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contains regulatory documents having general

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are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

62553 

Vol. 79, No. 202 

Monday, October 20, 2014 

DEPARTMENT OF COMMERCE 

Office of the Secretary 

15 CFR Part 4 

[Docket No. 140127076–4811–02] 

RIN 0605–AA33 

Public Information, Freedom of 

Information Act and Privacy Act 

Regulations 

AGENCY: Department of Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the 

Department of Commerce’s 

(Department) regulations under the 

Freedom of Information Act (FOIA) and 

Privacy Act. The FOIA regulations are 

revised to clarify, update and streamline 

the language of several procedural 

provisions, including methods for 

submitting FOIA requests and appeals 

and the time limits for filing an 

administrative appeal, and to 

incorporate certain changes brought 

about by the amendments to the FOIA 

under the OPEN Government Act of 

2007. Additionally, the FOIA 

regulations are updated to reflect 

developments in the case law. The 

Privacy Act regulations are 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 updated to make 

technical changes to the applicable 

exemptions. 

DATES: These amendments are effective 

November 19, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Mark R. Tallarico, Senior Counsel, (202) 

482–8156, Office of the General 

Counsel, 1401 Constitution Avenue 

NW., Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background Information 

On February 27, 2014, the Department 

of Commerce published a proposed rule 

revising its existing regulations under 

the FOIA and Privacy Act. See 79 FR 

11025. 

This rule amends 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 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 case law. 

Specifically, this action amends the 

procedures for filing requests and 

appeals for both the FOIA and the 

Privacy Act, and allows parties to use 

delivery services or file online through 

FOIAonline (http://

foiaonline.regulations.gov). The rule 

also vests the Office of the Inspector 

General’s (OIG) Counsel, rather than the 

Office of the Assistant General Counsel 

for Administration, with responsibility 

for addressing OIG appeals. It clarifies 

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), and it further clarifies 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, and 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 clarifies 

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. Pursuant to this rule, 

it is no longer a requirement that FOIA 

appeals include a copy of the initial 

FOIA request and the component’s 

initial denial, if any. 

To implement the OPEN Government 

Act of 2007, this rule: (1) Allows 

Department components to seek a onetime clarification of a request and toll 

the time period for responding to the 

request until the requester clarifies; (2) 

adds a definition for ‘‘Representative of 

the news media, or news media 

requester’’ as defined in the OPEN 

Government Act; and (3) places limits 

on the fees charged when Department 

components do not comply with the 

statutory time limits under the FOIA. 

This rule also revises 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 amends 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 makes 

requesting your own medical records 

from the Department easier. This rule 

adopts other changes to mirror those 

made to the FOIA regulations in order 

to maintain consistency between the 

provisions. 

Finally, this rule revises Appendix A 

to part 4 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 also 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. 

Public Comments 

Interested persons were afforded the 

opportunity to participate in the 

rulemaking process through submission 

of written comments on the proposed 


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rule during the 30-day open comment 

period. The Department received three 

public submissions in response to the 

proposed rulemaking. Due 

consideration was given to each 

comment received and, in response, the 

Department made modifications to the 

rule to enhance clarity and/or adopt 

several of the comments to enable a 

more efficient FOIA process. In 

addition, the Department made 

technical edits to the appendices to Part 

4, unprompted by comments, including 

correcting a component’s contact 

information identified in Appendix A 

and updating the list of denying officials 

identified in Appendix B. 

Section 4.1 (General Provisions) 

One commenter recommended that 

proposed § 4.1 be rewritten to better 

reflect President Obama’s policy (i.e., 

that components discretionarily release 

records where no foreseeable harm 

exists and that there is a presumption of 

openness). As a general matter, the 

Department unequivocally adheres to 

and follows the Administration policy 

(as required) regarding discretionary 

releases and maintaining a presumption 

of openness, and components indeed 

discretionarily release records when no 

foreseeable harm exists. The Department 

recognizes that the language contained 

in the proposed revision to § 4.1(a) 

could be misconstrued to not require 

components to make discretionary 

releases when no foreseeable harm 

exists; that was not the intention. This 

final rule clarifies this provision by 

revising the language to require 

components to make discretionary 

releases of records whenever disclosure 

would not foreseeably harm an interest 

protected by a FOIA exemption and, 

when required, to do so in accordance 

with current law and/or Executive 

Branch policy. 

Section 4.2 (Public Reading Rooms) 

One commenter offered that the 

proposed regulations are ambiguous as 

to how components will provide their 

indices of available records and 

recommended that components make 

current subject-matter indices available 

electronically in their FOIA Libraries. 

The Department accepts this suggestion 

and inserts a provision in § 4.2(a) 

requiring components to publish their 

current indices electronically. 

The same commenter also suggested 

reinstatement of the description of the 

records that the FOIA requires to be 

made available for public inspection 

and copying in § 4.2(d). The Department 

agrees and reinstates the language that 

appeared in § 4.2(d) of the former 

regulations and codifies it in § 4.2(c) in 

this Final Rule. 

