81 FR 92692 - Freedom of Information Act Regulations

DEPARTMENT OF THE INTERIOR
Office of the Secretary

Federal Register Volume 81, Issue 244 (December 20, 2016)

Page Range		92692-92694
FR Document		2016-30601
This rule revises the regulations that the Department of the Interior (Department) follows in processing records under the Freedom of Information Act in part to comply with the FOIA Improvement Act of 2016. The revisions clarify and update procedures for requesting information from the Department and procedures that the Department follows in responding to requests from the public.
Federal Register, Volume 81 Issue 244 (Tuesday, December 20, 2016)
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Rules and Regulations]
[Pages 92692-92694]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30601]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 2

[No. DOI-2016-0006; 17XD4523WS DS10200000 DWSN00000.000000 WBS DP10202]
RIN 1093-AA21


Freedom of Information Act Regulations

AGENCY: Office of the Secretary, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule revises the regulations that the Department of the 
Interior (Department) follows in processing records under the Freedom 
of Information Act in part to comply with the FOIA Improvement Act of 
2016. The revisions clarify and update procedures for requesting 
information from the Department and procedures that the Department 
follows in responding to requests from the public.

DATES: This rule is effective on January 19, 2017.

FOR FURTHER INFORMATION CONTACT: Cindy Cafaro, Office of Executive 
Secretariat and Regulatory Affairs, 202-208-5342.

SUPPLEMENTARY INFORMATION: 

I. Why We're Publishing This Rule and What It Does

A. Introduction

    In late 2012, the Department published a final rule updating and 
replacing the Department's previous Freedom of Information Act (FOIA) 
regulations. In early 2016, the Department updated that final rule, 
primarily to authorize the Office of Inspector General to process their 
own FOIA appeals. On June 30, 2016, the FOIA Improvement Act of 2016, 
Public Law 114-185, 130 Stat. 538 (the Act) was enacted. The Act 
specifically requires all agencies to review and update their FOIA 
regulations in accordance with its provisions. In addition, the 
Department has received feedback from its FOIA practitioners and 
requesters and identified areas where it would be possible to further 
update, clarify, and streamline the language of some procedural 
provisions.
    On September 20, 2016, the Department published a proposed rule in 
the Federal Register (81 FR 64401) to implement the Act and address the 
feedback received. We requested comments on the proposed rule over a 
60-day period ending on November 21, 2016, and we considered all 
comments received in drafting this final rule. Accordingly, the 
Department is making the following changes to 43 CFR part 2:
     Section 2.4(e) is amended to provide additional guidance 
on how bureaus handle misdirected requests.
     Section 2.15 is amended to bring attention to the 
Department's existing FOIA Request Tracking Tool (https://foia.doi.gov/requeststatus).
     Section 2.19 is amended to bring further attention to the 
services provided by the Office of Government Information Services 
(OGIS), in accordance with the provisions of the Act.
     Section 2.21 is amended to reflect that the OGIS would be 
defined earlier in the regulations than it previously had been and to 
reference bureaus' FOIA Public Liaisons, in addition to the OGIS.
     Section 2.24 is amended to require a foreseeable harm 
analysis, in accordance with the provisions of the Act, and to require 
bureaus to provide an explanation to the requester when an estimate of 
the volume of any records withheld in full or in part is not provided.
     Section 2.37(f) is amended to reflect the provisions of 
the Act.
     Section 2.39 is amended to remove what will be superfluous 
language, after the changes to section 2.37(f).
     Section 2.58 is amended to provide more time for 
requesters to appeal, in accordance with the provisions of the Act.
     Section 2.66(d) is amended to reflect an updated Web site 
link.

B. Discussion of Comments

    Six commenters responded to the invitation for comments, including 
two commenters from subcomponents of Federal agencies and four 
commenters from non-Federal sources. Two of these commenters offered 
substantive suggestions on specific existing provisions of the rule 
that are not being amended; these suggestions are outside the scope of 
this rulemaking and are not

[[Page 92693]]

addressed below. The commenters generally supported the proposed 
changes, with the exception of one commenter who stated the Act makes 
it harder to collect fees in FOIA requests that require submitter 
notifications (a comment that, because it concerns the Act itself, is 
not within the scope of this rulemaking). However, one commenter 
suggested that Sec.  2.21 should require certain bureau responses to 
requesters inform the requesters of their right to seek assistance from 
FOIA Public Liaisons, in accordance with the Act. We agree and have 
modified our edits to this section accordingly.

C. Technical and Procedural Comments

    In the interests of clarity and consistency, the Department made 
very minor clarifications and added, moved, and deleted phrases in 
Sec.  2.37(f)(2)(i) and (ii). The Department also updated a Web site 
link in Sec.  2.66(d).

