Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Proposed Rules 99799 

1CEQ, Freedom of Information Act Procedures; 

Final Rule, 42 FR 65158 (Dec. 30, 1977). 

2CEQ, Revision of Freedom of Information Act 

Regulations, 75 FR 48585 (Sept. 10, 2010). 

3Template for Agency FOIA Regulations 

(February 22, 2017), https://www.justice.gov/oip/ 

template-agency-foia-regulations. 

4See, e.g., E.O. 13563, Improving Regulation and 

Regulatory Review, (Jan. 18, 2011) (‘‘regulations 

[must be] accessible, consistent, written in plain 

language, and easy to understand’’), 76 FR 3821 

(Jan. 21, 2011). 

5Federal Plain Language Guidelines (1st rev. May 

2011), https://www.plainlanguage.gov/media/

FederalPLGuidelines.pdf. 

6 Department of Justice, Freedom of Information 

Act Guidelines (March 15, 2022), https://

www.justice.gov/media/1212566/dl. 

being taken here, this action is expected 

to have a neutral to positive impact on 

the air quality of the affected area. In 

addition, there is no information in the 

record upon which this decision is 

based that is inconsistent with the 

stated goal of Executive Order 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

In addition, this proposed 

rulemaking, for the redesignation and 

approval of the maintenance plan for 

the Allegheny County NAA, does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and the EPA notes 

that it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Adam Ortiz, 

Regional Administrator, Region III. 

[FR Doc. 2024–28536 Filed 12–10–24; 8:45 am] 

BILLING CODE 6560–50–P 

COUNCIL ON ENVIRONMENTAL 

QUALITY 

40 CFR Parts 1515 and 1516 

[CEQ–2024–001] 

RIN 0331–AA02 

Freedom of Information Act and 

Privacy Act Regulations 

AGENCY: Council on Environmental 

Quality. 

ACTION: Proposed rule. 

SUMMARY: The Council on 

Environmental Quality (CEQ) is 

proposing to amend its Freedom of 

Information Act (FOIA) regulations to 

incorporate amendments to the FOIA set 

forth in the FOIA Improvement Act of 

2016; to conform to guidance for Federal 

agencies from the Department of Justice; 

to make them easier for the public to 

understand and use; and to better reflect 

CEQ’s current policy and practice. 

These proposed regulations reaffirm 

CEQ’s commitment to providing the 

fullest possible disclosure of records to 

the public. In addition, CEQ is 

proposing to amend its regulations 

implementing the Privacy Act of 1974 

(the Privacy Act) to make them easier 

for the public to understand and use 

and to better reflect CEQ’s current 

policy and practice. The proposed 

regulations would also make 

administrative changes, including 

reorganizing, renumbering, and 

renaming the sections of CEQ’s current 

FOIA and Privacy Act regulations. 

DATES: Send comments on or before 

January 10, 2025. 

ADDRESSES: You may submit comments, 

identified by docket number [CEQ– 

2024–0001], by any of the following 

methods: 

• Federal eRulemaking Portal: Visit 

https://www.regulations.gov and follow 

the instructions for submitting 

comments. 

• Fax: 202–456–6546. 

• Mail: Council on Environmental 

Quality, 730 Jackson Place NW, 

Washington, DC 20503. 

Instructions: Your submission must 

include the agency name, ‘‘Council on 

Environmental Quality,’’ and the docket 

number for this rulemaking, [CEQ– 

2024–0001]. CEQ will post your 

comment without change, including any 

personal information you provide, to 

https://www.regulations.gov. Do not 

submit any information you consider to 

be private information, privileged or 

confidential commercial or financial 

information, or other information the 

disclosure of which is restricted by 

statute. 

Docket: For access to the docket, visit 

https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Samuel Roth, Associate General 

Counsel, 202–395–5750, 

Samuel.E.Roth@ceq.eop.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The FOIA 

The FOIA, 5 U.S.C. 552, provides a 

right of access to certain records that 

Federal agencies maintain and control. 

The FOIA directs each Federal agency to 

publish regulations that describe how 

the agency will process FOIA requests it 

receives from members of the public. 

CEQ first adopted its FOIA 

regulations in 1977.1 In 2010, CEQ 

amended its regulation to reflect 

legislative amendments to the FOIA, a 

2009 Presidential Memorandum 

regarding FOIA policy, and additional 

guidance from the Department of Justice 

(DOJ) and the Office of Management and 

Budget (OMB).2 CEQ’s current FOIA 

regulation is codified at 40 CFR part 

1515. 

CEQ is proposing to revise and 

republish its FOIA regulation in its 

entirety in order to make several 

improvements to the current rule. First, 

CEQ is proposing updates to reflect a 

number of important changes to the 

FOIA made by the FOIA Improvement 

Act of 2016 (Pub. L. 114–185). Section 

3(a) of the Act directs each agency to 

review its FOIA regulations and update 

them to implement the changes set forth 

in the Act. Second, CEQ is proposing to 

include a number of provisions to 

improve the usefulness and readability 

of its FOIA regulations consistent with 

DOJ’s 2017 revised Template for Agency 

Regulations (the Template).3 CEQ 

modeled this proposed rule on the 

Template, which also incorporates the 

FOIA Improvement Act of 2016’s 

amendments to the FOIA. 

Third, CEQ is proposing updates to 

better convey the FOIA’s and CEQ’s 

requirements to members of the public 

who are interested in CEQ’s operations 

and activities, so they can easily 

understand and use CEQ’s FOIA 

process.4 Specifically, CEQ referred to 

the Plain Writing Act of 2010 and the 

Federal Plain Language Guidelines 5 in 

preparing the proposed rule. 

Finally, the proposed rule reflects 

updates to CEQ’s FOIA policies and 

procedures, as well as the practical 

experience of CEQ’s FOIA staff. As it 

does under its current regulations, CEQ 

would administer the FOIA under the 

proposed regulations with a 

presumption of openness, consistent 

with the Memorandum of the Attorney 

General dated March 15, 2022.6

B. The Privacy Act 

The Privacy Act, 5 U.S.C. 552a, 

governs each Federal agency’s 


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7CEQ, Procedures for Gaining Access to 

Information Under the Privacy Act of 1974; Final 

Regulations, 42 FR 32537 (June 27, 1977); see also 

Procedures for Gaining Access to Information 

Under the Privacy Act of 1974, Correction to Final 

Regulations, 42 FR 35960 (July 13, 1977) (technical 

amendment). 

collection, maintenance, use, and 

dissemination of any information about 

individuals that it maintains in a system 

of records. The Privacy Act directs each 

Federal agency to publish regulations 

that describe the agency’s procedures 

for carrying out the provisions of the 

Privacy Act. CEQ first adopted a Privacy 

Act regulation in 1977,7 codified at 40 

CFR part 1516. 

CEQ is proposing to revise and 

republish its Privacy Act regulation in 

its entirety to make it easier for the 

public to understand and use and to 

reflect updates to CEQ’s Privacy Act 

procedures over the past five decades. 

II. Summary of the Proposed Rules 

A. Part 1515—Freedom of Information 

Act Procedures 

1. Subpart A—The Council on 

Environmental Quality’s FOIA Program 

Section 1515.1—What is the purpose 

of the rules in this part? This section 

describes the purpose of part 1515, 

which is to set forth CEQ’s FOIA 

procedures, and explains the limitations 

of the regulations. 

Section 1515.2—What kind of records 

does CEQ maintain? This section 

explains CEQ’s activities and legal 

authorities. 

Section 1515.3—Are there any CEQ 

records for which I do not have to make 

a request? This section describes CEQ 

information the public can access 

without filing a FOIA request. 

Section 1515.4—Who is responsible 

for processing FOIA requests and 

appeals to CEQ? This section explains 

the roles of Chief FOIA Officer and 

FOIA Appeals Officer at CEQ. 

Section 1515.5—Who can help me 

with my FOIA request to CEQ? This 

section explains that FOIA requesters 

can obtain assistance from CEQ’s FOIA 

Public Liaison and dispute resolution 

services from the National Archives and 

Records Administration’s Office of 

Government Information Services. 

Section 1515.6—What are CEQ’s 

procedures for preserving records? This 

section explains CEQ’s procedures for 

preserving records in connection with 

its administration of the FOIA. 

2. Subpart B—Making a FOIA Request 

and Receiving a Response 

Section 1515.11—How do I make a 

FOIA request to CEQ? This section 

explains how members of the public 

may request CEQ records under the 

FOIA. It also describes CEQ’s 

procedures for clarifying requests that 

do not reasonably describe the records 

that the requester is seeking. 

Section 1515.12—Will CEQ keep my 

request confidential? This section notes 

that FOIA requests and the identities of 

FOIA requesters are generally matters of 

public record. 

