56592 Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Proposed Rules 

no further activity is contemplated in 

relation to this action. If EPA receives 

relevant adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed action. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if EPA 

receives adverse comment on part of 

this rule and if that part can be severed 

from the remainder of the rule, EPA may 

adopt as final those parts of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the rules section of this Federal 

Register. 

Dated: August 29, 2012. 

Mark J. Hague, 

Acting Regional Administrator, Region 7. 

[FR Doc. 2012–22470 Filed 9–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 2 

RIN 1093–AA15 

Freedom of Information Act 

Regulations 

AGENCY: Office of the Secretary, Interior. 

ACTION: Proposed rule. 

This rule would revise the regulations 

that the Department follows in 

processing records under the Freedom 

of Information Act (‘‘FOIA’’). The 

revisions clarify and update procedures 

for requesting information from the 

Department and procedures that the 

Department follows in responding to 

requests from the public. The revisions 

also incorporate clarifications and 

updates resulting from changes to the 

FOIA and case law. Finally, the 

revisions include current cost figures to 

be used in calculating and charging fees 

and increase the amount of information 

that members of the public may receive 

from the Department without being 

charged processing fees. 

DATES: Comments must be submitted on 

or before November 13, 2012. 

ADDRESSES: You may submit comments 

on the rulemaking by either of the 

methods listed below. Please use 

Regulation Identifier Number 1093– 

AA15 in your message. 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions on the Web site for 

submitting comments. 

2. U.S. mail, courier, or hand delivery: 

Executive Secretariat—FOIA 

regulations, Department of the Interior, 

1849 C Street NW., Washington, DC 

20240. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Cafaro, Office of Executive 

Secretariat and Regulatory Affairs, 202– 

208–5342. 

SUPPLEMENTARY INFORMATION: 

I. Why We’re Publishing This Rule and 

What It Does 

The regulations are being revised to 

update, clarify, and streamline the 

language of procedural provisions, and 

to incorporate certain changes brought 

about by the amendments to the FOIA 

under the OPEN Government Act of 

2007, Public Law 110–175, 121 Stat. 

2524. Additionally, the regulations are 

being updated to reflect developments 

in the case law and to include current 

cost figures to be used in calculating 

and charging fees. 

The revisions also incorporate 

changes to the language and structure of 

the FOIA regulations in order to 

improve the Department’s FOIA 

performance. More nuanced multitrack 

processing can be found at § 2.15. 

Partial fee waivers will expressly be 

permitted under § 2.45. Proposed 

revisions of the Department’s fee 

schedule can be found at § 2.42, 

§ 2.49(a)(1), and Appendix A. The 

duplication charge for physical records 

or scanning records will increase from 

thirteen to fifteen cents a page. The 

amount at or below which the 

Department will not charge a fee will 

increase from $30.00 to $50.00. 

II. Compliance With Laws and 

Executive Orders 

1. Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs will review all significant rules. 

The Office of Information and 

Regulatory Affairs has determined that 

this rule is not significant. 

Executive Order 13563 reaffirms the 

principles of E.O. 12866 while calling 

for improvements in the nation’s 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this rule in a manner consistent with 

these requirements. 

2. Regulatory Flexibility Act 

The Department of the Interior 

certifies that this proposed rule will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

3. Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

This is not a major rule under 5 U.S.C. 

804(2), the Small Business Regulatory 

Enforcement Fairness Act. This 

proposed rule: 

a. Does not have an annual effect on 

the economy of $100 million or more. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

4. Unfunded Mandates Reform Act 

This proposed rule does not impose 

an unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

proposed rule does not have a 

significant or unique effect on State, 

local or tribal governments or the 

private sector. A statement containing 

the information required by the 

Unfunded Mandates Reform Act (2 

U.S.C. 1531 et seq.) is not required. 

5. Takings (E.O. 12630) 

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. A takings 

implication assessment is not required. 

6. Federalism (E.O. 13132) 

In accordance with Executive Order 

13132, the proposed rule does not have 

sufficient federalism implications to 

warrant the preparation of a Federalism 

Assessment. It would not substantially 

and directly affect the relationship 

between the Federal and state 

governments. A Federalism Assessment 

is not required. 

7. Civil Justice Reform (E.O. 12988) 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

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Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Proposed Rules 56593 

determined that this proposed rule does 

not unduly burden the judicial system 

and meets the requirements of sections 

3(a) and 3(b)(2) of the Order. 

8. Consultation With Indian Tribes (E.O. 

13175) 

Under the criteria in Executive Order 

13175, we have evaluated this proposed 

rule and determined that it has no 

potential effects on federally recognized 

Indian tribes. This proposed rule does 

not have tribal implications that impose 

substantial direct compliance costs on 

Indian Tribal governments. 

9. Paperwork Reduction Act 

This rule does not contain 

information collection requirements, 

and a submission to the Office of 

Management and Budget under the 

Paperwork Reduction Act is not 

required. 

9. National Environmental Policy Act 

This proposed rule does not 

constitute a major Federal action 

significantly affecting the quality of the 

human environment. A detailed 

statement under the National 

Environmental Policy Act of 1969 is not 

required. Pursuant to Department 

Manual 516 DM 2.3A(2), Section 1.10 of 

516 DM 2, Appendix 1 excludes from 

documentation in an environmental 

assessment or impact statement 

‘‘policies, directives, regulations and 

guidelines of an administrative, 

financial, legal, technical or procedural 

nature; or the environmental effects of 

which are too broad, speculative or 

conjectural to lend themselves to 

meaningful analysis and will be subject 

late to the NEPA process, either 

collectively or case-by-case.’’ 

10. Effects on the Energy Supply (E.O. 

13211) 

This proposed rule is not a significant 

energy action under the definition in 

Executive Order 13211. A Statement of 

Energy Effects is not required. This 

proposed rule will not have a significant 

effect on the nation’s energy supply, 

distribution, or use. 

11. Clarity of This Regulation 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

rule, your comments should be as 

specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that you find 

unclear, which sections or sentences are 

too long, the sections where you feel 

lists or tables would be useful, etc. 

12. Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

List of Subjects in 43 CFR Part 2 

Freedom of information. 

David J. Hayes, 

Deputy Secretary of the Interior. 

For the reasons stated in the 

preamble, the Department of the Interior 

proposes to amend 43 CFR subtitle A as 

follows: 

PART 2—FREEDOM OF INFORMATION 

ACT; RECORDS AND TESTIMONY 

1. The authority citation for Part 2 is 

revised to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a, 553; 31 

U.S.C. 3717; 43 U.S.C. 1460, 1461. 

2. The heading of part 2 is revised to 

read as set forth above. 

3. Subpart F (consisting of § 2.41), 

subpart G (consisting of §§ 2.45 through 

2.79), and subpart H (consisting of 

§§ 2.80 through 2.90) are redesignated as 

subpart J (consisting of § 2.141), subpart 

K (consisting of §§ 2.145 through 2.179), 

and subpart L(consisting of §§ 2.180 

through 2.190). 

4. Subparts A through E of Part 2 are 

revised to read as follows: 

Subpart A—Introduction 

Sec. 

2.1 What should you know up front? 

2.2 What kinds of records are not covered 

by the regulations in subparts A through 

I of this part? 

Subpart B—How to Make a Request 

2.3 Where should you send a FOIA request? 

2.4 Does where you send your request affect 

its processing? 

2.5 How should you describe the records 

you seek? 

2.6 How will fee information affect the 

processing of your request? 

2.7 What information should you include 

about your fee category? 

2.8 Can you ask for records to be disclosed 

in a particular form or format? 

2.9 What if your request seeks records about 

another person? 

2.10 May you ask for expedited processing? 

2.11 What contact information should your 

request include? 

Subpart C—Processing Requests 

2.12 What should you know about how 

bureaus process requests? 

2.13 How do consultations and referrals 

work? 

Subpart D—Timing of Responses to 

Requests 

2.14 In what order are responses usually 

made? 

2.15 What is multitrack processing and how 

does it affect your request? 

2.16 What is the basic time limit for 

responding to a request? 

2.17 When does the basic time limit begin 

for misdirected FOIA requests? 

2.18 When can the bureau suspend the 

basic time limit? 

2.19 When may the bureau extend the basic 

time limit? 

2.20 When will expedited processing be 

provided and how will it affect your 

request? 

Subpart E—Responses to Requests 

2.21 How will the bureau respond to 

requests? 

2.22 How will the bureau grant requests? 

2.23 When will the bureau deny requests? 

2.24 How will the bureau deny requests? 

2.25 What if the requested records contain 

both exempt and nonexempt material? 

Subpart A—Introduction 

§ 2.1 What should you know up front? 

(a) Subparts A through I of this part 

contain the rules that the Department 

follows in processing records under the 

Freedom of Information Act (‘‘FOIA’’). 

(b) Definitions of terms used in 

Subparts A through I of this part are 

found at § 2.70. 

(c) Subparts A through I of this part 

should be read in conjunction with the 

text of the FOIA and the OMB Fee 

Guidelines. 

(d) The Department’s FOIA Handbook 

and its attachments contain detailed 

information about Department 

procedures for making FOIA requests 

and descriptions of the types of records 

maintained by different Department 

bureaus or offices. This resource is 

available at http://www.doi.gov/foia/ 

guidance.cfm. 

(e) Requests made by individuals for 

records about themselves under the 

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

processed under subparts A through I 

and subpart K of this part. 

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56594 Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Proposed Rules 

(f) Part 2 does not entitle any person 

to any service or to the disclosure of any 

record that is not required under the 

FOIA. 

(g) Before you file a FOIA request, you 

are encouraged to review the 

Department’s electronic FOIA libraries 

at http://www.doi.gov/foia/libraries.cfm. 

The material you seek may be 

immediately available electronically at 

no cost. 

§ 2.2 What kinds of records are not 

covered by the regulations in subparts A 

through I of this part? 