This commenter further suggested 

that the Department adopt a policy to 

‘‘establish categories of records that can 

be disclosed regularly’’ and 

recommended that § 4.2 be revised to 

add a provision stating that ‘‘each 

component be responsible for 

establishing categories of records that 

can be disclosed regularly and routinely 

posting such records on its Web site.’’ 

While the Department encourages 

components to proactively disclose 

records on their Web sites (to the extent 

that they can be made publicly 

available), the Department declines to 

adopt the commenter’s suggestion given 

the limited resources available to 

Department components and the 

decentralized nature of the FOIA 

process within the Department. 

The same commenter also 

recommended that § 4.2 be revised to 

include a provision requiring that 

components, ‘‘to the extent feasible, 

post in its FOIA Library copies of all 

records, regardless of form or format, 

which have been released to any person 

under the FOIA, other than records 

released in response to first-party 

requests.’’ To the extent that they can be 

made publicly available, the Department 

encourages the posting of all records 

released in response to FOIA requests 

onto the FOIAonline Web site, http://

foiaonline.regulations.gov. However, 

given that resources are needed to 

properly post records, it is important 

that Department components retain 

flexibility in determining how best to 

use those resources, including flexibility 

to use other options such as posting logs 

of FOIA responses. Accordingly, the 

Department declines to adopt the 

commenter’s suggestion in this Final 

Rule. 

This commenter further 

recommended that § 4.2 be revised to 

include a provision requiring that 

components ‘‘post, in a searchable 

format on its Web site, a log listing all 

FOIA requests received by the agency 

and their processing status.’’ The 

Department and its components utilize 

the FOIAonline Web site, http://

foiaonline.regulations.gov, where 

requesters can submit FOIA requests, 

track the status of their requests, search 

for requests submitted by other 

requesters, access previously released 

records, and generate agency-specific 

FOIA processing reports. Accordingly, 

the Department declines to adopt the 

commenter’s suggestion. 

Section 4.3 (Records Under the FOIA) 

One commenter recommended that a 

reference to the obligation to extract 

information from component computer 

databases be included as a primary 

statement in § 4.3(b) rather than being 

relegated to a qualification statement as 

set forth in the proposed rule. The 

Department does not agree that § 4.3(b) 

needs to be modified as suggested by the 

commenter. The provision concerning 

the extraction of information remains in 

the same position (second sentence) as 

it is in the existing regulations where it 

seeks to qualify the first statement in 

§ 4.3(b)—that is, the question of whether 

the Department creates or compiles 

records vs. merely extracting them from 

a database is fact dependent. 

Accordingly, the Department is 

maintaining the language as published 

in the Proposed Rule. 

Section 4.4 (Requirements for Making 

Requests) 

One commenter recommended 

revising the language in proposed 

§ 4.4(c) to ‘‘provide adequate time for 

requesters to respond after having been 

asked to reasonably describe the records 

sought’’ and suggests a 30 day time 

period. This commenter also 

recommended inserting language 

clarifying that components’ notice to a 

requester that it is closing a request for 

failure to reasonably describe the 

records sought constitutes an adverse 

action. The Department agrees with both 

of these recommendations. It was an 

oversight to not include these 

provisions in the proposed rule, and the 

Department has included such language 

in this Final Rule at § 4.4(c). 

Another commenter expressed 

concern that the Department’s proposed 

revision to § 4.4(c) (Description of 

records sought) would allow 

components to prematurely close FOIA 

requests which curtails requesters’ 

access to information and directly 

contravenes the Obama 

Administration’s commitment to 

transparency and open government. In 

addition to recommending that the 

Department not adopt this revision, this 

commenter also suggested that 

components ‘‘should not close the file 

prematurely if requesters do not amend 

their requests, but instead [should] 

relegate the request to a lower 

processing track.’’ 

The Department does not agree with 

this commenter’s concerns that 

revisions to § 4.4(c) would result in the 

premature closing of FOIA requests, that 

it would curtail requesters’ access to 

information in violation of the FOIA, or 

that it contravenes the Obama 

Administration’s open government and 

transparency policies. The revisions to 

§ 4.4(c) seek to galvanize Departmental 

procedures for how components are to 


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process requests that do not reasonably 

describe the records sought. The FOIA 

requires that requesters satisfy two 

conditions when submitting a FOIA 

request—that the request reasonably 

describes the records sought and that it 

is made in accordance with agency’s 

published rule setting forth the 

procedures for filing a FOIA request. In 

instances where a component 

determines that a request does not 

reasonably describe the records sought, 

the provisions at § 4.4(c) require that the 

component contact the requester and 

inform him or her what additional 

information is needed to meet the 

requirements of the FOIA—namely, how 

to reformulate or modify the request so 

that it reasonably describes records that 

the component may be able to locate. By 

incorporating the first commenter’s 

recommendation in § 4.4(c) of this final 

rule, requesters will have 30 calendar 

days to modify or reformulate their 

request to meet the requirements of the 

FOIA before a component can close a 

request. Moreover, in instances where a 

component closes a FOIA request 

because a requester fails to reasonably 

describe the records sought, the 

requester will be afforded 

administrative appeal rights to 

challenge the component’s decision. 

Accordingly, the Department declines to 

adopt these comments. 