Section 1515.13—When will CEQ 

respond to my request? This section 

describes CEQ’s timeline for responding 

to FOIA requests, including 

circumstances in which CEQ will 

extend or pause the ordinary time 

period for processing FOIA requests. 

Section 1515.14—What if my request 

is urgent? This section explains how to 

ask CEQ to expedite its processing of a 

FOIA request or appeal. 

Section 1515.15—How will CEQ 

process my request? This section 

describes CEQ’s procedures for 

processing requests and circumstances 

in which CEQ will deny requests. 

Section 1515.16—How does CEQ 

determine when to withhold records or 

portions of a record? This section 

describes CEQ’s procedures for applying 

the statutory exemptions from 

disclosure set forth in the FOIA. 

Section 1515.17—What if I request 

records that involve another government 

office or agency? This section describes 

CEQ’s procedures for consulting with 

other Federal agencies regarding 

whether to disclose or withhold 

particular records in response to a FOIA 

request, as well as CEQ’s procedures for 

referring records to another agency for 

processing. 

Section 1515.18—What happens if 

CEQ grants my request in full or in part? 

This section describes CEQ’s procedure 

for disclosing records in response to a 

FOIA request. 

Section 1515.19—What happens if 

CEQ denies my request in full or in part? 

This section describes CEQ’s procedure 

for withholding records in response to 

a FOIA request. 

3. Subpart C—Appealing a FOIA 

Request 

Section 1515.20—Can I appeal CEQ’s 

response to my request? This section 

describes how a FOIA requester may 

appeal a determination that CEQ made 

in processing the requester’s request. 

Section 1515.21—How will CEQ 

process my appeal? This section 

describes CEQ’s procedures for 

upholding, reversing, or modifying a 

prior determination on appeal. 

4. Subpart D—Fees for FOIA Requests 

and Appeals 

Section 1515.31—Can CEQ charge 

fees for processing FOIA requests and 

appeals? This section explains that CEQ 

charges fees for processing FOIA 

requests, but not appeals, and describes 

the rules that CEQ will follow in 

determining whether to charge a fee and 

the amount of the fee. As in CEQ’s 

current FOIA regulation, the provisions 

of this section and the subsequent 

sections reflect OMB’s Uniform 

Freedom of Information Act Fee 

Schedule and Guidelines. 

Section 1515.32—What is the amount 

of the fee for processing a request? This 

section describes how CEQ will 

determine the amount of the fee for 

processing a FOIA request. 

Section 1515.33—Are there any 

exceptions for non-commercial 

requests? This section describes the 

services that CEQ will exclude from the 

calculation of fees for non-commercial 

requesters, in general, and for 

representatives of non-commercial 

scientific institutions, educational 

institutions, and the news media, in 

particular. 

Section 1515.34—Can I apply for a fee 

waiver? This section describes the 

availability of fee waivers and explains 

the criteria CEQ will apply in 

determining whether to grant a fee 

waiver. 

Section 1515.35—When will CEQ 

contact me about fee-related matters? 

This section describes CEQ’s procedures 

for contacting FOIA requesters to 

resolve fee-related matters. 

Section 1515.36—Do I have to pay 

fees if CEQ misses the deadline for 

responding to my request? This section 

describes the circumstances in which 

CEQ will not charge fees for processing 

a FOIA request because CEQ did not 

respond to the request within the time 

period set forth in the FOIA. 

Section 1515.37—When are fees due 

and how do I pay them? This section 

describes when and how FOIA 

requesters must pay fees to CEQ, 

including the circumstances in which 

CEQ may require a FOIA requester to 

pay fees in advance. 

Section 1515.38—What will CEQ do if 

I do not promptly pay the fee? This 

section explains when CEQ will charge 

interest and use debt collection 

procedures. 

5. Subpart E—Confidential Commercial 

Information and Preservation of Records 

Section 1515.41—How does CEQ 

handle confidential commercial 

information? This section implements 

the requirements of Executive Order 


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8 52 FR 23781 (June 25, 1987). 9 67 FR 53461 (Aug. 16, 2002). 

10See E.O. 12866, Regulatory Planning and 

Review, 58 FR 51735, 51737 (Oct. 4, 1993); E.O. 

14094, Modernizing Regulatory Review, 88 FR 

21879, 21879–80 (Apr. 11, 2023); E.O. 13563, 

Improving Regulation and Regulatory Review,76 FR 

3821, 3822 (Jan. 21, 2011). 

11 61 FR 4729 (Feb. 7, 1996). 

(E.O.) 12600, Predisclosure Notification 

Procedures for Confidential Commercial 

Information,8 which directs Federal 

agencies to allow submitters of 

information to designate records that 

contain confidential commercial 

information and to notify submitters 

when a FOIA requester seeks disclosure 

of confidential commercial information. 

B. Part 1516—Privacy Act 

Implementation 

Section 1516.1—What is the purpose 

of these rules? This section describes the 

purpose of part 1516, which is to set 

forth CEQ’s Privacy Act procedures. 

Section 1516.2—What records do 

these rules cover? This section explains 

when part 1516 applies and explains the 

meaning of ‘‘record’’ and ‘‘system of 

records’’ for purposes of part 1516. 

Section 1516.3—When will CEQ 

disclose records about me? This section 

describes the conditions under which 

CEQ will disclose records, which are (1) 

in response to an individual’s request 

for the individual’s own records; (2) as 

part of a routine use of records; or (3) 

pursuant to one of the other bases for 

disclosure that appear in section 3 of the 

Privacy Act, 5 U.S.C. 552a(b). 

Section 1516.4—How can I obtain 

access to CEQ’s records about me? This 

section describes the procedures for an 

individual to request access to the 

individual’s own records. 

Section 1516.5—How can I obtain 

information about how CEQ has used its 

records about me? This section 

describes the procedures for an 

individual to request an accounting of 

disclosures of the individual’s own 

records. 

Section 1516.6—How can I ask CEQ 

to correct my records? This section 

describes the procedures for an 

individual to request an amendment of 

the individual’s own records and 

explains how CEQ will review such a 

request. 

Section 1516.7—How can I appeal 

CEQ’s decision to deny my request to 

access or correct records about me? This 

section describes the procedures for an 

individual to appeal CEQ’s denial of the 

individual’s request to amend the 

individual’s own records. 

Section 1516.8—Will CEQ charge me 

a fee for a copy of my records? This 

section describes the fees CEQ will 

charge for copies of records. 

III. Regulatory Analysis and Notices 

A. Regulatory Flexibility Act and 

Executive Order 13272, Proper 

Consideration of Small Entities in 

Agency Rulemaking 

The Regulatory Flexibility Act (RFA), 

as amended, 5 U.S.C. 601 et seq., and 

E.O. 13272, Proper Consideration of 

Small Entities in Agency Rulemaking,9

require agencies to assess the impacts of 

proposed and final rules on small 

entities. Under the RFA, small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. An agency must prepare 

an Initial Regulatory Flexibility 

Analysis (IRFA) unless it determines 

and certifies that a proposed rule, if 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities. 5 

U.S.C. 605(b). The FOIA authorizes 

Federal agencies to charge fees only to 

certain requesters, and only in order to 

recover the direct costs of searching for, 

reviewing, and duplicating agency 

records. Under the proposed rule, CEQ 

would continue to charge fees in 

accordance with the FOIA and 

guidelines from DOJ and OMB. The 

Privacy Act authorizes Federal agencies 

to charge fees only to individuals, and 

accordingly CEQ will not charge fees 

under the Privacy Act to small entities 

within the meaning of the RFA. 

The fees that CEQ assesses for 

processing FOIA requests are nominal 

and will not have a significant impact 

on a substantial number of small entities 

within the meaning of the RFA. 

Accordingly, CEQ hereby certifies that 

the proposed rule, if finalized, would 

not have a significant economic impact 

on a substantial number of small 

entities. 

B. Unfunded Mandates Reform Act 

Section 201 of the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4, 2 U.S.C. 1531), requires Federal 

agencies to assess the effects of their 

regulatory actions on State, local, and 

Tribal governments, and the private 

sector to the extent that such regulations 

incorporate requirements specifically 

set forth in law. Before promulgating a 

rule that may result in the expenditure 

by a State, Tribal, or local government, 

in the aggregate, or by the private sector 

of $100 million, adjusted annually for 

inflation, in any 1 year, an agency must 

prepare a written statement that assesses 

the effects on State, Tribal, and local 

governments and the private sector. 2 

U.S.C. 1532. This proposed rule would 

apply only to requesters under the FOIA 

or the Privacy Act and would not result 

in expenditures of $100 million or more 

for State, local, and Tribal governments, 

in the aggregate, or the private sector in 

any 1 year. This proposed action also 

would not impose any enforceable duty, 

contain any unfunded mandate, or 

otherwise have any effect on small 

governments subject to the requirements 

of 2 U.S.C. 1531–1538. 

