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[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Proposed Rules]
[Pages 11025-11037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03633]

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DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Part 4

[Docket No. 140127076-4076-01]
RIN 0605-AA33

Public Information, Freedom of Information Act and Privacy Act 
Regulations

AGENCY: Department of Commerce.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This rule proposes revisions to the Department of Commerce's 
(Department) regulations under the Freedom of Information Act (FOIA) 
and Privacy Act. The FOIA regulations are being revised to clarify, 
update and streamline the language of several procedural provisions, 
including methods for submitting FOIA requests and appeals and the time 
limits for filing an administrative appeal, and to incorporate certain 
of the changes brought about by the amendments to the FOIA under the 
OPEN Government Act of 2007. Additionally, the FOIA regulations are 
being updated to reflect developments in the case law. The Privacy 
regulations are being revised to clarify, update and streamline several 
procedural provisions, including the methods for submitting appeals of 
Privacy Act requests and the time limits for filing a Privacy Act 
appeal. Additionally, the Privacy Act regulations are being updated to 
make technical changes to the applicable exemptions.

DATES: Written comments must be postmarked and electronic comments must 
be submitted on or before March 31, 2014. Comments received by mail 
will be considered timely if they are postmarked on or before that 
date. The electronic Federal Docket Management System (FDMS) will 
accept comments until Midnight Eastern Time at the end of that day.

ADDRESSES: You may submit comments, identified by Regulatory 
Information Number (RIN) 0605-AA33, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: (202) 482-2552. Include the RIN 0605-AA33 in the 
subject line.
     Mail: Mark R. Tallarico, Senior Counsel, Office of the 
General Counsel, Department of Commerce, 1401 Constitution Avenue NW., 
Room 5099, Washington, DC 20230.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this rulemaking. All comments received 
will be posted without change to regulations.gov, including any 
personal information provided. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: Mark R. Tallarico, 202-482-8156, or 
Britt E. Carlson, 202-482-8155.

SUPPLEMENTARY INFORMATION: Public Participation: Comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period, may not be considered by the Department.
    If you want to submit personal identifying information (such as 
your name, address, etc.) as part of your comment, but do not want it 
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING 
INFORMATION'' in the first paragraph of your comment. You must also 
locate all the personal identifying information you do not want posted 
online in the first paragraph of your comment and identify what 
information you want redacted.
    If you want to submit confidential business information as part of 
your comment but do not want it to be posted online, you must include 
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph 
of your comment. You must also prominently identify confidential 
business information to be redacted within the comment. If a comment 
has so much confidential business

[[Page 11026]]

information that it cannot be effectively redacted, all or part of the 
comment may not be posted on http://www.regulations.gov.
    Personal identifying information and confidential business 
information identified and located as set forth above will be placed in 
the agency's public docket file, but not posted online. If you wish to 
inspect the agency's public docket file in person by appointment, 
please see the FOR FURTHER INFORMATION CONTACT paragraph.

Discussion

    This rule proposes revisions to the Department's regulations under 
the FOIA to clarify, update and streamline the language of several 
procedural provisions, including the methods for submitting FOIA 
requests and appeals and the time limits for responding to a request 
and filing an administrative appeal, and to incorporate certain of the 
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 FOIA regulations are being updated to reflect 
developments in the case law.
    Specifically this action would amend the procedures for filing 
requests and appeals for both the FOIA and the Privacy Act, and allow 
parties to use delivery services or file online through FOIAonline 
(http://foiaonline.regulations.gov). The rule will also vest the Office 
of the Inspector General's (OIG) Counsel, rather than the Office of the 
Assistant General Counsel for Administration, with responsibility for 
addressing appeals for the OIG.
    The Department further proposes to clarify when the 20-day 
statutory time limit for responding to requests begins (i.e., when 
requests are received by the proper DOC component's FOIA office, when 
requests are modified for purposes of reformulating a request so that 
it reasonably describes the requests sought). This rule would also 
clarify that certain inactions by a requester, such as his or her 
failure to respond to a component's one-time clarification request 
within 30 calendar days, failure to submit an agreement to pay 
anticipated fees in excess of $20 within 30 calendar days of the 
component's fee estimate, failure to make an advanced payment within 30 
calendar days of the component's fee estimate, may result in a request 
being closed. For FOIA appeals, the Department proposes to clarify that 
if the deadline for filing an administrative appeal falls on a 
Saturday, Sunday or legal public holiday, an appeal received by 5 p.m. 
Eastern Time, the next business day will be deemed timely.
    To implement the OPEN Government Act of 2007, the Department 
proposes to: (1) Allow Department components to seek a one-time 
clarification of a request and toll the time period for responding to 
the request until the requester clarifies; (2) add a definition of 
``Representative of the news media, or news media requester'' as 
defined in the OPEN Government Act; and (3) place limits on the fees 
charged when Department components do not comply with the statutory 
time limits under the FOIA.
    This rule would modify the following Department FOIA regulations: 
Sec.  4.1 (General Provisions), Sec.  4.2 (Public reference 
facilities), Sec.  4.3 (Records under the FOIA), Sec.  4.4 
(Requirements for making requests), Sec.  4.5 (Responsibility for 
responding to requests), Sec.  4.6 (Time limits and expedited 
processing), Sec.  4.7 (Responses to requests), Sec.  4.8 (Classified 
information), Sec.  4.9 (Business information), Sec.  4.10 (Appeals 
from initial determinations or untimely delays), and Sec.  4.11 (Fees). 
In addition, new provisions implementing such changes are found at 
Sec.  4.6(c) (Clarification of request), Sec.  4.7(a) (Acknowledgment 
of requests), Sec. Sec.  4.10(a)(1) and (2) and (b)(1)(2) 
(distinguishing where requesters should submit appeals from initial 
determinations or untimely delays), and Sec.  4.11(d)(6) (Limitation on 
charging fees), with subsequent sections renumbered accordingly. 
Current Sec.  4.2(c), Sec.  4.2(d), and Sec.  4.9(h)(1) are to be 
deleted and subsequent sections, if any, renumbered accordingly.
    This rule also proposes revisions to the Department's regulations 
under the Privacy Act to clarify, update and streamline several 
procedural provisions, including the methods for submitting Privacy Act 
requests and appeals and the time limits for filing a Privacy Act 
appeal. In particular, the action will amend the Department's Privacy 
Act regulations regarding applicable exceptions to reflect new 
Department wide systems of records notices published since the last 
time the regulations were updated, and to make requesting your own 
medical records from the Department easier. Many of the other changes 
mirror those made to the FOIA regulations in order to maintain 
consistency between the provisions. The revisions of the Privacy Act 
regulations in subpart B of part 4 incorporate changes to the language 
of the regulations in the following provisions: Sec.  4.25 (Disclosure 
of requested records to individuals); Sec.  4.26 (Special 
considerations: Medical records); Sec.  4.28 (Agency review of requests 
for correction or amendment); Sec.  4.29 (Appeal of initial adverse 
agency determination on correction or amendment); Sec.  4.33 (General 
exemptions); and Sec.  4.34 (Specific exemptions).
    Appendix A to part 4 is being revised to: update mailing addresses 
and telephone addresses of Department components for receipt and 
processing of requests for records under the FOIA and Privacy Act and 
requests for correction and amendment under the Privacy Act; include 
contact information for components receiving requests for records under 
the FOIA and Privacy Act and requests for correction and amendment 
under the Privacy Act; identify components maintaining public 
inspection facilities; and identify components maintaining separate 
online Electronic FOIA Libraries. Appendix B to part 4 is being revised 
to include an updated list of Department officials authorized to deny 
requests for records under the FOIA and Privacy Act and requests for 
correction or amendment under the Privacy Act.

Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 
605(b)), the Chief Counsel for Regulation has reviewed this rule and 
certifies that this regulation, if implemented, will not have a 
significant economic impact on a substantial number of small entities. 
Under the FOIA, agencies may recover only the direct costs of searching 
for, reviewing, and duplicating the records processed for requesters. 
These fees are nominal, and therefore would not constitute a 
significant economic impact on a requester. Further, the number of 
``small entities'' that make FOIA requests is relatively small compared 
to the number of individual requesters and other requesters who make 
such requests.

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, Sec.  1(b), Principles of Regulation. The Office 
of Management and Budget has determined that this rule is not a 
``significant regulatory action'' under Executive Order 12866, Sec.  
3(f), Regulatory Planning and Review.

Paperwork Reduction Act

    This regulation does not contain a ``collection of information'' as 
defined by the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

[[Page 11027]]

Lists of Subjects in 15 CFR Part 4

    Appeals, Freedom of Information Act, Information, Privacy, Privacy 
Act.

    Dated: February 12, 2014.
Catrina D. Purvis,
Chief Privacy Officer, and Director of Open Government.

    For the reasons stated in the preamble, the Department of Commerce 
proposes to amend 15 CFR part 4 as follows:

PART 4--DISCLOSURE OF GOVERNMENT INFORMATION

0
1. The authority citation for part 4 continues to read as follows:

    Authority:  5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C. 
553; 31 U.S.C. 3717; 44 U.S.C. 3101; Reorganization Plan No. 5 of 
1950.

Subpart A--Freedom of Information Act

0
2. Amend Sec.  4.1 by revising paragraph (a) to read as follows:

Sec.  4.1  General provisions.