Section 4.6 (Time Limits and Expedited 

Processing) 

One commenter recommended 

revising § 4.6(b) (Initial response and 

appeal) to insert a provision stating that: 

‘‘As soon as practicable after receiving 

a request, a component shall provide the 

requester with the estimated date it will 

complete processing the request. The 

component shall notify the requester 

that he or she may reformulate the 

request, if he or she so chooses, to revise 

the scope of the request in order to 

potentially reduce processing time.’’ In 

support, the commenter cites the OPEN 

Government Act of 2007, Public Law 

110–175, as requiring agencies to 

provide requesters with an estimated 

date of completion for processing 

requests. 

The OPEN Government Act does not 

require agencies to proactively provide 

requesters with an estimated completion 

date for processing their requests, as 

suggested by the commenter. Rather, the 

2007 FOIA Amendments require that 

each agency— 

establish a telephone line or Internet services 

that provides information about the status of 

a request to the person making the request 

using the assigned tracking number, 

including—(i) the date on which the agency 

originally received the request; and (ii) an 

estimated date on which the agency will 

complete the action on the request. 

Consistent with the requirements of the 

OPEN Government Act, and as set forth 

in the Appendix A to part 4, each 

component maintains a phone line 

where requesters can contact a FOIA 

professional to obtain an estimated 

completion date for their request. 

Additionally, components’ participation 

in the FOIAonline Web site, http://

foiaonline.regulations.gov, offers 

another mechanism through which 

requesters can communicate 

electronically with FOIA staff to obtain 

an estimated completion date of their 

request. Because our current regulations 

and practices are in compliance with 

OPEN Government Act, the Department 

declines to adopt the commenter’s 

suggestion as it would create an 

unnecessary burden on components’ 

FOIA offices. 

The same commenter also 

recommended revising § 4.6(c) 

(Clarification of request) to insert two 

provisions—one stating that 

‘‘Components should also attempt to 

clarify with the requester by telephone’’ 

and another at the end of § 4.6(c) stating 

‘‘Notwithstanding the other provisions 

of this paragraph, if a component has 

any uncertainty regarding an aspect of 

the request, it shall attempt to 

communicate with the requester to 

clarify the scope of his or her FOIA 

request.’’ 

The Department strongly encourages 

FOIA staff to communicate with 

requesters, by telephone and/or email, 

as much and as early as possible in 

order to resolve issues (clarifications or 

otherwise). Ultimately, however, 

clarifications must be made in writing. 

The commenter’s second 

recommendation is already addressed in 

§ 4.6(c) and no further changes are 

necessary. Accordingly, the Department 

declines to adopt the commenter’s 

suggested changes. 

A second commenter recommended 

removing from § 4.6(f)(3) (Expedited 

processing) the reference to ‘‘main 

professional activity or occupation’’ 

from the example as to how a requester 

can establish that he or she is ‘‘primarily 

engaged in disseminating information.’’ 

In support, this commenter offers that 

having a ‘‘professional’’ requirement 

would exclude many requesters from 

obtaining expedited processing because 

‘‘they may engage primarily in 

information dissemination while it is 

not a profession or occupation or paid 

activity.’’ 

The Department did not propose to 

revise the language addressing 

expedited processing in the Proposed 

Rule. The Department’s regulations 

regarding expedited processing (found 

at 15 CFR 4.6(f)(1)(iv)) mirror the FOIA 

and allow for this type of processing 

whenever it is determined that a FOIA 

request involves an ‘‘urgency to inform 

the public about an actual or alleged 

Federal Government activity, if made by 

a person primarily engaged in 

disseminating information.’’ 5 U.S.C. 

552(a)(6)(E)(v)(II). The purpose of the 

language at issue in § 4.6(f)(3) is to give 

some clarity for how a requester can 

establish that he or she is ‘‘primarily 

engaged in disseminating 

information’’—a requirement set forth in 

the FOIA—even though the requester is 

not a full-time member of the media. 

Although we did not propose any 

revisions to the expedited processing 

regulations, we recognize the need to 

provide additional guidance on this 

subject. Thus, we revised § 4.6(f)(3) in 

this Final Rule to provide more clarity 

as to how requesters, who are not fulltime members of the media, can still 

establish that they are ‘‘primarily 

engaged in disseminating information.’’ 

Section 4.7 (Responses to Requests) 

One commenter suggested that § 4.7 

be revised to add a provision stating that 

‘‘Components shall use plain language 

in all written communications with 

requesters.’’ This commenter cites The 

Plain Writing Act of 2010 as the basis 

for this revision. By law, the Department 

and its components are required to 

follow The Plain Writing Act of 2010. 

Therefore, it is unnecessary to include 

such a provision in the Department’s 

FOIA regulations. 

The same commenter also 

recommended that § 4.7 be revised to 

add language restating President 

Obama’s openness and transparency 

policy and Attorney General Holder’s 

FOIA guidelines which require agencies 

to identify a foreseeable harm in order 

to withhold information under a FOIA 

exemption. We included language 

similar to what the commenter 

suggested in § 4.1 in this Final Rule and, 

thus, we decline to make the suggested 

changes to § 4.7. 