Subparts A through I of this part do 

not apply to records that fall under the 

law enforcement exclusions in 5 U.S.C. 

552(c)(1)–(3). These exclusions may be 

used only in the limited circumstances 

delineated by the statute and require 

both prior approval from the Office of 

the Solicitor and the recording of their 

use and approval process. 

Subpart B—How to Make a Request 

§ 2.3 Where should you send a FOIA 

request? 

(a) The Department does not have a 

central location for submitting FOIA 

requests and it does not maintain a 

central index or database of records in 

its possession. Instead, the Department’s 

records are decentralized and 

maintained by various bureaus and 

offices throughout the country. 

(b) To make a request for Department 

records, you must write directly to the 

bureau that you believe maintains those 

records. 

(c) Address requests to the 

appropriate FOIA contact in the bureau 

that maintains the requested records. 

The Department’s FOIA Web site, 

http://www.doi.gov/foia/index.cfm, lists 

the physical and email addresses of 

each bureau’s FOIA Officer, along with 

other appropriate FOIA contacts at 

http://www.doi.gov/foia/contacts.cfm. 

(d) Questions about where to send a 

FOIA request should be directed to the 

bureau that manages the underlying 

program or to the appropriate FOIA 

Public Liaison, as discussed in § 2.66. 

§ 2.4 Does where you send your request 

affect its processing? 

(a) A request to a particular bureau 

component (for example, a request 

addressed to a regional or field office) 

will be presumed to seek only records 

from that particular component. 

(b) If you seek records from an entire 

bureau, submit your request to the 

bureau FOIA Officer. The bureau FOIA 

Officer will forward it to the bureau 

component(s) that he or she believes has 

or are likely to have responsive records. 

(c) If a request to a bureau states that 

it seeks records located at another 

specific component of the same bureau, 

the appropriate FOIA contact will 

forward the request to the other 

component. 

(d) If a request to a bureau states that 

it seeks records from other unspecified 

components within the same bureau, 

the appropriate FOIA contact will send 

the request to the Bureau FOIA Officer. 

He or she will forward it to the 

components that the bureau FOIA 

Officer believes have or are likely to 

have responsive records. 

(e) If a request to a bureau states that 

it seeks records of another specified 

bureau, the bureau will route the 

misdirected request to the specified 

bureau for response. 

(f) If a request to a bureau states that 

it seeks records from other unspecified 

bureaus, the bureau’s FOIA Officer may 

forward the request to those bureaus 

which he or she believes have or are 

likely to have responsive records. If the 

bureau FOIA Officer forwards the 

request, they will notify you in writing 

and provide the name of a contact in the 

other bureau(s). If it does not forward 

the request, the bureau will return it to 

you, advise you to submit the request 

directly to the other bureaus, notify you 

that it cannot comply with the request, 

and close the request. 

§ 2.5 How should you describe the records 

you seek? 

(a) You must reasonably describe the 

records sought. A reasonable 

description contains sufficient detail to 

enable bureau personnel familiar with 

the subject matter of the request to 

locate the records with a reasonable 

amount of effort. 

(b) You should include as much detail 

as possible about the specific records or 

types of records that you are seeking. 

This will assist the bureau in identifying 

the requested records (for example, time 

frames involved or specific personnel 

who may have the requested records). 

The bureau’s FOIA Public Liaison can 

assist you in formulating or 

reformulating a request in an effort to 

better identify the records you seek. 

(c) If the request does not reasonably 

describe the records sought, the bureau 

will inform you what additional 

information is needed. It will also notify 

you that it will not be able to comply 

with your FOIA request unless you 

provide the additional information 

requested within 20 workdays. If you 

receive this sort of response, you may 

wish to discuss it with the bureau’s 

designated FOIA contact or its FOIA 

Public Liaison (see § 2.66). If the bureau 

does not hear from you within 20 

workdays after asking for additional 

information, it will presume that you 

are no longer interested in the records 

and will close the file on the request. 

§ 2.6 How will fee information affect the 

processing of your request? 

(a) Your request must explicitly state 

that you will pay all fees associated 

with processing the request, that you 

will pay fees up to a specified amount, 

and/or that you are seeking a fee waiver. 

(b) If the bureau anticipates that the 

fees for processing the request will 

exceed the amount you have agreed to 

pay, the bureau will notify you that it: 

(1) Needs either an assurance that you 

will pay the anticipated fees or an 

advance payment (see § 2.50); and 

(2) Will not be able to fully comply 

with your FOIA request unless you 

provide the assurance or advance 

payment requested. 

(c) If the bureau does not hear from 

you within 20 workdays after requesting 

the information in paragraph (b) of this 

section, it will presume that you are no 

longer interested in the records and will 

close the file on the request. 

(d) If you are seeking a fee waiver, 

your request must include sufficient 

justification (see the criteria in § 2.45, 

§ 2.48 and § 2.56). Failure to provide 

sufficient justification will result in a 

denial of the fee waiver request. If you 

are seeking a fee waiver, you may also 

indicate the amount you are willing to 

pay if the fee waiver is denied (see 

§ 2.46 for the fee waiver criteria). This 

allows the bureau to process the request 

for records while it considers your fee 

waiver request. 

(e) The bureau will begin processing 

the request only after the fee issues are 

resolved. 

(f) If you are required to pay a fee and 

it is later determined on appeal that you 

were entitled to a full or partial fee 

waiver, you will receive an appropriate 

refund. 

§ 2.7 What information should you include 

about your fee category? 

(a) A request should indicate your fee 

category (that is, whether you are a 

commercial-use requester, news media, 

educational or noncommercial scientific 

institution, or other requester under the 

criteria in § 2.38 and § 2.39). 

(b) If you submit a FOIA request on 

behalf of another person or organization 

(for example, if you are an attorney 

submitting a request on behalf of a 

client), the fee category will be 

determined by considering the 

underlying requester’s identity and 

intended use of the information. 

(c) If your fee category is unclear, the 

bureau may ask you for additional 

information (see § 2.51). 

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§ 2.8 Can you ask for records to be 

disclosed in a particular form or format? 

(a) Generally, you may choose the 

form or format of disclosure for records 

requested. The bureau must provide the 

records in the requested form or format 

if the bureau can readily reproduce the 

record in that form or format. 

(b) The bureau may charge you the 

direct costs involved in converting 

records to the requested format if the 

bureau does not normally maintain the 

records in that format. 

§ 2.9 What if your request seeks records 

about another person? 

(a) When a request seeks records 

about another person, you may receive 

greater access by submitting proof that 

the person either: 

(1) Consents to the release of the 

records to you (for example, a notarized 

authorization signed by that person); or 

(2) Is deceased (for example, a copy of 

a death certificate or an obituary). 

(b) At its discretion, the bureau can 

require you to supply additional 

information if necessary to verify that a 

particular person has consented to 

disclosure or is deceased. 

§ 2.10 May you ask for expedited 

processing? 

You may include a request for 

expedited processing, which the bureau 

will evaluate under the criteria outlined 

in § 2.20. 

§ 2.11 What contact information should 

your request include? 

A request should include your name, 

mailing address, daytime telephone 

number (or the name and telephone 

number of an appropriate contact), 

email address, and fax number (if 

available) in case the bureau needs 

additional information or clarification of 

your request. 

Subpart C—Processing Requests 

§ 2.12 What should you know about how 

bureaus process requests? 

(a) Except as described in § 2.4 and 

§ 2.13, the bureau to which the request 

is addressed is responsible for 

responding to the request and for 

making a reasonable effort to search for 

responsive records. 

(b) In determining which records are 

responsive to a request, the bureau will 

include only records in its possession 

and control on the date that it begins its 

search. 

(c) The bureau will make reasonable 

efforts to search for the requested 

records in electronic form or format, 

except when these efforts would 

significantly interfere with the operation 

of the bureau’s automated information 

system. 

(d) If a bureau receives a request for 

records in its possession that it did not 

create or that another bureau or Federal 

agency is substantially concerned with, 

it may undertake consultations and/or 

referrals as described in § 2.13. 

§ 2.13 How do consultations and referrals 

work? 

(a) Consultations and referrals can 

occur within the Department or outside 

the Department. 

(1) Paragraphs (b) and (c) of this 

section addresses consultations and 

referrals that occur within the 

Department. 

(2) Paragraphs (d) through (h) of this 

section address consultations and 

referrals that occur outside the 

Department. 

(b) If a bureau (other than the Office 

of Inspector General) receives a request 

for records in its possession that another 

bureau created or is substantially 

concerned with, it will either: 

(1) Consult with the other bureau 

before deciding whether to release or 

withhold the records; or 

(2) Refer the request, along with the 

records, to that other bureau for direct 

response. 

(c) The bureau that originally received 

the request will notify you of the referral 

in writing, along with the name of a 

contact in the other bureau(s) to which 

the referral was made. 

(d) If, while responding to a request, 

the bureau locates records that 

originated with another Federal agency, 

it usually will refer the request and any 

responsive records to that other agency 

for a release determination and direct 

response. 

(e) If the bureau refers records to 

another agency, it will document the 

referral and maintain a copy of the 

records that it refers; notify you of the 

referral in writing, unless that 

identification will itself disclose a 

sensitive, exempt fact; and provide the 

name of a contact at the other agency. 

You may treat such a response as a 

denial of records and file an appeal, in 

accordance with the procedures in 

§ 2.59. 

(f) If the bureau locates records that 

originated with another Federal agency 

while responding to a request, the 

bureau will make the release 

determination itself (after consulting 

with the originating agency) when: 

(1) The record is of primary interest 

to the Department (for example, a record 

may be of primary interest to the 

Department if it was developed or 

prepared according to the Department 

regulations or directives, or in response 

to a Departmental request); 

(2) The Department is in a better 

position than the originating agency to 

assess whether the record is exempt 

from disclosure; 

(3) The originating agency is not 

subject to the FOIA; or 

(4) It is more efficient or practical 

depending on the circumstances. 

