signed: December 2, 2014. 

John J. Manfreda, 

Administrator. 

Approved: December 22, 2014. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2015–02552 Filed 2–6–15; 8:45 am] 

BILLING CODE 4810–31–P 

GULF COAST ECOSYSTEM 

RESTORATION COUNCIL 

40 CFR Part 1850 

[Docket Number: 110142015–1111–01] 

Procedures for Disclosure of Records 

Under the Freedom of Information Act 

and Privacy Act 

AGENCY: Gulf Coast Ecosystem 

Restoration Council. 

ACTION: Proposed rule. 

SUMMARY: This Proposed Rule sets forth 

the Gulf Coast Ecosystem Restoration 

Council’s (Council) proposed 

regulations regarding the Freedom of 

Information Act (FOIA), Privacy Act 

(PA), and declassification and public 

availability of national security 

information. 

DATES: Comments are due March 11, 

2015. 

ADDRESSES: The Council invites 

comments on the proposed FOIA and 

PA regulations. Comments may be 

submitted through one of these 

methods: 

Electronic Submission of Comments: 

Interested persons may submit 

comments electronically through the 

Federal eRulemaking Portal at http://

www.regulations.gov. Electronic 

submission of comments allows the 

commenter maximum time to prepare 

and submit a comment, ensures timely 

receipt, and enables the Council to make 

them available to the public. Comments 

submitted electronically through the 

http://www.regulations.gov Web site can 

be viewed by other commenters and 

interested members of the public. 

Mail: Send to Gulf Coast Ecosystem 

Restoration Council, 500 Poydras Street, 

Suite 1117, New Orleans, LA 70113. 

Email: Send to FOIAcomments@

RestoreTheGulf.gov. 

In general, the Council will make 

such comments available for public 

inspection and copying on its Web site, 

http://www.restorethegulf.gov/ without 

change, including any business or 

personal information provided, such as 

names, addresses, email addresses, or 

telephone numbers. All comments 

received, including attachments and 

other supporting materials, will be part 

of the public record and subject to 

public disclosure. You should only 

submit information that you wish to 

make publicly available. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Roberson at 202–482–1315. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The RESTORE Act, Public Law 112– 

141 (July 6, 2012), codified at 33 U.S.C. 

1321(t) and note, makes funds available 

for the restoration and protection of the 

Gulf Coast Region through a new trust 

fund in the Treasury of the United 

States, known as the Gulf Coast 

Restoration Trust Fund (Trust Fund). 

The Trust Fund will contain 80 percent 

of the administrative and civil penalties 

paid by the responsible parties after July 

6, 2012, under the Federal Water 

Pollution Control Act in connection 

with the Deepwater Horizon oil spill. 

These funds will be invested and made 

available through five components of 

the RESTORE Act. 


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Two of the five components, the 

Comprehensive Plan and Spill Impact 

Components, are administered by the 

Council, an independent federal entity 

created by the RESTORE Act. Under the 

Comprehensive Plan Component (33 

U.S.C. 1321(t)(2)), 30 percent of funds in 

the Trust Fund (plus interest) are 

available to develop a Comprehensive 

Plan to restore the ecosystem and the 

economy of the Gulf Coast Region. 

Under the Spill Impact Component (33 

U.S.C. 1321(t)(3)), 30 percent of funds in 

the Trust Fund will be disbursed to the 

five Gulf Coast States (Alabama, Florida, 

Louisiana, Mississippi, and Texas) or 

their administrative agents based on an 

allocation formula established by the 

Council by regulation based on criteria 

in the RESTORE Act. 

This Proposed Rule implements the 

Council’s obligation to make records 

available under the Freedom of 

Information Act (FOIA) and Privacy Act 

(PA). 

The Council will accept comments on 

the Proposed Rule for 30 days after 

publication, and publish a Final Rule 

after considering any comments. 

III. Procedural Requirements 

A. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

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

agencies to prepare a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements under the Administrative 

Procedure Act or any other statute, 

unless the agency certifies that this 

Interim Final Rule will not have a 

significant economic impact on a 

substantial number of small entities. 

The Council hereby certifies that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. Under the 

FOIA, agencies may recover only the 

direct costs of searching for, reviewing, 

and duplicating the records processed 

for requesters. Thus, the fees the 

Council assesses are typically nominal. 

Further, the number of ‘‘small entities’’ 

that make FOIA requests is relatively 

small compared to the number of 

individuals who make such requests. 

B. Paperwork Reduction Act 

This rule does not contain a 

‘‘collection of information’’ as defined 

by the Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)). 

C. Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

As an independent federal entity that 

is composed of, in part, six federal 

agencies, including the Departments of 

Agriculture, Army, Commerce, and 

Interior, the Department in which the 

Coast Guard is operating, and the 

Environmental Protection Agency, the 

requirements of Executive Orders 12866 

and 13563 are inapplicable to this rule. 

List of Subjects in 40 CFR Part 1850 

Administrative practice and 

procedure, Freedom of Information, 

Privacy, Public information, Classified 

information. 

For the reasons set forth in the 

preamble, the Gulf Coast Ecosystem 

Restoration Council proposes to add 40 

CFR part 1850 of Chapter VIII, to read 

as follows: 

PART 1850—AVAILABILITY OF 

RECORDS 

Subpart A—Production or Disclosure Under 

the Freedom of Information Act 

Sec. 

1850.1 Purpose and Scope. 

1850.2 Definitions. 

1850.3 General Provisions. 

1850.4 Public Reading Room. 

1850.5 Requirements for Making Requests. 

1850.6 Responding to Requests. 

1850.7 Appeals. 

1850.8 Authority to Determine. 

1850.9 Maintenance of Files. 

1850.10 Fees. 

1850.11 Requests for Confidential 

Treatment of Business Information. 

1850.12 Requests for Access to Confidential 

Commercial or Financial Information. 

Subpart B—Production or Disclosure under 

the Privacy Act 

1850.31 Purpose and scope. 

1850.32 Definitions. 

1850.33 Procedures for requests pertaining 

to individual records in a record system. 

1850.34 Times, places, and requirements 

for identification of individuals making 

requests. 

1850.35 Disclosure of requested 

information to individuals. 

1850.36 Special procedures: Medical 

records. 

1850.37 Request for correction or 

amendment to record. 

1850.38 Agency review of request for 

correction or amendment to record. 

1850.39 Appeal of initial adverse agency 

determination on correction or 

amendment. 

1850.40 Disclosure of record to person 

other than the individual to whom it 

pertains. 

1850.41 Fees. 

1850.42 Penalties. 

Authority: 33 U.S.C. 1321(f); 5 U.S.C. 552; 

5 U.S.C. 552a. 

Subpart A—Production or Disclosure 

Under the Freedom of Information Act 

§ 1850.1 Purpose and Scope. 

This subpart contains the regulations 

of the Gulf Coast Ecosystem Restoration 

Council (Council) implementing the 

Freedom of Information Act (FOIA) (5 

U.S.C. 552), as amended. These 

regulations supplement the FOIA, 

which provides more detail regarding 

requesters’ rights and the records the 

Council may release. 

The regulations of this subpart 

provide information concerning the 

procedures by which records may be 

obtained from the Council. Official 

records of the Council made available 

pursuant to the requirements of the 

FOIA shall be furnished to members of 

the public only as prescribed by this 

subpart. Information routinely provided 

to the public as part of a regular Council 

activity (for example, press releases) 

may be provided to the public without 

following this subpart. 

§ 1850.2 Definitions. 

(a) Commercial Use Request means a 

request from or on behalf of one who 

seeks information for a use or purpose 

that furthers the commercial, trade, or 

profit interests of the requester or the 

person on whose behalf the request is 

made. 

