80 FR 70153 - Freedom of Information Act and Privacy Act Regulations, Nomenclature Change
DEPARTMENT OF COMMERCE Federal Register Volume 80, Issue 219 (November 13, 2015)
Federal Register Volume 80, Issue 219 (November 13, 2015)
| Page Range | 70153-70154 | |
| FR Document | 2015-28712 |
[Federal Register Volume 80, Number 219 (Friday, November 13, 2015)] [Rules and Regulations] [Pages 70153-70154] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28712] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE 15 CFR Part 4 [Docket Number: 150902802-5802-01] RIN 0605-AA39 Freedom of Information Act and Privacy Act Regulations, Nomenclature Change AGENCY: Department of Commerce (Commerce). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Commerce (Department) amends its regulations under the Freedom of Information Act (FOIA) and the Privacy Act (PA) to reflect an organizational change in the Department's Office of General Counsel (OGC). Specifically, this action removes from the provisions on FOIA appeals and the PA all references to the position of Assistant General Counsel for Administration, and replaces them with references to the new ``Assistant General Counsel for Litigation, Employment, and Oversight.'' The Department's OGC recently eliminated the position ``Assistant General Counsel for Administration,'' and this amendment updates the rules to implement that change. The rule also reflects that the Office of the Assistant General Counsel for Litigation, Employment, and Oversight will be conducting FOIA appeals and responding to requests for corrective action or review under the PA for the Department. This action merely makes a nomenclature change; the change has no substantive impact to the public, because the OGC has in the past and will continue to handle the FOIA and PA actions described above. DATES: This action is effective on November 13, 2015. ADDRESSES: The final rule is available at www.regulations.gov, or by contacting the Department of Commerce: Room 1854, 1401 Constitution Avenue NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Joseph Bartels, 202-482-3084. SUPPLEMENTARY INFORMATION: This rule modifies the sections of the Department of Commerce's FOIA and PA regulations addressing appeals of denials of requests under FOIA and requests for review or corrective action under the PA by updating the name and address of the office in the OGC that decides appeals. The current FOIA regulations state that the Assistant General Counsel for Administration (AGC-Admin) decides all appeals from FOIA requests (except those made to the Office of the Inspector General, or to the AGC-Admin). The regulations also require appellants to address requests for corrective action or review for overly delayed responses under the PA to the AGC-Admin. The Department of Commerce's Office of General Counsel (OGC) has recently reorganized its offices, and the position of AGC-Admin no longer exists. In its place, the Assistant General Counsel for Litigation, Employment, and Oversight has been delegated the authority from the General Counsel to make final decisions on appeal of initially denied requests for records under FOIA. See Department Administrative Order 205-12, sections 4 and 5. Accordingly, this rule amends part 4 of title 15 of the Code of Federal Regulations to remove references to the now non-existent AGC- Admin, and replace it with the term ``Assistant General Counsel for Litigation, Employment, and Oversight.'' This action is merely a nomenclature change, and does not modify or revise in any substantive way the Department of Commerce's FOIA or PA regulations, or FOIA or PA requirements. Classification Executive Order 12866 This rule is limited to agency organization, and therefore is not considered a ``regulation'' under Executive Orders 12866 and 13563. Accordingly, it is exempt from review by the Office of Management and Budget. Regulatory Flexibility Act Because this rule addresses a matter of agency organization, and therefore is not subject to the notice and comment requirements of the Administrative Procedure Act, it is also exempt from the requirements of the Regulatory Flexibility Act. Accordingly, a regulatory flexibility analysis is not required for this action, and none has been prepared. Paperwork Reduction Act This action is merely administrative in nature, and addresses a matter of agency organization. It does not contain a ``collection of information'' as that term is defined in the Paperwork Reduction Act, 44 U.S.C. 3501, et seq. List of Subjects in 15 CFR Part 4 Freedom of information, Privacy. Dated: October 28, 2015. Catrina D. Purvis, Chief Privacy Officer and Director for Open Government, Department of Commerce. For the reasons set forth above, the Department of Commerce amends 15 CFR part 4 as follows: PART 4--DISCLOSURE OF GOVERNMENT INFORMATION 0 1. The authority citation for this part continues to read as follows: Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C. 553; 31 U.S.C. 3717; 44 U.S.C. 3101; Reorganization Plan No. 5 of 1950. 