(g) If the bureau receives a request for 

records that another Federal agency has 

classified under any applicable 

executive order concerning record 

classification, it must refer the request 

to that agency for response. 

(h) If the bureau receives a request for 

records not in its possession, but that 

the bureau believes may be in the 

possession of another Federal agency, 

the bureau will return the request to 

you, advise you to submit it directly to 

the other agency, notify you that the 

bureau cannot comply with the request, 

and close the request. You may treat 

such a response as a denial of records 

and file an appeal, in accordance with 

the procedures in § 2.59. 

Subpart D—Timing of Responses to 

Requests 

§ 2.14 In what order are responses usually 

made? 

The bureau ordinarily will respond to 

requests according to their order of 

receipt within their processing track. 

§ 2.15 What is multitrack processing and 

how does it affect your request? 

(a) The bureaus of the Department use 

processing tracks to distinguish simple 

requests from more complex ones on the 

basis of the estimated number of 

workdays needed to process the request. 

(b) In determining the number of 

workdays needed to process the request, 

the bureau considers factors such as the 

number of pages involved in processing 

the request or the need for 

consultations. 

(c) The basic processing tracks are 

designated as follows: 

(1) Simple: requests in this track will 

take between one to five workdays to 

process; 

(2) Normal: requests in this track will 

take between six to twenty workdays to 

process; 

(3) Complex: requests in this track 

will take between twenty workdays and 

sixty workdays to process; or 

(4) Exceptional/Voluminous: requests 

in this track involve very complex 

processing challenges, which may 

include a large number of potentially 

responsive records, and will take over 

sixty workdays to process. 

(d) Bureaus also have a specific 

processing track for requests that are 

granted expedited processing under the 

standards in § 2.20. 

(e) Bureaus must advise you of the 

track into which your request falls and, 

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56596 Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Proposed Rules 

when appropriate, will offer you an 

opportunity to narrow your request so 

that it can be placed in a different 

processing track. 

§ 2.16 What is the basic time limit for 

responding to a request? 

(a) Ordinarily, the bureau has 20 

workdays after the date of receipt to 

determine whether to grant or deny a 

FOIA request. 

(b) A consultation or referral under 

§ 2.13 does not restart the statutory time 

limit for responding to a request. 

§ 2.17 When does the basic time limit 

begin for misdirected FOIA requests? 

The basic time limit for a misdirected 

FOIA request begins no later than ten 

workdays after the date the request is 

first received by any component of the 

Department that is designated to receive 

FOIA requests. 

§ 2.18 When can the bureau suspend the 

basic time limit? 

(a) The basic time limit in § 2.16 may 

be temporarily suspended for the time it 

takes you to respond to one written 

communication from the bureau 

reasonably asking for clarifying 

information. 

(b) The basic time limit in § 2.16 may 

also repeatedly be temporarily 

suspended for the time it takes you to 

respond to written communications 

from the bureau that are necessary to 

clarify issues regarding fee assessment 

(see § 2.51). 

§ 2.19 When may the bureau extend the 

basic time limit? 

(a) The bureau may extend the basic 

time limit if unusual circumstances 

exist. Before the expiration of the basic 

20 workday time limit to respond, the 

bureau will notify you in writing of: 

(1) The unusual circumstances 

involved; and 

(2) The date by which it expects to 

complete processing the request. 

(b) If the processing time will extend 

beyond a total of 30 workdays, the 

bureau will: 

(1) Give you an opportunity to limit 

the scope of the request or agree to an 

alternative time period for processing; 

and 

(2) Make available its FOIA Public 

Liaison (see § 2.66) to assist in resolving 

any disputes between you and the 

bureau. 

(c) If the bureau extends the time limit 

under this section and you do not 

receive a response in that time period, 

you may consider the request denied 

and file an appeal under subpart H of 

this part. 

(d) Your refusal to reasonably modify 

the scope of a request or arrange an 

alternative time frame for processing a 

request after being given the 

opportunity to do so may be considered 

for litigation purposes as a factor when 

determining whether exceptional 

circumstances exist. 

§ 2.20 When will expedited processing be 

provided and how will it affect your 

request? 

(a) The bureau will provide expedited 

processing upon request if you 

demonstrate to the satisfaction of the 

bureau that there is a compelling need 

for the records. The following 

circumstances demonstrate a 

compelling need: 

(1) Where failure to expedite the 

request could reasonably be expected to 

pose an imminent threat to the life or 

physical safety of an individual; or 

(2) Where there is an urgency to 

inform the public about an actual or 

alleged Federal Government activity and 

the request is made by a person 

primarily engaged in disseminating 

information. 

(i) In most situations, a person 

primarily engaged in disseminating 

information will be a representative of 

the news media. 

(ii) If you are not a full time member 

of the news media, to qualify for 

expedited processing here, you must 

establish that your main professional 

activity or occupation is information 

dissemination, although it need not be 

your sole occupation. 

(iii) The requested information must 

be the type of information which has 

particular value that will be lost if not 

disseminated quickly; this ordinarily 

refers to a breaking news story of 

general public interest. 

(iv) Information of historical interest 

only or information sought for litigation 

or commercial activities would not 

qualify, nor would a news media 

deadline unrelated to breaking news. 

(b) If you seek expedited processing, 

you must submit a statement that: 

(1) Explains in detail how your 

request meets one or both of the criteria 

in paragraph (a) of this section; and 

(2) Certifies that your explanation is 

true and correct to the best of your 

knowledge and belief. 

(c) You may ask for expedited 

processing at any time. Requests must 

be submitted to the bureau that 

maintains the records requested. When 

making a request for expedited 

processing of an administrative appeal, 

submit the request to the FOIA Appeals 

Officer. 

(d) The bureau must notify you of its 

decision to grant or deny expedited 

processing within 10 calendar days of 

receiving an expedited processing 

request. 

(e) If expedited processing is granted, 

the request will be given priority, placed 

in the processing track for expedited 

requests, and be processed as soon as 

practicable. 

(f) If expedited processing is denied, 

the bureau will notify you of the right 

to appeal the decision on expedited 

processing in accordance with the 

procedures in subpart H of this part. 

(g) If you appeal the decision on 

expedited processing, your appeal (if it 

is properly formatted under § 2.59) will 

be processed ahead of other appeals. 

(h) If the bureau has not responded to 

the request for expedited processing 

within 10 calendar days, you may file 

an appeal for nonresponse in 

accordance with § 2.57(a)(8)). 

Subpart E—Responses to Requests 

§ 2.21 How will the bureau respond to 

requests? 

(a) The bureau will grant, partially 

grant, or deny the request (in writing) in 

accordance with the deadlines in 

subpart D of this part. 

(b) If the bureau determines that a 

request will take longer than 10 

workdays to process, it immediately 

will send you a written 

acknowledgment that includes the 

request’s individualized tracking 

number. 

§ 2.22 How will the bureau grant requests? 

(a) Once the bureau makes a 

determination to grant a request in full 

or in part, it must notify you in writing. 

(b) The notification will inform you of 

any fees charged under subpart G of this 

part. 

(c) The bureau will release records (or 

portions of records) to you promptly 

upon payment of any applicable fees. 

(d) If the records (or portions of 

records) are not included with the 

bureau’s notification, the bureau will 

advise you how, when, and where the 

records will be made available. 

§ 2.23 When will the bureau deny 

requests? 

(a) A bureau denies a request when it 

makes a decision that: 

(1) The requested record is exempt, in 

whole or in part; 

(2) The request does not reasonably 

describe the records sought; 

(3) The requested record does not 

exist or cannot be located; 

(4) The requested record is not readily 

reproducible in the form or format you 

seek; 

(5) A fee waiver, or another fee-related 

request, will not be granted; or 

(6) Expedited processing will not be 

provided. 

(b) The bureau must consult with the 

Office of the Solicitor before it denies a 

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fee waiver request or withholds all or 

part of a requested record. 

§ 2.24 How will the bureau deny requests? 

(a) The bureau must notify you in 

writing of any denial of your request. 

(b) The denial notification must 

include: 

(1) The name and title or position of 

the person responsible for the denial; 

(2) A brief statement of the reasons for 

the denial, including a reference to any 

FOIA exemption(s) applied by the 

bureau to withhold records in full or in 

part; 

(3) An estimate of the volume of any 

records or information withheld, for 

example, by providing the number of 

pages or some other reasonable form of 

estimation, unless such an estimate 

would harm an interest protected by the 

exemption(s) used to withhold the 

records or information; 

(4) The name and title of the Office of 

the Solicitor attorney consulted (if the 

bureau is denying a fee waiver request 

or withholding all or part of a requested 

record); and 

(5) A statement that the denial may be 

appealed under subpart H of this part 

and a description of the requirements 

set forth therein. 

§ 2.25 What if the requested records 

contain both exempt and nonexempt 

material? 

If responsive records contain both 

exempt and nonexempt material, the 

bureau will consult with the Office of 

the Solicitor, as discussed in § 2.23(b). 

After consultation, the bureau will 

partially grant and partially deny the 

request by: 

(a) Segregating and releasing the 

nonexempt information, unless the 

nonexempt material is so intertwined 

with the exempt material that disclosure 

of it would leave only meaningless 

words and phrases; 

(b) Indicating on the released portion 

of the record how much information 

was deleted, unless doing so would 

harm an interest protected by the FOIA 

exemption used to withhold the 

information; and 

(c) Indicating where the deletion is 

made, if technically feasible, and the 

FOIA exemption used to withhold the 

information. 

5. Subparts F through I are added to 

Part 2 to read as follows: 

Subpart F—Handling Confidential 

Information 

2.26 How will the bureau interact with the 

submitter of possibly confidential 

information? 

2.27 When will the bureau notify a 

submitter of a request for their possibly 

confidential information? 

2.28 What information will the bureau 

include when it notifies a submitter of a 

request for their possibly confidential 

information? 