(b) Confidential Commercial 

Information means commercial or 

financial information, obtained by the 

Council from a submitter, that may 

contain information exempt from 

release under Exemption 4 of FOIA, 5 

U.S.C. 552(b)(4). 

(c) Council means to the Gulf Coast 

Ecosystem Restoration Council. 

(d) Days, unless stated as ‘‘calendar 

days,’’ are business days and do not 

include Saturday, Sunday, or federal 

holidays. 

(e) Direct costs means those expenses 

the Council actually incurs in searching 

for and duplicating (and, in the case of 

commercial requesters, reviewing) 

documents in response to a request 

made under § 1850.5. Direct costs 

include, for example, the labor costs of 

the employee performing the work (the 

basic rate of pay for the employee, plus 

16 percent of that rate to cover benefits) 

and the cost of operating duplicating 

machinery. Not included in direct costs 

are overhead expenses such as costs of 

space and heating or lighting of the 

facility in which the documents are 

stored. 

(f) Duplication means the making a 

copy of a document, or other 

information contained in it, necessary to 

respond to a FOIA request. Copies may 

take the form of paper, microfilm, 

audio-visual materials, or electronic 

records, among others. The Council 

shall honor a requester’s specified 

preference of form or format of 

disclosure if the record is readily 


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reproducible with reasonable efforts in 

the requested form or format. 

(g) Educational institution means a 

preschool, a public or private 

elementary or secondary school, or an 

institution of undergraduate higher 

education, graduate higher education, 

professional education, or an institution 

of vocational education that operates a 

program of scholarly research. 

(h) Fee category means one of the 

three categories that agencies place 

requesters in for the purpose of 

determining whether a requester will be 

charged fees for search, review and 

duplication. The three fee categories are: 

(1) Commercial requesters, (2) noncommercial scientific or educational 

institutions or news media requesters, 

and (3) all other requesters. 

(i) News means information about 

current events or that would be of 

current interest to the public. 

(j) Noncommercial scientific 

institution means an institution that is 

not operated on a ‘‘commercial’’ basis 

(as that term is used in this section) and 

which is operated solely for the purpose 

of conducting scientific research, the 

results of which are not intended to 

promote any particular product or 

industry. 

(k) Perfected request means a written 

FOIA request that meets all of the 

criteria set forth in § 1850.5. 

(l) Reading room means a location 

where records are available for review 

pursuant to 5 U.S.C. 552(a)(2). 

(m) Records under the FOIA include 

all Government records, regardless of 

format, medium or physical 

characteristics, and electronic records 

and information, audiotapes, 

videotapes, Compact Disks, DVDs, and 

photographs. 

(n) Records Management Officer 

means the person designated by the 

Executive Director of the Council to 

oversee all aspects of the Council’s 

records management program, including 

FOIA. 

(o) Representative of the news media, 

or news media requester, means any 

person or entity organized and operated 

to publish or broadcast news to the 

public that actively gathers information 

of potential interest to a segment of the 

public, uses its editorial skills to turn 

the raw materials into a distinct work, 

and distributes the work to an audience. 

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 the Council shall also 

look to the past publication record of a 

requester in making this determination. 

The Council’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. 

(p) Requester means any person, 

partnership, corporation, association, or 

foreign or State or local government, 

which has made a request to access a 

Council record under FOIA. 

(q) 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 business submitter under § 1850.12 

but does not include time spent 

resolving general legal or policy issues 

regarding the application of exemptions. 

(r) Search means the process of 

looking for and retrieving documents or 

information that is responsive to a 

request. Search time includes page-bypage or line-by-line identification of 

information within documents and also 

includes reasonable efforts to locate and 

retrieve information from records 

maintained in electronic form or format. 

(s) Submitter means any person or 

entity from whom the Council obtains 

confidential commercial information, 

directly or indirectly. 

(t) Unusual circumstances include 

situations in which the Council must: 

(1) Search for and collect the 

requested agency records from field 

facilities or other establishments that are 

separate from the office processing the 

request; 

(2) search for, collect, and 

appropriately examine a voluminous 

amount of separate and distinct records 

that are the subject of a single request; 

or 

(3) consult with another Federal 

agency having a substantial interest in 

the determination of the FOIA request. 

§ 1850.3 General Provisions. 

The Council shall prepare an annual 

report to the Attorney General of the 

United States regarding its FOIA 

activities in accordance with 5 U.S.C. 

552(e). 

§ 1850.4 Public Reading Room. 

The Council maintains an electronic 

public reading room on its Web site, 

http://www.restorethegulf.gov, which 

contains the records FOIA requires the 

Council to make available for public 

inspection and copying, as well as 

additional records of interest to the 

public. 

§ 1850.5 Requirements for Making 

Requests. 

(a) Type of Records Made Available. 

The Council shall make available upon 

request, pursuant to the procedures in 

this section and subject to the 

exceptions set forth in FOIA, all records 

of the Council that are not available 

under § 1850.4 of these procedures. The 

Council’s policy is to make 

discretionary disclosures of records or 

information otherwise exempt from 

disclosure under FOIA unless the 

Council reasonably foresees that such 

disclosure would harm an interest 

protected by one or more FOIA 

exemptions, or otherwise prohibited by 

law. This policy does not create any 

enforceable right in court. 

(b) Procedures for Requesting 

Records. A request for records shall 

reasonably describe the records in a way 

that enables Council staff to identify and 

produce the records with reasonable 

effort. The requester should include as 

much specific information as possible 

regarding dates, titles, and names of 

individuals. The Council may consider 

wide-ranging requests that lack 

specificity, require the production 

voluminous records, or contain broad 

descriptions of subject matters without 

reference to specific records to be ‘‘not 

reasonably described’’ and, therefore, 

not subject to further processing. For 

records ‘‘not reasonably described,’’ the 

Council may require the requestor or the 

requestor’s agent to confer with a 

Council representative in order to 

attempt to verify the scope of the 

request and, if possible, narrow such 

request. All requests must be submitted 

in writing (including by email, fax or 

mail) to the Council’s Records 

Management Officer. Requesters shall 

clearly mark a request as a ‘‘Freedom of 

Information Act Request’’ or ‘‘FOIA 


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Request’’ on the front of the envelope or 

in the subject line of the email. 

(c) Contents of Request. The request, 

at minimum, shall contain the following 

information: 

(1) The name, telephone number, and 

non-electronic address of the requester; 

(2) Whether the requested information 

is intended for commercial use, or 

whether the requester represents an 

education or noncommercial scientific 

institution, or news media; and 

(3) A statement agreeing to pay the 

applicable fees, identifying any fee 

limitation desired, or requesting a 

waiver or reduction of fees that satisfies 

§ 1850.10(j)(1) to (3). 

(d) Perfected Requests. The requester 

must meet all the requirements in this 

section to perfect a request. The Council 

will only process perfected requests. 

(e) Requestors may submit a request 

for records, expedited processing or 

waiver of fees by writing directly to the 

Records Management Officer via email 

at FOIArequest@restorethegulf.gov, first 

class United States mail at 500 Poydras 

Street, Suite 1117, New Orleans, LA 

70113. 

(f) Any Council officer or employee 

who receives a written Freedom of 

Information Act request shall promptly 

forward it to the Records Management 

Officer. Any Council officer or 

employee who receives an oral request 

under the Freedom of Information Act 

shall inform the person making the 

request that it must be in writing and 

also inform such person of the 

provisions of this subpart. 

§ 1850.6 Responding to Requests. 