    (a) The information in this part is furnished for the guidance of 
the public and in compliance with the requirements of the Freedom of 
Information Act (FOIA), as amended (5 U.S.C. 552). This part sets forth 
the procedures the Department of Commerce (Department) and its 
components follow to make publicly available materials and indices 
specified in 5 U.S.C. 552(a)(2) and records requested under 5 U.S.C. 
552(a)(3). Information routinely provided to the public as part of a 
regular Department activity (for example, press releases issued by the 
Office of Public Affairs) may be provided to the public without 
following this part. In addition, as a matter of policy, the Department 
may make discretionary releases of records or information exempt from 
disclosure under the FOIA when permitted to do so in accordance with 
current law and governmental policy. This policy does not create any 
right enforceable in court.
* * * * *
0
3. Amend Sec.  4.2 by revising the section heading, paragraphs (a) and 
(b) and removing paragraphs (c) and (d) to read as follows:

Sec.  4.2  Public reading rooms.

    (a) Records that the FOIA requires to be made available for public 
inspection and copying are accessible electronically through the 
Department's ``Electronic FOIA Library'' on the Department's Web site, 
http://www.doc.gov, which includes links to Web sites for those 
components that maintain Electronic FOIA Libraries. These records may 
also be accessible at the FOIAonline Web site, http://foiaonline.regulations.gov. Each component of the Department is 
responsible for determining which of its records are required to be 
made available, as well as identifying additional records of interest 
to the public that are appropriate for disclosure, and for making those 
records available either in its own Electronic Library or in the 
Department's central Electronic FOIA Library. Components that maintain 
their own Electronic FOIA Library are designated as such in Appendix A 
to this part. Each component shall maintain and make available for 
public inspection and copying a current subject-matter index of the 
records made available electronically. Each component shall ensure that 
posted records and indices are updated regularly, at least quarterly.
    (b) If the requester does not have access to the Internet and 
wishes to obtain information regarding publicly available information, 
he or she may contact the component's FOIA office. Appendix A to this 
part contains the contact information for the components' FOIA offices. 
Some components may also maintain physical public reading rooms. These 
components and their contact information are listed in Appendix A of 
this part.
0
4. Amend Sec.  4.3 by revising paragraphs (a) through (c) to read as 
follows:

Sec.  4.3  Records under the FOIA.

    (a) Records under the FOIA include all Government records, 
regardless of format, medium or physical characteristics, and 
electronic records and information, audiotapes, videotapes, Compact 
Disks, DVDs, and photographs.
    (b) In response to a FOIA request, the Department has no obligation 
to create, compile, or obtain from outside the Department a record to 
satisfy a request (for example, extrapolating information from existing 
agency records, reformatting available information, preparing new 
electronic programs or databases, or creating data through calculations 
of rations, proportions, percentages, trends, frequency distributions, 
correlations, or comparisons). In complying with a request for records 
(including data and other electronically-stored information), whether 
the Department creates or compiles records (as by undertaking 
significant programming work) or merely extracts them from an existing 
database is fact dependent. The Department shall undertake reasonable 
efforts to search for records stored in electronic format (including 
data and other electronically-stored information).
    (c) Department officials may, upon request, create and provide new 
records to the public pursuant to statutes that authorize the creation 
and provision of new records for a fee, such as the first paragraph of 
15 U.S.C. 1525, or in accordance with authority otherwise provided by 
law. Such creation and provision of records is outside the scope of the 
FOIA.
* * * * *
0
5. Amend Sec.  4.4 by revising paragraphs (a) through (c) to read as 
follows:

Sec.  4.4  Requirements for making requests.

    (a) How made and addressed. The Department has a decentralized 
system for responding to FOIA requests, with each component designating 
a FOIA office to process records from that component. All components 
have the capability to receive requests electronically either through 
electronic mail (email) or the FOIAonline Web site, http://www.foiaonline.regulations.gov. A request for Department records that 
are not customarily made available to the public as part of the 
Department's regular informational services (or pursuant to a user fee 
statute), must be in writing and shall be processed under the FOIA, 
regardless of whether the FOIA is mentioned in the request. Requests 
must include the requester's full name and a legible return address. 
Requesters may also include other contact information, such as an email 
address and a telephone number. For the quickest handling, the request 
(and envelope, if the request is mailed or hand delivered) should be 
marked ``Freedom of Information Act Request.'' Requests may be 
submitted by U.S. mail, delivery service, email, facsimile, or online 
at the FOIAonline Web site, http://foiaonline.regulations.gov. Requests 
made by mail, delivery service, email, or facsimile should be sent to 
the Department component identified in Appendix A to this part that 
maintains those records requested, and should be sent to the addresses, 
email addresses, or numbers listed in Appendix A to this part or the 
Department's Web site, http://www.doc.gov.\1\ If the proper component 
cannot be determined, the request should be sent to the central 
facility identified in Appendix A to this part. The central facility 
will forward

[[Page 11028]]

the request to the component(s) it believes most likely to have the 
requested records. Requests will be considered received for purposes of 
the 20-day time limit of Sec.  4.6 as of the date it is received by the 
proper component's FOIA office.
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    \1\ The United States Patent and Trademark Office (USPTO), which 
is established as an agency of the United States within the 
Department of Commerce, operates under its own FOIA regulations at 
37 CFR part 102, subpart A. Accordingly, requests for USPTO records, 
and any appeals thereof, should be sent directly to the USPTO.
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    (b) Requests for records about an individual or oneself. For 
requests for records about oneself, Sec.  4.24 of this part contains 
additional requirements. For requests for records about another 
individual, either written authorization signed by the individual 
permitting disclosure of his or her records to the requester or proof 
that the individual is deceased (for example, a copy of a death 
certificate or an obituary) will facilitate processing the request.
    (c) Description of records sought. A FOIA request must reasonably 
describe the agency records sought, to enable Department personnel to 
locate them with a reasonable amount of effort. Whenever possible, a 
request should include specific information about each record sought, 
such as the date, title or name, author, recipient, and subject matter 
of the record, and the name and location of the office where the record 
might be found. In addition, if records about a court case are sought, 
the title of the case, the court in which the case was filed, and the 
nature of the case should be included. If known, any file designations 
or descriptions of the requested records should be included. As a 
general rule, the more specifically the request describes the records 
sought, the greater the likelihood that the Department will be able to 
locate those records. Before submitting their requests, requesters may 
contact the component's FOIA contact to discuss the records they are 
seeking and to receive assistance in describing the records (contact 
information for these individuals is contained in Appendix A to this 
part and on the Department's Web site, http://www.doc.gov). If a 
component determines that a request does not reasonably describe the 
records sought, it shall inform the requester what additional 
information is needed or how the request is otherwise insufficient, to 
enable the requester to modify the request to meet the requirements of 
this section. Requesters who are attempting to reformulate or modify 
such a request may discuss their request with the component's 
designated FOIA contact. When a requester fails to provide sufficient 
detail after having been asked to reasonably describe the records 
sought, the component shall notify the requester in writing that the 
request has not been properly made, that no further action will be 
taken, and that the FOIA request is closed. In cases where a requester 
has modified his or her request, the date of receipt for purposes of 
the 20-day time limit of Sec.  4.6 shall be the date of receipt of the 
modified request.
0
6. Amend Sec.  4.5 by revising paragraphs (a) through (c) to read as 
follows:

Sec.  4.5  Responsibility for responding to requests.

    (a) In general. Except as stated in paragraph (b) of this section, 
the proper component of the Department to respond to a request for 
records is the component that first receives the request and has 
responsive records (or in the instance of where no records exist, the 
component that first receives the request and is likely to have 
responsive records), or the component to which the Departmental FOIA 
Officer or component FOIA Officer assigns lead responsibility for 
responding to the request. Where a component's FOIA office determines 
that a request was misdirected within the Department, the receiving 
component's FOIA office shall route the request to the FOIA office of 
the proper component(s). Records responsive to a request shall include 
those records within the Department's possession and control as of the 
date the Department begins its search for them.
    (b) Consultations and referrals. When a component receives a 
request for a record (or a portion thereof) in its possession that 
originated with another Federal agency subject to the FOIA, the 
component shall refer the record to that agency for direct response to 
the requester (see Sec.  4.8 for additional information about referrals 
of classified information). In instances where a record is requested 
that originated with the Department and another Federal agency has a 
significant interest in the record (or a portion thereof), the 
component shall consult with that Federal agency before responding to a 
requester. When a component receives a request for a record (or a 
portion thereof) in its possession that originated with another Federal 
agency that is not subject to the FOIA, the component shall consult 
with that Federal agency before responding to the requester.
    (c) Notice of referral. Whenever a component refers a record to 
another Federal agency for direct response to the requester, the 
component's FOIA Officer shall notify the requester in writing of the 
referral and inform the requester of the name of the agency to which 
the record was referred.
* * * * *
0
7. Amend Sec.  4.6 by redesignating paragraphs (c) through (f) as (d) 
through (g), revising paragraph (b) and newly redesignated paragraphs 
(d)(1) and (2), (e) and (f)(3), and adding new paragraph (c) to read as 
follows:

Sec.  4.6  Time limits and expedited processing.