0 2. Amend Sec. 4.10 by revising paragraphs (b)(1) and (c) to read as follows: Sec. 4.10 Appeals from initial determinations or untimely delays. * * * * * (b)(1) Appeals, other than appeals from requests made to the Office of Inspector General, shall be decided by the Assistant General Counsel for Litigation, Employment, and Oversight. Written appeals should be addressed to the Assistant General Counsel for Litigation, Employment, and Oversight, at U.S. Department of Commerce, Office of the General Counsel, Room 5875, 14th and Constitution Avenue NW., Washington, DC 20230. An appeal may also be sent via facsimile at 202-482-2552. For a written appeal, both the letter and the appeal envelope should be clearly marked ``Freedom of Information Act Appeal.'' Appeals may also be submitted electronically either by email to [email protected] or online at the FOIAonline Web site, http://foiaonline.regulations.gov, if requesters have a FOIAonline account. In all cases, the appeal (written or electronic) should include a copy of the original request and initial denial, if any. All appeals should include a statement of the reasons why the records requested should be made available and why the adverse determination was in error. No opportunity for personal appearance, oral argument or hearing on appeal is provided. Upon receipt of an appeal, the Assistant General Counsel for Litigation, Employment, and Oversight ordinarily [[Page 70154]] shall send an acknowledgement letter to the requester which shall confirm receipt of the requester's appeal.* * * (c) Upon receipt of an appeal involving records initially denied on the basis of FOIA exemption (b)(1), the records shall be forwarded to the Deputy Assistant Secretary for Security (DAS) for a declassification review. The DAS may overrule previous classification determinations in whole or in part if continued protection in the interest of national security is no longer required, or no longer required at the same level. The DAS shall advise the Assistant General Counsel for Litigation, Employment, and Oversight, the General Counsel, the General Counsel to the Inspector General, or Deputy Inspector General, as appropriate, of his or her decision. * * * * * Sec. Sec. 4.23, 4.25, 4.28, and 4.29 and Appendix B [Amended] 0 3. In addition to the amendments made above, in 15 CFR part 4, remove the words ``Assistant General Counsel for Administration'' and add, in their place, the words ``Assistant General Counsel for Litigation, Employment, and Oversight'' in the following places: 0 a. Section 4.23(d)(2); 0 b. Section 4.25(a)(2) and (g)(3)(ii); 0 c. Section 4.28(a)(1)(ii) and (a)(2)(ii)(D); 0 d. Section 4.29(b), (c), (e), (g)(1), (h), and (i); and 0 e. Appendix B. [FR Doc. 2015-28712 Filed 11-12-15; 8:45 am] BILLING CODE 3510-BW-P
![Federal Register / Vol. 80, No. 219 / Friday, November 13, 2015 / Rules and Regulations 70153
pedestrian traffic rule or regulation FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act
made applicable to the installation Joseph Bartels, 202–482–3084. This action is merely administrative
under the provisions of this subpart, is in nature, and addresses a matter of
SUPPLEMENTARY INFORMATION: This rule
subject to punishment as provided for agency organization. It does not contain
modifies the sections of the Department
by the applicable local policies and a ‘‘collection of information’’ as that
of Commerce’s FOIA and PA regulations
procedural requirements that a Center term is defined in the Paperwork
addressing appeals of denials of
Director or the Executive Director for Reduction Act, 44 U.S.C. 3501, et seq.
requests under FOIA and requests for
Headquarters Operations has issued
review or corrective action under the PA List of Subjects in 15 CFR Part 4
under section 1204.1102 and in
by updating the name and address of the
accordance with section 1204.1103. Freedom of information, Privacy.
office in the OGC that decides appeals.