(a) Receipt and Processing. The date 

of receipt for any request, including one 

that is addressed incorrectly or that is 

referred to the Council by another 

agency, is the date the Council actually 

receives the request. The Council 

normally will process requests in the 

order they are received. However, in the 

Records Management Officer’s 

discretion, the Council may use two or 

more processing tracks by 

distinguishing between simple and 

more complex requests based on the 

number of pages involved, or some 

other measure of the amount of work 

and/or time needed to process the 

request, and whether the request 

qualifies for expedited processing as 

defined by paragraph (d) of this section. 

When using multi-track processing, the 

Records Management Officer may 

provide requesters in the slower track(s) 

with an opportunity to limit the scope 

of their requests to qualify for faster 

processing. 

(b) Authorization. The Records 

Management Officer and other persons 

designated by the Council’s Executive 

Director are solely authorized to grant or 

deny any request for Council records. 

(c) Timing. (1) When a requester 

submits a request in accordance with 

§ 1850.5, the Records Management 

Officer shall inform the requester of the 

determination concerning that request 

within 20 days from receipt of the 

request, unless ‘‘unusual 

circumstances’’ exist, as defined in 

§ 1850.2(t). 

(2) When additional time is required 

as a result of ‘‘unusual circumstances,’’ 

as defined in § 1850.2(t), the Records 

Management Officer shall, within the 

statutory 20 day period, issue to the 

requester a brief written statement of the 

reason for the delay and an indication 

of the date on which it is expected that 

a determination as to disclosure will be 

forthcoming. If more than 10 additional 

days are needed, the requester shall be 

notified and provided an opportunity to 

limit the scope of the request or to 

arrange for an alternate time frame for 

processing the request. 

(3) The Council may toll the statutory 

time period to issue its determination 

on a FOIA request one time during the 

processing of the request to obtain 

clarification from the requester. The 

statutory time period to issue the 

determination on disclosure is tolled 

until the Council receives the 

information reasonably requested from 

the requester. The Council may also toll 

the statutory time period to issue the 

determination to clarify with the 

requester issues regarding fees. There is 

no limit on the number of times the 

agency may request clarifying fee 

information from the requester. 

(d) Expedited Processing (1) A 

requester may request expedited 

processing by submitting a statement, 

certified to be true and correct to the 

best of that person’s knowledge and 

belief, that demonstrates a compelling 

need for records, as defined in 5 U.S.C. 

552(a)(6)(E)(v). 

(2) The Records Management Officer 

will notify a requester of the 

determination to grant or deny a request 

for expedited processing within ten 

days of receipt of the request. If the 

Records Management Officer grants the 

request for expedited processing, the 

Council staff shall process the request as 

soon as practicable subject §§ 1850.10(d) 

and (e). If the Records Management 

Officer denies the request for expedited 

processing, the requester may file an 

appeal in accordance with the process 

described in § 1850.7. 

(3) The Council staff will give 

expedited treatment to a request when 

the Records Management Officer 

determines the requester has established 

one of the following: 

(i) Circumstances in which the lack of 

expedited treatment reasonably could be 

expected to pose an imminent threat to 

the life or physical safety of an 

individual; 

(ii) An urgency to inform the public 

about an actual or alleged Federal 

Government activity, if made by an 

individual primarily engaged in 

disseminating information; 

(iii) The loss of substantial due 

process rights; 

(iv) A matter of widespread and 

exceptional media interest raising 

possible questions about the Federal 

government’s integrity which affects 

public confidence; or 

(4) These procedures for expedited 

processing also apply to requests for 

expedited processing of administrative 

appeals. 

(e) Denials. If the Records 

Management Officer denies the request 

in whole or part, the Records 

Management Officer will inform the 

requester in writing and include the 

following: 

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

for the denial, including applicable 

FOIA exemption(s); 

(2) An estimate of the volume of 

records or information withheld; 

(3) The name and title or position of 

the person responsible for the denial of 

the request; 

(4) The requester’s right to appeal any 

such denial and the title and address of 

the official to whom such appeal is to 

be addressed; and 

(5) The requirement that the appeal be 

received within 45 days of the date of 

the denial. 

(f) Referrals to Another Agency. (1) 

When the Council receives a request for 

a record (or a portion thereof) in its 

possession that originated with another 

Federal agency subject to the FOIA, the 

Council shall, except as provided in 

subparagraph (3) of this paragraph, refer 

the record to that agency for direct 

response to the requester. However, if 

the Council and the originating agency 

jointly agree that the Council is in the 

best position to respond regarding the 

record, then the record may be handled 

as a consultation. 

(2) Whenever the Council refers any 

part of the responsibility for responding 

to a request to another agency, it shall 

document the referral, maintain a copy 

of the record that it refers, and notify the 

requester of the referral and inform the 

requester of the name of the agency to 

which the record was referred, 

including that agency’s FOIA contact 

information. 


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6938 Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Proposed Rules 

(3) The referral procedure is not 

appropriate where disclosure of the 

identity of the agency, typically a law 

enforcement agency or Intelligence 

Community agency, to which the 

referral would be made could harm an 

interest protected by an applicable 

exemption, such as the exemptions that 

protect personal privacy and national 

security interests. In such instances, in 

order to avoid harm to an interest 

protected by an applicable exemption, 

the Council shall coordinate with the 

originating agency to seek its views on 

the disclosability of the record. The 

release determination for the record that 

is the subject of the coordination shall 

then be conveyed to the requester by the 

Council. 

(g) Consulting with Another Agency. 

In instances where a record is requested 

that originated with the Council and 

another agency has a significant interest 

in the record (or a portion thereof), the 

Council shall consult with that agency 

before responding to a requester. When 

the Council receives a request for a 

record (or a portion thereof) in its 

possession that originated with another 

agency that is not subject to the FOIA, 

the Council shall consult with that 

agency before responding to the 

requester. 

(h) Providing Responsive Records. (1) 

Council staff shall send a copy of 

records or portions of records 

responsive to the request to the 

requester by regular United States mail 

to the address indicated in the request, 

unless the requester makes other 

acceptable arrangements or the Council 

deems it appropriate to send the records 

by other means. The Council shall 

provide a copy of the record in any form 

or format requested if the record is 

readily reproducible in that form or 

format. The Council need not provide 

more than one copy of any record to a 

requester. 

(2) The Records Management Officer 

shall provide any reasonably segregable 

portion of a record that is responsive to 

the request after redacting those 

portions that are exempt under FOIA or 

this section. 

(3) The Council is not required to 

create, compile, prepare or obtain from 

outside the Council a record to satisfy 

a request. 

(i) Prohibition Against Disclosure. 

Except as provided in this subpart, no 

member or employee of the Council 

shall disclose or permit the disclosure of 

any non-public information of the 

Council to any person (other than 

Council members, employees, or agents 

properly entitled to such information for 

the performance of their official duties), 

unless required by law to do so. 

§ 1850.7 Appeals. 

(a) Requesters may administratively 

appeal an adverse determination 

regarding a request by writing directly 

to the General Counsel via email at 

GeneralCounsel@restorethegulf.gov or 

first class United States mail at 500 

Poydras Street, Suite 1117, New 

Orleans, LA 70113. Administrative 

appeals sent to other individuals or 

addresses are not considered perfected. 

An adverse determination is a denial of 

a request and includes decisions that: 

the requested record is exempt, in 

whole or in part; the information 

requested is not a record subject to the 

FOIA; the requested record does not 

exist, cannot be located, or has 

previously been destroyed; or the 

requested record is not readily 

reproducible in the form or format 

sought by the requester. Adverse 

determinations also include denials 

involving fees or fee waiver matters or 

denials of requests for expedited 

processing. 