This commenter further 

recommended that § 4.7 be revised to 

add a provision stating that 

‘‘Components shall generally respond 

with the requester by email or through 

the FOIAonline Web site, rather than 

postal mail, unless he or she specifies 

otherwise.’’ The Department encourages 

communication with requesters by 

electronic means. However, it is 

important that Department components 

have flexibility in determining how best 

to communicate with requesters, 

including flexibility to use the U.S. mail 


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or other delivery options. Therefore, the 

Department is not adopting the 

commenter’s suggested changes. 

The same commenter recommended 

that § 4.7(a) be revised to add a 

provision stating that ‘‘Components 

shall provide automated updates on the 

status of FOIA requests through 

FOIAonline.’’ For support, the 

commenter cites the OPEN Government 

Act as requiring agencies to establish a 

service allowing requesters to inquire 

about the status of their requests. 

The OPEN Government Act requires 

agencies to establish either a telephone 

line or an Internet service through 

which requesters can obtain an 

estimated completion date. The 

Department and its components are in 

full compliance with this requirement, 

having established telephones lines 

(contained in Appendix A to part 4 of 

the Final Rule) by which requesters can 

inquire about the status of their 

requests. Further, the Department’s 

participation in the FOIAonline Web 

site also serves to meet the OPEN 

Government Act requirement by 

providing an electronic portal through 

which requesters can inquire about the 

status of their requests. The FOIAonline 

Web site also provides requesters with 

the ability to track the status of their 

request. Given these current practices, 

we find it unnecessary to adopt any of 

the commenter’s suggested changes in 

this Final Rule. 

This commenter also recommended 

that § 4.7(b) be revised to add a 

provision stating that ‘‘If a request 

involves a voluminous amount of 

material or searches in multiple 

locations, a component shall provide a 

requester with interim responses, 

releasing the information on a rolling 

basis.’’ 

To the extent feasible, Department 

components presently issue interim 

releases when a request involves 

voluminous records. The Department’s 

current policy, however, only allows for 

the interim release of records when 

there are no FOIA exemptions 

applicable to the requested information. 

The Department agrees with this 

recommendation and will include such 

language mirroring our policy on 

interim releases in this Final Rule at 

§ 4.7. 

Section 4.8 (Classified Information) 

One commenter suggested that the 

Department notify a requester when it 

has performed a declassification review 

in processing a FOIA request. This 

commenter recommended adding a 

provision to § 4.8 stating that ‘‘If the 

component determines that the records 

should continue to be classified and 

must be withheld, the component shall 

explain in its response letter to the 

requester that the records are properly 

classified and that this determination is 

based on a declassification review, with 

an explanation of how that review 

confirmed the continuing validity of the 

national security classification.’’ 

We decline to adopt the commenter’s 

suggested changes. The Department’s 

regulations at § 4.8 require components, 

in processing a request for classified 

information, to review the information 

to determine whether it should remain 

classified. There is no obligation by an 

agency to explain its declassification 

process. If the information remains 

classified, it is within a component’s 

discretion on the extent to which it 

wishes to explain its review process in 

the determination letter. Further, 

requiring components to explain their 

declassification processes, as suggested 

by this commenter, raises the potential 

for inadvertent sharing of information 

that could disclose the nature of the 

classified material. 

Section 4.9 (Business Information) 

One commenter offered two 

recommendations to improve the clarity 

and accuracy of this section. First, 

striking ‘‘out of this section’’ from the 

end of the first sentence in § 4.9(c). 

Second, inserting ‘‘and will be 

withheld’’ in § 4.9(h)(1) to read ‘‘The 

component determines that the 

information is exempt and will be 

withheld under a FOIA exemption, 

other than exemption (b)(4).’’ We agree 

that these changes improve clarity and 

accuracy, and therefore we adopt these 

changes in this Final Rule. 

Section 4.10 (Appeals From Initial 

Determinations or Untimely Delays) 

One commenter recommended that 

the Department provide requesters 60 

calendar days to submit administrative 

appeals, instead of the 30 days from the 

date of the component’s adverse 

determination letter provided for at 

§ 4.10(a). The Department did not 

propose any revisions to the 30 calendar 

day window for submitting 

administrative appeals in its Proposed 

Rule. The Department declines to adopt 

this recommendation; 30 calendar days 

provides a requester with a reasonable 

amount of time to submit an 

administrative appeal. 

Two commenters recommended that 

the Department remove from 

§§ 4.10(b)(1) and (b)(2) the requirement 

that requesters include a copy of their 

original request and initial denial, if 

any, with the submission of their 

administrative appeals. One of these 

commenters suggested that the 

Department change the wording from 

‘‘shall’’ to ‘‘should’’ or some other 

standard that does not impose a strict 

requirement that could bar an appeal. 

The other commenter recommended 

that the pertinent language in 

§§ 4.10(b)(1) and (b)(2) be revised to 

state ‘‘In all cases, the appeal (written or 

electronic) must include the assigned 

request number or a copy of the original 

request and initial denial, if any.’’ 