C. Executive Order 12866, Regulatory 

Planning and Review 

E.O. 12866, as supplemented and 

affirmed by E.O. 13563 and amended by 

E.O. 14094, provides that the Office of 

Information and Regulatory Affairs will 

review any regulatory action that 

qualifies as a ‘‘significant regulatory 

action’’ within the meaning of the E.O.10

The proposed rule does not qualify as a 

significant regulatory action. 

D. Executive Order 12988, Civil Justice 

Reform 

Under section 3(a) of E.O. 12988,11

agencies must review their proposed 

regulations to eliminate drafting errors 

and ambiguities, draft them to minimize 

litigation, and provide a clear legal 

standard for affected conduct. Section 

3(b) provides a list of specific matters 

that agencies must consider when 

conducting the review required by 

section 3(a). CEQ has conducted this 

review and determined that this 

proposed rule complies with the 

requirements of E.O. 12988. 

E. Paperwork Reduction Act 

This proposed rule would not impose 

any new information collection burden 

that would require additional review or 

approval by OMB under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq. 

F. National Environmental Policy Act 

(NEPA) 

The National Environmental Policy 

Act of 1969 (NEPA) (Pub. L. 118–5, 42 

U.S.C. 4321 et seq.), as amended, and 

the CEQ regulations that implement 

NEPA, 40 CFR parts 1500 through 1508, 

require consideration of the 

environmental effects of proposed 

actions in agency decision making. 

NEPA provides for three levels of 

review. First, agencies may establish in 

their agency-specific NEPA procedures 

categorical exclusions (CEs) for 

categories of actions that normally do 


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12 40 CFR 1501.4(a). 

13 Id. § 1501.5(a). 

14 Id. § 1501.6. 

15 40 CFR part 1502. 

not have a significant effect on the 

human environment, individually or in 

the aggregate, and apply CEs to 

individual actions, as appropriate.12 If 

an agency proposes to take an action 

that does not fall within a CE but is not 

likely to have significant environmental 

effects (or the significance of whose 

effects is unknown), CEQ’s NEPA 

regulations direct the agency to prepare 

an environmental assessment (EA).13 If, 

as a result of this assessment, the agency 

determines that the proposed action will 

not have significant effects, the agency 

may make a finding of no significant 

impact (FONSI), in which case the 

agency may proceed with the action.14

Otherwise, the agency must prepare an 

environmental impact statement (EIS).15

CEQ has not established a CE for the 

dissemination of information under the 

FOIA; the disclosure of records under 

the Privacy Act; or the preparation, 

revision, and adoption of regulations 

generally. Accordingly, CEQ has 

prepared an EA to determine whether 

the proposed revisions to CEQ’s FOIA 

and Privacy Act regulations would have 

a significant effect on the human 

environment. Because, as set forth 

below, the proposed regulation will 

likely result in a small reduction in the 

use of resources in CEQ’s administration 

of the FOIA and the Privacy Act, CEQ 

proposes finding that the proposed 

regulation will have no significant 

impact on the human environment and 

that it is therefore unnecessary to 

prepare an EIS. 

1. Environmental Assessment 

Purpose and Need: As set forth above 

in the Summary of the Proposed Rule, 

CEQ adopted its FOIA regulations in 

1977 and has not updated them to 

reflect developments in FOIA law, 

policy, and practice since 2010. As 

such, the current regulations fail to 

reflect current FOIA requirements, 

including those set forth in the FOIA 

Improvement Act of 2016. Furthermore, 

CEQ’s current FOIA regulations do not 

conform in all points to the Template 

and the directions in the Plain Writing 

Act of 2010, and do not fully reflect 

CEQ’s current policy and practice with 

respect to the FOIA. Likewise, CEQ 

adopted its Privacy Act regulations in 

1977, and has not updated them since 

that time to reflect updates to CEQ’s 

Privacy Act procedures. 

Proposed Action and Alternatives: A 

summary of the proposed action is set 

forth above in the Summary of the 

Proposed Rule. Under a ‘‘no action’’ 

alternative, CEQ would continue to 

operate under its current regulations, 

addressing inconsistencies between the 

regulations and current law and agency 

procedure on a case-by-case basis. CEQ 

has decided that this approach is 

undesirable because it is confusing to 

the public and requires CEQ staff to 

address inconsistencies between the 

regulation, the law, and agency 

procedure that CEQ can obviate by 

updating the regulation. 

CEQ considered an alternative of 

making only narrowly tailored 

amendments to its current FOIA 

regulations in order to implement the 

FOIA Improvement Act of 2016. While 

this alternative would eliminate direct 

inconsistencies between CEQ’s 

regulations and the FOIA, it would not 

address inconsistencies between CEQ’s 

FOIA regulations, the Template and 

CEQ’s FOIA policies and procedures, or 

inconsistencies between CEQ’s Privacy 

Act regulations and CEQ’s practice in 

implementing the Privacy Act. 

CEQ’s preferred alternative is to 

amend its regulations as proposed in 

this notice of proposed rulemaking, for 

the reasons set forth in parts I and II of 

this preamble. 

Environmental Effects of Alternatives: 

CEQ’s FOIA and Privacy Act programs 

affect the environment primarily 

through requesters’ use of paper and 

energy in submitting requests and CEQ’s 

use of paper and energy in searching for, 

reviewing, and duplicating responsive 

records. CEQ’s use of paper and energy 

for these purposes has remained within 

the range typical of the operations of a 

small office. Currently, CEQ accepts 

FOIA and Privacy Act requests by mail 

and fax, which require the use of paper 

and energy to print and transmit 

requests to CEQ. The proposed 

regulations would direct FOIA and 

Privacy Act requesters to submit their 

requests electronically if they are able to 

do so, thereby reducing the use of paper 

and energy associated with mailed and 

faxed requests. CEQ receives requests by 

fax or mail infrequently, however, so 

any reduction in the use of resources is 

likely to be modest. In addition, by 

improving the public’s timely access to 

information contained in CEQ records, 

the proposed regulations support the 

meaningful involvement of all 

communities, including communities 

with environmental justice concerns, in 

Federal decision-making processes. 

List of Agencies and Persons 

Consulted: CEQ’s NEPA staff reviewed 

and commented on this EA and this 

notice of proposed rulemaking. 

2. Finding of No Significant Impact 

Based on the foregoing EA, which this 

FONSI incorporates by reference, CEQ 

proposes to find that implementation of 

the proposed regulations in this 

document would reduce the use of 

paper and energy resources in CEQ’s 

FOIA and Privacy Act programs, 

streamline CEQ’s FOIA and Privacy Act 

procedures, make CEQ more accessible 

and responsive to the public, and 

improve the opportunity for all 

communities to access information and 

be meaningfully involved in Federal 

decision-making processes. Thus, there 

would be no significant effects 

associated with implementation of the 

proposed action, and it is not necessary 

for CEQ to prepare an EIS. 

CEQ further finds that the proposed 

action is not one that normally requires 

the preparation of an EIS, closely 

similar to such an action, or an action 

without precedent. CEQ invites public 

comment on this environmental 

assessment. 

List of Subjects 

40 CFR Part 1515 

Administrative practice and 

procedures, Courts, Freedom of 

information, Government employees, 

Records. 

40 CFR Part 1516 

Administrative practice and 

procedures, Courts, Government 

employees, Privacy, Records. 

Amy B. Coyle, 

Principal Deputy General Counsel. 

For the reasons discussed in the 

preamble, the Council on 

Environmental Quality proposes to 

revise and republish 40 CFR parts 1515 

and 1516 to read as follows: 

PART 1515—FREEDOM OF 

INFORMATION ACT PROCEDURES 

Subpart A—The Council on Environmental 

Quality’s FOIA Program 

Sec. 

1515.1 What is the purpose of the rules in 

this part? 

1515.2 What kind of records does CEQ 

maintain? 

1515.3 Are there any CEQ records for which 

I do not have to make a request? 

1515.4 Who is responsible for processing 

FOIA requests and appeals to CEQ? 

1515.5 Who can help me with my FOIA 

request to CEQ? 

1515.6 What are CEQ’s procedures for 

preserving records? 

Subpart B—Making a FOIA Request and 

Receiving a Response 

1515.11 How do I make a FOIA request to 

CEQ? 


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1515.12 Will CEQ keep my request 

confidential? 

1515.13 When will CEQ respond to my 

request? 

1515.14 What if my request is urgent? 

1515.15 How will CEQ process my request? 

1515.16 How does CEQ determine when to 

withhold records or portions of a record? 

1515.17 What if I request records that 

involve another government office or 

agency? 

1515.18 What happens if CEQ grants my 

request in full or in part? 