(b) FOIA administrative appeals must 

be in writing and should contain the 

phrase ‘‘FOIA Appeal’’ on the front of 

the envelope or in the subject line of the 

electronic mail. 

(c) Administrative appeals shall 

include a copy of the original request, 

the initial denial (if any), and a 

statement explaining the reasons that 

the Council should make the requested 

records available and the initial denial 

was made in error. 

(d) Requesters submitting an 

administrative appeal of an adverse 

determination must ensure that the 

Council receives the appeal within 45 

days of the date of the denial letter. 

(e) Upon receipt of an administrative 

appeal, Council staff shall inform the 

requester within 20 days of the 

determination on that appeal. 

(f) The determination on an appeal 

shall be in writing and, when it denies 

the appeal, in whole or in part, the letter 

to the requester shall include: 

(1) A brief explanation of the basis for 

the denial, including a list of the 

applicable FOIA exemptions and a 

description of how they apply; 

(2) A statement that the decision is 

final for the Council; 

(3) 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 

(4) The name and title or position of 

the official responsible for denying the 

appeal. 

§ 1850.8 Authority to Determine. 

The Records Management Officer or 

Council Executive Director, when 

receiving a request pursuant to these 

regulations, shall grant or deny such 

request. That decision shall be final, 

subject only to administrative appeal as 

provided in § 1850.7 of this subpart. The 

Council General Counsel shall deny or 

grant an administrative appeal 

requested under § 1850.7 of this subpart. 

§ 1850.9 Maintenance of Files. 

The Records Management Officer 

shall maintain files containing all 

material required to be retained by or 

furnished to them under this subpart. 

The material shall be filed by a unique 

tracking number. 

§ 1850.10 Fees. 

(a) Generally. Except as provided 

elsewhere in this section, the Records 

Management Officer shall assess fees 

where applicable in accordance with 

this section for search, review, and 

duplication of records requested. The 

Records Management Officer shall also 

have authority to furnish documents 

without any charge or at a reduced 

charge if disclosure of the information is 

in the public interest because it is likely 

to contribute significantly to public 

understanding of the operations or 

activities of the government and is not 

primarily in the commercial interest of 

the requester. 

(b)(1) Fee Schedule; Waiver of Fees. 

The fees applicable to a request for 

Council records pursuant to § 1850.5 are 

set forth in the following uniform fee 

schedule: 

Service Rate 

(i) Manual search ...................................................................................... Actual salary rate of employee involved, plus 16 percent of salary rate 

to cover benefits. 

(ii) Computerized search .......................................................................... Actual direct cost, including operator time. 

(iii) Duplication of records:.

(A) Paper copy reproduction ............................................................. $0.05 per page. 


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Service Rate 

(B) Other reproduction (e.g., computer disk or printout, microfilm, 

microfiche, or microform).

Actual direct cost, including operator time. 

(iv) Review of records (including redaction) ............................................. Actual salary rate of employee involved, plus 16 percent of salary rate 

to cover benefits. 

(2) Search. (i) The Council shall 

charge search fees for all requests, 

subject to the limitations of paragraph 

(b)(5) of this section. The Records 

Management Officer shall charge for 

time spent searching for responsive 

records, even if no responsive record is 

located or if the Records Management 

Officer withholds records located as 

entirely exempt from disclosure. Search 

fees shall equal the direct costs of 

conducting the search by the Council 

employee involved, plus 16 percent of 

the salary rate to cover benefits. 

ii. For computer searches of records, 

the Council will charge requesters the 

direct costs of conducting the search. In 

accordance with paragraph (f) of this 

section, however, the Council will 

charge certain requesters no search fee 

and certain other requesters are entitled 

to the cost equivalent of two hours of 

manual search time without charge. 

These direct costs include the costs 

attributable to the salary of an operator/ 

programmer performing a computer 

search. 

(3) Duplication. The Council will 

charge duplication fees to all requesters, 

subject to the limitations of paragraph 

(b)(5) of this section. The fee for a paper 

photocopy of a record (no more than 

one copy of which need be supplied) is 

5 cents per page. The Records 

Management Officer will charge the 

requester for the direct costs, including 

operator time, of making copies 

produced by computer, such as tapes or 

printouts. The Records Management 

Officer will charge a requester the direct 

costs of providing other forms of 

duplication. 

(4) Review. The Council will charge 

review fees to requesters who make a 

commercial use request. Review fees 

generally are limited to the initial record 

review, i.e., the review done when the 

Records Management Officer determines 

whether an exemption applies to a 

particular record at the initial request 

level. The Council will not charge a 

requester for additional review at the 

administrative appeal level. Review fees 

consist of the direct costs of conducting 

the review by the Council employee 

involved, plus 16 percent of the salary 

rate to cover benefits. 

(5) Limitations on charging fees. (i) 

The Council will not charge a search fee 

for requests from educational 

institutions, noncommercial scientific 

institutions, or representatives of the 

news media. 

ii. The Council will not charge a 

search fee or review fee for a quarterhour period unless more than half of 

that period is required for search or 

review. 

iii. The Council will not charge a fee 

to a requester whenever the total fee 

calculated under this paragraph is $25 

or less for the request. 

iv. Except for requesters seeking 

records for a commercial use, the 

Council will provide without charge the 

first 100 pages of duplication (or the 

cost equivalent) and the first two hours 

of search. 

v. The provisions of paragraphs (5)(iii) 

and (5)(iv) of this section work together. 

This means that for requesters other 

than those seeking records for a 

commercial use, no fee shall be charged 

unless the cost of search is in excess of 

two hours plus the cost of duplication 

in excess of 100 pages totals more than 

$25. 

vi. No search fees shall be charged to 

a requester when the Council does not 

comply with the statutory time limits at 

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

to a request, unless unusual or 

exceptional circumstances (as those 

terms are defined by the FOIA) apply to 

the processing of the request. 

vii. 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 the Council 

does not comply with the statutory time 

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

respond to a request, unless unusual or 

exceptional circumstances (as those 

terms are defined by the FOIA) apply to 

the processing of the request. 

(c) Payment Procedures. All 

requesters shall pay the applicable fee 

before the Council sends copies of the 

requested records, unless the Records 

Management Official grants a fee 

waiver. Requesters must pay fees by 

check or money order made payable to 

the ‘‘Treasury of the United States.’’ 

Checks and money orders should be 

mailed to 500 Poydras Street, Suite 

1117, New Orleans, LA 70113. 

(d) Advance Notification of Fees. If 

the estimated charges exceed $25, the 

Records Management Officer shall 

notify the requester of the estimated 

amount, unless the requester has 

indicated a willingness to pay fees as 

high as those anticipated. Upon receipt 

of such notice, the requester may confer 

with the Records Management Officer to 

reformulate the request to lower the 

costs. Council staff shall suspend 

processing the request until the 

requester provides the Records 

Management Officer with a written 

guarantee that the requester will make 

payment upon completion of processing 

(i.e., upon completion of the search, 

review and duplication, but prior the 

Council sending copies of the requested 

records to the requester). 

(e) Advance Payment. The Records 

Management Officer shall require 

advance payment of any fee estimated to 

exceed $250. The Records Management 

Officer also shall require full payment 

in advance where a requester has 

previously failed to pay a fee in a timely 

fashion. If an advance payment of an 

estimated fee exceeds the actual total fee 

by $1 or more, the Council shall refund 

the difference to the requester. The 

Council shall suspend the processing of 

the request and the statutory time 

period for responding to the request 

until the Records Management Officer 

receives the required payment. 

(f) Categories of Uses. The fees 

assessed depend upon the fee category. 