2.29 When will the bureau not notify a 

submitter of a request for their possibly 

confidential information? 

2.30 How and when may a submitter object 

to disclosure of confidential 

information? 

2.31 What must a submitter include in a 

detailed Exemption 4 objection 

statement? 

2.32 How will the bureau consider the 

submitter’s objections? 

2.33 What if the bureau determines it will 

disclose information over the submitter’s 

objections? 

2.34 Will a submitter be notified of a FOIA 

lawsuit? 

2.35 Will you receive notification of 

activities involving the submitter? 

2.36 Can a bureau release information 

protected by Exemption 4? 

Subpart G—Fees 

2.37 What general principles govern fees? 

2.38 What are the requester fee categories? 

2.39 Does your requester category affect the 

fees you are charged? 

2.40 How will fee amounts be determined? 

2.41 What search fees will you have to pay? 

2.42 What duplication fees will you have to 

pay? 

2.43 What review fees will you have to pay? 

2.44 What fees for other services will you 

have to pay? 

2.45 When will the bureau waive fees? 

2.46 When may you ask the bureau for a fee 

waiver? 

2.47 How will the bureau notify you if it 

denies your fee waiver request? 

2.48 How will the bureau evaluate your fee 

waiver request? 

2.49 When will you be notified of 

anticipated fees? 

2.50 When will the bureau require advance 

payment? 

2.51 What if the bureau needs clarification 

about fee issues? 

2.52 How will you be billed? 

2.53 How will the bureau collect fees owed? 

2.54 When will the bureau combine or 

aggregate requests? 

2.55 What if other statutes require the 

bureau to charge fees? 

2.56 May the bureau waive your fees at its 

discretion? 

Subpart H—Administrative Appeals 

2.57 When may you file an appeal? 

2.58 How long do you have to file an 

appeal? 

2.59 How do you file an appeal? 

2.60 Who makes decisions on appeals? 

2.61 How are decisions on appeals issued? 

2.62 When can you expect a decision on 

your appeal? 

2.63 Can you receive expedited processing 

of appeals? 

2.64 Must you submit an appeal before 

seeking judicial review? 

Subpart I—General Information 

2.65 Where are records made available? 

2.66 What are public liaisons? 

2.67 When will the Department make 

records available without a FOIA 

request? 

2.68 How will FOIA materials be 

preserved? 

2.69 How will a bureau handle a request for 

federally-funded research data? 

2.70 What definitions apply to subparts A 

through I of this part? 

Subpart F—Handling Confidential 

Information 

§ 2.26 How will the bureau interact with the 

submitter of possibly confidential 

information? 

(a) The Department encourages, but 

does not require, submitters to designate 

confidential information in good faith at 

the time of submission. Such 

designations assist the bureau in 

determining whether information 

obtained from the submitter is 

confidential information, but will not 

always be determinative. 

(b) If, in the course of responding to 

a FOIA request, a bureau cannot readily 

determine whether information is 

confidential information, the bureau 

will: 

(1) Consult with the submitter under 

§ 2.27 and § 2.28; and 

(2) Provide the submitter an 

opportunity to object to a decision to 

disclose the information under § 2.30 

and § 2.31. 

§ 2.27 When will the bureau notify a 

submitter of a request for their possibly 

confidential information? 

(a) Except as outlined in § 2.29, a 

bureau must promptly notify a 

submitter in writing when it receives a 

FOIA request if either: 

(1) The requested information has 

been designated in good faith by the 

submitter as information considered 

protected from disclosure under 

Exemption 4 of the FOIA; or 

(2) The bureau believes that requested 

information may be protected from 

disclosure under Exemption 4. 

(b) If a large number of submitters are 

involved, the bureau may publish a 

notice in a manner reasonably 

calculated to reach the attention of the 

submitters (for example, in newspapers 

or newsletters, the bureau’s Web site, or 

the Federal Register) instead of 

providing a written notice to each 

submitter. 

§ 2.28 What information will the bureau 

include when it notifies a submitter of a 

request for their possibly confidential 

information? 

A notice to a submitter must include: 

(a) Either a copy of the FOIA request 

or the exact language of the request; 

(b) Either a description of the possibly 

confidential information located in 

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response to the request or a copy of the 

responsive records, or portions of 

records, containing the information; 

(c) A description of the procedures for 

objecting to the release of the possibly 

confidential information under § 2.30 

and § 2.31; 

(d) A time limit for responding to the 

bureau—no less than 10 workdays from 

receipt or publication of the notice (as 

set forth in § 2.27(b))—to object to the 

release and to explain the basis for the 

objection; 

(e) Notice that information contained 

in the submitter’s objections may itself 

be subject to disclosure under the FOIA; 

(f) Notice that the bureau, not the 

submitter, is responsible for deciding 

whether the information will be 

released or withheld; 

(g) A request for the submitter’s views 

on whether they still consider the 

information to be confidential if the 

submitter designated the material as 

confidential commercial or financial 

information 10 or more years before the 

request; and 

(h) Notice that failing to respond 

within the time frame specified under 

§ 2.28(d) will create a presumption that 

the submitter has no objection to the 

disclosure of the information in 

question. 

§ 2.29 When will the bureau not notify a 

submitter of a request for their possibly 

confidential information? 

The notice requirements of § 2.28 will 

not apply if: 

(a) The information has been lawfully 

published or officially made available to 

the public; or 

(b) Disclosure of the information is 

required by a statute other than the 

FOIA or by a regulation (other than this 

part) issued in accordance with the 

requirements of Executive Order 12600. 

§ 2.30 How and when may a submitter 

object to the disclosure of confidential 

information? 

(a) If a submitter has any objections to 

the disclosure of confidential 

information, the submitter should 

provide a detailed written statement to 

the bureau that specifies all grounds for 

withholding the particular information 

under any FOIA exemption (see § 2.31 

for further discussion of Exemption 4 

objection statements). 

(b) A submitter who does not respond 

within the time period specified under 

§ 2.28(d) will be considered to have no 

objection to disclosure of the 

information. Responses received by the 

bureau after this time period will not be 

considered by the bureau unless the 

appropriate bureau FOIA contact 

determines, in his or her sole discretion, 

that good cause exists to accept the late 

response. 

§ 2.31 What must a submitter include in a 

detailed Exemption 4 objection statement? 

(a) To rely on Exemption 4 as basis for 

nondisclosure, the submitter must 

explain why the information is 

confidential information. To do this, the 

submitter must give the bureau a 

detailed written statement. This 

statement must include a specific and 

detailed discussion of why the 

information is a trade secret or, if the 

information is not a trade secret: 

(1) Whether the Government required 

the information to be submitted, and if 

so, how substantial competitive or other 

business harm would likely result from 

release; 

(2) Whether the submitter provided 

the information voluntarily and, if so, 

how the information fits into a category 

of information that the submitter does 

not customarily release to the public; 

and 

(3) A certification that the information 

is confidential, has not been disclosed 

to the public by the submitter, and is 

not routinely available to the public 

from other sources. 

(b) If not already provided, the 

submitter must include a daytime 

telephone number, an email and mailing 

address, and a fax number (if available). 

§ 2.32 How will the bureau consider the 

submitter’s objections? 

(a) The bureau must carefully 

consider a submitter’s objections and 

specific grounds for nondisclosure in 

deciding whether to disclose the 

requested information. 

(b) The bureau, not the submitter, is 

responsible for deciding whether the 

information will be released or 

withheld. 

§ 2.33 What if the bureau determines it will 

disclose information over the submitter’s 

objections? 

If the bureau decides to disclose 

information over the objection of a 

submitter, the bureau must notify the 

submitter by certified mail, return 

receipt requested. The notification must 

be sent to the submitter’s last known 

address and must include: 

(a) The specific reasons why the 

bureau determined that the submitter’s 

disclosure objections do not support 

withholding the information; 

(b) Copies of the records or 

information the bureau intends to 

release; and 

(c) Notice that the bureau intends to 

release the records or information no 

less than 10 workdays after receipt of 

the notice by the submitter. 

§ 2.34 Will a submitter be notified of a 

FOIA lawsuit? 

If you file a lawsuit seeking to compel 

the disclosure of confidential 

information, the bureau must promptly 

notify the submitter. 

§ 2.35 Will you receive notification of 

activities involving the submitter? 

If any of the following occur, the 

bureau will notify you: 

(a) The bureau provides the submitter 

with notice and an opportunity to object 

to disclosure; 

(b) The bureau notifies the submitter 

of its intent to disclose the requested 

information; or 

(c) A submitter files a lawsuit to 

prevent the disclosure of the 

information. 

§ 2.36 Can a bureau release information 

protected by Exemption 4? 

If a bureau determines that the 

requested information is protected from 

release by Exemption 4 of the FOIA, the 

bureau has no discretion to release the 

information. Release of information 

protected from release by Exemption 4 

is prohibited by the Trade Secrets Act, 

a criminal provision found at 18 U.S.C. 

1905. 

Subpart G—Fees 

§ 2.37 What general principles govern 

fees? 

(a) The bureau will charge for 

processing requests under the FOIA in 

accordance with this subpart and with 

the OMB Fee Guidelines. 

(b) The bureau may contact you for 

additional information to resolve fee 

issues. 

(c) The bureau ordinarily will collect 

all applicable fees before sending copies 

of records to you. 

(d) You may usually pay fees by 

check, certified check, or money order 

made payable to the ‘‘Department of the 

Interior’’ or the bureau. 

(1) Where appropriate, the bureau 

may require that your payment be made 

in the form of a certified check. 

(2) You may also be able to pay your 

fees by credit card. You may contact the 

bureau to determine what forms of 

payment it accepts. 

(e) The bureau should ensure that it 

conducts searches, review, and 

duplication in the most efficient and the 

least expensive manner so as to 

minimize costs for both you and the 

bureau. 

(f) If the Department does not comply 

with any of the FOIA’s statutory time 

limits, the bureau cannot assess search 

fees for your FOIA request, unless 

unusual or exceptional circumstances 

apply. 