1515.19 What happens if CEQ denies my 

request in full or in part? 

Subpart C—Appealing a FOIA Request 

1515.20 Can I appeal CEQ’s response to my 

request? 

1515.21 How will CEQ process my appeal? 

Subpart D—Fees for FOIA Requests and 

Appeals 

1515.31 Can CEQ charge fees for processing 

FOIA requests and appeals? 

1515.32 What is the amount of the fee for 

processing a request? 

1515.33 Are there any exceptions for noncommercial requests? 

1515.34 Can I apply for a fee waiver? 

1515.35 When will CEQ contact me about 

fee-related matters? 

1515.36 Do I have to pay fees if CEQ misses 

the deadline for responding to my 

request? 

1515.37 When are fees due and how do I 

pay them? 

1515.38 What will CEQ do if I do not 

promptly pay the fee? 

Subpart E—Confidential Commercial 

Information and Preservation of Records 

1515.41 How does CEQ handle confidential 

commercial information? 

Authority: 5 U.S.C. 552; E.O. 13392; Pres. 

Mem. 74 FR 4685. 

Section 1515.41 also issued under E.O. 

12600. 

Subpart A—The Council on 

Environmental Quality’s FOIA Program 

§ 1515.1 What is the purpose of the rules 

in this part? 

(a) This part explains how you, a 

member of the public, may request 

copies of records from the Council on 

Environmental Quality (CEQ) under the 

Freedom of Information Act (the FOIA). 

You can find the text of the FOIA at 5 

U.S.C. 552. 

(b) Nothing in this part entitles you to 

any service or to the disclosure of any 

record to which you are not entitled 

under the FOIA. 

§ 1515.2 What kind of records does CEQ 

maintain? 

CEQ carries out responsibilities under 

the National Environmental Policy Act 

of 1969, as amended (42 U.S.C. 4321– 

4347); the Environmental Quality 

Improvement Act of 1970, as amended 

(42 U.S.C. 4371–4375); Reorganization 

Plan No. 1 of 1977 (July 15, 1977); and 

various Executive orders, among other 

authorities. CEQ maintains certain 

records on these subjects, among others. 

§ 1515.3 Are there any CEQ records for 

which I do not have to make a request? 

Yes. The FOIA requires CEQ to make 

certain records available for public 

inspection online, such as records that 

have been or are likely to become the 

subject of repeated requests. You can 

find those records, together with an 

index, at https://www.whitehouse.gov/ 

ceq/foia/. 

§ 1515.4 Who is responsible for 

processing FOIA requests and appeals to 

CEQ? 

(a) CEQ’s Chief FOIA Officer oversees 

the administration of requests made to 

CEQ under the FOIA. The Chief FOIA 

Officer, or the Chief FOIA Officer’s 

designee, is responsible for processing 

and granting or denying FOIA requests. 

The Chair of CEQ appoints the Chief 

FOIA Officer. 

(b) The Chief FOIA Officer may 

appoint a FOIA Appeals Officer. If the 

Chief FOIA Officer does so, the FOIA 

Appeals Officer or the FOIA Appeals 

Officer’s designee is responsible for 

processing and granting or denying 

FOIA appeals. Otherwise, the Chief 

FOIA Officer or the Chief FOIA Officer’s 

designee is responsible for processing 

FOIA appeals. 

§ 1515.5 Who can help me with my FOIA 

request to CEQ? 

(a) You may contact CEQ’s FOIA 

Public Liaison for assistance with your 

FOIA request, including help in 

formulating your request and 

information about the status of your 

request, or to submit concerns about 

CEQ’s handling of your request. You can 

contact CEQ’s FOIA Public Liaison by 

email at efoia@ceq.eop.gov or by phone 

at 202–395–5750. For additional contact 

information, visit https://www.foia.gov 

and choose ‘‘Council on Environmental 

Quality’’ in the index of government 

agencies. 

(b) If you have a dispute with CEQ 

over its handling of your FOIA request, 

you may contact the National Archives 

and Records Administration’s Office of 

Government Information Services for 

assistance or dispute resolution services 

by calling (202) 741–5770 or visiting 

https://archives.gov/ogis. 

(c) If you are an individual with a 

disability, CEQ will provide you with 

access to and use of information and 

data through its FOIA program that is 

comparable to the access to and use of 

the information and data by members of 

the public who are not individuals with 

disabilities, unless doing so would 

impose an undue burden on CEQ. 

(d) If your proficiency in English is 

limited, CEQ will take steps as 

appropriate to provide you with 

meaningful access to CEQ’s FOIA 

program. 

§ 1515.6 What are CEQ’s procedures for 

preserving records? 

(a) CEQ preserves records pursuant to 

title 44 of the United States Code and 

the Records Schedules issued by the 

Archivist of the United States. 

(b) CEQ will not dispose of or destroy 

agency records that are the subject of a 

pending request, appeal, or lawsuit 

under the FOIA. 

Subpart B—Making a FOIA Request 

and Receiving a Response 

§ 1515.11 How do I make a FOIA request 

to CEQ? 

(a) You must make your request by 

email to efoia@ceq.eop.gov or by 

completing the request form at https:// 

www.foia.gov. If you are not able to 

make your request by either of these 

methods, please contact CEQ’s FOIA 

Public Liaison for assistance. 

(b) When making a request to CEQ, 

you must: 

(1) Include ‘‘Freedom of Information 

Act Request’’ in the subject line if you 

are submitting your request by email. If 

your email includes attachments, you 

must enter your request in the body of 

the email in addition to the attachment. 

(2) Identify or reasonably describe the 

records you are requesting in sufficient 

detail to enable CEQ personnel to locate 

them with a reasonable amount of effort. 

Make your request as specific as you 

can. If possible, include the date (or a 

range of dates), title or name, author, 

recipient, subject matter, case number, 

file designation, or reference number for 

the records you seek. 

(3) Explain if you need CEQ to 

provide the records in a particular form 

or format. CEQ ordinarily provides 

records in Portable Document Format 

(PDF), but CEQ will provide its response 

in the format you request if it is 

reasonably practicable to do so. 

(4) Provide your contact information, 

such as your phone number, your email 

address, or both, so that CEQ is able to 

contact you, as necessary, regarding the 

status of your request and to clarify 

matters related to your request. 

(5) Indicate the maximum amount you 

are willing to pay in fees, as described 

in subpart E of this Part. If you are 

requesting a fee waiver as part of your 

initial request, include the statement 

described at § 1515.34(a). 

(6) If applicable, include a signed 

letter on your institution’s official 


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letterhead, stating that you believe you 

qualify for a reduction of fees, as 

described in § 1515.33, because you are 

a representative of a non-commercial 

scientific institution, a representative of 

an educational institution, or a member 

of the news media. 

(c) If you are requesting information 

that is subject to the Privacy Act of 1974 

(i.e., records about you that CEQ 

maintains in a system of records), you 

must follow the procedures under part 

1516 of this chapter, instead of the 

procedures in this part. 

(d) If you are requesting copies of 

ethics-related documents that CEQ 

makes available pursuant to section 105 

of the Ethics in Government Act of 1978 

(such as CEQ employees’ public 

financial disclosure reports), you must 

follow the procedures at 5 CFR 

2634.603, instead of the procedures in 

this part. For more information, visit the 

U.S. Office of Government Ethics 

website at https://www.oge.gov. 

(e) If CEQ determines that your 

request does not reasonably describe the 

records you are seeking, such that CEQ 

would not be able to locate the records 

you have requested with a reasonable 

amount of effort, CEQ will notify you 

and explain what additional 

information you need to provide 

regarding the records that you seek. 

(1) For example, if you request all 

records related to a broad subject or all 

communications between CEQ and a 

third party, we will generally ask you to 

clarify the scope of your request. 

(2) Furthermore, your request must 

seek existing records of CEQ; we will 

not create new records or compile new 

information in order to respond to a 

FOIA request. 

(3) If you have not provided a way to 

contact you, or you do not respond to 

our inquiry within 30 working days (i.e., 

excepting Saturdays, Sundays, and 

Federal holidays), CEQ will 

administratively close your request. If 

possible, we will notify you of the 

closure. 

§ 1515.12 Will CEQ keep my request 

confidential? 

No, CEQ will not keep your request 

confidential. A FOIA request, including 

the requester’s identity, is generally a 

matter of public record. CEQ publishes 

logs of requests and requesters at 

https://www.whitehouse.gov/ceq/foia/. 

§ 1515.13 When will CEQ respond to my 

request? 

(a) CEQ’s Chief FOIA Officer or the 

Chief FOIA Officer’s designee will make 

an initial determination of how CEQ 

will respond to your request within 20 

working days from the date that CEQ 

received your request, except as 

provided in this section. 