* * * * *
    (b) Initial response and appeal. Unless the component and the 
requester have agreed otherwise, or when ``unusual circumstances'' 
exist as provided for in paragraph (d) of this section, a determination 
whether to comply with a FOIA request shall be made by components 
within 20 working days (i.e., excluding Saturdays, Sundays, and legal 
public holidays) of the receipt of a request for a record under this 
part by the proper component identified in accordance with Sec.  
4.5(a). In instances involving misdirected requests that are re-routed 
pursuant to Sec.  4.5(a), the response time shall commence on the date 
that the request is received by the proper component, but in any event 
not later than ten working days after the request is first received by 
any designated component. An administrative appeal, other than an 
appeal from a request made to the Office of the Inspector General, 
shall be decided within 20 working days of its receipt by the Office of 
the General Counsel. An administrative appeal from a request made to 
the Office of the Inspector General shall be decided within 20 working 
days of its receipt by the Office of the Inspector General Office of 
Counsel. The Department's failure to comply with the time limits 
identified in this paragraph constitutes exhaustion of the requester's 
administrative remedies for the purposes of judicial action to compel 
disclosure.
    (c) Clarification of request. Components may seek a one-time 
clarification of a request for a record (including clarification 
related to the scope of the request) under this part. The component 
shall notify the requester in writing of its clarification's 
intentions. When a component seeks clarification of a request, the time 
for responding to a request set forth in Sec.  4.6(b) is tolled until 
the requester responds to the clarification request. The tolling period 
will end when the component that sought the clarification receives a 
response from the requester. If a component asks for clarification and 
does not receive a written response from the requester within 30 
calendar days from the date of the component's clarification request, 
the component will presume that the requester is no longer interested 
and notify the requester that the request will be closed.
    (d) Unusual Circumstances. (1) Components may extend the time

[[Page 11029]]

period for processing a FOIA request only in ``unusual circumstances,'' 
as described in paragraph (d)(2) of this section, in which the 
component shall, before expiration of the twenty-day period to respond, 
notify the requester of the extension in writing of the unusual 
circumstances involved and of the date by which processing of the 
request is expected to be completed. If the extension is for more than 
ten working days, the component shall provide the requester with an 
opportunity to modify the request or agree to an alternative time 
period for processing the original or modified request.
    (2) For purposes of this section, unusual circumstances include:
    (i) The need to search for and collect the requested agency records 
from field facilities or other establishments that are separate from 
the office processing the request;
    (ii) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records that are the subject 
of a single request; or
    (iii) The need to consult with another Federal agency having a 
substantial interest in the determination of the FOIA request or among 
two or more components of the Department having substantial subject-
matter interest in the determination of the request.
* * * * *
    (e) Multi-track processing. (1) A component must use two or more 
processing tracks by distinguishing between simple and more complex 
requests based on the amount of work and/or time needed to process the 
request, including the amount of pages involved, and whether the 
request qualifies for expedited processing as described in paragraph 
(f) of this section.
    (2) A component using multi-track processing may provide requesters 
in its slower track(s) with an opportunity to limit the scope of their 
requests in order to qualify for faster processing. A component doing 
so shall contact the requester by telephone, email, letter, or through 
the FOIAonline Web site, http://foiaonline.regulations.gov, whichever 
is the most efficient in each case.
    (f) * * *
    (3) A requester who seeks expedited processing must submit a 
statement, certified to be true and correct to the best of that 
person's knowledge and belief, explaining in detail the basis for 
requesting expedited processing. For example, a requester within the 
category described in paragraph (f)(1)(iv) of this section, if not a 
full-time member of the news media, must establish that he or she is a 
person whose main professional activity or occupation is information 
dissemination, though it need not be his or her sole occupation. A 
requester within the category described in paragraph (f)(1)(iv) of this 
section must also establish a particular urgency to inform the public 
about the Government activity involved in the request--one that extends 
beyond the public's right to know about Government activity generally. 
The existence of numerous articles published on a given subject can be 
helpful to establishing the requirement that there be an ``urgency to 
inform'' the public on a topic. As a matter of administrative 
discretion, a component may waive the formal certification requirement.
* * * * *
0
8. Amend Sec.  4.7 by redesignating paragraphs (a) and (b) as (b) and 
(c), adding new paragraphs (a) and (d), and revising newly redesignated 
paragraphs (b) and (c) to read as follows:

Sec.  4.7  Responses to requests.

    (a) Acknowledgment of requests. Upon receipt of a request, a 
component ordinarily shall send an acknowledgement letter to the 
requester which shall provide an assigned request number for further 
reference and, if necessary, confirm whether the requester is willing 
to pay fees.
    (b) Grants of requests. If a component makes a determination to 
grant a request in whole or in part, it shall notify the requester in 
writing of such determination and disclose records to the requester 
promptly upon payment of any applicable fees. Records disclosed in part 
shall be marked or annotated to show the applicable FOIA exemption(s) 
and the amount of information deleted, unless doing so would harm an 
interest protected by an applicable exemption. The location of the 
information deleted shall also be indicated on the record, if feasible.
    (c) Adverse determinations of requests. If a component makes an 
adverse determination regarding a request, it shall notify the 
requester of that determination in writing. An adverse determination is 
a denial of a request and includes decisions that: the requested record 
is exempt, in whole or in part; the request does not reasonably 
describe the records sought; the information requested is not a record 
subject to the FOIA; the requested record does not exist, cannot be 
located, or has previously been destroyed; or the requested record is 
not readily reproducible in the form or format sought by the requester. 
Adverse determinations also include denials involving fees or fee 
waiver matters or denials of requests for expedited processing.
    (d) Content of denial. The denial letter shall be signed by an 
official listed in Appendix B to this part (or a designee), and shall 
include:
    (1) The name and title or position of the person responsible for 
the denial;
    (2) A brief statement of the reason(s) for the denial, including 
any FOIA exemption(s) applied by the component in denying the request;
    (3) An estimate of the volume of any records or information 
withheld, by providing the number of pages or some other reasonable 
form of estimation. This estimate is not required if the volume is 
otherwise indicated by deletions marked on records that are disclosed 
in part, or if providing an estimate would harm an interest protected 
by an applicable FOIA exemption; and
    (4) A statement that the denial may be appealed under Sec.  4.10 of 
this subpart, and a list of the requirements for filing an appeal set 
forth in Sec.  4.10(b).
0
9. Amend Sec.  4.8 by revising it to read as follows:

Sec.  4.8  Classified information.

    In processing a request for information classified under Executive 
Order 13526 or any other executive order concerning the classification 
of records, the information shall be reviewed to determine whether it 
should remain classified. Ordinarily the component or other Federal 
agency that classified the information should conduct the review, 
except that if a record contains information that has been derivatively 
classified by a component because it contains information classified by 
another component or agency, the component shall refer the 
responsibility for responding to the request to the component or agency 
that classified the underlying information. Information determined to 
no longer require classification shall not be withheld on the basis of 
FOIA exemption (b)(1) (5 U.S.C. 552(b)(1)), but should be reviewed to 
assess whether any other FOIA exemption should be invoked. Appeals 
involving classified information shall be processed in accordance with 
Sec.  4.10(c).
0
10. Amend Sec.  4.9 by revising paragraphs (c), (h) and (j) to read as 
follows:

Sec.  4.9  Business information.

* * * * *
    (c) Designation of business information. A submitter of business

[[Page 11030]]

information must use good-faith efforts to designate, by appropriate 
markings, either at the time of submission or at a reasonable time 
thereafter, any portions of its submission that it considers to be 
protected from disclosure under FOIA exemption (b)(4) of this section. 
These designations will expire ten years after the date of the 
submission unless the submitter requests, and provides justification 
for, a longer period.
* * * * *
    (h) Exceptions to notice requirements. The notice requirements of 
paragraphs (d) and (g) of this section shall not apply if:
    (1) The component determines that the information is exempt under a 
FOIA exemption, other than exemption (b)(4);
    (2) The information has been lawfully published or has been 
officially made available to the public;
    (3) Disclosure of the information is required by statute (other 
than the FOIA) or by a regulation issued in accordance with Executive 
Order 12600; or
    (4) The designation made by the submitter under paragraph (c) of 
this section appears obviously frivolous, except that, in such a case, 
the component shall provide the submitter written notice of any final 
decision to disclose the information seven working days from the date 
the submitter receives the notice.
* * * * *
    (j) Corresponding notice to requester. Whenever a component 
provides a submitter with notice and an opportunity to object to 
disclosure under paragraph (d) of this section, the component shall 
notify the requester that the request is being processed under the 
provisions of this regulation and, as a consequence, there may be a 
delay in receiving a response. The notice to the requester will not 
include any of the specific information contained in the records being 
requested. Whenever a submitter files a lawsuit seeking to prevent the 
disclosure of business information, the component shall notify the 
requester of such action and, as a consequence, there may be further 
delay in receiving a response.
* * * * *
0
11. Amend Sec.  4.10 by revising paragraphs (a) through (c) to read as 
follows:

Sec.  4.10  Appeals from initial determinations or untimely delays.