In determining which category is 

appropriate, the Records Management 

Officer shall look to the identity of the 

requester and the intended use set forth 

in the request for records. Where a 

requester’s description of the use is 

insufficient to make a determination, 

the Records Management Officer may 

seek additional clarification before 

categorizing the request. 

(1) Commercial use requester: The 

fees for search, duplication, and review 

apply. 

(2) Educational institutions, noncommercial scientific institutions, or 

representatives of the news media 

requesters: The fees for duplication 

apply. The Council will provide the first 

100 pages of duplication free of charge. 

(3) All other requesters: The fees for 

search and duplication apply. The 

Council will provide the first two hours 

of search time and the first 100 pages of 

duplication free of charge. 


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Category Chargeable fees 

(i) Commercial Use Requesters ............................................................... Search, Review, and Duplication. 

(ii) Education and Non-commercial Scientific Institution Requesters ...... Duplication (excluding the cost of the first 100 pages). 

(iii) Representatives of the News Media .................................................. Duplication (excluding the cost of the first 100 pages). 

(iv) All Other Requesters .......................................................................... Search and Duplication (excluding the cost of the first 2 hours of 

search and first 100 pages of duplication). 

(g) Nonproductive Search. The 

Council may charge fees for search even 

if no responsive documents are found. 

(h) Interest Charges. The Records 

Management Officer may assess interest 

charges on any unpaid bill starting on 

the 31st calendar day following the date 

the Council sent the bill to the 

requester. The Council will charge 

interest at the rate prescribed in 31 

U.S.C. 3717 on fees payable in 

accordance with this section. The 

Council will follow the provisions of the 

Debt Collection Act of 1982 (Pub. L. 97– 

365, 96 Stat. 1749), as amended, and its 

administrative procedures, including 

the use of consumer reporting agencies, 

collection agencies, and offset. 

(i) Aggregated Requests. A requester 

may not file multiple requests at the 

same time solely in order to avoid 

payment of fees. If the Council 

reasonably believes that a request, or a 

group of requesters acting in concert, is 

attempting to break down a request into 

a series of requests for the purpose of 

evading the assessment of fees, the 

Council may aggregate any such 

requests and charge accordingly. The 

Records Management Officer may 

reasonably presume that one requester 

making multiple requests on the same 

topic within a 30-day period has done 

so to avoid fees. 

(j) Waiver or Reduction of Fees. To 

seek a waiver, a requester shall include 

the request for waiver or reduction of 

fees, and the justification for such based 

on the factors set forth in this paragraph, 

with the request for records to which it 

pertains. If a requester requests a waiver 

or reduction and has not indicated in 

writing an agreement to pay the 

applicable fees, the time for responding 

to the request for Council records shall 

not begin until the Records Management 

Officer makes a determination regarding 

the request for a waiver or reduction of 

fees. 

(1) Records responsive to a request 

shall be furnished without charge, or at 

a reduced rate below that established in 

paragraph (b) of this section, where the 

Council determines, after consideration 

of all available information, that the 

requester has demonstrated that: 

(i) Disclosure of the requested 

information is in the public interest 

because it is likely to contribute 

significantly to public understanding of 

the operations or activities of the 

Government; and 

(ii) Disclosure of the information is 

not primarily in the commercial interest 

of the requester. 

(2) In deciding whether disclosure of 

the requested information is in the 

public interest because it is likely to 

contribute significantly to public 

understanding of the operations or 

activities of the Government, the 

Council will consider the following 

factors: 

(i) The subject of the request: whether 

the subject of the requested records 

concerns the operations or activities of 

the Government. The subject of the 

requested records must concern 

identifiable operations or activities of 

the Federal government, with a 

connection that is direct and clear, not 

remote or attenuated. 

(ii) The informative value of the 

information to be disclosed: whether the 

disclosure is ‘‘likely to contribute’’ to an 

understanding of Government 

operations or activities. The disclosable 

portions of the requested records must 

be meaningfully informative about 

government operations or activities in 

order to be ‘‘likely to contribute’’ to an 

increased public understanding of those 

operations or activities. The disclosure 

of information that already is in the 

public domain, in either the same or a 

substantially identical form, would not 

be likely to contribute to such an 

understanding. 

(iii) The contribution to an 

understanding of the subject by the 

public: 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 

as well as his or her ability and 

intention to effectively convey 

information to the public shall be 

considered. It shall be presumed that a 

representative of the news media will 

satisfy this consideration. Merely 

providing information to media sources 

is insufficient to satisfy this 

consideration. 

(iv) The significance of the 

contribution to public understanding: 

whether the disclosure is likely to 

contribute ‘‘significantly’’ to public 

understanding of Government 

operations or activities. The public’s 

understanding of the subject in question 

prior to disclosure must be significantly 

enhanced by the disclosure. 

(3) To determine whether disclosure 

of the requested information is 

primarily in the commercial interest of 

the requester, the Council will consider 

the following factors: 

(i) The existence and magnitude of a 

commercial interest: whether the 

requester has a commercial interest that 

would be furthered by the requested 

disclosure. The Council shall consider 

any commercial interest of the requester 

(with reference to the definition of 

‘‘commercial use request’’ in 

§ 1850.2(b)), or of any person on whose 

behalf the requester may be acting, that 

would be furthered by the requested 

disclosure. Requesters shall be given an 

opportunity to provide explanatory 

information regarding this 

consideration. 

(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 if 

‘‘primarily in the commercial interest of 

the requester.’’ A fee waiver or 

reduction is justified if the public 

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

this section) is satisfied and the public 

interest is greater than any identified 

commercial interest in disclosure. The 

Council 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. 

(4) A request for a waiver or reduction 

of fees shall include a clear statement of 

how the request satisfies the criteria set 

forth in paragraphs (j)(2) and (3) of this 

section, insofar as they apply to each 

request. The burden shall be on the 

requester to present evidence or 

information in support of a request for 

a waiver or reduction of fees. 

(5) Where only some of the records to 

be released satisfy the requirements for 

a fee waiver, a waiver shall be granted 

for those records. 


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(6) The Records Management Officer 

shall make a determination on the 

request for a waiver or reduction of fees 

and shall notify the requester 

accordingly. A denial may be appealed 

to the General Counsel in accordance 

with § 1850.7 of this subpart. 

§ 1850.11 Requests for Confidential 

Treatment of Business Information. 

(a) Submission of Request. Any 

submitter of information to the Council 

who desires confidential treatment of 

business information pursuant to 5 

U.S.C. 552(b)(4) shall file a request for 

confidential treatment with the Council 

at the time the information is submitted 

or within a reasonable time after 

submission. These designations will 

expire ten years after the date of 

submission unless the submitter 

requests, and provides justification for, 

a longer period. 

(b) Form of Request. Each request for 

confidential treatment of business 

information shall state in reasonable 

detail the facts supporting the 

commercial or financial nature of the 

business information and the legal 

justification under which the business 

information should be protected. 

Conclusory statements indicating that 

release of the information would cause 

competitive harm generally are not 

sufficient to justify confidential 

treatment. 

(c) Designation and Separation of 

Confidential Material. A submitter shall 

clearly mark all information it considers 

confidential as ‘‘PROPRIETARY’’ or 

‘‘BUSINESS CONFIDENTIAL’’ in the 

submission and shall separate 

information so marked from other 

information submitted. Failure by the 

submitter to segregate confidential 

commercial or financial information 

from other material may result in release 

of the nonsegregated material to the 

public without notice to the submitter. 

§ 1850.12 Requests for Access to 

Confidential Commercial or Financial 

Information. 