(b) If CEQ is unable to make a 

determination within the 20-day period 

because of ‘‘unusual circumstances,’’ we 

may extend the period of time in which 

we will respond to your request. 

(1) ‘‘Unusual circumstances’’ exist 

when, in order to properly process your 

request, CEQ must search for, collect, 

and appropriately examine a 

voluminous amount of separate and 

distinct records, or CEQ must consult 

with another agency or another 

component of the Executive Office of 

the President. 

(2) In determining whether ‘‘unusual 

circumstances’’ are present, CEQ may 

treat multiple requests on clearly related 

matters from you (or from other persons 

acting in concert with you) as a single 

request. 

(3) Before the conclusion of the 20- 

day period, CEQ will notify you of the 

‘‘unusual circumstances’’ that apply and 

the date by which we estimate we will 

complete processing your request. 

(4) When the extension will exceed 10 

working days, CEQ will provide you the 

opportunity to modify the request or 

arrange an alternative time period for 

processing the original or modified 

request. 

(c) If CEQ reasonably requires 

additional information from you to 

clarify your request or to resolve feerelated matters, we may toll (i.e., pause) 

the 20-day period, or any extension of 

that period, from the date we request 

information from you until the date you 

respond. We will only toll the response 

period one time for the purpose of 

clarifying your request, but we may toll 

the response period more than once to 

resolve fee-related matters. 

§ 1515.14 What if my request is urgent? 

(a) You may ask CEQ to expedite the 

processing of your FOIA request or 

appeal. If CEQ agrees to expedite 

processing of your request or appeal, we 

will process it with priority over nonexpedited requests and appeals and 

respond to you as quickly as possible. 

(b) CEQ will expedite requests or 

appeals if: 

(1) Failing to expedite the request or 

appeal could reasonably be expected to 

pose an imminent threat to the life or 

physical safety of an individual; or 

(2) You are primarily engaged in 

disseminating information (e.g., you are 

a member of the news media), and you 

have an urgent need to inform the 

public about an actual or alleged 

Federal Government activity, beyond 

the public’s right to know about 

government activity generally. 

(c) You may ask for expedited 

processing when you make your initial 

request or appeal, or at any later time. 

(d) In order to ask for expedited 

processing, you must submit a 

statement, certified to be true and 

correct, that explains in detail why your 

request or appeal satisfies the 

requirements of paragraph (b)(1) or 

(b)(2) of this section. If you believe that 

you have an urgent need to inform the 

public about an actual alleged Federal 

Government activity, you should 

provide examples of other coverage of 

the same or related subjects, if possible. 

CEQ may waive the formal certification 

requirement at its discretion. 

(e) CEQ will notify you within 10 

calendar days whether we will grant or 

deny you expedited processing. 

(f) If CEQ denies you expedited 

processing, you may appeal that 

determination using the procedures in 

subpart C of this part. We will process 

your appeal as promptly as we can. 

§ 1515.15 How will CEQ process my 

request? 

(a) If your request does not reasonably 

describe the records you seek; the 

information you have requested is not a 

record subject to FOIA; CEQ has already 

published the information you are 

requesting; or your request does not 

follow the procedures described in the 

regulations in this part, we will deny 

your request in accordance with 

§ 1515.19. 

(b) If your request reasonably 

describes the records you seek and 

otherwise comports with the procedures 

described in this part, CEQ will process 

your request as follows: 

(1) CEQ will acknowledge your 

request in writing and assign it an 

individualized tracking number. The 

written acknowledgment will include 

CEQ’s estimate of the date on which we 

will respond to your request. 

(2) CEQ will search for agency records 

that respond to your request. CEQ 

ordinarily will search records in our 

possession as of the date that we begin 

our search. We will notify you if we use 

a different date. 

(3) If CEQ finds records that you have 

requested, we will determine whether 

grant your request (i.e., provide you 

with the records you have requested) or 

to deny it (i.e., withhold the relevant 

records from disclosure in accordance 

with § 1515.16). 

(4) Once CEQ has determined whether 

to grant your request in full, grant it in 

part and deny it in part, or deny it in 

full, we will notify you of our 

determination in writing. 

(c) If CEQ determines that it has a 

voluminous amount of records 


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responsive to your request, or if your 

request requires CEQ to search for 

records in multiple locations (electronic 

or physical), CEQ may provide you with 

one or more interim responses, releasing 

responsive records to you on a rolling 

basis. 

§ 1515.16 How does CEQ determine when 

to withhold records or portions of a record? 

(a) If CEQ finds records that are 

responsive to your request, we will 

review the records to determine whether 

to withhold any of the records or 

portions of individual records. 

(b) The FOIA identifies nine 

exemptions to the requirement that 

agencies provide agency records upon 

request. CEQ will withhold a record or 

a portion of a record if disclosing it 

would harm an interest that one of these 

FOIA exemptions protects. In 

determining the interests at stake in 

disclosing or withholding CEQ records, 

we bear in mind that Congress, in 

creating CEQ, intended for the CEQ 

Chair to serve as a confidential advisor 

to the President and the President’s 

immediate advisors on matters of 

environmental policy. 

(c) CEQ will also withhold a record, 

or a portion of a record, if disclosing it 

would violate another provision of the 

FOIA or a law other than the FOIA. 

(d) If the record concerns another 

government agency, CEQ generally will 

involve the other agency in determining 

whether to withhold the record or 

portions of the record, using the 

procedures at § 1515.17. 

§ 1515.17 What if I request records that 

involve another government office or 

agency? 

(a) If CEQ determines that any of the 

CEQ records you have requested involve 

another agency in the Federal 

Government, including another 

component of the Executive Office of 

the President, we generally will involve 

the other agency in reviewing that 

record in either of two ways. 

(1) CEQ may consult with the other 

agency regarding the record to obtain 

the other agency’s views on whether the 

record or portions of the record are 

exempt from disclosure under the FOIA. 

We will take the other agency’s views 

into consideration when making a final 

determination of whether to withhold 

the record or any portions of the record. 

(2) CEQ may refer the record to the 

other agency, in which case the other 

agency will determine whether the 

record or portions of the record are 

exempt from disclosure under the FOIA, 

and will respond directly to you 

regarding your request for the record. If 

CEQ determines to refer records you 

have requested to another agency, we 

will notify you of the referral and 

explain how to contact the other 

agency’s FOIA officials. 

(b) CEQ will choose between 

consulting with another agency about a 

record and referring the record to the 

other agency according to the following 

principles: 

(1) Ordinarily, CEQ will use 

consultation procedures for records that 

originated with CEQ but that contain 

information of interest to another 

agency or office, and CEQ will refer 

records that originated with another 

agency to that agency. 

(2) CEQ will typically refer a 

classified record (or a portion of a 

record) or a record that may be 

appropriate for classification to the 

agency that either classified the 

information or should consider the 

information for classification. 

(c) CEQ may make agreements with 

other agencies about how CEQ will 

handle records involving that agency or 

how that agency will handle records 

involving CEQ. Any agreement we make 

will comply with the FOIA and these 

rules. 

§ 1515.18 What happens if CEQ grants my 

request in full or in part? 

Once you have paid the fees that are 

due under subpart E of this part (if any), 

CEQ will promptly provide you with a 

copy of the records you requested, 

except for the records or portions of 

records we have determined to withhold 

under § 1515.16. We will follow the 

procedures in § 1515.19 with respect to 

those records or portions of records. 

§ 1515.19 What happens if CEQ denies my 

request in full or in part? 

(a) CEQ may deny your request in full 

or in part for these reasons, among 

others: 

(1) CEQ determines to withhold all or 

a portion of the records you requested 

under § 1515.16; 

(2) Your request does not reasonably 

describe the records you seek; 

(3) The information you requested is 

not a record subject to the FOIA; 

(4) CEQ has already published the 

information you are requesting; 

(5) The records you requested do not 

exist, cannot be located, or have been 

destroyed; 

(6) The records you requested are not 

readily reproducible in the form or 

format you seek; or 

(7) Your request does not comport 

with the procedures set forth in these 

regulations. 

(b) If CEQ denies your request 

regarding expedited processing or feerelated matters, we will also treat that as 

a denial of your request in part and 

follow the procedures in this section. 

(c) If CEQ determines to deny your 

request in full or in part, we will notify 

you of the basis for the denial. The 

notification will include the following 

information: 

(1) The name and title or position of 

the person responsible for the denial; 

(2) A brief statement of the reasons for 

the denial, including any FOIA 

exemption CEQ applied in determining 

to withhold records (or portions thereof) 

under § 1515.16; 

(3) An estimate of the volume of the 

records CEQ is withholding, unless the 

volume is indicated by markings we 

have made on the records we are 

providing; 

(4) A statement that you may appeal 

the denial to CEQ, under subpart C of 

this part, and an explanation of what 

you must do to appeal; and 

(5) A reminder that you can obtain 

assistance from CEQ’s FOIA Public 

Liaison and dispute resolution services 

from the National Archives and Records 

Administration’s Office of Government 

Information Services. 