    (a)(1) If a request for records to a component other than the 
Office of Inspector General is initially denied in whole or in part, or 
has not been timely determined, or if a requester receives an adverse 
determination regarding any other matter listed under this subpart (as 
described in Sec.  4.7(c)), the requester may file an appeal. Appeals 
can be submitted in writing or electronically, as described in 
paragraph (b)(1) of this section. The appeal must be received by the 
Office of the General Counsel during normal business hours (8:30 a.m. 
to 5:00 p.m., Eastern Time, Monday through Friday) within 30 calendar 
days of the date of the written denial of the adverse determination or, 
if there has been no determination, an appeal may be submitted any time 
after the due date, including the last extension under Sec.  4.6(d), of 
the adverse determination. Written or electronic appeals arriving after 
normal business hours will be deemed received on the next normal 
business day. If the 30th calendar day falls on a Saturday, Sunday, or 
a legal public holiday, an appeal received by 5:00 p.m., Eastern Time, 
the next business day will be deemed timely. Appeals received after the 
30-day limit will not be considered.
    (2) If a request for records to the Office of Inspector General is 
initially denied in whole or in part, or has not been timely 
determined, or if a requester receives an adverse determination 
regarding any other matter listed under this subpart (as described in 
Sec.  4.7(c)), the requester may file an appeal. Appeals can be 
submitted in writing or electronically, as described in paragraph 
(b)(2) of this section. The appeal must be received by the Office of 
Inspector General, Office of Counsel, during normal business hours 
(8:30 a.m. to 5:00 p.m., Eastern Time, Monday through Friday) within 30 
calendar days of the date of the written denial of the adverse 
determination or, if there has been no determination, an appeal may be 
submitted any time after the due date, including the last extension 
under Sec.  4.6(d), of the adverse determination. Written or electronic 
appeals arriving after normal business hours will be deemed received on 
the next normal business day. If the 30th calendar day falls on a 
Saturday, Sunday, or a legal public holiday, an appeal received by 5:00 
p.m., Eastern Time, the next business day will be deemed timely. 
Appeals received after the 30-day limit will not be considered.
    (b)(1) Appeals, other than appeals from requests made to the Office 
of Inspector General, shall be decided by the Assistant General Counsel 
for Administration (AGC-Admin), except that appeals for records which 
were initially denied by the AGC-Admin shall be decided by the General 
Counsel. Written appeals should be addressed to the AGC-Admin, or the 
General Counsel if the records were initially denied by the AGC-Admin. 
The address of both is: U.S. Department of Commerce, Office of the 
General Counsel, Room 5875, 14th and Constitution Avenue NW., 
Washington, DC 20230. An appeal may also be sent via facsimile at 202-
482-2552. For a written appeal, both the letter and the appeal envelope 
should be clearly marked ``Freedom of Information Act Appeal.'' Appeals 
may also be submitted electronically either by email to 
FOIAAppeals@doc.gov or online at the FOIAonline Web site, http://foiaonline.regulations.gov, if requesters have a FOIAonline account. In 
all cases, the appeal (written or electronic) must include a copy of 
the original request and initial denial, if any. All appeals must 
include a statement of the reasons why the records requested should be 
made available and why the adverse determination was in error. No 
opportunity for personal appearance, oral argument or hearing on appeal 
is provided. Upon receipt of an appeal, AGC-Admin, or the General 
Counsel if the records were initially denied by AGC-Admin, ordinarily 
shall send an acknowledgement letter to the requester which shall 
confirm receipt of the requester's appeal.
    (2) Appeals of initial and untimely determinations by the Office of 
Inspector General shall be decided by the Counsel to the Inspector 
General, except that appeals for records which were initially denied by 
the Counsel to the Inspector General shall be decided by the Deputy 
Inspector General. Written appeals should be addressed to the Counsel 
to the Inspector General, or the Deputy Inspector General if the 
records were initially denied by the Counsel to the Inspector General. 
The address of both is: U.S. Department of Commerce, Office of Counsel, 
Room 7898C, 14th and Constitution Avenue NW., Washington, DC 20230. An 
appeal may also be sent via facsimile at 202-501-7335. For a written 
appeal, both the letter and the appeal envelope should be clearly 
marked ``Freedom of Information Act Appeal.'' Appeals may also be 
submitted electronically either by email to /oig.doc.gov">oig.doc.gov">FOIA@oig.doc.gov or online 
at the FOIAonline Web site, http://foiaonline.regulations.gov, if 
requesters have a FOIAonline account. In all cases, the appeal (written 
or electronic) must include a copy of the original request and initial 
denial, if any. All appeals must include a statement of the reasons why 
the records requested should be made available and why the adverse 
determination was in error. No

[[Page 11031]]

opportunity for personal appearance, oral argument or hearing on appeal 
is provided. Upon receipt of an appeal, the Counsel to the Inspector 
General, or the Deputy Inspector General if the records were initially 
denied by the Counsel to the Inspector General, ordinarily shall send 
an acknowledgement letter to the requester which shall confirm receipt 
of the requester's appeal.
    (c) Upon receipt of an appeal involving records initially denied on 
the basis of FOIA exemption (b)(1), the records shall be forwarded to 
the Deputy Assistant Secretary for Security (DAS) for a 
declassification review. The DAS may overrule previous classification 
determinations in whole or in part if continued protection in the 
interest of national security is no longer required, or no longer 
required at the same level. The DAS shall advise the AGC-Admin, the 
General Counsel, Counsel to the Inspector General, or Deputy Inspector 
General, as appropriate, of his or her decision.
0
12. Amend Sec.  4.11 by:
0
a. Revising paragraphs (a), (b)(2)-(4), (b)(6) and (7), (c)(2), 
(c)(3)(ii), (c)(4), (d)(1) and paragraph (i);
0
b. Adding subparagraphs (1) and (2) to paragraph (e);
0
c. Redesignating paragraphs (j) and (k) as (k) and (l); and
0
d. Adding a new paragraph (j).
    The changes to read as follows:

Sec.  4.11  Fees.

    (a) In general. Components shall charge fees for processing 
requests under the FOIA in accordance with paragraph (c) of this 
section, except where fees are limited under paragraph (d) of this 
section or when a waiver or reduction is granted under paragraph (k) of 
this section. A component shall collect all applicable fees before 
processing a request if a component determines that advance payment is 
required in accordance with paragraphs (i)(2) and (i)(3) of this 
section. If advance payment of fees is not required, a component shall 
collect all applicable fees before sending copies of requested records 
to a requester. Requesters must pay fees by check or money order made 
payable to the Treasury of the United States.
* * * * *
    (b)(2) Direct costs means those expenses a component incurs in 
searching for and duplicating (and, in the case of commercial use 
requests, reviewing) records to respond to a FOIA request. Direct costs 
include, for example, the salary of the employee performing the work 
(the basic rate of pay for the employee, plus 16% of that rate to cover 
benefits) and the cost of operating computers and other electronic 
equipment, such as photocopiers and scanners. Direct costs do not 
include overhead expenses such as the costs of space, heating, or 
lighting of the facility in which the service is performed.
    (3) Duplication means the making of a copy of a record, or of the 
information contained in it, necessary to respond to a FOIA request. 
Copies may take the form of paper, microform, audiovisual materials, or 
electronic records, among others. A component shall honor a requester's 
specified preference of form or format of disclosure if the record is 
readily reproducible with reasonable efforts in the requested form or 
format.
    (4) Educational institution means a preschool, a public or private 
elementary or secondary school, an institution of undergraduate higher 
education, an institution of graduate higher education, an institution 
of professional education, or an institution of vocational education, 
that operates a program of scholarly research. A requester in this fee 
category must show that the request is authorized by, and is made under 
the auspices of, an educational institution and that the records are 
not sought for a commercial use, but rather are sought to further 
scholarly research. To fall within this fee category, a request must 
serve the scholarly research goal of the institution rather than an 
individual research goal.
    Example 1. A request from a professor of geology at a university 
for records relating to soil erosion, written on letterhead of the 
Department of Geology, would be presumed to be from an educational 
institution.
    Example 2. A request from the same professor of geology seeking 
drug information from the Food and Drug Administration in furtherance 
of a murder mystery he is writing would not be presumed to be an 
institutional request, regardless of whether it was written on 
institutional letterhead.
    Example 3. A student who makes a request in furtherance of the 
completion of a course of instruction would be presumed to be carrying 
out an individual research goal, rather than a scholarly research goal 
of the institution, and would not qualify as part of this fee category.
* * * * *
    (6) Representative of the news media, or news media requester, 
means any person or entity organized and operated to publish or 
broadcast news to the public that actively gathers information of 
potential interest to a segment of the public, uses its editorial 
skills to turn the raw materials into a distinct work, and distributes 
that work to an audience. The term ``news'' means information that is 
about current events or that would be of current interest to the 
public. Examples of news-media entities are television or radio 
stations broadcasting to the public at-large and publishers of 
periodicals that disseminate ``news'' and make their products available 
through a variety of means to the general public including news 
organizations that disseminate solely on the Internet. To be in this 
category, a requester must not be seeking the requested records for a 
commercial use. A request for records that supports the news-
dissemination function of the requester shall not be considered to be 
for a commercial use. A freelance journalist shall be regarded as 
working for a news-media entity if the journalist can demonstrate a 
solid basis for expecting publication through that entity, whether or 
not the journalist is actually employed by the entity. A publication 
contract would be the clearest proof, but components shall also look to 
the past publication record of a requester in making this 
determination. A component's decision to grant a requester media status 
will be made on a case-by-case basis based upon the requester's 
intended use of the material.
    (7) Review means the examination of a record located in response to 
a request in order to determine whether any portion of it is exempt 
from disclosure. Review time includes processing any record for 
disclosure, such as doing all that is necessary to prepare the record 
for disclosure, including the process of redacting it and marking any 
applicable exemptions. Review costs are recoverable even if a record 
ultimately is not disclosed. Review time includes time spent obtaining 
and considering any formal objection to disclosure made by a business 
submitter under Sec.  4.9, but does not include time spent resolving 
general legal or policy issues regarding the application of exemptions.
* * * * *
    (c) * * *
    (2) Uniform fee schedule.