Nanette Jennings, The current FOIA regulations state that Dated: October 28, 2015.
NASA Federal Register Liaison Officer. the Assistant General Counsel for Catrina D. Purvis,
[FR Doc. 2015–28813 Filed 11–12–15; 8:45 am] Administration (AGC-Admin) decides Chief Privacy Officer and Director for Open
BILLING CODE 7510–13–P all appeals from FOIA requests (except Government, Department of Commerce.
those made to the Office of the Inspector For the reasons set forth above, the
General, or to the AGC-Admin). The Department of Commerce amends 15
DEPARTMENT OF COMMERCE regulations also require appellants to CFR part 4 as follows:
address requests for corrective action or
15 CFR Part 4 review for overly delayed responses PART 4—DISCLOSURE OF
under the PA to the AGC-Admin. GOVERNMENT INFORMATION
[Docket Number: 150902802–5802–01]
The Department of Commerce’s Office
RIN 0605–AA39 ■ 1. The authority citation for this part
of General Counsel (OGC) has recently
continues to read as follows:
reorganized its offices, and the position
Freedom of Information Act and Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5
of AGC-Admin no longer exists. In its
Privacy Act Regulations, Nomenclature U.S.C. 552a; 5 U.S.C. 553; 31 U.S.C. 3717; 44
place, the Assistant General Counsel for
Change U.S.C. 3101; Reorganization Plan No. 5 of
Litigation, Employment, and Oversight
1950.
AGENCY: Department of Commerce has been delegated the authority from
(Commerce). the General Counsel to make final ■ 2. Amend § 4.10 by revising
decisions on appeal of initially denied paragraphs (b)(1) and (c) to read as
ACTION: Final rule.
requests for records under FOIA. See follows:
SUMMARY: The Department of Commerce Department Administrative Order 205– § 4.10 Appeals from initial determinations
(Department) amends its regulations 12, sections 4 and 5. or untimely delays.
under the Freedom of Information Act Accordingly, this rule amends part 4 * * * * *
(FOIA) and the Privacy Act (PA) to of title 15 of the Code of Federal (b)(1) Appeals, other than appeals
reflect an organizational change in the Regulations to remove references to the from requests made to the Office of
Department’s Office of General Counsel now non-existent AGC-Admin, and Inspector General, shall be decided by
(OGC). Specifically, this action removes replace it with the term ‘‘Assistant the Assistant General Counsel for
from the provisions on FOIA appeals General Counsel for Litigation, Litigation, Employment, and Oversight.
and the PA all references to the position Employment, and Oversight.’’ This Written appeals should be addressed to
of Assistant General Counsel for action is merely a nomenclature change, the Assistant General Counsel for
Administration, and replaces them with and does not modify or revise in any Litigation, Employment, and Oversight,
references to the new ‘‘Assistant General substantive way the Department of at U.S. Department of Commerce, Office
Counsel for Litigation, Employment, Commerce’s FOIA or PA regulations, or of the General Counsel, Room 5875,
and Oversight.’’ The Department’s OGC FOIA or PA requirements. 14th and Constitution Avenue NW.,
recently eliminated the position Washington, DC 20230. An appeal may
‘‘Assistant General Counsel for Classification
also be sent via facsimile at 202–482–
Administration,’’ and this amendment Executive Order 12866 2552. For a written appeal, both the
updates the rules to implement that letter and the appeal envelope should be
change. The rule also reflects that the This rule is limited to agency clearly marked ‘‘Freedom of Information
Office of the Assistant General Counsel organization, and therefore is not Act Appeal.’’ Appeals may also be
for Litigation, Employment, and considered a ‘‘regulation’’ under submitted electronically either by email
Oversight will be conducting FOIA Executive Orders 12866 and 13563. to FOIAAppeals@doc.gov or online at
appeals and responding to requests for Accordingly, it is exempt from review the FOIAonline Web site, http://
corrective action or review under the PA by the Office of Management and foiaonline.regulations.gov, if requesters
for the Department. This action merely Budget. have a FOIAonline account. In all cases,
makes a nomenclature change; the the appeal (written or electronic) should
change has no substantive impact to the Regulatory Flexibility Act
include a copy of the original request
public, because the OGC has in the past Because this rule addresses a matter and initial denial, if any. All appeals
and will continue to handle the FOIA of agency organization, and therefore is should include a statement of the
