17090 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 2 

RIN 1090–AA61 

Amendment to the Freedom of 

Information Act Regulations 

AGENCY: Office of the Secretary, Interior. 

ACTION: Direct final rule. 

SUMMARY: This document amends the 

Department of the Interior’s (DOI) 

regulations implementing the Freedom 

of Information Act (FOIA), 5 U.S.C. 552. 

In particular, it: clarifies the time limit 

that requesters have for filing FOIA 

appeals; clarifies that requesters must 

include the required documentation 

with their appeals or their appeals may 

be rejected by the FOIA Appeals Officer; 

clarifies that requesters must file a FOIA 

request with each separate bureau/office 

from which they are seeking records; 

changes the language regarding requests 

for expedited processing to be 

consistent with the language used in the 

FOIA including removing a paragraph 

in that section pertaining to ‘‘due 

process rights;’’ makes the use of 

multitrack processing mandatory for all 

bureaus and offices; advises requesters 

that they may contact the bureau/ 

office’s FOIA Requester Service Center 

and the FOIA Public Liaison concerning 

the status of their requests; and includes 

current contact information for DOI’s 

FOIA and Public Affairs/Office of 

Communications Contacts and its 

reading rooms (Headquarters). 

Additionally, the final rule revises the 

definitions of the terms: ‘‘representative 

of the news media’’ and ‘‘freelance 

journalist’’ in accordance with the 

Openness Promotes Effectiveness in Our 

National (OPEN) Government Act of 

2007 (December 31, 2007). The term 

‘‘news’’ is defined within the term 

‘‘representative of the news media.’’ 

DATES: With the exception of § 2.3(k) 

and (r), this rule is effective May 14, 

2009. Section 2.3(k) and (r) have been 

revised consistent with the OPEN 

Government Act of 2007 and are 

effective May 29, 2009 without further 

action unless significant adverse 

comments are received by May 14, 2009. 

If significant adverse comments to 

§ 2.3(k) and (r) comments are received, 

DOI will publish a timely withdrawal of 

these paragraphs in the Federal 

Register. 

ADDRESSES: You may submit comments, 

identified by the number 1090–AA61, 

on the portions of this rule identified in 

Part II, Procedural Matters and Required 

Documentation, that have not 

previously been published for review by 

any of the following methods: 

—Federal rulemaking portal: http:// 

www.regulations.gov [Follow the 

instructions for submitting 

comments]; or 

—Mail or hand delivery: OCIO/DOI, 

1849 C Street, NW., Room 7456–MIB, 

Washington, DC 20240. 

FOR FURTHER INFORMATION CONTACT: 

Alexandra Mallus, Office of the Chief 

Information Officer, MS–7438, Main 

Interior Building, 1849 C Street, NW., 

Washington, DC 20240; Telephone (202) 

208–5342. E-Mail: 

Alexandra_Mallus@ios.doi.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of the Interior 

published a final rule in the Federal 

Register on October 21, 2002, revising 

its regulations implementing the FOIA, 

43 CFR part 2. In this publication, the 

language used in § 2.21(d)(6), ‘‘How will 

the bureau respond to my request?’’ and 

the language used in § 2.29, ‘‘How long 

do I have to file an appeal?’’ were 

inconsistent with each other concerning 

the timeframe for filing an appeal. This 

rule clarifies the 2002 final rule by 

noting that appeals must be received by 

the FOIA Appeals Officer no later than 

30 workdays from the date of the final 

response. Additionally, this rule 

clarifies that a requester’s failure to 

include all correspondence between 

himself/herself and the bureau 

concerning his/her FOIA request will 

result in the Department’s rejection of 

the appeal unless the FOIA Appeals 

Officer determines that good cause 

exists to accept the defective appeal. 

This rule also changes § 2.22, ‘‘What 

happens if a bureau receives a request 

for records it does not have or did not 

create?’’ to eliminate paragraph (a)(1) of 

§ 2.22, which has been construed by 

some courts to require bureaus that had 

received a FOIA request to refer the 

request to another bureau for a search of 

its records, regardless of whether the 

bureau that received the request had 

responsive records. The result of this 

change is that FOIA requesters must 

submit their requests in accordance 

with § 2.10, which requires that the 

FOIA requester specify which bureau’s 

records are being sought or, at a 

minimum, specify when the FOIA 

requester is seeking the records of more 

than one bureau. 