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§ 2.38 What are the requester fee 

categories? 

(a) There are four categories of 

requesters for the purposes of 

determining fees—commercial-use, 

educational and noncommercial 

scientific institutions, representatives of 

news media, and all others. 

(b) The bureau’s decision to place you 

in a particular fee category will be made 

on a case-by-case basis based on your 

intended use of the information and, in 

most cases, your identity. If you do not 

submit sufficient information in your 

FOIA request for the bureau to 

determine your proper fee category, the 

bureau may ask you to provide 

additional information (see § 2.51). 

(c) See § 2.70 for the definitions of 

each of these fee categories. 

§ 2.39 How does your requester category 

affect the fees you are charged? 

(a) You will be charged as shown in 

the following table: 

Requester category Search fees Review fees Duplication fees 

Commercial use requester .. Yes .................................... Yes .................................... Yes. 

Educational and non-commercial scientific institutions.No ...................................... No ...................................... Yes (first 100 pages, or equivalent volume, free). 

Representative of news 

media requester.

No ...................................... No ...................................... Yes (first 100 pages, or equivalent volume, free). 

All other requesters ............. Yes (first 2 hours free) ...... No ...................................... Yes (first 100 pages, or equivalent volume, free). 

(b) If you are in the fee category of a 

representative of the news media or an 

educational and noncommercial 

scientific institution and the 

Department does not comply with any 

of the FOIA’s statutory time limits, the 

Department cannot assess duplication 

fees for the FOIA request in question, 

unless unusual or exceptional 

circumstances apply to the processing of 

the request. 

§ 2.40 How will fee amounts be 

determined? 

(a) The bureau will charge the types 

of fees discussed below unless a waiver 

of fees is required under § 2.39 or has 

been granted under § 2.45 or § 2.56. 

(b) Because the types of fees discussed 

below already account for the overhead 

costs associated with a given fee type, 

the bureau should not add any 

additional costs to those charges. 

§ 2.41 What search fees will you have to 

pay? 

(a) The bureau will charge search fees 

for all requests, subject to the 

restrictions of § 2.39 and § 2.40(a). The 

bureau may charge you for time spent 

searching even if it does not locate any 

responsive records or if it determines 

that the records are entirely exempt 

from disclosure. 

(b) For each quarter hour spent by 

personnel searching for requested 

records, including electronic searches 

that do not require new programming, 

the fees will be the average hourly 

General Schedule (‘‘GS’’) base salary, 

plus the District of Columbia locality 

payment, plus 16 percent for benefits, of 

employees in the following three 

categories, as applicable: 

(1) Clerical—Based on GS–6, Step 5, 

pay (all employees at GS–7 and below 

are classified as clerical for this 

purpose); 

(2) Professional—Based on GS–11, 

Step 7, pay (all employees at GS–8 

through GS–12 are classified as 

professional for this purpose); and 

(3) Managerial—Based on GS–14, Step 

2, pay (all employees at GS–13 and 

above are classified as managerial for 

this purpose). 

(c) You can review the current fee 

schedule for the categories discussed in 

subsection (b) of this section at http:// 

www.doi.gov/foia/fees-waivers.cfm. 

(d) Some requests may require 

retrieval of records stored at a Federal 

records center operated by the National 

Archives and Records Administration. 

For these requests, bureaus will charge 

additional costs in accordance with the 

Transactional Billing Rate Schedule 

established by the National Archives 

and Records Administration. 

§ 2.42 What duplication fees will you have 

to pay? 

(a) The bureau will charge duplication 

fees, subject to the restrictions of § 2.39 

and § 2.40(a). 

(b) If photocopies or scans are 

supplied, the bureau will provide one 

copy per request at the cost determined 

by the table in appendix A to this part. 

(c) For other forms of duplication, the 

bureau will charge the actual costs of 

producing the copy, including the time 

spent by personnel duplicating the 

requested records. For each quarter hour 

spent by personnel duplicating the 

requested records, the fees will be the 

same as those charged for a search 

under § 2.41(b). 

(d) If the bureau must scan paper 

records to accommodate your preference 

to receive records in an electronic 

format, you will pay both the per page 

amount noted in Appendix A and the 

time spent by personnel scanning the 

requested records. For each quarter hour 

spent by personnel scanning the 

requested records, the fees will be the 

same as those charged for a search 

under § 2.41(b). 

§ 2.43 What review fees will you have to 

pay? 

(a) The bureau will charge review fees 

if you make a commercial-use request, 

subject to the restrictions of § 2.39 and 

§ 2.40(a). 

(b) The bureau will assess review fees 

in connection with the initial review of 

the record (the review conducted by the 

bureau to determine whether an 

exemption applies to a particular record 

or portion of a record). 

(c) The Department will not charge for 

reviews at the administrative appeal 

stage of exemptions applied at the 

initial review stage. However, if the 

appellate authority determines that an 

exemption no longer applies, any costs 

associated with the bureau’s re-review 

of the records to consider the use of 

other exemptions may be assessed as 

review fees. 

(d) The bureau will charge review fees 

at the same rates as those charged for a 

search under § 2.41(b). 

(e) The bureau can charge review fees 

even if the record(s) reviewed ultimately 

is not disclosed. 

§ 2.44 What fees for other services will you 

have to pay? 

(a) Although not required to provide 

special services, if the bureau chooses to 

do so as a matter of administrative 

discretion, it will charge you the direct 

costs of providing the service. 

(b) Examples of these services include 

certifying that records are true copies 

under subpart L of this part, providing 

multiple copies of the same record, 

obtaining research data under § 2.69, or 

sending records by means other than 

first class mail. 

(c) The bureau will notify you of these 

fees before they accrue and will obtain 

your written assurance of payment or an 

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advance payment before proceeding. 

See § 2.49 and § 2.50. 

§ 2.45 When will the bureau waive fees? 

(a) The bureau will release records 

responsive to a request without charge 

(in other words, it will give you a full 

fee waiver) or at a reduced charge (in 

other words, it will give you a partial fee 

waiver, as discussed further in 

paragraph (b) of this section) if the 

bureau determines, based on all 

available information, that you have 

demonstrated (under the factors listed 

in § 2.48) that disclosing the information 

is: 

(1) In the public interest because it is 

likely to contribute significantly to 

public understanding of government 

operations or activities, and 

(2) Not primarily in your commercial 

interest. 

(b) A partial fee waiver may be 

appropriate if some but not all of the 

requested records are likely to 

contribute significantly to public 

understanding of the operations and 

activities of the government. 

(c) When deciding whether to waive 

or reduce fees, the bureau will rely on 

the fee waiver justification submitted in 

your request letter. If the letter does not 

include sufficient justification, the 

bureau will deny the fee waiver request. 

The bureau may, at its discretion, 

request additional information from you 

(see § 2.51). 

(d) The burden is on you to justify 

entitlement to a fee waiver. Requests for 

fee waivers are decided on a case-bycase basis. If you have received a fee 

waiver in the past, that does not mean 

you are automatically entitled to a fee 

waiver for every request submitted. 

Your fee waiver request must address 

the criteria referenced in this section. 

(e) Discretionary fee waivers are 

addressed in § 2.56. 

(f) The bureau must not make value 

judgments about whether the 

information at issue is ‘‘important’’ 

enough to be made public; it is not the 

bureau’s role to attempt to determine 

the level of public interest in requested 

information. 

§ 2.46 When may you ask the bureau for a 

fee waiver? 

(a) You should request a fee waiver 

when your request is first submitted to 

the bureau (see § 2.6). 

(b) You may submit a fee waiver 

request at a later time if the underlying 

record request is still either pending or 

on administrative appeal. 

§ 2.47 How will the bureau notify you if it 

denies your fee waiver request? 

If the bureau denies your request for 

a fee waiver, it will notify you, in 

writing, of the following: 

(a) The basis for the denial, including 

a full explanation of why the fee waiver 

request does not meet the Department’s 

fee waiver criteria in § 2.48. 

(b) The name and title or position of 

each person responsible for the denial; 

(c) The name and title of the Office of 

the Solicitor attorney consulted; and 

(d) Your right to appeal the denial to 

the FOIA Appeals Officer, under the 

procedures in § 2.57, within 30 

workdays after the date of the fee waiver 

denial letter. 

§ 2.48 How will the bureau evaluate your 

fee waiver request? 

(a) In deciding whether your fee 

waiver request meets the requirements 

of § 2.45(a)(1), the bureau will consider 

the criteria listed in paragraphs one 

through four below. You must address 

each of these criteria. 

(1) How the records concern the 

operations or activities of the Federal 

government. 

(2) How disclosure is likely to 

contribute to public understanding of 

those operations or activities, including: 

(i) How the contents of the records are 

meaningfully informative; 

(ii) The logical connection between 

the content of the records and the 

operations or activities; 

(iii) How disclosure will contribute to 

the understanding of a reasonably broad 

audience of persons interested in the 

subject, as opposed to your individual 

understanding; 

(iv) Your identity, vocation, 

qualifications, and expertise regarding 

the requested information and 

information that explains how you plan 

to disclose the information in a manner 

that will be informative to the 

understanding of a reasonably broad 

audience of persons interested in the 

subject, as opposed to your individual 

understanding 

(v) Your ability and intent to 

disseminate the information to a 

reasonably broad audience of persons 

interested in the subject (for example, 

how and to whom do you intend to 

disseminate the information). 

(3) How disclosure is likely to 

significantly contribute to the 

understanding of a reasonably broad 

audience of persons interested in the 

subject, as opposed to your individual 

understanding, including: 

(i) Whether the information being 

requested is new; 

(ii) Whether the information would 

confirm or clarify data that has been 

released previously; 

(iii) How disclosure will increase the 

level of public understanding of the 

operations or activities of the 

Department or a bureau that existed 

prior to disclosure; and 

(iv) Whether the information is 

already publicly available. If the 

Government previously has published 

the information you are seeking or it is 

routinely available to the public in a 

library, reading room, through the 

Internet, or as part of the administrative 

record for a particular issue, it is 

unlikely that there will be a significant 

contribution from release. 