(d) For each record CEQ discloses in 

part, we will mark the record clearly to 

show which portions we are 

withholding and the FOIA exemptions 

we applied in determining to withhold 

those portions, unless doing so would 

harm an interest protected by an 

applicable FOIA exemption. If 

technically feasible, we will mark the 

record to indicate the location of the 

portions we are withholding. 

Subpart C—Appealing a FOIA Request 

§ 1515.20 Can I appeal CEQ’s response to 

my request? 

(a) Yes. You may appeal CEQ’s 

response if you disagree with any 

determination that CEQ made in 

responding to your request, including 

CEQ’s determination to deny your 

request in whole or in part, CEQ’s 

determination to deny you expedited 

processing, CEQ’s determination of how 

to conduct the search for records, and 

fee-related determinations. 

(b) CEQ must receive your appeal 

within 90 calendar days of the date on 

which CEQ notified you of the relevant 

determination in writing. 

(c) You must make your appeal by 

email to efoia@ceq.eop.gov. If you are 

not able to make your appeal by email, 

please contact CEQ’s FOIA Public 

Liaison for assistance. 

(1) You must include ‘‘Freedom of 

Information Act Appeal’’ in the subject 

line. If your email includes attachments, 

you also must explain your request in 

the body of the email, in addition to the 

attachment. 


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1 52 FR 10016 (Mar. 27, 1987). 

(2) If you are not able to make your 

appeal by email, please contact CEQ’s 

FOIA Public Liaison for assistance. 

(d) Your appeal must include your 

request’s individualized tracking 

number and must identify the specific 

CEQ determinations you are appealing. 

(e) If you fail to properly appeal a 

determination that CEQ made in 

processing your request, you may lose 

your right to challenge that 

determination in Federal court. 

§ 1515.21 How will CEQ process my 

appeal? 

(a) CEQ will review the 

determinations you have appealed and 

determine if they are consistent with 

applicable law and policy. CEQ will 

conduct this review de novo, which 

means that CEQ will not presume that 

its prior determinations were correct. 

(b) CEQ will respond to your appeal 

within 20 working days from the date 

that CEQ received your appeal. 

(c) If CEQ determines to uphold a 

determination that you have appealed, 

CEQ’s response will: 

(1) Include a statement that identifies 

our reasons for affirming the decision, 

including any FOIA exemption CEQ 

applied in determining to affirm our 

determination to withhold a record or a 

portion of a record; and 

(2) Explain how to challenge our 

determination by filing a lawsuit in 

Federal court and how to seek dispute 

resolution services from the National 

Archives and Records Administration’s 

Office of Government Information 

Services. 

(d) If CEQ determines to reverse or 

modify a determination that you have 

appealed, we will reprocess your 

request in accordance with the reversed 

or modified determination, using the 

procedures set forth at § 1515.15. 

Subpart D—Fees for FOIA Requests 

and Appeals 

§ 1515.31 Can CEQ charge fees for 

processing FOIA requests and appeals? 

(a) Yes. CEQ may charge fees for 

processing your FOIA request. 

(b) CEQ will determine whether to 

charge a fee and the amount of the fee 

by using the rules in this subpart and 

the Office of Management and Budget’s 

Uniform Freedom of Information Act 

Fee Schedule and Guidelines, as 

amended.1

(c) CEQ will not charge fees for 

deciding whether to grant or deny your 

appeal. If CEQ grants your appeal, we 

will charge fees for any additional 

searching, reviewing, or duplication that 

we carry out as a result of your appeal. 

For instance, if you appeal our 

determination of how to conduct the 

search for records, and we grant your 

appeal, we will conduct a new search in 

the manner you requested and will 

charge you fees accordingly. 

§ 1515.32 What is the amount of the fee for 

processing a request? 

(a) CEQ will charge fees equal to: 

(1) The basic hourly rate of pay for 

each employee who participates in 

searching for records, reviewing records, 

or duplicating records (including 

contract employees), multiplied by the 

total number of hours that the employee 

worked on your request (rounded to the 

nearest quarter of an hour), plus 16 

percent (to account for employee 

benefits); plus 

(2) The total direct costs that CEQ 

incurs in searching for, reviewing, or 

duplicating records, such as the cost of 

operating computers and other 

electronic equipment, but excluding 

overhead expenses such as the cost of 

office space, heating, and lighting; plus 

(3) An additional fee equal to the total 

direct costs of any additional services 

that you and CEQ agree upon, such as 

providing multiple copies of a record. 

(b) In determining the fee under 

paragraph (a) of this section, CEQ will 

use the following guidelines: 

(1) ‘‘Searching for records’’ is the 

process of looking for and retrieving the 

records you requested (including by 

electronic search) and determining 

whether individual records contain the 

information that you seek. CEQ will 

charge fees for searching for records 

even if we do not locate any records that 

respond to your request, or even if we 

determine not to disclose any of the 

records that we locate. 

(2) ‘‘Reviewing records’’ is the process 

of examining records to determine 

whether to withhold them, in 

accordance with § 1515.16, and 

preparing records for disclosure (for 

instance, by marking records to indicate 

which portions CEQ is withholding). 

(i) ‘‘Reviewing records’’ also includes 

the time CEQ spends obtaining and 

considering the views of other 

government agencies under § 1515.17 

and the time CEQ spends obtaining and 

considering formal objections to 

disclosure under § 1515.41. 

(ii) ‘‘Reviewing records’’ does not 

include time CEQ spends resolving 

general legal or policy questions 

regarding the application of exemptions. 

(iii) CEQ will charge fees for 

reviewing records even if we determine 

not to disclose any of the records that 

we review. 

(3) ‘‘Duplicating records’’ is the 

process of reproducing records, 

including scanning or printing records 

as necessary, in order to provide you 

with a copy. 

(4) CEQ may include employee costs 

and direct costs that another component 

of the Executive Office of the President 

incurs in assisting CEQ with your 

request. 

(c) CEQ will not charge fees if the 

total is less than $25.00, or if we 

determine that the cost of collecting the 

fee would exceed the amount of the fee. 

(d) If CEQ reasonably determines that 

you (or other persons acting in concert 

with you) have submitted multiple 

requests on related matters for the 

purpose of avoiding fees, we may 

aggregate those requests and charge fees 

accordingly. 

§ 1515.33 Are there any exceptions for 

special requesters? 

(a) Yes. CEQ makes the following 

exceptions for special requesters: 

(1) CEQ will not charge you fees for 

searching for records if you are an 

educational institution, a 

noncommercial scientific institution, or 

a representative of the news media. 

Otherwise, CEQ will not charge you fees 

for the first 2 hours of searching for 

records, unless you are a commercial 

requester. 

(2) CEQ will not charge you fees for 

reviewing records, unless you are a 

commercial requester. 

(3) CEQ will not charge you fees for 

the first 100 pages of duplication (or an 

equivalent cost for duplication in other 

media), unless you are a commercial 

requester. 

(b) For purposes of applying these 

exceptions: 

(1) You are a representative of a noncommercial scientific institution if your 

institution operates solely for the 

purpose of conducting scientific 

research the results of which are not 

intended to promote any particular 

product or industry, and your request is 

in furtherance of scientific research. 

(2) You are a representative of an 

educational institution if you work for 

or study at a school that operates a 

program of scholarly research and your 

request is in furtherance of scholarly 

research. 

(3) You are a representative of the 

news media if you or your employer 

gathers information of potential interest 

to a segment of the public, uses editorial 

skills to turn the raw materials into a 

distinct work, and distributes that work 

to an audience, and your request is in 

furtherance of these activities. For the 

purposes of this paragraph (b)(3), 

‘‘news’’ means information that is about 

events of current interest to the public. 

(i) If you are a freelance journalist, 

CEQ will consider you a representative 


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of the news media if you can 

demonstrate that you have a solid basis 

to expect that a news media entity will 

publish the work to which your request 

relates, such as a publishing contract or 

a strong record of past publications. 

(ii) If you are a representative of the 

news media, CEQ will ordinarily 

presume that your request does not 

primarily further a commercial interest 

for purposes of this section and 

§ 1515.34. 

(4) You are a commercial requester if 

you do not qualify as a special requester 

under paragraphs (b)(1), (b)(2), or (b)(3) 

of this section and your request furthers 

a commercial, trade, or profit interest or 

supports litigation in furtherance of 

those interests. 

(c) If you claim to be a representative 

of a non-commercial scientific 

institution, an educational institution, 

or the news media, CEQ may require 

you to verify your status by providing 

reasonable documentation, such as a 

signed letter on official letterhead. If 

you claim that your request is noncommercial for another reason, CEQ 

may require you to explain why it is 

non-commercial. 