and PA actions described above. not subject to the notice and comment reasons why the records requested
jstallworth on DSK7TPTVN1PROD with RULES
DATES: This action is effective on requirements of the Administrative should be made available and why the
November 13, 2015. Procedure Act, it is also exempt from adverse determination was in error. No
ADDRESSES: The final rule is available at the requirements of the Regulatory opportunity for personal appearance,
www.regulations.gov, or by contacting Flexibility Act. Accordingly, a oral argument or hearing on appeal is
the Department of Commerce: Room regulatory flexibility analysis is not provided. Upon receipt of an appeal, the
1854, 1401 Constitution Avenue NW., required for this action, and none has Assistant General Counsel for Litigation,
Washington, DC 20230. been prepared. Employment, and Oversight ordinarily
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![70154 Federal Register / Vol. 80, No. 219 / Friday, November 13, 2015 / Rules and Regulations
shall send an acknowledgement letter to Division within the Office of proposed to amend § 113.64, which
the requester which shall confirm Administration. Upon consideration of prescribes international carrier bond
receipt of the requester’s appeal.* * * comments received from the public in conditions, to state that an obligor must
(c) Upon receipt of an appeal response to the proposed rulemaking, pay liquidated damages for failure to
involving records initially denied on the and in light of CBP’s ongoing efforts timely submit to CBP passenger
basis of FOIA exemption (b)(1), the concerning the development of processing fees that were required to be
records shall be forwarded to the electronic bonds, CBP has determined collected. In addition, CBP proposed to
Deputy Assistant Secretary for Security not to proceed at this time with certain amend the regulations in part 133 to
(DAS) for a declassification review. The proposed regulatory changes relating to reflect that bonds relating to allegations
DAS may overrule previous the application, approval, and execution of counterfeit trademarks are permitted
classification determinations in whole of bonds. CBP has also determined not to be continuous bonds.
or in part if continued protection in the to proceed with proposals relating to Bond Final Rule Separate and Distinct
interest of national security is no longer provisions that are the subject of other From eBond Test
required, or no longer required at the rulemakings currently under inter-
same level. The DAS shall advise the departmental review. In the notice of Title VI of the North American Free
Assistant General Counsel for Litigation, proposed rulemaking, CBP used the Trade Agreement Implementation Act,
Employment, and Oversight, the terms ‘‘CBP-approved electronic data Public Law 103–182, 107 Stat. 2057
General Counsel, the General Counsel to interchange system’’ and ‘‘electronic (Dec. 8, 1993), establishes the National
the Inspector General, or Deputy filing’’ to describe the manner by which Customs Automation Program (NCAP),
Inspector General, as appropriate, of his continuous bonds may be submitted to an automated and electronic system for
or her decision. CBP. In this final rule, these terms are the processing of commercial
clarified to reflect that continuous importations. CBP is currently
* * * * * conducting a voluntary NCAP eBond
bonds may be scanned and submitted to
§§ 4.23, 4.25, 4.28, and 4.29 and Appendix B CBP as an email attachment, or by test. In a general notice published in the
[Amended] facsimile. This document also amends Federal Register (79 FR 70881) on
■ 3. In addition to the amendments the CBP regulations to allow for the November 28, 2014, CBP described the
made above, in 15 CFR part 4, remove filing of single transaction bonds terms and conditions of the eBond test
the words ‘‘Assistant General Counsel pursuant to these methods. In this which provides for the transmission to
for Administration’’ and add, in their rulemaking, CBP also clarifies the CBP the Automated Commercial
place, the words ‘‘Assistant General Environment (ACE) of electronic bond
regulations to reflect that intellectual
Counsel for Litigation, Employment, contracts (eBonds) between principals
property rights sample bonds are posted
and Oversight’’ in the following places: and sureties, with CBP as the third-party
to protect the importer or owner of the
■ a. Section 4.23(d)(2);
beneficiary, for the purpose of linking
sample, and changes provisions of the
■ b. Section 4.25(a)(2) and (g)(3)(ii);
those eBonds to the transactions they
international carrier bond regarding the
■ c. Section 4.28(a)(1)(ii) and
are intended to secure (eBond system).