The Department did not propose any 

substantive revisions to the provisions 

in §§ 4.10(b)(1) and (b)(2). The 

Department’s recent implementation of 

the FOIAonline system, however, makes 

it unnecessary for requesters to include 

copies of their original request and the 

component’s initial denial, if any, with 

their FOIA appeal since it will already 

be available in the system. Therefore, 

the Department will revise, as 

suggested, the language in §§ 4.10(b)(1) 

and (b)(2) to state that ‘‘the appeal 

‘should’ include a copy of the original 

request and initial denial, if any.’’ 

One commenter also recommended 

that the Department remove from 

§§ 4.10(b)(1) and (b)(2) the requirement 

that appeals ‘‘must’’ include a statement 

of the reasons for why the records 

requested should be made available and 

why the adverse determination was in 

error. The Department did not propose 

any revisions to the requirement that 

appeals must include a statement of the 

reasons in §§ 4.10(b)(1) and (b)(2). 

However, the Department no longer 

views this information as mandatory to 

process FOIA appeals. Therefore, the 

Department will revise, as suggested, 

these sections in this Final Rule to state 

that ‘‘the appeal ‘should’ include a 

statement of the reasons for why the 

records requested should be made 

available and why the adverse 

determination, if any, was in error.’’ 

This commenter also suggested that 

the Department provide information 

about the Office of Government 

Information Services’ dispute resolution 

services in its FOIA regulations and in 

appeal determinations. To this effect, 

the commenter recommended that 

§ 4.10 be revised to add a new 

subsection that states ‘‘The Office of 

Government Information Services 

(OGIS) within the National Archives 

and Records Administration offers 

mediation services to resolve disputes 

between requesters and agencies as a 

non-exclusive alternative to litigation. 

Requesters with concerns about the 

handling of their requests may contact 

OGIS. Components shall provide the 

requester with the name and contact 

information of the Office of Government 

Information Services in an appeal 

determination letter.’’ 


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The Department agrees with the 

commenter’s first recommendation and 

will create a new § 4.1(c) in this Final 

Rule to add language informing 

requesters about the dispute resolution 

services offered by OGIS. The 

Department disagrees with the 

commenter’s other recommendation that 

we include the name and contact 

information of OGIS in appeal 

determination letters. Our final appeal 

decisions are not appealable. For 

example, if the Department determines 

on appeal that records are to be 

withheld under certain FOIA 

exemptions, then it is our belief that this 

decision is made within the construct of 

the FOIA and relevant supporting case 

law. For this reason, the Department 

does not adopt the commenter’s 

suggested changes. 

Section 4.11 (Fees) 

One commenter supported the change 

to proposed § 4.11(b)(6), which defines 

‘‘representative of the news media’’ for 

fee purposes. 

One commenter expressed concern 

that the Department’s 16-cent per page 

duplication fee contained in § 4.11(c) is 

inconsistent with the FOIA and OMB 

Guidelines. As a general matter, the 

Department notes that its fee provisions 

are written to conform with the OMB 

Guidelines, which establish uniform 

standards for fee matters. Conformity 

with the OMB Guidelines is required by 

the FOIA. See 5 U.S.C. 552(a)(4)(A)(i). 

Although the Department did not 

propose any changes to the duplication 

fee in its Proposed Rule, the Department 

re-examined its costs to make 

duplications and determined that a fee 

reduction is warranted. This Final Rule 

revises § 4.11(c)(2) to provide for a 

duplication fee of .08 cents per page. 

The same commenter also expressed 

concern that the reference to ‘‘the cost 

of operating a central processing unit in 

§ 4.11(c)(3)(ii) is an archaic and obsolete 

reference’’ and suggested that it be 

removed from the regulations. Although 

the Department did not propose any 

changes to the referenced language in its 

Proposed Rule, the Department agrees 

that this phrase is obsolete and revised 

§ 4.11(c)(3)(ii) in this Final Rule to 

remove this language. 

One commenter proposed that ‘‘the 

Department should adopt a policy that 

it will not charge a fee if the total fee 

would be less than $50.00’’ and 

recommended including such a 

provision in § 4.11(d). The Department 

did not propose any changes to the fee 

threshold amount in its Proposed Rule. 

The Department disagrees with the 

commenter’s suggested change and is 

maintaining the language in the current 

regulations at § 4.11(d)(4), which 

requires requesters to pay fees in excess 

of $20.00. This amount is comparable to 

the amounts in which other agencies 

begin charging fees. 

The same commenter also suggested 

that ‘‘the Department adopt a policy that 

components may waive or reduce fees 

in additional circumstances’’ and 

recommended including such a 

provision in § 4.11(k). The Department 

did not propose any changes to its 

policy for reducing or waiving fees in its 

Proposed Rule. The Department 

disagrees with the commenter and is 

maintaining the language in the current 

regulations at § 4.11(k). The FOIA 

establishes a standard for waiver or 

reduction of fees and the Department’s 

regulations are intended to define the 

manner in which this standard is to be 

applied. Components must make fee 

determinations consistent with the 

FOIA and Department regulations. 