§ 1515.34 Can I apply for a fee waiver? 

(a) Yes. You can apply for a waiver of 

fees (or a reduction of fees) by 

submitting a written statement that 

explains why disclosing the information 

will meet the conditions in paragraph 

(c) of this section. 

(b) You can apply for a fee waiver at 

any time before CEQ completes 

processing your request or an appeal of 

your request. You can apply for a fee 

waiver with respect to a part of the 

records you seek or with respect to all 

of them. 

(c) CEQ will grant you a fee waiver if 

all of the following conditions are met: 

(1) Disclosure of the requested 

information would shed light on the 

operations or activities of the 

government. The connection between 

the subject matter of your request, on 

the one hand, and identifiable 

operations or activities of the Federal 

Government, on the other, must be 

direct and clear, not remote or 

attenuated. 

(2) Disclosure of the requested 

information would likely contribute 

significantly to public understanding of 

those operations or activities, because it 

would satisfy both of the following 

criteria: 

(i) Disclosure of the requested records 

would be meaningfully informative 

about government operations or 

activities. (The disclosure of 

information that already is in the public 

domain, in either the same or a 

substantially identical form, would not 

be meaningfully informative if nothing 

new would be added to the public’s 

understanding.) 

(ii) The disclosure would contribute 

to the understanding of a reasonably 

broad audience of persons interested in 

the subject, as opposed to your own 

individual understanding. (CEQ will 

presume that your request satisfies this 

criterion if you are a representative of 

the news media; otherwise, we will 

consider your expertise in the subject 

area as well as your ability and 

intention to effectively convey 

information to the public.) 

(3) Disclosure of the requested 

information would not primarily 

advance your commercial, trade, or 

profit interests. 

(d) CEQ will determine whether to 

grant or deny your request for a fee 

waiver if and when we would otherwise 

charge you fees. If we determine prior 

to that time that we are unlikely to grant 

your request for a fee waiver, we may 

notify you of our determination so that 

you may modify your request. 

§ 1515.35 When will CEQ contact me about 

fee-related matters? 

(a) If CEQ determines or estimates that 

we will charge you more than $25.00 in 

fees, we will notify you of our 

determination or estimate, unless you 

have already told us that you are willing 

to pay fees equal to or in excess of the 

amount we have determined or 

estimated. 

(1) If CEQ can only estimate a part of 

the fee, we will explain that in the 

notice. 

(2) If you are entitled to 2 hours of 

searching and 100 pages of duplication 

for free for the reasons described in 

§ 1515.33, CEQ will advise you of this 

and explain whether we have already 

provided these entitlements. 

(3) CEQ may ask you to tell us the 

maximum amount you are willing to 

pay in fees in writing, in which case we 

will toll the period for processing your 

request until you respond. 

(b) If CEQ determines or estimates 

that the fee will exceed the maximum 

amount you previously told us you were 

willing to pay, we will inquire with you 

about modifying your request or 

increasing the maximum, and we will 

toll the period for processing your 

request until you respond. 

(c) If you have not provided a way to 

contact you regarding fee matters, or 

you do not respond to a fee-related 

inquiry within 30 calendar days, CEQ 

will deny your request. 

§ 1515.36 Do I have to pay fees if CEQ 

misses the deadline for responding to my 

request? 

CEQ will not charge search fees or 

duplication fees if we have failed to 

grant or deny your request within the 

period described in § 1515.13, unless: 

(a) CEQ determines that unusual 

circumstances are present, as described 

in § 1515.13, and 

(1) CEQ finishes processing your 

request within 10 working days of the 

original deadline; or 

(2) Your request seeks more than 

5,000 pages of records; CEQ has 

provided you timely written notice of 

the unusual circumstances; and we have 

discussed with you how you could 

effectively limit the scope of your 

request (or we made at least three 

attempts in good faith to do so); or 

(b) A court grants CEQ additional time 

to process your request due to 

exceptional circumstances, and we 

finish processing your request within 

the period set forth in a court order. 

§ 1515.37 When are fees due and how do 

I pay them? 

(a) Ordinarily, CEQ will bill you for 

fees at the time we respond to your 

FOIA request. 

(b) When CEQ determines or 

estimates that the total fee for your 

request will exceed $250, we may 

require that you pay all or part of the 

anticipated fee in advance before we 

will process (or continue to process) 

your request. 

(c) If you have previously failed to 

pay a FOIA fee that was due to any 

government agency within 30 calendar 

days of the billing date, CEQ may 

require you to pay the outstanding fee 

(including interest) and make an 

advance payment of the anticipated fee 

for your current request before we will 

process (or continue to process) your 

request. 

(d) If CEQ requires you to make an 

advance payment under this section, we 

will toll the period for processing your 

request until we receive the payment. If 

you do not pay within 30 calendar days, 

we will deny your request. 

(e) CEQ will inform you of how to 

make a payment at the time that we bill 

you or require you to make an advance 

payment. 

§ 1515.38 What will CEQ do if I do not 

promptly pay the fee? 

If you do not pay a fee within 30 

calendar days of the date of the bill: 

(a) CEQ may charge interest, at the 

rate provided for in 31 U.S.C. 3717, 

from the 31st day following the date of 

billing through the date we receive your 

payment; and 


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(b) CEQ will follow the provisions of 

the Debt Collection Act of 1982 (Pub. L. 

97–365, 96 Stat. 1749), as amended, 

including its administrative procedures, 

which provide for the use of consumer 

reporting agencies, collection agencies, 

and offset. 

Subpart E—Confidential Commercial 

Information and Preservation of 

Records 

§ 1515.41 How does CEQ handle 

confidential commercial information? 

(a) At the time that a person or entity 

outside the Federal Government (a 

submitter) directly or indirectly 

provides information to CEQ, the 

submitter must mark or otherwise 

designate any part of its submission that 

it considers in good faith to be 

confidential commercial information. 

(1) ‘‘Confidential commercial 

information’’ means commercial or 

financial information that comes within 

the scope of Exemption 4 of the FOIA, 

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

(2) ‘‘In good faith’’ means not 

frivolously. 

(3) The submitter also must explain 

how long CEQ should consider the 

information to be confidential 

commercial information, or else CEQ 

will presume that the designation 

expires after 10 years. 

(b) Prior to disclosing information in 

response to a FOIA request, CEQ will 

provide written notice to the submitter 

if: 

(1) The submitter has properly 

designated the information as 

confidential commercial information 

pursuant to paragraph (a) of this section; 

or 

(2) CEQ requires the submitter’s views 

on whether the information is 

confidential commercial information. 

(c) Each notice under paragraph (b) of 

this section will either describe the 

information in question or include a 

copy of the requested records (or 

portions of records) containing the 

information. If the matter involves a 

large number of submitters, CEQ may 

post or publish the notice in a place or 

manner reasonably likely to inform the 

submitters of the potential disclosure, 

instead of sending individual 

notifications. 

(d) CEQ will not provide a notice 

under paragraph (b) of this section if: 

(1) CEQ has determined to withhold 

the information under § 1515.16; 

(2) Someone other than CEQ has 

already lawfully published the 

information; or 

(3) A law other than the FOIA 

requires CEQ to disclose the 

information. 

(e) When CEQ provides a notice under 

paragraph (b) of this section: 

(1) CEQ will give the submitter a 

reasonable period in which to reply. 

(2) If the submitter objects to CEQ 

disclosing the information (in whole or 

in part), the submitter must reply to 

CEQ with a detailed explanation of 

which FOIA exemptions it believes 

apply to the information and why the 

information comes within the scope of 

those FOIA exemptions. CEQ will 

consider the submitter’s reply, if any, in 

determining whether to disclose the 

information in question in response to 

a FOIA request. 

(3) If the submitter does not reply to 

CEQ during the period stated in the 

notice, CEQ will deem the submitter to 

have no objection to CEQ’s disclosure of 

the information, except that CEQ may 

consider late replies in its discretion. 

(f) If CEQ determines to disclose 

information over a submitter’s objection, 

CEQ will notify the submitter in writing. 

(1) The notice will explain why CEQ 

disagreed with the submitter’s 

objections and describe the information 

CEQ will disclose (or include a copy of 

the relevant agency records in the form 

in which CEQ will release them). 

(2) The notice will indicate the date 

on which CEQ will disclose the 

information, which will be a reasonable 

number of calendar days following the 

date of the notice unless the FOIA 

requires us to disclose the information 

more promptly. 

(3) CEQ will also provide the notice 

described in this paragraph (f) when 

CEQ determines to disclose information 

that a submitter designated as 

confidential commercial information 

not in good faith. 