Consistent with EO 13392, this rule 

adds a new paragraph (c) to § 2.12, 

‘‘When can I expect the response?’’ 

advising requesters that they may 

contact the bureau/office’s FOIA 

Requester Service Center and the FOIA 

Public Liaison concerning the status of 

their requests. Additionally, the 

language in §§ 2.3 and 2.14 regarding 

expedited processing has been amended 

to reflect the FOIA’s statutory language; 

therefore, the term ‘‘exceptional need’’ 

has been replaced with ‘‘compelling 

need,’’ and paragraph (a)(3) in § 2.14 

pertaining to ‘‘due process rights’’ has 

been removed. 

This rule also revises the language in 

§ 2.26, ‘‘Does the bureau provide 

multitrack processing of FOIA 

requests?’’ to make the use of multitrack 

processing mandatory for all bureaus 

and offices within the Department and 

remind the bureaus of the statutory 

requirement of due diligence. 

Appendix A to part 2, Department of 

the Interior FOIA and Public Affairs 

Contacts and Reading Rooms, has been 

updated to include current contact 

information for DOI’s FOIA and Public 

Affairs/Office of Communications 

Contacts and its reading rooms 

(Headquarters) and to delete the FOIA 

contacts and reading rooms for the field 

offices. In the future, bureaus/offices 

will maintain information pertaining to 

the field offices on their FOIA Web sites 

to ensure that their contact information 

is accurate and current. 

Finally, this final rule revises the 

definition of the terms ‘‘representative 

of the news media’’ and ‘‘freelance 

journalist’’ (§ 2.3(k) and § 2.3(r)) in 

accordance with the OPEN Government 

Act of 2007 (December 31, 2007). 

II. Procedural Matters and Required 

Documentation 

Administrative Procedure Act 

On October 25, 2007, DOI published 

a proposed rule that revised its existing 

regulations under the FOIA. See 72 FR 

60611, October 25, 2007. Interested 

persons were afforded an opportunity to 

participate in the rulemaking through 

submission of written comments on the 

proposed rule. The Department did not 

receive any comments from the public 

in response to its proposed rule. 

Accordingly, those provisions 

previously published are now final. 

Additionally, the Department is 

publishing, as a direct final rule three 

additional administrative updates: (1) 

The contact information in Appendix A 

to part 2, Department of the Interior 

FOIA and Public Affairs Contacts and 

Reading Rooms; (2) incorporation of the 

definitions for the terms ‘‘representative 

of the news media’’ and ‘‘freelance 

journalist’’ in accordance with the 

OPEN Government Act of 2007; and (3) 

one technical change to § 2.29(a), which 

Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17091 

clarifies the time appellants have to file 

an appeal. 

Executive Order 12866—Regulatory 

Planning and Review 

This document is not a significant 

rule and the Office of Management and 

Budget has not reviewed this rule under 

Executive Order 12866. We have made 

the assessments required by Executive 

Order 12866 and have determined that 

this rule will not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments, or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights or 

obligations of their recipients; or 

(4) Raise novel legal or policy issues. 

Regulatory Flexibility Act 

DOI certifies that this regulation will 

not have a significant economic impact 

on a substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 606(b)). Under the FOIA, 

agencies may recover only the direct 

costs of searching for, reviewing, and 

duplicating the records processed for 

requesters. Thus, fees assessed by DOI 

are nominal. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule will not result in an annual 

effect on the economy of more than 

$100 million per year; a major increase 

in costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; or significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or on the ability of U.S.- 

based companies to compete with 

foreign-based enterprises. It deals 

strictly with implementation of the 

FOIA within DOI. 

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments, or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or tribal 

governments, or the private sector. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act (2 

U.S.C. 1531 et seq.). 

Executive Order 12630—Takings 

In accordance with Executive Order 

12630, this rule does not have any 

takings implications. It deals strictly 

with implementation of the FOIA 

within DOI. Therefore, a takings 

assessment is not required. 

Executive Order 13132—Federalism 

In accordance with Executive Order 

13132, this rule does not have 

Federalism implications as it deals 

strictly with implementation of the 

FOIA within DOI. Therefore, a 

Federalism assessment is not required. 

Executive Order 12988—Civil Justice 

Reform 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that this rule does not 

unduly burden the judicial system and 

the requirements of sections 3(a) and 

3(b)(2) of the Order. 