(a) Notice to Submitters. The Council 

shall provide a submitter with prompt 

notice of a FOIA request or 

administrative appeal that seeks its 

business information whenever required 

under paragraph (b) of this section, 

except as provided in paragraph (e) of 

this section, in order to give the 

submitter an opportunity under 

paragraph (c) of this section to object to 

disclosure of any specified portion of 

that information. The notice shall either 

describe the business information 

requested or include copies of the 

requested 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. 

(b) 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 Council has reason to believe 

that the information may be protected 

from disclosure under FOIA exemption 

(b)(4). 

(c) Opportunity to object to disclosure. 

The Council shall allow a submitter 

seven days from the date of receipt of 

the written notice described in 

paragraph (a) of this section to provide 

the Council with a statement of any 

objection to disclosure. The statement 

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 frame 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. 

(d) Notice of intent to disclose. The 

Council shall consider a submitter’s 

objections and specific grounds under 

the FOIA for nondisclosure in deciding 

whether to disclose business 

information. If the Council decides to 

disclose business information over a 

submitter’s objection, the Council 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 business 

information to be disclosed; and 

(3) A statement that the Council 

intends to disclose the information 

seven days from the date the submitter 

receives the notice. 

(e) Exceptions to notice requirements. 

The notice requirements of paragraphs 

(a) and (d) of this section shall not apply 

if: 

(1) The Council determines that the 

information is exempt and will be 

withheld under a FOIA exemption, 

other than exemption (b)(4); 

(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 this section or 

§ 1850.11 appears obviously frivolous, 

except that, in such a case, the Council 

shall provide the submitter written 

notice of any final decision to disclose 

the information seven days from the 

date the submitter receives the notice. 

(f) Notice to requester. The Council 

shall notify a requester whenever it 

provides the submitter with notice and 

an opportunity to object to disclosure; 

whenever it notifies the submitter of its 

intent to disclose the requested 

information; and whenever a submitter 

files a lawsuit to prevent the disclosure 

of the information. 

(g) Notice of Lawsuits. Whenever a 

requester files a lawsuit seeking to 

compel the disclosure of confidential 

commercial information, the Council 

shall promptly notify the submitter. 

§ 1850.13 Classified Information. 

In processing a request for 

information classified under Executive 

Order 13526 or any other Executive 

Order concerning the classification of 

records, the information shall be 

reviewed to determine whether it 

should remain classified. Ordinarily the 

Council or other Federal agency that 

classified the information should 

conduct the review, except that if a 

record contains information that has 

been derivatively classified by the 

Council because it contains information 

classified by another agency, the 

Council shall refer the responsibility for 

responding to the request to the agency 

that classified the underlying 

information. Information determined to 

no longer require classification shall not 

be withheld on the basis of FOIA 

exemption (b)(1) (5 U.S.C. 552(b)(1)), 

but should be reviewed to assess 

whether any other FOIA exemption 

should be invoked. Appeals involving 

classified information shall be 

processed in accordance with § 1850.7 

of this subpart. 

Subpart B—Production or Disclosure 

under the Privacy Act 

§ 1850.31 Purpose and Scope. 

This subpart contains the regulations 

of the Gulf Coast Ecosystem Restoration 

Council (Council) implementing the 

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

sets forth the basic responsibilities of 

the Council under the Privacy Act (the 

Act) and offers guidance to members of 

the public who wish to exercise any of 


rljohnson on DSK67QTVN1PROD with PROPOSALS
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the rights established by the Act with 

regard to records maintained by the 

Council. Council records that are 

contained in a government-wide system 

of records established by the U.S. Office 

of Personnel Management (OPM), the 

General Services Administration (GSA), 

the Merit Systems Protection Board 

(MSPB), the Office of Government 

Ethics (OGE), Equal Employment 

Opportunity Commission (EEOC) or the 

Department of Labor (DOL) for which 

those agencies have published systems 

notices are subject to the publishing 

agency’s Privacy Act regulations. Where 

the government-wide systems notices 

permit access to these records through 

the employing agency, an individual 

should submit requests for access to, for 

amendment of or for an accounting of 

disclosures to the Council in accordance 

with § 1850.33 of this subpart. 

§ 1850.32 Definitions. 

(a) For purposes of this subpart, the 

terms individual, maintain, record, and 

system of records shall have the 

meanings set forth in 5 U.S.C. 552a(a). 

(b) Working days are business days 

and do not include Saturday, Sunday, or 

federal holidays. 

§ 1850.33 Procedures for Requests 

Pertaining to Individual Records in a 

Record System. 

(a) Any person who wishes to be 

notified if a system of records 

maintained by the Council contains any 

record pertaining to him or her, or to 

request access to such record or to 

request an accounting of disclosures 

made of such record, shall submit a 

written request, either in person or by 

mail, in accordance with the 

instructions set forth in the system 

notice published in the Federal 

Register. The request shall include: 

(1) The name of the individual 

making the request; 

(2) The name of the system of records 

(as set forth in the system notice to 

which the request relates); 

(3) Any other information specified in 

the system notice; 

(4) When the request is for access to 

records, a statement indicating whether 

the requester desires to make a personal 

inspection of the records or be supplied 

with copies by mail; and 

(5) Any additional information 

required by § 1850.34 of this subpart for 

proper verification of identity or 

authority to access the information. 

(b) Requests pertaining to records 

contained in a system of records 

established by the Council and for 

which the Council has published a 

system notice should be submitted to 

the person or office indicated in the 

system notice. Requests pertaining to 

Council records contained in the 

government-wide systems of records 

listed below should be submitted as 

follows: 

(1) For systems OPM/GOVT–1 

(General Personnel Records), OPM/

GOVT–2 (Employee Performance File 

System Records), OPM/GOVT–3 

(Records of Adverse Actions and 

Actions Based on Unacceptable 

Performance), GSA/GOVT–4 

(Contracted Travel Services Program), 

OPM/GOVT–5 (Recruiting, Examining 

and Placement Records), OPM/GOVT–6 

(Personnel Research and Test Validation 

Records), OPM/GOVT–7 (Applicant 

Race, Sex, National Origin, and 

Disability Status Records), OPM/GOVT– 

9 (Files on Position Classification 

Appeals, Job Grading Appeals and 

Retained Grade or Pay Appeals), OPM/ 

GOVT–10 (Employee Medical File 

System Records) and DOL/ESA–13 

(Office of Workers’ Compensation 

Programs, Federal Employees’ 

Compensation File), or any other 

government-wide system of record not 

specifically listed, to the 

restorecouncil@restorethegulf.gov; and 

(2) For systems OGE/GOVT–1 

(Executive Branch Public Financial 

Disclosure Reports and Other Ethics 

Program Records), OGE/GOVT–2 

(Confidential Statements of 

Employment and Financial Interests) 

and MSPB/GOVT–1 (Appeal and Case 

Records), to the General Counsel at 

restorecouncil@restorethegulf.gov. 

(c) Any person whose request for 

access under paragraph (a) of this 

section is denied, may appeal that 

denial in accordance with § 1850.39 of 

this subpart. 

§ 1850.34 Times, Places, and 

Requirements for Identification of 

Individuals Making Requests. 

(a) If a person submitting a request for 

access under § 1850.33 has asked that 

the Council authorize a personal 

inspection of records pertaining to that 

person, and the appropriate Council 

official has granted that request, the 

requester shall present himself or 

herself at the time and place specified 

in the Council’s response or arrange 

another, mutually convenient time with 

the appropriate Council official. 

(b) Prior to personal inspection of the 

records, the requester shall present 

sufficient personal identification (e.g., 

driver’s license, employee identification 

card, social security card, credit cards). 