payment of fees. Lastly, this final rule
(a)(2)(ii)(D); The test deployed on January 3, 2015,
adopts non-substantive amendments to
■ d. Section 4.29(b), (c), (e), (g)(1), (h),
and a modification to the test was
the regulations regarding nomenclature
and (i); and published in the Federal Register (80
and organizational changes, including
■ e. Appendix B.
FR 899) and went into effect on January
editorial changes to enhance general 7, 2015.
[FR Doc. 2015–28712 Filed 11–12–15; 8:45 am] readability, and makes technical The eBond test is separate and
BILLING CODE 3510–BW–P corrections to reflect statutory distinct from this bond final rule. In this
amendments. regard, it is noted that the eBond test
DATES: Effective December 14, 2015. pertains to electronic bonds that are not
DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: Kara submitted on the CBP Form 301 and
SECURITY Welty, Chief, Debt Management Branch, that are transmitted through an
Revenue Division, Office of electronic data interchange to ACE to
U.S. Customs and Border Protection secure a limited subset of ACE entry
Administration, Tel. (317) 614–4614.
types. The bond regulations contained
DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION:
in this final rule, however, pertain to all
Background entry types and provide for the filing of
19 CFR Parts 101, 113, and 133 both continuous bonds and single
Proposed Rule transaction bonds primarily on the CBP
[CBP Dec. 15–15, USCBP–2006–0013]
On January 5, 2010, U.S. Customs and Form 301. As a result of this rule, CBP
RIN 1515–AD56 [formerly 1505–AB54] Border Protection (CBP) published in Form 301 bonds may be scanned and
the Federal Register (75 FR 266) a emailed to CBP as a computer file
Customs and Border Protection’s
proposal to amend title 19 of the Code attachment (i.e., in a .pdf or a .tif
Bond Program
of Federal Regulations (19 CFR) format), or submitted by facsimile (fax)
AGENCY: U.S. Customs and Border regarding CBP’s bond program. The or mail. Bonds emailed or faxed to CBP
Protection, Department of Homeland proposed amendments to CBP’s bond on the CBP Form 301 are not submitted
Security; Department of the Treasury. regulations were intended to update and via a ‘‘CBP-approved electronic data
ACTION: Final rule. modernize CBP’s bond program and interchange system’’ in that they do not
jstallworth on DSK7TPTVN1PROD with RULES
centralize the filing, review and constitute a computer-to-computer
SUMMARY: This document adopts as a approval of continuous bonds at CBP’s interchange of strictly formatted
final rule, with changes, proposed Revenue Division, Office of messages. To clarify this fact, this final
amendments to the U.S. Customs and Administration, in Indianapolis, rule no longer refers to CBP Form 301
Border Protection (CBP) regulations that Indiana, which assumes the bond bonds, or the submission of bonds
serve to centralize the processing of functions previously performed at the outside of the eBond test, as
continuous bonds at CBP’s Revenue port level. In that document, CBP also ‘‘electronic’’ or submitted or filed
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Document Created: 2018-03-01 11:23:22
Document Modified: 2018-03-01 11:23:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This action is effective on November 13, 2015. | |
| Contact | Joseph Bartels, 202-482-3084. | |
| FR Citation | 80 FR 70153 | |
| RIN Number | 0605-AA39 | |
| CFR Associated | Freedom of Information and Privacy |
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USC | CFR | eCFR