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

[[Page 11032]]

 
(ii) Computerized search...............  Actual direct cost, including
                                          operator time.
(iii) Review of records................  Actual salary rate of employee
                                          conducting review, plus 16
                                          percent of salary rate.
(iv) Duplication of records:
    (A) Paper copy reproduction........  $.16 per page
    (B) Other reproduction (e.g.,        Actual direct cost, including
     converting paper into an             operator time.
     electronic format (e.g.,
     scanning), computer disk or
     printout, or other electronically-
     formatted reproduction (e.g.,
     uploading records made available
     to the requester into
     FOIAonline)).
------------------------------------------------------------------------

* * * * *
    (3) * * *
    (ii) For computer searches of records, requesters will be charged 
the direct costs of conducting the search, although certain requesters 
(as provided in paragraph (d)(1) of this section) will be charged no 
search fee and certain other requesters (as provided in paragraph 
(d)(3) of this section) are entitled to the cost equivalent of two 
hours of manual search time without charge. These direct costs will 
include the cost of operating a central processing unit for that 
portion of operating time that is directly attributable to search for 
responsive records, as well as the costs of the operator/programmer 
salary apportionable to the search.
    (4) Duplication. Duplication fees shall be charged to all 
requesters, subject to the limitations of paragraph (d) of this 
section. A component shall honor a requester's preference for receiving 
a record in a particular form or format where it is readily producible 
by the component in the form or format requested. For either a 
photocopy or a computer-generated printout of a record (no more than 
one copy of which need be supplied), the fee shall be $.16 per page. 
Requesters may reduce costs by specifying double-sided duplication, 
except where this is technically not feasible. For electronic forms of 
duplication, other than a computer-generated printout, components will 
charge the direct costs of that duplication. Such direct costs will 
include the costs of the requested electronic medium on which the copy 
is to be made and the actual operator time and computer resource usage 
required to produce the copy, to the extent they can be determined.
* * * * *
    (d) * * *. (1) No search fees shall be charged for requests from 
educational institutions, non-commercial scientific institutions, or 
representatives of the news media.
* * * * *
    (6) No search fees shall be charged to a FOIA requester when a 
component does not comply with the statutory time limits at 5 U.S.C. 
552(a)(6) in which to respond to a request, unless unusual or 
exceptional circumstances (as those terms are defined by the FOIA) 
apply to the processing of the request.
    (7) No duplication fees shall be charged to requesters in the fee 
category of a representative of the news media or an educational or 
noncommercial scientific institution when a component does not comply 
with the statutory time limits at 5 U.S.C. 552(a)(6) in which to 
respond to a request, unless unusual or exceptional circumstances (as 
those terms are defined by the FOIA) apply to the processing of the 
request.
* * * * *
    (e) Notice of anticipated fees in excess of $20.00. (1) When a 
component determines or estimates that the fees for processing a FOIA 
request will total more than $20.00 or total more than the amount the 
requester indicated a willingness to pay, the component shall notify 
the requester of the actual or estimated amount of the fees, unless the 
requester has stated in writing a willingness to pay fees as high as 
those anticipated. If only a portion of the fee can be estimated 
readily, the component shall advise the requester that the estimated 
fee may be only a portion of the total fee. A notice under this 
paragraph shall offer the requester an opportunity to discuss the 
matter with Departmental personnel in order to modify the request in an 
effort to meet the requester's needs at a lower cost.
    (2) When a requester has been notified that the actual or estimated 
fees will amount to more than $20.00, or amount to more than the amount 
the requester indicated a willingness to pay, the component will do no 
further work on the request until the requester agrees in writing to 
pay the actual or estimated total fee. The component will toll the 
processing of the request while it notifies the requester of the actual 
or estimated amount of fees and this time will be excluded from the 
twenty (20) working day time limit (as specified in section 4.6(b)). 
The requester's agreement to pay fees must be made in writing, must 
designate an exact dollar amount the requester is willing to pay, and 
must be received within 30 calendar days from the date of the 
notification of the fee estimate. If the requester fails to submit an 
agreement to pay the anticipated fees within 30 calendar days from the 
date of the component's fee notice, the component will presume that the 
requester is no longer interested and notify the requester that the 
request will be closed.
* * * * *
    (i)(1) Advance payments. For requests other than those described in 
paragraphs (i)(2) and (3) of this section, a component shall not 
require the requester to make an advance payment (i.e., a payment made 
before a component begins to process or continues work on a request). 
Payment owed for work already completed (i.e., a pre-payment before 
copies of responsive records are sent to a requester) is not an advance 
payment.
    (2) When a component determines or estimates that the total fee for 
processing a FOIA request will be $250.00 or more, the component shall 
notify the requester of the actual or estimated fee and require the 
requester to make an advance payment of the entire anticipated fee 
before beginning to process the request. A notice under this paragraph 
shall offer the requester an opportunity to discuss the matter with 
Departmental personnel in order to modify the request in an effort to 
meet the requester's needs at a lower cost.
    (3) When a requester has previously failed to pay a properly 
charged FOIA fee to any component or other Federal agency within 30 
calendar days of the date of billing, the component shall notify the 
requester that he or she is required to pay the full amount due, plus 
any applicable interest, and to make an advance payment of the full 
amount of any anticipated fee, before the component begins to process a 
new request or continues to process a pending request from that 
requester. A notice under this paragraph shall offer the requester an 
opportunity to discuss the matter with Departmental personnel in order 
to modify the request in an effort to meet the requester's needs at a 
lower cost.

[[Page 11033]]

    (4) When the component requires advance payment or payment due 
under paragraphs (i)(2) and (i)(3) of this section, the component will 
not further process the request until the required payment is made. The 
component will toll the processing of the request while it notifies the 
requester of the advanced payment due and this time will be excluded 
from the twenty (20) working day time limit (as specified in section 
4.6(b)). If the requester does not pay the advance payment within 30 
calendar days from the date of the component's fee notice, the 
component will presume that the requester is no longer interested and 
notify the requester that the request will be closed.
    (j) Tolling. When necessary for the component to clarify issues 
regarding fee assessment with the FOIA requester, the time limit for 
responding to the FOIA request is tolled until the component resolves 
such issues with the requester.
* * * * *
0
13. Amend Sec.  4.25 by revising paragraph (g)(1) to read as follows:

Sec.  4.25  Disclosure of requested records to individuals.

* * * * *
    (g) * * * (1) Grounds. Access by an individual to a record that 
pertains to that individual will be denied only upon a determination by 
the Privacy Officer that:
    (i) The record is exempt under Sec.  4.33 or 4.34, or exempt by 
determination of another agency publishing notice of the system of 
records, as described in Sec.  4.23(f);
    (ii) The record is information compiled in reasonable anticipation 
of a civil action or proceeding;
    (iii) The provisions of Sec.  4.26 pertaining to medical records 
have been invoked; or
    (iv) The individual unreasonably has failed to comply with the 
procedural requirements of this part.
* * * * *
0
14. Revise Sec.  4.26 to read as follows:

Sec.  4.26  Special procedures: Medical records.

    When a request for access involves medical or psychological 
records, the records will be reviewed by the Department's medical 
officer for a determination on whether disclosure would be harmful to 
the individual to whom they relate. If it is determined that disclosure 
would be harmful, the Department may refuse to disclose the records 
directly to the requester but shall transmit them to a doctor 
authorized in writing by the individual to whom the records relate to 
receive the documents.
    If an individual refuses to provide written authorization to 
release his or her medical records to a doctor, barring any applicable 
exemption, the Department shall give the individual access to his or 
her records by means of a copy, provided without cost to the requester, 
sent registered mail, return receipt requested.
0
15. Amend Sec.  4.28 by revising paragraph (a)(1)(ii) and (a)(2) to 
read as follows:

Sec.  4.28  Agency review of requests for correction or amendment.

* * * * *
    (a) * * *
    (1) * * *
    (ii) If the Privacy Officer fails to send the acknowledgment within 
ten working days, as provided in paragraph (a)(1)(i) of this section, 
the requester may ask the Assistant General Counsel for Administration, 
or in the case of a request to the Office of the Inspector General, the 
Counsel to the Inspector General, to take corrective action. No failure 
of a Privacy Officer to send an acknowledgment shall confer 
administrative finality for purposes of judicial review.
    (2) Promptly after acknowledging receipt of a request, or after 
receiving such further information as might have been requested, or 
after arriving at a decision within the ten working days, the Privacy 
Officer shall either:
    (i) Make the requested correction or amendment and advise the 
individual in writing of such action, providing either a copy of the 
corrected or amended record or, in cases in which a copy cannot be 
provided, a statement as to the means by which the correction or 
amendment was effected; or
    (ii) Inform the individual in writing that his or her request is 
denied and provide the following information:
    (A) The Privacy Officer's name and title or position;
    (B) The date of the denial;
    (C) The reasons for the denial, including citation to the 
appropriate sections of the Act and this subpart; and
    (D) The procedures for appeal of the denial as set forth in Sec.  
4.29, including the address of the Assistant General Counsel for 
Administration, or in the case of a request to the Office of the 
Inspector General, the address of the Counsel to the Inspector General.
* * * * *
0
16. Amend Sec.  4.29 by revising paragraphs (a), (b), (c), (e), the 
introductory text to (g),(g)(1), (h), and (i) to read as follows:

Sec.  4.29  Appeal of initial adverse agency determination on 
correction or amendment.