If the requester is unable to provide 

such identification, the requester shall 

complete and sign in the presence of a 

Council official a signed statement 

asserting his or her identity and 

stipulating that he or she understands 

that knowingly or willfully seeking or 

obtaining access to records about 

another individual under false pretenses 

is a misdemeanor punishable by fine up 

to $5,000. 

(c) Any person who has requested 

access under § 1850.3 to records through 

personal inspection, and who wishes to 

be accompanied by another person or 

persons during this inspection, shall 

submit a written statement authorizing 

disclosure of the record in such person’s 

or persons’ presence. 

(d) If an individual submitting a 

request by mail under § 1850.33 wishes 

to have copies furnished by mail, he or 

she must include with the request a 

signed and notarized statement asserting 

his or her identity and stipulating that 

he or she understands that knowingly or 

willfully seeking or obtaining access to 

records about another individual under 

false pretenses is a misdemeanor 

punishable by fine up to $5,000. 

(e) A request filed by the parent of any 

minor or the legal guardian of any 

incompetent person shall: state the 

relationship of the requester to the 

individual to whom the record pertains; 

present sufficient identification; and, if 

not evident from information already 

available to the Council, present 

appropriate proof of the relationship or 

guardianship. 

(f) A person making a request 

pursuant to a power of attorney must 

possess a specific power of attorney to 

make that request. 

(g) No verification of identity will be 

required where the records sought are 

publicly available under the Freedom of 

Information Act. 

§ 1850.35 Disclosure of Requested 

Information to Individuals. 

(a) Upon receipt of request for 

notification as to whether the Council 

maintains a record about an individual 

and/or request for access to such record: 

(1) The appropriate Council official 

shall acknowledge such request in 

writing within 10 working days of 

receipt of the request. Wherever 

practicable, the acknowledgement 

should contain the notification and/or 

determination required in paragraph 

(a)(2) of this section. 

(2) The appropriate Council official 

shall provide, within 30 working days of 

receipt of the request, written 

notification to the requester as to the 

existence of the records and/or a 

determination as to whether or not 

access will be granted. In some cases, 

such as where records have to be 

recalled from the Federal Records 

Center, notification and/or a 

determination of access may be delayed. 


rljohnson on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Proposed Rules 6943 

In the event of such a delay, the Council 

official shall inform the requester of this 

fact, the reasons for the delay, and an 

estimate of the date on which 

notification and/or a determination will 

be forthcoming. 

(3) If access to a record is granted, the 

determination shall indicate when and 

where the record will be available for 

personal inspection. If a copy of the 

record has been requested, the Council 

official shall mail that copy or retain it 

at the Council to present to the 

individual, upon receipt of a check or 

money order in an amount computed 

pursuant to § 1850.41. 

(4) When access to a record is to be 

granted, the appropriate Council official 

will normally provide access within 30 

working days of receipt of the request 

unless, for good cause shown, he or she 

is unable to do so, in which case the 

requester shall be informed within 30 

working days of receipt of the request as 

to those reasons and when it is 

anticipated that access will be granted. 

(5) The Council shall not deny any 

request under § 1850.33 concerning the 

existence of records about the requester 

in any system of records it maintains, or 

any request for access to such records, 

unless that system is exempted from the 

requirements of 5 U.S.C. 552a. 

(6) If the Council receives a request 

pursuant to § 1850.33 for access to 

records in a system of records it 

maintains which is so exempt, the 

appropriate Council official shall deny 

the request. 

(b) Upon request, the appropriate 

Council official shall make available an 

accounting of disclosures pursuant to 5 

U.S.C. 552a(c)(3), unless that system is 

exempted from the requirements of 5 

U.S.C. 552a. 

(c) If a request for access to records is 

denied pursuant to paragraph (a) or (b) 

of this section, the determination shall 

specify the reasons for the denial and 

advise the individual how to appeal the 

denial in accordance with § 1850.39 of 

this subpart. All appeals must be 

submitted in writing to the General 

Counsel at GeneralCounsel@

restorethegulf.gov. 

(d) Nothing in 5 U.S.C. 552a or this 

subpart allows an individual access to 

any information compiled in reasonable 

anticipation of a civil action or 

proceeding. 

§ 1850.36 Special Procedures: Medical 

Records. 

In the event the Council receives a 

request pursuant to § 1850.33 for access 

to medical records (including 

psychological records) and the 

appropriate Council official determines 

disclosure could be harmful to the 

individual to whom they relate, he or 

she may refuse to disclose the records 

directly to the requester but shall 

transmit them to a physician designated 

by that individual. 

§ 1850.37 Request for Correction or 

Amendment to Record. 

(a) Any person who wishes to request 

correction or amendment of any record 

pertaining to him or her that is 

contained in a system of records 

maintained by the Council, shall submit 

that request in writing in accordance 

with the instructions set forth in the 

system notice for that system of records. 

If the request is submitted by mail, the 

envelope should be clearly labeled 

‘‘Personal Information Amendment.’’ 

The request shall include: 

(1) The name of the individual 

making the request; 

(2) The name of the system of records 

as set forth in the system notice to 

which the request relates; 

(3) A description of the nature (e.g., 

modification, addition or deletion) and 

substance of the correction or 

amendment requested; and 

(4) Any other information specified in 

the system notice. 

(b) Any person submitting a request 

pursuant to paragraph (a) of this section 

shall include sufficient information in 

support of that request to allow the 

Council to apply the standards set forth 

in 5 U.S.C. 552a(e) requiring the Council 

to maintain accurate, relevant, timely, 

and complete information. 

(c) All requests to amend pertaining to 

personnel records described in 

§ 1850.33(b) shall conform to the 

requirements of paragraphs (a) and (b) of 

this section and may be directed to the 

appropriate officials as indicated in 

§ 1850.33(b). Such requests may also be 

directed to the system manager 

specified in the OPM’s systems notices. 

(d) Any person whose request under 

paragraph (a) of this section is denied 

may appeal that denial in accordance 

with § 1850.39. 

§ 1850.38 Council Review of Request for 

Correction or Amendment to Record. 

(a) When the Council receives a 

request for amendment or correction 

under § 1850.37(a), the appropriate 

Council official shall acknowledge that 

request in writing within 10 working 

days of receipt. He or she shall promptly 

either: 

(1) Determine to grant all or any 

portion of a request for correction or 

amendment; and: 

(i) Advise the individual of that 

determination; 

(ii) Make the requested correction or 

amendment; and 

(iii) Inform any person or agency 

outside the Council to whom the record 

has been disclosed, and where an 

accounting of that disclosure is 

maintained in accordance with 5 U.S.C. 

552a(c), of the occurrence and substance 

of the correction or amendments; or 

(2) Inform the requester of the refusal 

to amend the record in accordance with 

the request; the reason for the refusal; 

and the procedures whereby the 

requester can appeal the refusal to the 

General Counsel of the Council in 

accordance with § 1850.39. 

(b) If the Council official informs the 

requester of the determination within 

the 10-day deadline, a separate 

acknowledgement is not required. 

(c) In conducting the review of a 

request for correction or amendment, 

the Council official shall be guided by 

the requirements of 5 U.S.C. 552a(e). 

(d) In the event that the Council 

receives a notice of correction or 

amendment from another agency that 

pertains to records maintained by the 

Council, the Council shall make the 

appropriate correction or amendment to 

its records and comply with paragraph 

(a)(1)(iii) of this section. 

(e) Requests for amendment or 

correction of records maintained in the 

government-wide systems of records 

listed in § 1850.35(c) shall be governed 

by the appropriate agency’s regulations 

cited in that paragraph. 

§ 1850.39 Appeal of Initial Adverse Agency 

Determination on Correction or 

Amendment. 