(g) CEQ will notify a submitter who 

has designated confidential commercial 

information pursuant to paragraph (b) of 

this section if a requester files a lawsuit 

seeking to compel CEQ to disclose the 

information under the FOIA. 

(h) CEQ will notify the relevant FOIA 

requester whenever it provides a notice 

under paragraph (b) or (f) of this section, 

and whenever a submitter files a lawsuit 

to prevent the disclosure of information. 

PART 1516—PRIVACY ACT 

IMPLEMENTATION 

Sec. 

1516.1 What is the purpose of these rules? 

1516.2 What records do these rules cover? 

1516.3 When will CEQ disclose records 

about me? 

1516.4 How can I obtain access to CEQ’s 

records about me? 

1516.5 How can I get information about 

how CEQ has used its records about me? 

1516.6 How can I ask CEQ to correct my 

records? 

1516.7 How can I appeal CEQ’s decision to 

deny my request to access or correct 

records about me? 

1516.8 Will CEQ charge me a fee for a copy 

of my records? 

Authority: 5 U.S.C. 552a. 

§ 1516.1 What is the purpose of these 

rules? 

(a) This part explains how the Council 

on Environmental Quality (CEQ) 

manages certain records about 

individuals under the Privacy Act of 

1974 (the Privacy Act). You can find the 

text of the Privacy Act at 5 U.S.C. 552a. 

(b) This part explains how you, a 

citizen or lawful permanent resident of 

the United States, can request access to 

records about yourself, request that CEQ 

amend or correct those records, or 

request that CEQ inform you about how 

it has used those records. 

§ 1516.2 What records do these rules 

cover? 

(a) This part covers any records about 

you that CEQ maintains in a system of 

records. 

(b) A record is any item, collection, or 

grouping of information about you that 

contains your name or another piece of 

information that identifies you (for 

example, your social security number). 

(c) CEQ maintains your record in a 

system of records if CEQ: 

(1) Maintains, collects, uses, or 

disseminates the record as part of a 

larger group of records; and 

(2) Organizes the group by 

individuals’ names or by another piece 

of information that identifies 

individuals (such as their social security 

numbers). 

§ 1516.3 When will CEQ disclose records 

about me? 

CEQ will only disclose records about 

you that it maintains in system of 

records if: 

(a) You or your authorized 

representative submit a request for your 

own records or agree in writing that 

CEQ may disclose the records to 

someone else; 

(b) CEQ is making the disclosure as 

part of one of CEQ’s routine uses of the 

records, which CEQ must have 

previously established in a written 

public notice; or 

(c) The disclosure qualifies for one of 

the other exceptions described in 

section 3 of the Privacy Act, which you 

can find at 5 U.S.C. 552a(b). 

§ 1516.4 How can I obtain access to CEQ’s 

records about me? 

(a) You can obtain access to CEQ’s 

records about you by submitting a 

request by email to efoia@ceq.eop.gov. If 

you are not able to make your request 


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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Proposed Rules 99809 

by email, please contact CEQ’s Office of 

the General Counsel for assistance by 

calling 202–395–5750. 

(b) Your request must describe the 

records that you want, in enough detail 

to enable CEQ to locate them with a 

reasonable amount of effort. 

(1) You should name or describe the 

system of records you want CEQ to 

search. 

(2) If you are not sure which system 

of records you are interested in, you 

may request that CEQ inform you which 

of its systems of records, if any, contain 

records about you. 

(c) To protect the privacy of your 

records, CEQ will require you to verify 

your identity before processing your 

request. CEQ may require you to: 

(1) Provide a statement that contains 

your name, your current address, and 

your date and place of birth, and sign 

the statement before a notary public; 

(2) Verify your identity using an 

electronic authentication process; or 

(3) Supply additional information as 

necessary in order to verify your 

identity. 

(d) CEQ may deny your request if: 

(1) CEQ prepared the records you are 

seeking in reasonable anticipation of a 

civil action or proceeding (that is, a 

lawsuit or a similar proceeding); or 

(2) The Privacy Act exempts the 

system containing your records from the 

requirement that CEQ provide those 

records upon request. 

(e) If CEQ grants your request, you 

may arrange to review your records in 

person, obtain a copy from CEQ, or 

both. If you choose to review your 

records in person, you may choose one 

person to accompany you, except that 

CEQ may first require you to authorize 

CEQ to discuss your records in that 

person’s presence. 

(f) If CEQ denies your request in 

whole or in part, CEQ will give you the 

reason for its decision in writing and 

explain how you can challenge the 

denial. 

§ 1516.5 How can I get information about 

how CEQ has used its records about me? 

You can request information about 

how CEQ has used its records about 

you—called an ‘‘accounting of 

disclosures’’—using the same 

procedures you would use to make a 

request for access to your records under 

§ 1516.4. 

§ 1516.6 How can I ask CEQ to correct my 

records? 

(a) You can request that CEQ correct 

or update its records about you using 

the same procedures you would use to 

make a request for access to your 

records under § 1516.4. 

(b) In your request, you must explain 

exactly what change you are requesting 

and point out specific pieces of 

information in your CEQ records that 

are inaccurate, irrelevant, outdated, or 

incomplete. 

(c) CEQ will review your request, 

decide whether to grant or deny it, and 

inform you of the decision within 10 

working days (i.e., excepting Saturdays, 

Sundays, and Federal holidays). 

(d) If CEQ denies your request, CEQ 

will give you the reason for its decision 

in writing and explain how you can 

appeal the denial. 

§ 1516.7 How can I appeal CEQ’s decision 

to deny my request to access or correct 

records about me? 

(a) If CEQ denies your request to 

access or correct CEQ’s records about 

you, you can appeal the decision using 

the same procedures you would use to 

make a request for access to your 

records under § 1516.4. 

(b) In your appeal, you must include 

a copy of CEQ’s decision denying your 

request and explain exactly why you 

believe the decision was wrong. 

(c) The General Counsel of CEQ (or 

the General Counsel’s designee) will 

review your appeal, decide whether to 

grant or deny it, and inform you of the 

decision within 30 working days. If it is 

necessary to extend the time for making 

a decision, the Chair of CEQ (or the 

Chair’s designee) will explain why in 

writing. 

(d) If CEQ’s General Counsel (or 

designee) denies your appeal, you may 

provide CEQ with a concise statement 

that explains your disagreement with 

the decision, and you may bring a civil 

lawsuit against CEQ. 

(1) If CEQ subsequently discloses the 

disputed record under § 1516.4, we will 

clearly identify the disputed portion of 

the record and attach a copy of your 

statement of disagreement. 

(2) For more information about filing 

a civil lawsuit, see 5 U.S.C. 552a(g)(1). 

§ 1516.8 Will CEQ charge me a fee for a 

copy of my records? 

If you request a copy of CEQ’s records 

about you, CEQ may charge you a fee of 

no more than 10 cents per page, which 

you must pay before CEQ provides you 

with a copy of your records. 

[FR Doc. 2024–28871 Filed 12–10–24; 8:45 am] 

BILLING CODE 3325–FA–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R1–ES–2024–0005; 

FXES1113090FEDR–245–FF09E22000] 

RIN 1018–BG68 

Endangered and Threatened Wildlife 

and Plants; Reclassification of the 

Rough Popcornflower From 

Endangered to Threatened With a 

Section 4(d) Rule 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

reclassify the rough popcornflower 

(Plagiobothrys hirtus) from endangered 

to threatened (downlist) under the 

Endangered Species Act of 1973, as 

amended (Act). The proposed 

downlisting is based on our evaluation 

of the best available scientific and 

commercial information, which 

indicates that the species’ status has 

improved such that it is not currently in 

danger of extinction throughout all or a 

significant portion of its range, but that 

it is still likely to become so within the 

foreseeable future. We also propose 

protective regulations under the 

authority of section 4(d) of the Act that 

are necessary and advisable to provide 

for the conservation of the rough 

popcornflower. 

DATES: We will accept comments 

received or postmarked on or before 

February 10, 2025. Comments submitted 

electronically using the Federal 

eRulemaking Portal (see ADDRESSES, 

below) must be received by 11:59 p.m. 

eastern time on the closing date. We 

must receive requests for public 

hearings, in writing, at the address 

shown in FOR FURTHER INFORMATION

CONTACT by January 27, 2025. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–R1–ES–2024–0005, which is 

the docket number for this rulemaking. 

Then, click on the Search button. On the 

resulting page, in the panel on the left 

side of the screen, under the Document 

Type heading, check the Proposed Rule 

box to locate this document. You may 

submit a comment by clicking on 

‘‘Comment.’’ 

(2) By hard copy: Submit by U.S. mail 

to: Public Comments Processing, Attn: 

FWS–R1–ES–2024–0005, U.S. Fish and 


lotter on DSK11XQN23PROD with PROPOSALS1