(4) How the public’s understanding of 

the subject in question will be enhanced 

to a significant extent by the disclosure. 

(b) In deciding whether the fee waiver 

meets the requirements in § 2.45(a)(2), 

the bureau will consider any 

commercial interest of yours that would 

be furthered by the requested 

disclosure. 

(1) You are encouraged to provide 

explanatory information regarding this 

consideration. 

(2) The bureau will not find that 

disclosing the requested information 

will be primarily in your commercial 

interest where the public interest is 

greater than any identified commercial 

interest in disclosure. 

(3) If you do have a commercial 

interest that would be furthered by 

disclosure, explain how the public 

interest in disclosure would be greater 

than any commercial interest you or 

your organization may have in the 

documents. 

(i) Your identity, vocation, and 

intended use of the requested records 

are all factors to be considered in 

determining whether disclosure would 

be primarily in your commercial 

interest. 

(ii) If you are a representative of a 

news media organization seeking 

information as part of the news 

gathering process, we will presume that 

the public interest outweighs your 

commercial interest. 

(iii) If you represent a business/ 

corporation/association or you are an 

attorney representing such an 

organization, we will presume that your 

commercial interest outweighs the 

public interest unless you demonstrate 

otherwise. 

§ 2.49 When will you be notified of 

anticipated fees? 

(a) The bureau will notify you under 

this section unless: 

(1) The anticipated fee is less than $50 

(you will not be charged if the fee for 

processing your request is less than $50, 

unless multiple requests are aggregated 

under § 2.54). 

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(2) You have been granted a full fee 

waiver; or 

(3) You have previously agreed to pay 

all the fees associated with the request. 

(b) If none of the above exceptions 

apply, the bureau will: 

(1) Promptly notify you of the 

estimated costs; 

(2) Ask you to provide written 

assurance within 20 workdays that you 

will pay all fees or fees up to a 

designated amount; 

(3) Notify you that it will not be able 

to comply with your FOIA request 

unless you provide the written 

assurance requested; and 

(4) Give you an opportunity to reduce 

the fee by modifying the request. 

(c) If the bureau does not receive your 

written assurance of payment under 

paragraph (b)(2) of this section within 

20 workdays, the request will be closed. 

(d) After the bureau begins processing 

a request, if it finds that the actual cost 

will exceed the amount you previously 

agreed to pay, the bureau will: 

(1) Stop processing the request; 

(2) Promptly notify you of the higher 

amount and ask you to provide written 

assurance of payment; and 

(3) Notify you that it will not be able 

to fully comply with your FOIA request 

unless you provide the written 

assurance requested; and 

(4) Give you an opportunity to reduce 

the fee by modifying the request. 

(e) If you wish to modify your request 

in an effort to reduce fees, the bureau’s 

FOIA Public Liaison can assist you. 

§ 2.50 When will the bureau require 

advance payment? 

(a) The bureau will require advance 

payment before starting further work 

when it finds the estimated fee is over 

$250 and: 

(1) You have never made a FOIA 

request to the Department requiring the 

payment of fees; or 

(2) You did not pay a previous FOIA 

fee within 30 calendar days of the date 

of billing. 

(b) If the bureau believes that you did 

not pay a previous FOIA fee within 30 

calendar days of the date of billing, the 

bureau will require you to either: 

(1) Demonstrate you paid prior fee 

within 30 calendar days of the date of 

billing; or 

(2) Pay any unpaid amount of the 

previous fee, plus any applicable 

interest penalties (see § 2.53), and pay in 

advance the estimated fee for the new 

request. 

(c) When the bureau notifies you that 

an advance payment is due, it will give 

you an opportunity to reduce the fee by 

modifying the request. 

(d) A bureau request for payment 

before copies of documents are sent to 

you is not an advance payment. 

(e) If the bureau requires advance 

payment, it will start further work only 

after receiving the advance payment. It 

will also notify you that it will not be 

able to comply with your FOIA request 

unless you provide the advance 

payment. Unless you pay the advance 

payment within 20 workdays after the 

date of the bureau’s fee letter, the 

bureau will presume that you are no 

longer interested and will close the file 

on the request. 

§ 2.51 What if the bureau needs 

clarification about fee issues? 

(a) If your FOIA request does not 

contain sufficient information for the 

bureau to determine your proper fee 

category or leaves another fee issue 

unclear, the bureau may ask you to 

provide additional clarification. If it 

does so, the bureau will notify you that 

it will not be able to comply with your 

FOIA request unless you provide the 

clarification requested. 

(b) If the bureau asks you to provide 

clarification, the 20-workday statutory 

time limit for the bureau to respond to 

the request is temporarily suspended. 

(1) If the bureau hears from you 

within 20 workdays, the 20-workday 

statutory time limit for processing the 

request will resume (see § 2.16). 

(2) If you still have not provided 

sufficient information to resolve the fee 

issue, the bureau may ask you again to 

provide additional clarification and 

notify you that it will not be able to 

comply with your FOIA request unless 

you provide the additional information 

requested within 20 workdays. 

(3) If the bureau asks you again for 

additional clarification, the statutory 

time limit for response will be 

temporarily suspended again and will 

resume again if the bureau hears from 

you within 20 workdays. 

(c) If the bureau asks for clarification 

about a fee issue and does not hear from 

you within 20 workdays, it will 

presume that you are no longer 

interested and will close the file on the 

request. 

§ 2.52 How will you be billed? 

If you are required to pay a fee 

associated with a FOIA request, the 

bureau processing the request will send 

a bill for collection. 

§ 2.53 How will the bureau collect fees 

owed? 

(a) The bureau may charge interest on 

any unpaid bill starting on the 31st day 

following the billing date. 

(b) The bureau will assess interest 

charges at the rate provided in 31 U.S.C. 

3717 and implementing regulations and 

interest will accrue from the billing date 

until the bureau receives payment. 

(c) The bureau will follow the 

provisions of the Debt Collection Act of 

1982 (Public Law 97–365, 96 Stat. 

1749), as amended, and its 

administrative procedures, including 

the use of consumer reporting agencies, 

collection agencies, and offset to collect 

overdue amounts and interest. 

(d) This section does not apply if you 

are a state, local, or tribal government. 

§ 2.54 When will the bureau combine or 

aggregate requests? 

(a) The bureau may aggregate requests 

and charge accordingly when it 

reasonably believes that you, or a group 

of requesters acting in concert with you, 

are attempting to avoid fees by dividing 

a single request into a series of requests 

on a single subject or related subjects. 

(b) The bureau may presume that 

multiple requests of this type made 

within a 30-day period have been made 

to avoid fees. 

(c) The bureau will aggregate requests 

separated by a longer period only where 

there is a reasonable basis for 

determining that aggregation is 

warranted in view of all the 

circumstances involved. 

(d) The bureau will not aggregate 

multiple requests involving unrelated 

matters. 

§ 2.55 What if other statutes require the 

bureau to charge fees? 

(a) The fee schedule in appendix A to 

this part does not apply to fees charged 

under any statute that specifically 

requires the bureau to set and collect 

fees for particular types of records. 

(b) If records otherwise responsive to 

a request are subject to a statutorilybased fee schedule, the bureau will 

inform you whom to contact to obtain 

the records. 

§ 2.56 May the bureau waive your fees at 

its discretion? 

(a) The bureau may waive fees at its 

discretion if a request involves 

furnishing: 

(1) A copy of a record that the bureau 

has reproduced for free distribution; 

(2) One copy of a personal document 

(for example, a birth certificate) to a 

person who has been required to furnish 

it for retention by the Department; 

(3) One copy of the transcript of a 

hearing before a hearing officer in a 

grievance or similar proceeding to the 

employee for whom the hearing was 

held; 

(4) Records to donors with respect to 

their gifts; 

(5) Records to individuals or private 

nonprofit organizations having an 

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official, voluntary, or cooperative 

relationship with the Department if it 

will assist their work with the 

Department; 

(6) A reasonable number of records to 

members of the U.S. Congress; state, 

local, and foreign governments; public 

international organizations; or Indian 

tribes, when to do so is an appropriate 

courtesy, or when the recipient is 

carrying on a function related to a 

Departmental function and the waiver 

will help accomplish the Department’s 

work; 

(7) Records in conformance with 

generally established business custom 

(for example, furnishing personal 

reference data to prospective employers 

of current or former Department 

employees); or 

(8) One copy of a single record to 

assist you in obtaining financial benefits 

to which you may be entitled (for 

example, veterans or their dependents, 

employees with Government employee 

compensation claims). 

(b) You cannot appeal the denial of a 

discretionary fee waiver. 

Subpart H—Administrative Appeals 

§ 2.57 When may you file an appeal? 

(a) You may file an appeal when: 

(1) The bureau withholds records, or 

parts of records; 

(2) The bureau informs you that your 

request has not adequately described the 

records sought; 

(3) The bureau informs you that it 

does not possess or cannot locate 

responsive records and you have reason 

to believe this is incorrect or that the 

search was inadequate; 

(4) The bureau did not address all 

aspects of the request for records; 

(5) You believe there is a procedural 

deficiency (for example, fees are 

improperly calculated); 

(6) The bureau denied a fee waiver; 

(7) The bureau did not make a 

decision within the time limits in § 2.16 

or, if applicable, § 2.18; or 

(8) The bureau denied, or was late in 

responding to a request for expedited 

processing filed under the procedures in 

§ 2.20. 

(b) An appeal under paragraph (a)(8) 

of this section relates only to the request 

for expedited processing and does not 

constitute an appeal of the underlying 

request for records. Special procedures 

apply to requests for expedited 

processing of an appeal (see § 2.63). 