(a) If a request for correction or 

amendment of a record in a system of 

records maintained by the Council is 

denied, the requester may appeal the 

determination in writing to the General 

Counsel at GeneralCounsel@

restorethegulf.gov. 

(b) The General Counsel shall make a 

final determination with regard to an 

appeal submitted under paragraph (a) of 

this section not later than 30 working 

days from the date on which the 

individual requests a review, unless for 

good cause shown, this 30-day period is 

extended and the requester is notified of 

the reasons for the extension and of the 

estimated date on which a final 

determination will be made. Such 

extensions will be used only in 

exceptional circumstances and will not 

normally exceed 30 working days. 

(c) In conducting the review of an 

appeal submitted under paragraph (a) of 

this section, the General Counsel shall 

be guided by the requirements of 5 

U.S.C. 552a(e). 

(d) If the General Counsel determines 

to grant all or any portion of a request 

on an appeal submitted under paragraph 


rljohnson on DSK67QTVN1PROD with PROPOSALS
6944 Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Proposed Rules 

(a) of this section, he or she shall so 

inform the requester, and the 

appropriate Council official shall 

comply with the procedures set forth in 

§ 1850.38(a)(1)(ii) and (iii). 

(e) If the General Counsel determines 

in accordance with paragraphs (b) and 

(c) of this section not to grant all or any 

portion of a request on an appeal 

submitted under paragraph (a) of this 

section, he or she shall inform the 

requester: 

(1) Of this determination and the 

reasons for it; 

(2) Of the requester’s right to file a 

concise statement of reasons for 

disagreement with the determination of 

the General Counsel; 

(3) That such statements of 

disagreement will be made available to 

anyone to whom the record is 

subsequently disclosed, together with (if 

the General Counsel deems it 

appropriate) a brief statement 

summarizing the General Counsel’s 

reasons for refusing to amend the 

record; 

(4) That prior recipients of the 

disputed record will be provided with a 

copy of the statement of disagreement 

together with (if the General Counsel 

deems it appropriate) a brief statement 

of the General Counsel’s reasons for 

refusing to amend the record, to the 

extent that an accounting of disclosure 

is maintained under 5 U.S.C. 552a(c); 

and 

(5) Of the requester’s right to file a 

civil action in Federal district court to 

seek a review of the determination of 

the General Counsel in accordance with 

5 U.S.C. 552a(g). 

(f) The General Counsel shall ensure 

that any statements of disagreement 

submitted by a requestor are made 

available or distributed in accordance 

with paragraphs (e)(3) and (4) of this 

section. 

§ 1850.40 Disclosure of Record to Person 

Other than the Individual to Whom it 

Pertains. 

The Counsel shall not disclose any 

record which is contained in a system 

of records it maintains, by any means of 

communication to any person or to 

another agency, except pursuant to a 

written request by, or with the prior 

written consent of the individual to 

whom the record pertains, unless the 

disclosure is authorized by one or more 

provisions of 5 U.S.C. 552a(b). 

§ 1850.41 Fees. 

(a) No fee shall be charged for 

searches necessary to locate records. No 

charge shall be made if the total fees 

authorized are less than $1.00. Fees 

shall be charged for services rendered 

under this subpart as follows: 

(1) For copies made by photocopy— 

$0.05 per page (maximum of 10 copies). 

For copies prepared by computer, such 

as tapes or printouts, the Council will 

charge the direct cost incurred by the 

agency, including operator time. For 

other forms of duplication, the Council 

will charge the actual costs of that 

duplication. 

(2) For attestation of documents— 

$25.00 per authenticating affidavit or 

declaration. 

(3) For certification of documents— 

$50.00 per authenticating affidavit or 

declaration. 

(b) All required fees shall be paid in 

full prior to issuance of requested copies 

of records. Requestors must pay fees by 

check or money order made payable to 

the ‘‘Treasury of the United States.’’ 

§ 1850.42 Penalties. 

The criminal penalties which have 

been established for violations of the 

Privacy Act of 1974 are set forth in 5 

U.S.C. 552a(i). Penalties are applicable 

to any officer or employee of the 

Council; to contractors and employees 

of such contractors who enter into 

contracts with the Council, and who are 

considered to be employees of the 

Council within the meaning of 5 U.S.C. 

552a(m); and to any person who 

knowingly and willfully requests or 

obtains any record concerning an 

individual from the Council under false 

pretenses. 

Will D. Spoon, 

Program Analyst, Gulf Coast Ecosystem 

Restoration Council. 

[FR Doc. 2015–02163 Filed 2–6–15; 8:45 am] 

BILLING CODE 3510–EA–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Part 536 

[GSAR Case 2008–G509; Docket 2008–0007; 

Sequence 24] 

RIN 3090–AI81 

General Services Administration 

Acquisition Regulation (GSAR); GSAR 

Case 2008–G509; Rewrite of GSAR 

Part 536, Construction and ArchitectEngineer Contracts 

AGENCY: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Proposed rule; withdrawal. 

SUMMARY: GSA has decided to withdraw 

GSAR Case 2008–G509; Rewrite of 

General Services Acquisition Regulation 

(GSAR) Part 536, Construction and 

Architect-Engineer Contracts. This rule 

is being withdrawn because the General 

Services Administration believes that an 

agency review of the current 

implementation plan for this GSAR case 

is appropriate to address the variety of 

issues included in the GSAR Part 536 

Rewrite and to address strong 

stakeholder interest. 

DATES: Effective: February 9, 2015 the 

proposed rule published December 2, 

2008 at 73 FR 73199 is withdrawn. 

FOR FURTHER INFORMATION CONTACT: For 

clarification about content, contact Ms. 

Christina Mullins, General Services 

Acquisition Policy Division, GSA, by 

phone at 202–969–4066 or by email at 

Christina.Mullins@gsa.gov. For 

information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat by mail at 1800 F 

Street NW., Washington, DC 20405, or 

by phone at 202–501–4755. Please cite 

GSAR Case 2008–G509, Proposed Rule; 

Withdrawal. 

SUPPLEMENTARY INFORMATION: GSA has 

decided to withdraw GSAR Case 2008– 

G509; Rewrite of GSAR Part 536, 

Construction and Architect-Engineer 

Contracts, which was published in the 

Federal Register at 73 FR 73199, 

December 2, 2008. 

This rule was a result of the GSA 

Acquisition Manual (GSAM) Rewrite 

initiative undertaken by GSA to revise 

the GSAM to maintain consistency with 

the FAR and implement streamlined 

and innovative acquisition procedures. 

This rule proposed amendments to the 

GSAR to update text addressing GSAR 

Part 536: Subpart 536.101, 

Applicability; Subpart 536.201, 

Evaluation of Contractor Performance; 

Subpart 536.202, Specifications; 

Subpart 536.270, Exercise of Options; 

Subpart 536.271, Project Labor 

Agreements; Subpart 536.5, Contract 

Clauses; and Subpart 536.602, Selection 

of Firms for Architect-Engineer 

Contracts. 

GSA is opening a series of new GSAR 

cases to separately address these issues 

and update the GSAM Part 536 

coverage. The new GSAR cases will 

focus on the areas that require 

immediate modernization to position 

GSA to meet current and future needs 

of contracting activities. 

List of Subjects in 48 CFR Part 536. 

Government procurement. 

Dated: February 3, 2015. 

Jeffrey A. Koses, 

Senior Procurement Executive, Office of 

Acquisition Policy, Office of Governmentwide Policy. 

[FR Doc. 2015–02534 Filed 2–6–15; 8:45 am] 

BILLING CODE 6820–61–P 


rljohnson on DSK67QTVN1PROD with PROPOSALS