Section 4.29 (Appeal of Initial Adverse 

Agency Determination on Correction or 

Amendment) 

One commenter objected to the 

moving of the administrative appellate 

authority in § 4.29 to the Counsel for the 

Inspector General in cases involving 

requests for OIG records. This 

commenter states that this change 

differs from the process in almost every 

other agency, and remains entirely 

unexplained and unjustified. The 

commenter also believes ‘‘it would seem 

fairer to requesters to have some 

administrative distance between the 

initial denial authority and the appellate 

authority in such cases[.]’’ 

The Department disagrees with the 

commenter and is maintaining the 

language as proposed in § 4.29 and 

§ 4.10, with respect to the processing of 

FOIA and Privacy Act appeals resulting 

from adverse determinations issued by 

the Office of the Inspector General. 

Reserving appellate authority to the OIG 

for appeals involving its own records is 

necessary to ensure the OIG’s 

independence in conducting its 

oversight activities of the Department, 

including audits, inspections, 

evaluations, and investigations. For 

example, this separate appellate 

authority will minimize the risk of 

inadvertent disclosure within the 

Department of confidential investigative 

informants or targets and the 

investigative or audit strategy of the OIG 

that could interfere with ongoing 

oversight. The Department also notes 

that other executive departments and 

agencies (NASA being one) similarly 

reserve appellate authority to their OIGs 

for appeals involving OIG records. 

Finally, contrary to the commenter’s 

concerns, §§ 4.10 and 4.29 provide for 

separation between the initial denying 

authority and the appellate authority 

within the OIG. Under this Final Rule, 

the official who is designated as the 

denying official, the OIG’s FOIA Officer, 

does not have the authority to decide 

appeals. 

Regulatory Flexibility Act 

In accordance with the Regulatory 

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

Chief Counsel for Regulation certified at 

the Proposed Rule stage that this 

regulation will not have a significant 

economic impact on a substantial 

number of small entities. The factual 

basis for this certification was published 

with the proposed rule and is not 

repeated here. No comments were 

received regarding the economic impact 

of this final rule. As a result, a final 

regulatory flexibility analysis is not 

required and one was not prepared. 

Executive Order 12866 

The Office of Management and Budget 

has determined that this regulation is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866. 

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. 

List of Subjects in 15 CFR Part 4 

Appeals, Freedom of Information Act, 

Information, Privacy, Privacy Act. 

Dated: October 9, 2014. 

Catrina D. Purvis, 

Chief Privacy Office and Director of Open 

Government. 

For the reasons stated in the 

preamble, the Department of Commerce 

amends 15 CFR part 4 as follows: 

PART 4—DISCLOSURE OF 

GOVERNMENT INFORMATION 

■ 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 

■ 2. Section 4.1 is amended by revising 

the section heading and paragraph (a), 

and adding new paragraph (c) to read as 

follows: 

§ 4.1 General provisions. 

(a) The information in this part is 

furnished for the guidance of the public 


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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 shall 

make discretionary releases of records 

or information exempt from disclosure 

under the FOIA when required to do so 

in accordance with current law and/or 

Executive Branch policy. This policy 

does not create any right enforceable in 

court. 

* * * * * 

(c) The Office of Government 

Information Services (OGIS) within the 

National Archives and Records 

Administration offers mediation 

services to resolve disputes between 

requesters and agencies as a nonexclusive alternative to litigation. 

Requesters with concerns about the 

handling of their requests may contact 

OGIS. 

■ 3. Section 4.2 is revised to read as 

follows: 

§ 4.2 Public reading rooms. 

(a) Records that the FOIA requires to 

be made available for public inspection 

and copying are accessible 

electronically through the Department’s 

‘‘Electronic FOIA Library’’ on the 

Department’s 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 also maintain and 

make available electronically a current 

subject-matter index of the records 

made available electronically. Each 

component shall ensure that posted 

records and indices are updated 

regularly, at least quarterly. 

(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 to this part. 

(c) The Department and its 

components shall maintain and make 

available electronically for public 

inspection: 

(1) A current index providing 

information for the public as to any 

matter that is issued, adopted, or 

promulgated after July 4, 1997, and that 

is retained as a record and is required 

to be made available or published. 

Copies of the index are available upon 

request after payment of the direct cost 

of duplication; 

(2) Copies of records that have been 

released and that the component that 

maintains them determines, because of 

their subject matter, have become or are 

likely to become the subject of 

subsequent requests for substantially the 

same records; 

(3) A general index of the records 

described in paragraph (c)(2) of this 

section; 

(4) Final opinions and orders, 

including concurring and dissenting 

opinions made in the adjudication of 

cases; 

(5) Those statements of policy and 

interpretations that have been adopted 

by a component and are not published 

in the Federal Register; and 

(6) Administrative staff manuals and 

instructions to staff that affect a member 

of the public. 

■ 4. Section 4.3 is amended by revising 

paragraphs (a) through (c) to read as 

follows: 

§ 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. 

* * * * * 

■ 5. Section 4.4 is revised to read as 

follows: 

§ 4.4 Requirements for making requests. 

(a) How made and addressed. The 

Department has a decentralized system 

for responding to FOIA requests, with 

each component designating a FOIA 

office to process records from that 

component. All components have the 

capability to receive requests 

electronically either through electronic 

mail (email) or the FOIAonline 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 


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1The United States Patent and Trademark Office 

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

United States within the Department of Commerce, 

operates under its own FOIA regulations at 37 CFR 

part 102, subpart A. Accordingly, requests for 

USPTO records, and any appeals thereof, should be 

sent directly to the USPTO. 