(c) Before filing an appeal, you may 

wish to communicate with the contact 

person listed in the FOIA response, the 

bureau’s FOIA Officer, and/or the FOIA 

Public Liaison to see if the issue can be 

resolved informally. However, appeals 

must be received by the FOIA Appeals 

Officer within the time limits in § 2.58 

or they will not be processed. 

§ 2.58 How long do you have to file an 

appeal? 

(a) Appeals covered by § 2.57(a)(1), 

(2), (3), (4), and (5) must be received by 

the FOIA Appeals Officer no later than 

30 workdays from the date of the final 

response. 

(b) Appeals covered by § 2.57(a)(6) 

must be received by the FOIA Appeals 

Officer no later than 30 workdays from 

the date of the letter denying the fee 

waiver. 

(c) Appeals covered by § 2.57(a)(7) 

may be filed any time after the time 

limit for responding to the request has 

passed. 

(d) Appeals covered by § 2.57(a)(8) 

should be filed as soon as possible. 

(e) Appeals arriving or delivered after 

5 p.m. Eastern Time, Monday through 

Friday, will be deemed received on the 

next workday. 

§ 2.59 How do you file an appeal? 

(a) You must submit the appeal in 

writing by mail, fax or email to the 

FOIA Appeals Officer (using the address 

available at http://www.doi.gov/foia/ 

appeals.cfm). Your failure to send an 

appeal directly to the FOIA Appeals 

Officer may delay processing. 

(b) The appeal must include: 

(1) Copies of all correspondence 

between you and the bureau concerning 

the FOIA request, including the request 

and the bureau’s response (if there is 

one); and 

(2) An explanation of why you believe 

the bureau’s response was in error. 

(c) The appeal should include your 

name, mailing address, daytime 

telephone number (or the name and 

telephone number of an appropriate 

contact), email address, and fax number 

(if available) in case the Department 

needs additional information or 

clarification. 

(d) An appeal concerning a denial of 

expedited processing or a fee waiver 

denial should also demonstrate fully 

how the criteria in § 2.20 or § 2.45 and 

§ 2.48 are met. 

(e) All communications concerning an 

appeal should be clearly marked with 

the words: ‘‘FREEDOM OF 

INFORMATION APPEAL.’’ 

(f) The Department will reject an 

appeal that does not attach all 

correspondence required by paragraph 

(b)(1) of this section, unless the FOIA 

Appeals Officer determines, in his or 

her sole discretion, that good cause 

exists to accept the defective appeal. 

The time limits for responding to an 

appeal will not begin to run until the 

correspondence is received. 

§ 2.60 Who makes decisions on appeals? 

(a) The FOIA Appeals Officer is the 

deciding official for FOIA appeals. 

(b) When necessary, the FOIA 

Appeals Officer will consult other 

appropriate offices, including the Office 

of the Solicitor, for all denials of records 

and fee waivers. 

(c) The FOIA Appeals Officer 

normally will not make a decision on an 

appeal if the request becomes a matter 

of FOIA litigation. 

§ 2.61 How are decisions on appeals 

issued? 

(a) A decision on an appeal must be 

made in writing. 

(b) A decision that upholds the 

bureau’s determination will notify you 

of the decision and your statutory right 

to file a lawsuit. 

(c) A decision that overturns, 

remands, or modifies the bureau’s 

determination will notify you of the 

decision. The bureau then must further 

process the request in accordance with 

the appeal determination. 

§ 2.62 When can you expect a decision on 

your appeal? 

(a) The basic time limit for responding 

to an appeal is 20 workdays after receipt 

of an appeal meeting the requirements 

of § 2.59. 

(b) The FOIA Appeals Officer may 

extend the basic time limit, if unusual 

circumstances exist. Before the 

expiration of the basic 20 workday time 

limit to respond, the FOIA Appeals 

Officer will notify you in writing of the 

unusual circumstances involved and of 

the date by which he or she expects to 

complete processing of the appeal. 

(c) If the Department is unable to 

reach a decision on your appeal within 

the given time limit for response, the 

FOIA Appeals Officer will notify you of: 

(1) The reason for the delay; and 

(2) Your statutory right to seek review 

in a United States District Court. 

§ 2.63 Can you receive expedited 

processing of appeals? 

(a) To receive expedited processing of 

an appeal, you must demonstrate to the 

Department’s satisfaction that the 

appeal meets one of the criteria under 

§ 2.20 and include a statement that the 

need for expedited processing is true 

and correct to the best of your 

knowledge and belief. 

(b) The FOIA Appeals Officer will 

advise you whether the Department will 

grant expedited processing within 10 

calendar days of receiving the appeal. 

(c) If the FOIA Appeals Officer 

decides to grant expedited processing, 

he or she will give the appeal priority 

and process it ahead of other pending 

appeals. 

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§ 2.64 Must you submit an appeal before 

seeking judicial review? 

Before seeking review by a court of 

the bureau’s adverse determination, you 

generally must first submit a timely 

administrative appeal. 

Subpart I—General Information 

§ 2.65 Where are records made available? 

Records that are required by the FOIA 

to be made proactively available for 

public inspection and copying are 

accessible on the Department’s Web site, 

http://www.doi.gov/foia/libraries.cfm. 

They may also be available at bureau 

office locations. 

§ 2.66 What are public liaisons? 

(a) Each bureau has a FOIA Public 

Liaison that can assist individuals in 

locating bureau records. 

(b) FOIA Public Liaisons report to the 

Department’s Chief FOIA Officer and 

you can raise concerns to them about 

the service you have received. 

(c) FOIA Public Liaisons are 

responsible for assisting in reducing 

delays, increasing transparency and 

understanding of the status of requests, 

and assisting in resolving disputes. 

(d) A list of the Department’s FOIA 

Public Liaisons is available at http:// 

doi.gov/foia/servicecenters.cfm. 

§ 2.67 When will the Department make 

records available without a FOIA request? 

(a) Each bureau must: 

(1) Determine which of its records 

must be made publicly available under 

the FOIA (for example, certain 

frequently requested records); 

(2) Identify additional records of 

interest to the public that are 

appropriate for public disclosure; and 

(3) Post those records in FOIA 

libraries. 

(b) Because of these proactive 

disclosures, you are encouraged to 

review the Department’s FOIA libraries 

before filing a FOIA request. The 

material you seek may be immediately 

available electronically at no cost. 

§ 2.68 How will FOIA materials be 

preserved? 

(a) Each bureau must preserve all 

correspondence pertaining to the 

requests that it receives under subpart B 

of this part, as well as copies of all 

requested records, until disposition or 

destruction is authorized by the General 

Records Schedule 14 of the National 

Archives and Records Administration 

(‘‘NARA’’) or another NARA-approved 

records schedule. 

(b) Materials that are identified as 

responsive to a FOIA request will not be 

disposed of or destroyed while the 

request or a related appeal or lawsuit is 

pending. This is true even if they would 

otherwise be authorized for disposition 

or destruction under the General 

Records Schedule 14 of NARA or 

another NARA-approved records 

schedule. 

§ 2.69 How will a bureau handle a request 

for federally-funded research data? 

(a) If you request research data that 

were used by the Federal Government in 

developing certain kinds of agency 

actions, and the research data relate to 

published research findings produced 

under an award, in accordance with 

OMB Circular A–110: 

(1) If the bureau was the awarding 

agency, it will request the research data 

from the recipient; 

(2) The recipient must provide the 

research data within a reasonable time; 

and 

(3) The bureau will review the 

research data to see if it can be released 

under the FOIA. 

(b) If the bureau obtains the research 

data solely in response to your FOIA 

request, the bureau may charge you a 

reasonable fee equaling the full 

incremental cost of obtaining the 

research data. 

(1) This fee should reflect costs 

incurred by the agency, the recipient, 

and applicable subrecipients. 

(2) This fee is in addition to any fees 

the agency may assess under the FOIA. 

(c) The bureau will forward a copy of 

the request to the recipient, who is 

responsible for searching for and 

reviewing the requested information in 

accordance with these FOIA regulations. 

The recipient will forward a copy of any 

responsive records that are located, 

along with any recommendations 

concerning the releasability of the data, 

and the total cost incurred in searching 

for, reviewing, and providing the data. 

(d) The bureau will review and 

consider the recommendations of the 

recipient regarding the releasability of 

the requested research data. However, 

the bureau, not the recipient, is 

responsible for deciding whether the 

research data will be released or 

withheld. 

§ 2.70 What definitions apply to subparts 

A through I of this part? 

For the purposes of subparts A 

through I of this part, the following 

definitions apply: 

Bureau means any major component 

of the Department administering its own 

FOIA program. A list of these 

components is available at: http:// 

www.doi.gov/foia/contacts.cfm. 

Commercial interest means a 

commercial, trade, or profit interest as 

these terms are commonly understood. 

Your status as profitmaking or nonprofitmaking is not the deciding factor 

in determining whether you have a 

commercial interest. 

Commercial use means a use that 

furthers your commercial, trade or profit 

interests or that of the person on whose 

behalf the request is made. 

Confidential information means trade 

secrets or commercial or financial 

information (that is privileged or 

confidential and obtained by the 

Department from a person) that may be 

protected from disclosure under 

Exemption 4 of the FOIA. 

Department means the Department of 

the Interior. 

Direct costs means those resources 

that the bureau expends in searching for 

and duplicating (and, in the case of 

commercial-use requests, reviewing) 

records to respond to a FOIA request. 

For example, direct costs include the 

salary 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, such as 

photocopiers and scanners. Direct costs 

do not include overhead expenses such 

as the costs of space and of heating or 

lighting a facility. 

Duplication means reproducing a 

copy of a record or of the information 

contained in it necessary to respond to 

a FOIA request. Copies can take the 

form of paper, audiovisual materials, or 

electronic records, among others. 

Educational institution means any 

school that operates a program of 

scholarly research. In order to fall 

within this category, you must show 

that the request is authorized by and 

made under the auspices of, a qualifying 

institution and that the records are not 

sought for a commercial use, but rather 

are sought to further scholarly research. 