Paperwork Reduction Act 

This rule does not contain any 

information collection requirements for 

which OMB approval under the 

Paperwork Reduction Act (44 U.S.C. 

3501–3520) is required. 

National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the National 

Environmental Policy Act (42 U.S.C. 

4321–4347) of 1969 is not required. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy 

Executive Order 13211 requires 

agencies to prepare Statements of 

Energy Effects when undertaking certain 

actions. As this rule is not expected to 

significantly affect energy supplies, 

distribution, or use, this action is not a 

significant energy action and no 

Statement of Energy Effects is required. 

Clarity of This Regulation 

Executive Order 12866 requires each 

agency to write regulations that are easy 

to understand. We invite your 

comments on how to make this rule 

easier to understand, including answers 

to such questions such as the following: 

(1) Are the requirements in the rule 

clearly stated? 

(2) Does the rule contain technical 

language or jargon that interferes with 

its clarity? 

(3) Does the format of the rule 

(grouping and order of sections, use of 

headings, paragraphing, etc.) aid or 

reduce its clarity? 

(4) Would the rule be easier to 

understand if it were divided into more 

(but shorter) sections? (A ‘‘section’’ 

appears in bold type and is preceded by 

the symbol ‘‘§’’ and a numbered 

heading; for example, ‘‘§ 2.7 What do I 

need to know before filing a FOIA 

request?’’) 

(5) Is the description of the rule in the 

SUPPLEMENTARY INFORMATION section of 

the preamble helpful in understanding 

the proposed rule? What else could we 

do to make the rule easier to 

understand? 

Send a copy of any comments that 

concern how we could make this rule 

easier to understand to: Office of 

Regulatory Affairs, Department of the 

Interior, 1849 C Street, NW., MS–7229– 

MIB, Washington, DC 20240. 

List of Subjects in 43 CFR Part 2 

Administrative practice and 

procedure, Classified information, 

Courts, Freedom of information, 

Government employees, Privacy. 

Dated: February 26, 2009. 

Pamela K. Haze, 

Acting Assistant Secretary, Policy, 

Management and Budget. 

■ For the reasons given in the preamble, 

we hereby amend part 2 of title 43 of the 

Code of Federal Regulations, as set forth 

below: 

PART 2—RECORDS AND TESTIMONY: 

FREEDOM OF INFORMATION ACT 

■ 1. The authority citation for part 2 

continues to read as follows: 

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

U.S.C. 9701; and 43 U.S.C. 1460 

Subpart A—General Information 

■ 2. In § 2.3, revise paragraphs (i), (k), 

and (r) to read as follows: 

§ 2.3 What terms do I need to know? 

* * * * * 

(i) Expedited processing means giving 

a FOIA request priority, and processing 

it ahead of other requests pending in the 

bureau because a requester has shown a 

compelling need for the records (see 

§ 2.14). 

* * * * * 

(k) Free-lance journalist means an 

individual who is regarded as working 

for a news-media entity because he/she 

can demonstrate a solid basis for 

expecting publication through that 

entity, whether or not the journalist is 

actually employed by that entity. A 

publication contract would present a 

17092 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

solid basis for such an expectation; the 

Government may also consider the past 

publication record of the requester in 

making such a determination. 

* * * * * 

(r) Representative of the news media 

means any person or entity that gathers 

information of potential interest to a 

segment of the public, uses its editorial 

skills to turn the raw materials into a 

distinct work, and distributes that work 

to an audience. The term ‘news’ means 

information that is about current events 

or that would be of current interest to 

the public. Examples of news-media 

entities are newspapers, television or 

radio stations broadcasting to the public 

at large, and publishers of periodicals 

(but only if such entities qualify as 

disseminators of ‘news’) who make their 

products available for purchase by or 

subscription by or free distribution to 

the general public. These examples are 

not all inclusive. As methods of news 

delivery evolve (for example, the 

adoption of the electronic dissemination 

of newspapers through 

telecommunication services), such 

alternative media will be considered to 

be news-media entities. 

Subpart C—Requests for Records 

under the FOIA 

■ 3. In § 2.12, add a new paragraph (c) 

to read as follows: 

§ 2.12 When can I get the response? 