    (a) If a request for correction or amendment is denied initially 
under Sec.  4.28, the individual may submit a written appeal within 
thirty calendar days of the date of the initial denial. The appeal must 
be received by the General Counsel, or by the Counsel to the Inspector 
General in the case of an appeal of an initial adverse determination by 
the Office of Inspector General, during normal business hours (8:30 
a.m. to 5:00 p.m., Eastern Time, Monday through Friday) within 30 
calendar days of the date of the initial denial. Appeals arriving after 
normal business hours will be deemed received on the next normal 
business day. If the 30th calendar day falls on a Saturday, Sunday, or 
a legal public holiday, an appeal received by 5:00 p.m., Eastern Time, 
the next business day will be deemed timely.
    (b)(1) An appeal from a request to a component other than the 
Office of the Inspector General should be addressed to the Assistant 
General Counsel for Administration, U.S. Department of Commerce, Room 
5875, 14th and Constitution Avenue NW., Washington, DC 20230. An appeal 
should include the words ``Privacy Act Appeal'' at the top of the 
letter and on the face of the envelope. An appeal not addressed and 
marked as provided herein will be so marked by Department personnel 
when it is so identified, and will be forwarded immediately to the 
Assistant General Counsel for Administration. An appeal which is not 
properly addressed by the individual will not be deemed to have been 
``received'' for purposes of measuring the time periods in this section 
until actual receipt by the Assistant General Counsel for 
Administration. In each instance when an appeal so forwarded is 
received, the Assistant General Counsel for Administration shall notify 
the individual that his or her appeal was improperly addressed and the 
date on which the appeal was received at the proper address.
    (2) An appeal of an initial adverse determination on correction or 
amendment by the Office of Inspector General should be addressed to the 
Counsel to the Inspector General, U.S. Department of Commerce, Room 
7898C, 14th and Constitution Avenue NW., Washington, DC 20230. An 
appeal should include the words ``Privacy Act Appeal'' at the top of 
the letter and on the face of the envelope. An appeal not addressed and 
marked as provided herein will be so marked by Department personnel 
when it is so identified, and will be forwarded immediately to the

[[Page 11034]]

Counsel to the Inspector General. An appeal which is not properly 
addressed by the individual will not be deemed to have been 
``received'' for purposes of measuring the time periods in this section 
until actual receipt by the Counsel to the Inspector General. In each 
instance when an appeal so forwarded is received, the Counsel to the 
Inspector General shall notify the individual that his or her appeal 
was improperly addressed and the date on which the appeal was received 
at the proper address.
    (c) The individual's appeal shall be signed by the individual, and 
shall include a statement of the reasons for why the initial denial is 
believed to be in error, and the Department's control number assigned 
to the request. The Privacy Act Officer who issued the initial denial 
shall furnish to the Assistant General Counsel for Administration, or 
in the case of an initial denial by the Office of the Inspector 
General, to the Counsel to the Inspector General, the record(s) the 
individual requests to be corrected or amended, and all correspondence 
between the Privacy Officer and the requester. Although the foregoing 
normally will comprise the entire record on appeal, the Assistant 
General Counsel for Administration, or in the case of an initial denial 
by the Office of the Inspector General, the Counsel to the Inspector 
General, may seek any additional information necessary to ensure that 
the final determination is fair and equitable and, in such instances, 
disclose the additional information to the individual to the greatest 
extent possible, and provide an opportunity for comment thereon.
* * * * *
    (e) The Assistant General Counsel for Administration, or in the 
case of an initial denial by the Office of the Inspector General, the 
Counsel to the Inspector General, shall act upon the appeal and issue a 
final determination in writing not later than thirty working days 
(i.e., excluding Saturdays, Sundays and legal public holidays) from the 
date on which the appeal is received, except that the Assistant General 
Counsel for Administration, or in the case of an initial denial by the 
Office of the Inspector General, the Counsel to the Inspector General, 
may extend the thirty days upon deciding that a fair and equitable 
review cannot be made within that period, but only if the individual is 
advised in writing of the reason for the extension and the estimated 
date by which a final determination will be issued. The estimated date 
should not be later than the sixtieth day after receipt of the appeal 
unless unusual circumstances, as described in Sec.  4.25(a), are met.
* * * * *
    (g) If the appeal is denied, the final determination shall be 
transmitted promptly to the individual and state the reasons for the 
denial. The notice of final determination shall inform the individual 
that:
    (1) The individual has a right under the Act to file with the 
Assistant General Counsel for Administration, or in the case of an 
initial denial by the Office of the Inspector General, the Counsel to 
the Inspector General, a concise statement of reasons for disagreeing 
with the final determination. The statement ordinarily should not 
exceed one page and the Department reserves the right to reject an 
excessively lengthy statement. It should provide the Department control 
number assigned to the request, indicate the date of the final 
determination and be signed by the individual. The Assistant General 
Counsel for Administration, or in the case of an initial denial by the 
Office of the Inspector General, the Counsel to the Inspector General, 
shall acknowledge receipt of such statement and inform the individual 
of the date on which it was received;
* * * * *
    (h) In making the final determination, the Assistant General 
Counsel for Administration, or in the case of an initial denial by the 
Office of the Inspector General, the Counsel to the Inspector General, 
shall employ the criteria set forth in Sec.  4.28(c) and shall deny an 
appeal only on grounds set forth in Sec.  4.28(e).
    (i) If an appeal is partially granted and partially denied, the 
Assistant General Counsel for Administration, or in the case of an 
initial denial by the Office of the Inspector General, the Counsel to 
the Inspector General, shall follow the appropriate procedures of this 
section as to the records within the grant and the records within the 
denial.
0
17. Amend Sec.  4.33 by revising paragraph (b) introductory text and 
(b)(1) to read as follows:

Sec.  4.33  General exemptions.

* * * * *
    (b) The general exemptions determined to be necessary and proper 
with respect to systems of records maintained by the Department, 
including the parts of each system to be exempted, the provisions of 
the Act from which they are exempted, and the justification for the 
exemption, are as follows:
    (1) Individuals identified in Export Transactions--COMMERCE/BIS-1. 
Pursuant to 5 U.S.C. 552a(j)(2), these records are hereby determined to 
be exempt from all provisions of the Act, except 5 U.S.C. 552a(b), 
(c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and 
(11), and (i). These exemptions are necessary to ensure the proper 
functioning of the law enforcement activity, to protect confidential 
sources of information, to fulfill promises of confidentiality, to 
maintain the integrity of the law enforcement process, to avoid 
premature disclosure of the knowledge of criminal activity and the 
evidentiary bases of possible enforcement actions, to prevent 
interference with law enforcement proceedings, to avoid disclosure of 
investigative techniques, and to avoid endangering law enforcement 
personnel. Section 12(c) of the Export Administration Act of 1979, as 
amended, also protects this information from disclosure.
* * * * *
0
18. Amend Sec.  4.34 by revising paragraphs (a)(1), (b) introductory 
text, (b)(2)(i), (b)(3)(i) and (b)(4)(i) to read as follows:

Sec.  4.34  Specific exemptions.

    (a)(1) Certain systems of records under the Act that are maintained 
by the Department may occasionally contain material subject to 5 U.S.C. 
552a(k)(1), relating to national defense and foreign policy materials. 
The systems of records published in the Federal Register by the 
Department that are within this exemption are:

COMMERCE/BIS-1, COMMERCE/ITA-2, COMMERCE/ITA-3, COMMERCE/NOAA-11, 
COMMERCE-PAT-TM-4, COMMERCE/DEPT-12, COMMERCE/DEPT-13, and COMMERCE/
DEPT-14.
* * * * *
    (b) The specific exemptions determined to be necessary and proper 
with respect to systems of records maintained by the Department, 
including the parts of each system to be exempted, the provisions of 
the Act from which they are exempted, and the justification for the 
exemption, are as follows:
* * * * *
    (2)(i) Exempt under 5 U.S.C. 552a(k)(2). The systems of records 
exempt (some only conditionally), the sections of the Act from which 
exempted, and the reasons therefor are as follows:
    (A) Individuals identified in Export Administration compliance 
proceedings or investigations--COMMERCE/BIS-1, but only on condition 
that the general

[[Page 11035]]

exemption claimed in Sec.  4.33(b)(1) is held to be invalid;
* * * * *
    (3)(i) Exempt under 5 U.S.C. 552a(k)(4). The systems of records 
exempt, the sections of the Act from which exempted, and the reasons 
therefor are as follows:
    (A) Special Censuses, Surveys, and Other Studies--COMMECE/CENSUS-3;
    (B) Economic Survey Collection--COMMERCE/CENSUS-4;
    (C) Decennial Census Program--COMMERCE/CENSUS-5;
    (D) Population Census Records for 1910 & All Subsequent Decennial 
Census--COMMERCE/CENSUS-6;
    (E) Other Agency Surveys & Reimbursable--COMMERCE/CENSUS-7;
    (F) Statistical Administrative Records System--COMMERCE/CENSUS-8;
    (G) Longitudinal Employer-Household Dynamics System--COMMERCE/
CENSUS-9; and
    (H) Foreign Trade Statistics--COMMERCE/CENSUS-12.
* * * * *
    (4)(i) Exempt under 5 U.S.C. 552a(k)(5). The systems of records 
exempt (some only conditionally), the sections of the Act from which 
exempted, and the reasons therefor are as follows:
    (A) Applications to U.S. Merchant Marine Academy (USMMA)--COMMERCE/
MA-1;
    (B) USMMA Midshipman Medical Files--COMMERCE/MA-17;
    (C) USMMA Midshipman Personnel Files--COMMERCE/MA-18;
    (D) USMMA Non-Appropriated Fund Employees--COMMERCE/MA-19;
    (E) Applicants for the NOAA Corps--COMMERCE/NOAA-1;
    (F) Commissioned Officer Official Personnel Folders--COMMERCE/NOAA-
3;
    (G) Conflict of Interest Records, Appointed Officials--COMMERCE/
DEPT-3
    (H) Investigative and Inspection Records--COMMERCE/DEPT-12, but 
only on condition that the general exemption claimed in Sec.  
4.33(b)(3) is held to be valid;
    (I) Investigative Records--Persons Within the Investigative 
Jurisdiction of the Department--COMMERCE/DEPT-13; and
    (J) Litigation, Claims, and Administrative Proceeding Records--
COMMERCE/DEPT-14.
* * * * *
0
19. Revise Appendix A to Part 4 to read as follows:

Appendix A to Part 4--Freedom of Information Public Inspection 
Facilities, and Addresses for Requests for Records Under the Freedom of 
Information Act and Privacy Act, and Requests for Correction or 
Amendment Under the Privacy Act

    Each address listed below is the respective component's mailing 
address for receipt and processing of requests for records under the 
Freedom of Information Act and Privacy Act, for requests for 
correction or amendment under the Privacy Act and, unless otherwise 
noted, its public inspection facility for records available to the 
public under the Freedom of Information Act. Requests should be 
addressed to the component the requester knows or has reason to 
believe has possession of, control over, or primary concern with the 
records sought. Otherwise, requests should be addressed to the 
Departmental FOIA Office identified in subparagraph (1), below. The 
telephone and facsimile numbers for each component are included 
after its address, as well as email addresses for components that 
maintain an email address for the purposes of receiving of FOIA and 
Privacy Act requests. Records of components that are required to be 
made publicly available are available electronically either through 
the Department's ``Electronic FOIA Library'' on the Department's Web 
site, http://www.doc.gov, as described in Sec.  4.2(a), or the 
component's separate online Electronic FOIA Library as indicated 
below. Components that maintain a public inspection facility are 
designated as such below. These public inspection facilities records 
are open to the public Monday through Friday (i.e., excluding 
Saturdays, Sundays, and legal public holidays) between 9:00 a.m. and 
4:00 p.m. local time of the facility at issue. The Departmental 
Freedom of Information Act Officer is authorized to revise this 
appendix to reflect changes in the information contained in it. Any 
such revisions shall be posted on the Department's ``FOIA Home 
Page'' link found at the Department's Web site, http://www.doc.gov.
    (1) U.S. Department of Commerce, Office of Privacy and Open 
Government, Departmental FOIA Office, 14th and Constitution Avenue 
NW., Mail Stop A300, Washington, DC 20230; Phone: (202) 482-3258; 
Fax: (202) 482-0827; Email: EFoia@doc.gov; FOIAonline: http://foiaonline.regulations.gov. This component maintains an online 
Electronic FOIA Library through the Department's Web site, http://www.doc.gov. This online Electronic FOIA Library serves the Office 
of the Secretary, all other components of the Department not 
identified below, and those components identified below that do not 
have separate online Electronic FOIA Libraries.
    (2) Bureau of the Census, Policy Coordination Office, U.S. 
Department of Commerce, Room 8H027, 4600 Silver Hill Road, Suitland, 
Maryland 20233; Ph.: (301) 763-6440; Fax: (301) 763-6239 (ATTN.: 
FOIA Office); Email: cemsus.efoia@census.gov; FOIAonline: http://foiaonline.regulations.gov. This component maintains a separate 
online Electronic FOIA Library through its Web site, http://www.census.gov.
    (3) Bureau of Economic Analysis/Economic and Statistics 
Administration, Office of the Under Secretary for Economic Affairs, 
U.S. Department of Commerce, 14th and Constitution Avenue NW., Mail 
Stop H4836, Washington, DC 20230; Ph.: (202) 482-5997; Fax: (202) 
482-2889; Email: EFOIAESA@doc.gov; FOIAonline: http://foiaonline.regulations.gov. This component maintains a separate 
online Electronic FOIA Library through its Web site, http://www.esa.doc.gov.
    (4) Bureau of Industry and Security, Office of Administration, 
U.S. Department of Commerce, 14th and Constitution Avenue NW., Mails 
Stop H6622, Washington, DC 20230; Ph.: (202) 482-0953; Fax: (202) 
482-0326; Email: efoiarequest@bis.doc.gov; FOIAonline: http://foiaonline.regulations.gov. This component maintains a separate 
online Electronic FOIA Library through its Web site, http://www.bis.doc.gov.
    (5) Economic Development Administration, Office of the Chief 
Counsel, U.S. Department of Commerce, 14th and Constitution Avenue 
NW., Room 7325, Washington, DC 20230; Ph.: (202) 482-3085; Fax: 
(202) 482-5671; FOIAonline: http://foiaonline.regulations.gov. This 
component does not maintain a separate online Electronic FOIA 
Library, nor do any of the following Regional EDA offices.
    (i) Atlanta Regional Office, EDA, U.S. Department of Commerce, 
401 West Peachtree Street NW., Suite 1820, Atlanta, Georgia 30308; 
Ph.: (404) 730-3006.
    (ii) Austin Regional Office, EDA, U.S. Department of Commerce, 
504 Lavaca Street, Suite 1100, Austin, Texas 78701; Ph.: (512) 381-
8165.
    (iii) Chicago Regional Office, EDA, U.S. Department of Commerce, 
111 North Canal Street, Suite 855, Chicago, Illinois 60606; Ph.: 
(312) 353-8143.
    (iv) Denver Regional Office, EDA, U.S. Department of Commerce, 
410 17th Street, Suite 250, Denver, Colorado 80202; Ph.: (303) 844-
4404.
    (v) Philadelphia Regional Office, EDA, U.S. Department of 
Commerce, Curtis Center, Suite 140 South, 601 Walnut Street, 
Philadelphia, Pennsylvania 19106; Ph.: (215) 597-7896.
    (vi) Seattle Regional Office, EDA, U.S. Department of Commerce, 
Jackson Federal Building, Room 1890, 915 Second Avenue, Seattle, 
Washington 98174; Ph.: (206) 220-7663.
    (6) International Trade Administration, Office of Strategic 
Resources, U.S. Department of Commerce, 14th and Constitution Avenue 
NW., Room 40003, Washington, DC 20230; Ph.: (202) 482-7937; Fax: 
(202) 482-1584; Email: foia@trade.gov; FOIAonline: http://foiaonline.regulations.gov. This component does not maintain a 
separate online Electronic FOIA Library.
    (7) Minority Business Development Agency, Office of 
Administration and Employee Support Services, U.S. Department of 
Commerce, 14th and Constitution Avenue NW., Room 5092, Washington, 
DC 20230; Ph.: (202) 482-2419; Fax: (202) 482-2500; Email: 
FOIA@mbda.gov; FOIAonline: http://

[[Page 11036]]

foiaonline.regulations.gov. This component maintains a separate 
online Electronic FOIA Library through its Web site, http://www.mbda.gov.
    (8) National Institute of Standards and Technology, Management 
and Organization Office, U.S. Department of Commerce, 100 Bureau 
Drive, Mail Stop 1710, Gaithersburg, Maryland 20899-1710; Ph.: (301) 
975-4054; Fax: (301) 926-8091; Email: foia@nist.gov; FOIAonline: 
http://foiaonline.regulations.gov. This component maintains a 
separate public inspection facility at the Administration Building, 
Gaithersburg, Maryland. Please call (301) 975-4054 for inspection 
facility directions and hours. This component does not maintain a 
separate online Electronic FOIA Library.
    (9) National Oceanic and Atmospheric Administration, U.S. 
Department of Commerce, 1315 East-West Highway (SSMC3), Room 9719, 
Silver Spring, Maryland 20910; Ph.: (301) 628-5658; Fax: (301) 713-
1169; Email: foia@noaa.gov; FOIAonline: http://foiaonline.regulations.gov. This component maintains a separate 
online Electronic FOIA Library through its Web site, http://www.noaa.gov.
    (10) National Technical Information Service, Office of the Chief 
Information Officer, U.S. Department of Commerce, 5301 Shawnee Road, 
Room 227, Alexandria, Virginia 22312; Ph.: (703) 605-6710; Fax: 
(703) 605-6764; FOIAonline: http://foiaonline.regulations.gov. This 
component maintains a separate online Electronic FOIA Library 
through its Web site, http://www.ntis.gov.
    (11) National Telecommunications and Information Administration, 
Office of the Chief Counsel, U.S. Department of Commerce, 14th and 
Constitution Avenue NW., Mail Stop 4713, Washington, DC 20230; Ph.: 
(202) 482-1816; Fax: (202) 501-8013; Email: eFOIA@NTIA.doc.gov; 
FOIAonline: http://foiaonline.regulations.gov. This component does 
not maintain a separate online Electronic FOIA Library.
    (12) Office of Inspector General, FOIA and Records Management 
Specialist, U.S. Department of Commerce, 14th and Constitution 
Avenue NW., Room 7099C, Washington, DC 20230; Ph.: (202) 482-3470; 
Fax: (202) 501-7921; Email: /oig.doc.gov">oig.doc.gov">FOIA@oig.doc.gov; FOIAonline: http://foiaonline.regulations.gov. This component maintains a separate 
online Electronic FOIA Library through its Web site, http://
www.oig.doc.gov.