Exceptional circumstances means a 

delay that does not result from a 

predictable workload of requests (unless 

the bureau demonstrates reasonable 

progress in reducing its backlog of 

pending requests). 

Exempt means the record in question, 

or a portion thereof, is not subject to 

disclosure due to one or more of the 

FOIA’s nine statutory exemptions, 

found at 5 U.S.C. 552(b)(1)-(9). 

Exemption means one or more of the 

FOIA’s nine statutory exemptions, 

found at 5 U.S.C. 552(b)(1)-(9). 

Expedited processing means giving a 

FOIA request priority and processing it 

ahead of other requests pending in the 

bureau because you have shown a 

compelling need for the records. 

Fee category means one of the four 

categories, discussed in § 2.38 and 

§ 2.39, that agencies place you in for the 

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purpose of determining whether you 

will be charged fees for search, review, 

and duplication. 

FOIA means the Freedom of 

Information Act, 5 U.S.C. 552, as 

amended. 

FOIA libraries means a physical or 

electronic compilation of records 

required to be made available to the 

public for inspection and copying under 

5 U.S.C. 552(a)(2). It also includes a 

physical or electronic compilation of 

records that the bureau, at its discretion, 

makes available to the public for 

inspection and copying. 

Frequently requested records means 

records that have been released to any 

person in response to a FOIA request 

and that have been requested, or that the 

bureau anticipates will be requested, at 

least two more times under the FOIA. 

Multitrack processing means placing 

simple requests, requiring relatively 

minimal review, in one processing track 

and more voluminous and complex 

requests in one or more other tracks. 

Requests in each track are processed on 

a first-in/first-out basis. 

Noncommercial scientific institution 

means an institution that is not operated 

for commerce, trade or profit, and that 

is operated solely for the purpose of 

conducting scientific research the 

results of which are not intended to 

promote any particular product or 

industry. To be in this category, you 

must show that the request is authorized 

by and is made under the auspices of a 

qualifying institution and that the 

records are not sought for a commercial 

use but are sought to further scientific 

research. 

OMB Fee Guidelines means the 

Uniform Freedom of Information Fee 

Schedule and Guidelines published by 

the Office of Management and Budget at 

52 FR 10012 (Mar. 27, 1987). 

Published means, for the purposes of 

§ 2.69 only, when: 

(1) Research findings are published in 

a peer-reviewed scientific or technical 

journal; or 

(2) A Federal agency publicly and 

officially cites the research findings in 

support of an agency action that has the 

force and effect of law. 

Recipient means, for the purposes of 

§ 2.69 only, an organization receiving 

financial assistance directly from 

Federal awarding agencies to carry out 

a project or program. The term includes 

public and private institutions of higher 

education, public and private hospitals, 

and other quasi-public and private nonprofit organizations. The term may 

include commercial organizations, 

foreign or international organizations 

(such as agencies of the United Nations) 

which are recipients, subrecipients, or 

contractors or subcontractors of 

recipients or subrecipients at the 

discretion of the Federal awarding 

agency. The term does not include 

government-owned contractor-operated 

facilities or research centers providing 

continued support for mission-oriented, 

large-scale programs that are 

government-owned or controlled, or are 

designated as federally-funded research 

and development centers. 

Record means an agency record that is 

either created or obtained by an agency 

and is under agency possession and 

control at the time of the FOIA request, 

or is maintained by an entity under 

Government contract for the purposes of 

records management. 

Representative of the news media 

means any person or entity that gathers 

information of potential interest to a 

segment of the public, uses its editorial 

skills to turn the raw materials into a 

distinct work, and distributes that work 

to an audience. The term news as used 

in this definition means information 

that is about current events or that 

would be of current interest to the 

public. Examples of news media entities 

are newspapers, television, Web sites, or 

radio stations broadcasting to the public 

at large, and publishers of periodicals 

(but only if such entities qualify as 

disseminators of news) who make their 

products available for purchase by or 

subscription by or free distribution to 

the general public. These examples are 

not all inclusive. As methods of news 

delivery evolve, alternative 

representatives of news media may 

come into being. A freelance journalist 

will qualify as a news-media entity if he 

or she can demonstrate a solid basis for 

expecting publication through that 

entity, whether or not the journalist is 

actually employed by that entity (for 

example, a publication contract would 

present a solid basis for such an 

expectation). 

Research data means, for the 

purposes of § 2.69 only, the recorded 

factual material commonly accepted in 

the scientific community as necessary to 

validate research findings, but not any 

of the following: preliminary analyses, 

drafts of scientific papers, plans for 

future research, peer reviews, or 

communications with colleagues. The 

term recorded as used in this definition 

excludes physical objects (e.g., 

laboratory samples). Research data also 

do not include: 

(1) Trade secrets, commercial 

information, materials necessary to be 

held confidential by a researcher until 

they are published, or similar 

information which is protected under 

law; and 

(2) Personnel and medical 

information and similar information the 

disclosure of which would constitute a 

clearly unwarranted invasion of 

personal privacy, such as information 

that could be used to identify a 

particular person in a research study. 

Review means the examination of a 

record located in response to a request 

to determine whether any portion of it 

is exempt from disclosure. Review time 

includes processing any record for 

disclosure, such as doing all that is 

necessary to prepare the record for 

disclosure, including the process of 

redacting the record and marking the 

appropriate exemptions. Review time 

also includes time spent both obtaining 

and considering any formal objection to 

disclosure made by a confidential 

information submitter under subpart G 

of this part, but it excludes time spent 

resolving general legal or policy issues 

regarding the application of FOIA 

exemptions. 

Search means the process of looking 

for and retrieving records responsive to 

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

information within records; and the 

reasonable efforts expended to locate 

and retrieve electronic records. 

Submitter means any person or entity 

outside the Federal Government from 

whom the Department obtains 

confidential information, directly or 

indirectly. The term includes, but is not 

limited to individuals, corporations, and 

state, local, tribal, and foreign 

governments. 

Unusual circumstances means the 

need to search for and collect requested 

records from field facilities or other 

establishments that are separate from 

the office processing the request; the 

need to search for, collect, and examine 

a voluminous amount of separate and 

distinct records which are demanded in 

a single request; or the need for 

consultation, which shall be conducted 

with all practicable speed, with another 

agency, or among two or more 

components of the Department, having 

a substantial interest in the 

determination of the request. 

Workday means a regular Federal 

workday. It excludes Saturdays, 

Sundays, or Federal legal public 

holidays. Items arriving or delivered 

after 5 p.m. Eastern Time will be 

deemed received on the next workday. 

You means a person requesting 

records, or filing an appeal, under the 

FOIA. 

6. Appendices A through E to Part 2 

are removed. 

7. Appendix C is redesignated as 

Appendix A and revised to read as 

follows. 

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Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Proposed Rules 56605 

Appendix A to Part 2—Fee Schedule 

Types of records Fee 

(1) Physical records: 

Pages no larger than 8.5 × 14 inches, when reproduced by standard office copying machines or 

scanned into an electronic format 

$.15 per page ($.30 for doublesided copying). 

Color copies of pages no larger than 8.5 × 11 inches $.90 per page. 

Pages larger than 8.5 × 14 inches Direct cost to DOI. 

Color copies of pages no larger than 11 × 17 inches $1.50 per page. 

Photographs and records requiring special handling (for example, because of age, size, or format) Direct cost to DOI. 

(2) Electronic records: 

Charges for services related to processing requests for electronic records Direct cost to DOI. 

(3) Certification ................................................................................................................................................... Fee. 

Each certificate of verification attached to authenticate copies of records $.25. 

(4) Postage: 

Charges that exceed the cost of first class postage, such as express mail or overnight delivery Postage or delivery charge. 

(5) Other Services: 

Cost of special services or materials, other than those provided for by this fee schedule, when requester is notified of such costs in advance and agrees to pay them Direct cost to DOI. 

8. Appendix F to Part 2 is 

redesignated as Appendix B to Part 2. 

[FR Doc. 2012–22391 Filed 9–12–12; 8:45 am] 

BILLING CODE 4310–10–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WT Docket Nos. 12–64 and 11–110; Report 

No. 2959] 

Petition for Reconsideration of Action 

in Rulemaking Proceeding; Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Petition for reconsideration; 

correction. 

SUMMARY: The Federal Communications 

Commission published a summary in 

the Federal Register of August 31, 2012, 

regarding a Petition for Reconsideration 

filed in a rulemaking proceeding. The 

summary included the incorrect 

deadline for filing replies to an 

opposition to the Petition. This 

document revises the deadline for 

replies to an opposition to the Petition. 

DATES: Oppositions to the Petition must 

be filed on or before September 17, 

2012. Replies to an opposition must be 

filed on or before September 27, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Brian Regan, Mobility Division, 

Wireless Telecommunications Bureau, 

brian.regan@fcc.gov 

<mailto:brian.regan@fcc.gov>, (202) 

418–2849. 

SUPPLEMENTARY INFORMATION: The 

Federal Communications Commission 

(FCC) published a summary of a Petition 

for Reconsideration of a rulemaking 

proceeding in the Federal Register at 77 

FR 53163, August 31, 2012. The 

deadlines for filing oppositions to the 

Petition and replies to oppositions to 

the Petition were listed in the summary. 

The deadline in the summary for replies 

to an opposition is incorrect. 

In the summary published in 77 FR 

53163 on August 31, 2012, in FR Doc. 

No. 2012–21478, make the following 

correction. On page 53163, in the third 

column, correct the second sentence in 

the DATES section to read: Replies to an 

opposition must be filed on or before 

September 27, 2012. 

Federal Communications Commission. 

Gloria J. Miles, 

Federal Register Liaison, Office of the 

Secretary, Office of Managing Director. 

[FR Doc. 2012–22562 Filed 9–12–12; 8:45 am] 

BILLING CODE 6712–01–P 

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