* * * * * 

(c) Determining the status of your 

request. To determine the status of your 

request, you should call, fax, or email 

the point of contact provided in the 

bureau/office’s acknowledgment letter 

to you, referencing the FOIA control 

number assigned to your request. You 

may also contact the appropriate FOIA 

Requester Service Center. If you are 

dissatisfied with the FOIA Requester 

Service Center’s response, you may 

contact the bureau/office’s FOIA Public 

Liaison to resolve the issue. (The 

relevant names and telephone numbers 

are listed at http://www.doi.gov/foia/ 

liaison.html). 

■ 4. In § 2.14, revise paragraph (a) to 

read as follows: 

§ 2.14 When can I get expedited 

processing? 

(a) A bureau will provide expedited 

processing when you request it if you 

demonstrate to the satisfaction of the 

bureau that there is a compelling need 

for the records. The following 

circumstances demonstrate a 

compelling need: 

(1) Where failure to expedite the 

request could reasonably be expected to 

pose an imminent threat to the life or 

physical safety of an individual; or 

(2) An urgency to inform the public 

about an actual or alleged Federal 

Government activity if the request is 

made by a person primarily engaged in 

disseminating information. In most 

situations, a person primarily engaged 

in disseminating information will be a 

representative of the news media. The 

requested information must be the type 

of information which has particular 

value that will be lost if not 

disseminated quickly, and ordinarily 

refers to a breaking news story of 

general public interest. Therefore, 

information of historical interest only, 

or information sought for litigation or 

commercial activities, would not 

qualify, nor would a news media 

deadline unrelated to breaking news. 

* * * * * 

■ 5. In § 2.21, revise paragraph (d)(6) to 

read as follows: 

§ 2.21 How will the bureau respond to my 

request? 

* * * * * 

(d) * * * 

(6) A statement that the denial may be 

appealed to the FOIA Appeals Officer 

(see Appendix A to this Part), in 

accordance with the requirements in 

§ 2.29. 

* * * * * 

■ 6. In § 2.22, revise paragraph (a) to 

read as follows: 

§ 2.22 What happens if a bureau receives 

a request for records it does not have or did 

not create? 

(a) Consultations/referrals within DOI. 

If a bureau (other than the Office of 

Inspector General) receives a request for 

records in its possession that another 

bureau created or is substantially 

concerned with, it will consult with the 

other bureau before deciding whether to 

release or withhold the records. 

Alternatively, the bureau may refer the 

request, along with the records, to that 

bureau for direct response. The bureau 

that received the request will notify you 

of the referral in writing, along with the 

name of a contact in the other bureau(s) 

to which the referral was made. A 

referral does not restart the statutory 

time limit for responding to your 

request. 

* * * * * 

■ 7. Revise § 2.26 to read as follows: 

§ 2.26 Does the bureau provide multitrack 

processing of FOIA requests? 

(a) All bureaus will use three 

processing tracks to distinguish between 

simple, normal, and complex requests 

based on the amount of time needed to 

process the request. FOIA requests will 

be placed in one of the following tracks: 

(1) Simple: 1–5 workdays; 

(2) Normal: 20 workdays; or 

(3) Complex: Over 20 workdays. 

(b) Bureaus will exercise due 

diligence in processing requests in 

accordance with the requirements of the 

FOIA. Requesters should assume, unless 

notified by the bureau, that their request 

is in the ‘‘Normal’’ track. 

(c) A bureau should, if possible, give 

requesters in its ‘‘Complex’’ track the 

opportunity to limit the scope of their 

request in order to qualify for faster 

processing. A bureau doing so will 

contact the requester by telephone 

(which should be promptly followed up 

by a written communication) or in 

writing, whichever is more efficient in 

each case. 

(d) See the Department’s FOIA home 

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

policy.html for details. 

Subpart D—FOIA Appeals 

■ 8. Revise § 2.29 to read as follows: 

§ 2.29 How long do I have to file an 

appeal? 

(a) Appeals covered by § 2.28(a)(1), 

(2), (4), and (5). Your FOIA appeal must 

be received by the FOIA Appeals Officer 

no later than 30 workdays from the date 

of the final response. 

(b) Appeals covered by § 2.28(a)(3). 

You may file an appeal any time after 

the time limit for responding to your 

request has passed. 

(c) Appeals covered by § 2.28(a)(6). 