0
20. Revise Appendix B to Part 4 to read as follows:

Appendix B to Part 4--Officials Authorized To Deny Requests for Records 
Under the Freedom of Information Act, and Requests for Records and 
Requests for Correction or Amendment Under the Privacy Act

    The officials of the Department listed below and their superiors 
have authority, with respect to the records for which each is 
responsible, to deny requests for records under the FOIA,\2\ and 
requests for records and requests for correction or amendment under 
the PA. In addition, the Departmental Freedom of Information Officer 
and the Freedom of Information Officer for the Office of the 
Secretary have the foregoing FOIA and PA denial authority for all 
records of the Department. The Departmental Freedom of Information 
Officer is authorized to assign that authority, on a case-by-case 
basis only, to any of the officials listed below, if the records 
responsive to a request include records for which more than one 
official listed below is responsible. The Departmental Freedom of 
Information Officer is authorized to revise this appendix to reflect 
changes in designation of denial officials. Any such revisions shall 
be posted on the Department's ``FOIA Home Page'' link found at the 
Department's Web site, http://www.doc.gov.
---------------------------------------------------------------------------

    \2\ The foregoing officials have sole authority under Sec.  
4.7(c) to deny requests for records in any respect, including, for 
example, denying requests for reduction or waiver of fees.
---------------------------------------------------------------------------

Office of the Secretary

Office of the Secretary: Executive Secretary; Freedom of Information 
Officer
Office of Business Liaison: Director
Office of Public Affairs: Director; Deputy Director; Press 
Secretary; Deputy Press Secretary

Assistant Secretary for Legislative and Intergovernmental Affairs; 
Deputy Assistant Secretary for Legislative and Intergovernmental 
Affairs

Office of Inspector General: Deputy Inspector General; FOIA and 
Records Management Specialist; Assistant Inspector General for 
Administration; Counsel to the Inspector General
Office of the General Counsel: Deputy General Counsel; Assistant 
General Counsel for Administration
Office of Executive Support: Director
Office of Chief Information Officer: Director

Assistant Secretary for Administration

Office of Civil Rights: Director
Office of Budget: Director
Office of Privacy and Open Government: Director

Departmental Freedom of Information Officer

Office of Program Evaluation and Risk Management: Director
Office of Financial Management: Director
Office of Human Resources Management: Director; Deputy Director
Office of Administrative Services: Director
Office of Security: Director
Office of Acquisition Management: Director
Office of Acquisition Services: Director
Office of Small and Disadvantaged Business Utilization: Director

Bureau of Industry and Security

Under Secretary
Deputy Under Secretary
Director, Office of Administration
Director, Office of Planning, Evaluation and Management
Assistant Secretary for Export Administration
Deputy Assistant Secretary for Export Administration
Director, Office of Strategic Industries and Economic Security
Director, Director, Office of Nonproliferation Controls and Treaty 
Compliance
Director, Office of Exporter Services
Assistant Secretary for Export Enforcement
Deputy Assistant Secretary for Export Enforcement
Director, Office of Export Enforcement
Director, Office of Enforcement Analysis
Director, Office of Antiboycott Compliance

Economics and Statistics Administration

Office of Administration: Director
Bureau of Economic Analysis: Director
Bureau of the Census: Freedom of Information Act Officer

Economic Development Administration

Freedom of Information Officer

International Trade Administration

Executive Administration

Under Secretary for International Trade
Deputy Under Secretary for International Trade
Chief Counsel for International Trade
Chief Counsel for Enforcement and Compliance
Trade Promotion Coordinating Committee Secretariat
Director, Office of Public Affairs
Director, Office of Legislative and Intergovernmental Affairs
Chief Information Officer
Deputy Chief Information Officer
Chief Administrative Officer, Office of the Chief Information 
Officer
Chief Financial and Administration Officer
Deputy Chief Financial Administrative Officer
Director, Budget Division
Director, Financial Management and Administrative Oversight Division
Director, Business Operations and Policy Compliance Division
Director, Performance Management and Employee Programs Division
Freedom of Information Act Officer

Enforcement and Compliance

Assistant Secretary for Enforcement and Compliance
Deputy Assistant Secretary for Enforcement and Compliance
Director, Office of Foreign Trade Zones Staff
Director, Office of Operations Support
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations
Executive Director, Antidumping and Countervailing Duty Operations
Director, Office of Antidumping and Countervailing Duty Enforcement 
I
Director, Office of Antidumping and Countervailing Duty Enforcement 
II
Director, Office of Antidumping and Countervailing Duty Enforcement 
III
Director, Office of Antidumping and Countervailing Duty Enforcement 
IV
Director, Office of Antidumping and Countervailing Duty Enforcement 
V
Director, Office of Antidumping and Countervailing Duty Enforcement 
VI
Director, Office of Antidumping and Countervailing Duty Enforcement 
VII
Deputy Assistant Secretary for Policy & Negotiations

[[Page 11037]]

Director, Office of Trade Agreements Negotiations and Compliance
Director, Office of Accounting
Director, Office of Policy

Global Markets

Assistant Secretary of Global Markets and Director General for the 
US&FCS
Deputy Director General
Principal Deputy Assistant Secretary
Executive Director, Advocacy Center
Director, Business Information and Technology Office
Director, Global Knowledge Center
Director, Office of Budget
Director, Office of Foreign Service Human Capital
Director, Office of Strategic Planning
Director, Office of Administrative Services
Executive Director, SelectUSA
Deputy Assistant Secretary for U.S. Field
National U.S. Field Director
Deputy Assistant Secretary for Asia
Executive Director for Asia
Director, Office of the ASEAN and Pacific Basin
Director, Office of East Asia and APEC
Director, Office of South Asia
Deputy Assistant Secretary for China, Hong Kong, and Mongolia
Executive Director for China, Hong Kong, and Mongolia
Director, Office of China, Hong Kong, and Mongolia
Deputy Assistant Secretary for Western Hemispheres
Executive Director for Western Hemispheres
Director, Office of North and Central America
Director, Office of South America
Deputy Assistant Secretary for Europe, Middle East, and Africa
Executive Deputy Assistant Secretary for Europe, Middle East, and 
Africa
Executive Director for Europe and Eurasia
Director, Office of Europe Country Affairs
Director, Office of the European Union
Director, Office of Russia, Ukraine, and Eurasia
Executive Director for Africa and Middle East
Director, Office of the Middle East and North Africa
Director, Office of Sub-Saharan Africa

Industry and Analysis

Assistant Secretary for Industry and Analysis
Deputy Assistant Secretary for Industry and Analysis
Trade Agreements Secretariat
Executive Director, Office of Trade Programs and Strategic 
Partnerships
Director, Trade Promotion Programs
Director, Strategic Partnerships
Director, Office of Advisory Committees and Industry Outreach
Director, Office of Planning, Coordination and Management
Deputy Assistant Secretary for Services
Director, Office of Financial and Insurance Industries
Director, Office of Digital Service Industries
Director, Office of Supply Chain, Professional and Business Services
Executive Director for National Travel and Tourism Office
Director, Office of Travel and Tourism Industries
Deputy Assistant Secretary for Trade Policy and Analysis
Director, Office of Standards and Investment Policy
Director, Office of Trade and Economic Analysis
Director, Office of Trade Negotiations and Analysis
Director, Office of Intellectual Property Rights
Deputy Assistant Secretary for Manufacturing
Director, Office of Energy and Environmental Industries
Director, Office of Transportation and Machinery
Director, Office of Health and Information Technologies
Deputy Assistant Secretary for Textiles, Consumer Goods, and 
Materials
Director, Office of Textiles and Appeal
Director, Office of Materials
Director, Office of Consumer Goods

Minority Business Development Agency

Chief Counsel
Freedom of Information Officer

National Institute of Standards and Technology

Director for Administration and Chief Financial Officer
Chief, Management and Organization Office
NIST Counsel

National Oceanic and Atmospheric Administration

Under Secretary
Deputy Under Secretary for Operations
Chief, Resource and Operations Management
Director, Office of Communications and External Affairs
Director, Office of Marine and Aviation Operations
General Counsel
Deputy General Counsel
Assistant Administrator for National Ocean Services
Deputy Assistant Administrator for National Ocean Services
Assistant Administrator for National Marine Fisheries Service
Deputy Assistant Administrator for Regulatory Programs for National 
Marine Fisheries Service
Assistant Administrator for National Weather Services
Deputy Assistant Administrator for National Weather Services
Assistant Administrator for National Environmental Satellite, Data, 
and Information Service
Deputy Assistant Administrator for National Environmental Satellite, 
Data, and Information Service
Assistant Administrator for Oceanic and Atmospheric Research
Deputy Assistant Administrator for Programs & Administration 
(Oceanic and Atmospheric Research)
Assistant Administrator for Program, Planning and Integration
Chief Administrative Officer
Chief Financial Officer
Chief Information Officer
Director, Acquisition and Grants Office
Deputy Director, Acquisition and Grants Office
Head of Contracting Offices, Acquisition and Grants Office
Director, Workforce Management Office
Senior Advisor for International Affairs
Director, Office of Legislation & Intergovernmental Affairs
Freedom of Information Officer

National Technical Information Service

Director
Deputy Director
Chief Financial Officer/Associate Director for Finance and 
Administration

National Telecommunications and Information Administration

Deputy Assistant Secretary
Chief Counsel
Deputy Chief Counsel

[FR Doc. 2014-03633 Filed 2-26-14; 8:45 am]
BILLING CODE 3510-17-P
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