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 

the request to the component(s) it 

believes most likely to have the 

requested records. Requests will be 

considered received for purposes of the 

20-day time limit of § 4.6 as of the date 

it is received by the proper component’s 

FOIA office. 

(b) Requests for records about an 

individual or oneself. For requests for 

records about oneself, § 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 within 30 calendar days after 

having been asked to reasonably 

describe the records sought, the 

component shall notify the requester in 

writing that the request has not been 

properly made, that no further action 

will be taken, and that the FOIA request 

is closed. Such a notice constitutes an 

adverse determination under § 4.7(c) for 

which components shall follow the 

procedures for a denial letter under 

§ 4.7(d). In cases where a requester has 

modified his or her request, the date of 

receipt for purposes of the 20-day time 

limit of § 4.6 shall be the date of receipt 

of the modified request. 

■ 6. Section 4.5 is amended by revising 

paragraphs (a) through (c) to read as 

follows: 

§ 4.5 Responsibility for responding to 

requests. 

(a) In general. Except as stated in 

paragraph (b) of this section, the proper 

component of the Department to 

respond to a request for records is the 

component that first receives the request 

and has responsive records (or in the 

instance of where no records exist, the 

component that first receives the request 

and is likely to have responsive 

records), or the component to which the 

Departmental FOIA Officer or 

component FOIA Officer assigns lead 

responsibility for responding to the 

request. Where a component’s FOIA 

office determines that a request was 

misdirected within the Department, the 

receiving component’s FOIA office shall 

route the request to the FOIA office of 

the proper component(s). Records 

responsive to a request shall include 

those records within the Department’s 

possession and control as of the date the 

Department begins its search for them. 

(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 § 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. 

* * * * * 

■ 7. Section 4.6 is amended by 

redesignating paragraphs (c) through (e) 

as (d) through (f), revising paragraph (b) 

and newly redesignated paragraphs 

(d)(1) and (2), (e) and (f)(3), and adding 

new paragraph (c) to read as follows: 

§ 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 § 4.5(a). In instances involving 

misdirected requests that are re-routed 

pursuant to § 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 records 

under this part. The component’s 


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request for clarification must be in 

writing. When a component seeks 

clarification of a request, the time for 

responding to a request set forth in 

§ 4.6(b) is tolled until the requester 

responds to the clarification request. 

The tolled 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 

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 primary 

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. 

* * * * * 

■ 8. Section 4.7 is revised to read as 

follows: 

§ 4.7 Responses to requests. 

(a) Acknowledgment of requests. 

Upon receipt of a request, a component 

ordinarily shall send an 

acknowledgement 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) Interim responses. If a request 

involves voluminous records or requires 

searches in multiple locations, to the 

extent feasible, a component shall 

provide the requester with interim 

responses consisting of fully releasable 

records. 

(c) 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. 

(d) 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. 

(e) 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 § 4.10, and a list of the 

requirements for filing an appeal set 

forth in § 4.10(b). 

■ 9. Section 4.8 is revised to read as 

follows: 

§ 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 


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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 § 4.10(c). 

■ 10. Section 4.9 is amended by revising 

paragraphs (c), (h) and (j) to read as 

follows: 

§ 4.9 Business information. 

* * * * * 

(c) Designation of business 

information. A submitter of business 

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). 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 and will be 

withheld under a FOIA exemption, 

other than exemption (b)(4); 

(2) The information has been lawfully 

published or has been officially made 

available to the public; 

(3) Disclosure of the information is 

required by statute (other than the 

FOIA) or by a regulation issued in 

accordance with Executive Order 12600; 

or 

(4) The designation made by the 

submitter under 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. 

■ 11. Section 4.10 is amended by 

revising paragraphs (a) through (c) to 

read as follows: 

§ 4.10 Appeals from initial determinations 

or untimely delays. 

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

component other than the Office of 

Inspector General is initially denied in 

whole or in part, or has not been timely 

determined, or if a requester receives an 

adverse determination regarding any 

other matter listed under this subpart 

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

may file an appeal. Appeals can be 

submitted in writing or electronically, 

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

section. 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 

§ 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 § 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 

§ 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) should 

include a copy of the original request 

and initial denial, if any. All appeals 

should include a statement of the 

reasons why the records requested 

should be made available and why the 

adverse determination was in error. No 

opportunity for personal appearance, 

oral argument or hearing on appeal is 

provided. Upon receipt of an appeal, 

AGC-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 


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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 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) should 

include a copy of the original request 

and initial denial, if any. All appeals 

should include a statement of the 

reasons why the records requested 

should be made available and why the 

adverse determination was in error. No 

opportunity for personal appearance, 

oral argument or hearing on appeal is 

provided. Upon receipt of an appeal, the 

Counsel to the Inspector General, or the 

Deputy Inspector General if the records 

were initially denied by the Counsel to 

the Inspector General, ordinarily shall 

send an acknowledgement letter to the 

requester which shall confirm receipt of 

the requester’s appeal. 