Your FOIA appeal must be received by 

the FOIA Appeals Officer no later than 

30 workdays from the date of the letter 

denying the fee waiver. 

(d) Appeals covered by § 2.28(a)(7). 

You should file an appeal as soon as 

possible. 

(e) Appeals arriving or delivered after 

5 p.m. E.T., Monday through Friday, 

will be deemed received on the next 

workday. 

■ 9. In § 2.30, revise paragraph (b) to 

read as follows: 

§ 2.30 How do I file an appeal? 

* * * * * 

(b) You must include with your 

appeal copies of all correspondence 

between you and the bureau concerning 

your FOIA request, including your 

request and the bureau’s response (if 

there is one). Failure to include with 

your appeal all correspondence between 

you and the bureau will result in the 

Department’s rejection of your appeal, 

unless the FOIA Appeals Officer 

determines, in the FOIA Appeal 

Officer’s sole discretion, that good cause 

Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17093 

exists to accept the defective appeal. 

The time limits for responding to your 

appeal will not begin to run until the 

documents are received. 

* * * * * 

■ 10. Appendix A to part 2 is revised to 

read as follows: 

Appendix A to Part 2—Department of 

the Interior FOIA and Public Affairs 

Contacts, and Reading Rooms 

Departmental 

Departmental FOIA Officer 

Senior FOIA Program Officer 

‘‘Policy Only-No Requests’’ 

MS–7438–MIB 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (202) 208–5342 

(202) 208–5412 

Fax No. (202) 208–6867, (202) 501–2622 

Departmental FOIA/Privacy Act Appeals Officer 

MS–6556–MIB 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (202) 208–5339 

Fax No. (202) 208–6677 

Departmental Privacy Officer 

MS–7438–MIB 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (202) 208–3909 

Fax No. (202) 208–6867 

Public Affairs Office 

Office of Communications 

MS–6013, MIB 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (202) 208–6416 

Fax No. (202) 208–5133 

Reading Room—DOI’s Library 

MIB (C Street Entrance) 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (202) 208–5815 

Fax No. (202) 208–6773 

Office of the Secretary 

FOIA Officer 

MS–116, SIB 

1951 Constitution Ave., NW. 

Washington, DC 20240 

Telephone No. (202) 565–1076 

Fax No. (202) 219–2374 

Public Affairs Office 

Office of Communications 

MS–6013, MIB 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (202) 208–6416 

Fax No. (202) 208–5133 

Reading Room—DOI’s Library 

MIB (C Street Entrance) 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (202) 208–5815 

Fax No. (202) 208–6773 

Office of Inspector General 

FOIA Officer 

MS–4428, MIB 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (703) 487–5436 

Fax No. (703) 487–5406 

Public Affairs Office 

MS–4428, MIB 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (202) 513–0326 

Fax No. (202) 219–3856 

Reading Room 

Room 4428, MIB 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (703) 487–5443 

Fax No. (703) 487–5400 

Office of the Solicitor (SOL) Headquarters 

FOIA Officer 

MS–6556, MIB 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (202) 208–6221 

Fax No. (202) 208–5206 

Public Affairs Office 

Office of Communications 

MS–6013, MIB 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (202) 208–6416 

Fax No. (202) 208–3231 

Reading Room 

Room 2328, MIB 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (202) 208–6505 

Fax No. (202) 208–5206 

Fish & Wildlife Service (FWS) Headquarters 

FOIA Officer 

Arlington Square, Room 380 

4401 North Fairfax Dr. 

Arlington, VA 22203 

Telephone No. (703) 358–2504 

Fax No. (703) 358–2251 

Public Affairs Office 

Arlington Square, MS–330 

4401 North Fairfax Dr. 

Arlington, VA 22203 

Telephone No. (703) 358–2220 

Fax No. (703) 358–1930 

Reading Room 

Arlington Square, MS–380 

4401 North Fairfax Dr. 

Arlington, VA 22203 

Telephone No. (703) 358–2504 

Fax No. (703) 358–2251 

National Park Service (NPS) Headquarters 

FOIA Officer 

Office of the CIO 

Org Code 2550 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (202) 354–1925 

Fax No. (202) 371–5584 

Public Affairs Office 

P.O. Box 37127 

Washington, DC 20013–7127 

Telephone No. (202) 208–6843 

Fax No. (202) 219–0910 

Reading Room 

Contact: NPS FOIA Officer 

1201 Eye St., NW. 

8th Floor 

Washington, DC 20005 

Telephone No. (202) 354–1925 

Fax No. (202) 371–5584 

17094 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

Bureau of Land Management (BLM) Headquarters 

FOIA Officer 

MS–WO–560 

1620 L St., NW., Room 750 

Washington, DC 20240 

Telephone No. (202) 452–5013 

Fax No. (202) 452–5002 

Public Affairs Office 

MS–WO–610 

1620 L St., NW., Room 406 

Washington, DC 20240 

Telephone No. (202) 452–5125 

Fax No. (202) 452–5124 

Reading Room 

1620 L St., NW.—Room 750 

Washington, DC 20240 

Telephone No. (202) 452–5193 

Fax No. (202) 452–0395 

Minerals Management Service (MMS) Headquarters 

FOIA Officer 

381 Elden St. MS–2200 

Herndon, VA 20170–4817 

Telephone No. (703) 787–1689 

Fax No. (703) 787–1207 

Public Affairs Office 

Office of Communications 

1849 C St., NW., MS–4230 

Washington, DC 20240 

Telephone No. (202) 208–3985 

Fax No. (202) 208–3968 

Reading Room 

Public Information Office 

1201 Elmwood Park Blvd. 

New Orleans, LA 70123–2394 

Telephone No. (800) 200–GULF 

Fax No. (504) 736–2620 

Office of Surface Mining (OSM) Headquarters 

FOIA Officer 

MS–130, SIB 

1951 Constitution Ave., NW. 

Washington, DC 20240 

Telephone No. (202) 208–2961 

Fax No. (202) 219–3092 

Office of Communications 

MS–262, SIB 

1951 Constitution Ave., NW. 

Washington, DC 20240 

Telephone No. (202) 208–2565 

Fax No. (202) 501–0549 

Reading Room 

Contact: OSM FOIA Officer 

Room 263, SIB 

1951 Constitution Ave., NW. 

Washington, DC 20240 

Telephone No. (202) 208–2961 

Fax No. (202) 501–4734 

U.S. Geological Survey (USGS) Headquarters 

FOIA Officer 

12201 Sunrise Valley Dr., MS–807 

Reston, VA 20192 

Telephone No. (703) 648–7158 

Fax No. (703) 648–6853 

Office of Communications 

12201 Sunrise Valley Dr., MS–119 

Reston, VA 20192 

Telephone No. (703) 648–4460 

Fax No. (703) 648–4466 

Reading Room 

USGS Library 

12201 Sunrise Valley Dr. 

Reston, VA 20192 

Telephone No. (703) 648–4302 

Fax No. (703) 648–6373 

Bureau of Reclamation (BOR) Headquarters 

FOIA Officer 

P.O. Box 25007, 84–21300 

Denver, CO 80225–0007 

Telephone No. (303) 445–2048 

Fax No. (303) 445–6575 

Public Affairs Office 

P.O. Box 25007, 82–40000 

Denver, CO 80225–0007 

Telephone No. (303) 236–7000 

Fax No. (303) 236–9235 

Reading Room 

Reclamation Library 

P.O. Box 25007, 84–27960 

Denver, CO 80225–0007 

Telephone No. (303) 445–2072 

Fax No. (303) 445–6303 

Bureau of Indian Affairs (BIA) Headquarters 

FOIA Officer 

MS–3071, MIB 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (202) 208–4542 

Fax No. (202) 208–6597 

Public Affairs Office 

MS–3658, MIB 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (202) 208–3710 

Fax No. (202) 501–1516 

Reading Room 

Room 3071, MIB 

1849 C St., NW. 

Washington, DC 20240 

Telephone No. (202) 513–0883 

Fax No. (202) 208–6597 

Note: For more information on FOIA, 

including the most current listing of FOIA 

Contacts and reading rooms, visit DOI’s FOIA 

Web site at http://www.doi.gov/foia/. 

Henceforth, contact information will be 

maintained and updated on DOI’s FOIA Web 

site. If you do not have access to the Web, 

please contact the appropriate bureau FOIA 

Officer or the Departmental FOIA Office. 

Dated: April 6, 2009. 

[FR Doc. E9–8206 Filed 4–13–09; 8:45 am] 

BILLING CODE 4310–RK–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8069] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date.