(c) Upon receipt of an appeal 

involving records initially denied on the 

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

records shall be forwarded to the 

Deputy Assistant Secretary for Security 

(DAS) for a declassification review. The 

DAS may overrule previous 

classification determinations in whole 

or in part if continued protection in the 

interest of national security is no longer 

required, or no longer required at the 

same level. The DAS shall advise the 

AGC-Admin, the General Counsel, 

Counsel to the Inspector General, or 

Deputy Inspector General, as 

appropriate, of his or her decision. 

* * * * * 

■ 12. Section 4.11 is amended by: 

■ a. Revising paragraphs (a), (b)(2) 

through (4), (b)(6) and (7), (c)(2), 

(c)(3)(ii), (c)(4), (d)(1) and paragraph (i); 

■ b. Adding paragraphs (d)(6) and (d)(7); 

■ c. Revising paragraph (e); 

■ d. Redesignating paragraphs (j) and (k) 

as (k) and (l); and 

■ e. Adding a new paragraph (j). 

The revisions and additions read as 

follows: 

§ 4.11 Fees. 

(a) In general. Components shall 

charge fees for processing requests 

under the FOIA in accordance with 

paragraph (c) of this section, except 

where fees are limited under paragraph 

(d) of this section or when a waiver or 

reduction is granted under paragraph (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 


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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 § 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 conducting review, plus 16 percent of 

salary rate. 

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

(iii) Review of records ............................................................................... Actual salary rate of employee involved, plus 16 percent of salary rate. 

(iv) Duplication of records: 

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

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

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

available to the requester into FOIAonline)).

Actual direct cost, including operator time. 

(3) * * * 

(ii) For computer searches of records, 

requesters will be charged the direct 

costs of conducting the search, although 

certain requesters (as provided in 

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

charged no search fee and certain other 

requesters (as provided in paragraph 

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

cost equivalent of two hours of manual 

search time without charge. These direct 

costs will include the costs of the 

operator/programmer salary 

apportionable to the search and any 

other tangible direct costs associated 

with a computer 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 $.08 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 computergenerated 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 

§ 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) Advance payments. (1) 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 


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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. 

(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 § 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. 

* * * * * 

■ 13. Section 4.25 is amended by 

revising paragraph (g)(1) to read as 

follows: 

§ 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 § 4.33 

or 4.34, or exempt by determination of 

another agency publishing notice of the 

system of records, as described in 

§ 4.23(f); 

(ii) The record is information 

compiled in reasonable anticipation of a 

civil action or proceeding; 

(iii) The provisions of § 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. 

* * * * * 

■ 14. Section 4.26 is revised to read as 

follows: 

§ 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. 

■ 15. Section 4.28 is amended by 

revising paragraphs (a)(1)(ii) and (a)(2) 

to read as follows: 

§ 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 § 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. 

* * * * * 

■ 16. Section 4.29 is amended by 

revising paragraphs (a), (b), (c), (e), (g) 

introductory text, (g)(1), (h), and (i) to 

read as follows: 

§ 4.29 Appeal of initial adverse agency 

determination on correction or amendment. 

(a) If a request for correction or 

amendment is denied initially under 

§ 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 


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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 

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 § 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 § 4.28(c) and shall 

deny an appeal only on grounds set 

forth in § 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. 

* * * * * 

■ 17. Section 4.33 is amended by 

revising paragraphs (b) introductory text 

and (b)(1) to read as follows: 

§ 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. 

* * * * * 

■ 18. Section 4.34 is amended by 

revising paragraphs (a)(1), (b) 

introductory text, (b)(2)(i)(A), (b)(3)(i), 

and (b)(4)(i) to read as follows: 

§ 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. 

* * * * * 


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(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) * * * 

(A) Individuals identified in Export 

Administration compliance proceedings 

or investigations—COMMERCE/BIS–1, 

but only on condition that the general 

exemption claimed in § 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 § 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. 

* * * * * 

■ 19. Appendix A to Part 4 is revised 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 

paragraph (1) of this appendix. 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 § 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. 


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1The foregoing officials have sole authority under 

§ 4.7(c) to deny requests for records in any respect, 

including, for example, denying requests for 

reduction or waiver of fees. 

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:// 

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) 975–5301; 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: 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. 

■ 20. Appendix B to Part 4 is revised 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,1 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. 

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: Freedom of 

Information Act Officer 

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, 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 


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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 

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 TECNOLOGY 

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 

Operations 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. 2014–24598 Filed 10–17–14; 8:45 am] 

BILLING CODE 3510–17–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket Number USCG–2013–0819] 

RIN 1625–AA01 

Anchorage; Ashley River Anchorage, 

Ashley River, Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is modifying 

the special anchorage area located on 

the Ashley River, in Charleston, SC. 

This change is necessary to 

accommodate the expansion of the 

Charleston City Marina and to meet 

special anchorage area requirements. 

This change will ensure that there is 

sufficient space to accommodate vessels 

desiring to anchor in the area, while 

allowing a sufficient buffer between the 

federal channel and special anchorage. 

DATES: This rule is effective November 

19, 2014. 


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