II. Compliance With Laws and Executive Orders

1. Regulatory Planning and Review (Executive Orders 12866 and 13563)
    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs will review all significant rules. 
The Office of Information and Regulatory Affairs has determined that 
this rulemaking is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The Executive Order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.
2. Regulatory Flexibility Act
    The Department of the Interior certifies that this rule will not 
have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
3. Small Business Regulatory Enforcement Fairness Act
    This is not a major rule under 5 U.S.C. 804(2), the Small Business 
Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.
4. Unfunded Mandates Reform Act
    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. This rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.
5. Takings (E.O. 12630)
    In accordance with Executive Order 12630, this rule does not have 
significant takings implications. A takings implication assessment is 
not required.
6. Federalism (E.O. 13132)
    In accordance with Executive Order 13132, this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement. It would not substantially and 
directly affect the relationship between the Federal and state 
governments. A federalism summary impact statement is not required.
7. Civil Justice Reform (E.O. 12988)
    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Executive Order.
8. Consultation With Indian Tribes (E.O. 13175)
    Under the criteria in Executive Order 13175, we have evaluated this 
rule and determined that it has no potential effects on federally 
recognized Indian tribes. This rule does not have tribal implications 
that impose substantial direct compliance costs on Indian Tribal 
governments.
9. Paperwork Reduction Act
    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget under the Paperwork 
Reduction Act is not required.
10. National Environmental Policy Act
    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et 
seq. (NEPA), is not required. Pursuant to 43 CFR 46.205(b) and 43 CFR 
46.210(i), the Department of the Interior NEPA implementing procedures 
exclude from preparation of an environmental assessment or impact 
statement ``[p]olicies, directives, regulations, and guidelines: that 
are of an administrative, financial, legal, technical, or procedural 
nature. . . .'' None of the extraordinary circumstances listed in 43 
CFR 46.215 exists for this rule. Accordingly, this rule is 
categorically excluded from environmental analysis under 43 CFR 
46.210(i).
11. Effects on the Energy Supply (E.O. 13211)
    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required. This rule will not have a significant effect on the nation's 
energy supply, distribution, or use.
12. Clarity of This Regulation
    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.

List of Subjects in 43 CFR Part 2

    Freedom of information.

Elizabeth Klein,
Principal Deputy Assistant Secretary for Policy, Management and Budget.

    For the reasons stated in the preamble, the Department of the 
Interior amends part 2 of title 43 of the Code of Federal Regulations 
as follows:

[[Page 92694]]

PART 2--FREEDOM OF INFORMATION ACT; RECORDS AND TESTIMONY

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a, 553; 31 U.S.C. 3717; 43 
U.S.C. 1460, 1461.

Subpart B--How to Make a Request

0
2. In Sec.  2.4, revise paragraph (e) to read as follows:


Sec.  2.4  Does where you send your request affect its processing?

* * * * *
    (e) If your request is received by a bureau that believes it is not 
the appropriate bureau to process your request, the bureau that 
received your request will attempt to contact you (if possible, via 
telephone or email) to confirm that you deliberately sent your request 
to that bureau for processing. If you do not confirm this, the bureau 
will deem your request misdirected and route the misdirected request to 
the appropriate bureau to respond under the basic time limit outlined 
in Sec.  2.17.
* * * * *

Subpart D--Timing of Responses to Requests

0
3. In Sec.  2.15, add paragraph (g) to read as follows:


Sec.  2.15  What is multitrack processing and how does it affect your 
request?

* * * * *
    (g) You may track the status of your request, including its 
estimated processing completion date, at https://foia.doi.gov/requeststatus/.


Sec.  2.19  [Amended]

0
4. In Sec.  2.19(b)(2), add the words ``, and notify you of your right 
to seek dispute resolution from the Office of Government Information 
Services (OGIS)'' after the words ``you and the bureau''.

Subpart E--Responses to Requests

0
5. Amend Sec.  2.21(a) by removing the second sentence and adding two 
sentences in its place to read as follows:


Sec.  2.21  How will the bureau respond to requests?

    (a) * * * The bureau's written response will include a statement 
about the services offered by its FOIA Public Liaison. The bureau's 
written response will also include a statement about the services 
offered by OGIS, using standard language that can be found at: https://
www.doi.gov/foia/news/guidance.''
* * * * *


Sec.  2.24  [Amended]

0
6. Amend Sec.  2.24 by:
0
a. In paragraph (b)(3), adding the words ``, along with a statement 
that the bureau reasonably foresees that disclosure would harm an 
interest protected by the applied exemption(s) or disclosure is 
prohibited by law'' after the words ``or in part''; and
0
b. In paragraph (b)(4), adding the word ``including'' after the word 
``unless'' and adding the words ``and the bureau explains this harm to 
you'' after the words ``withhold the records''.

Subpart G--Fees

0
7. In Sec.  2.37, revise paragraph (f) to read as follows:


Sec.  2.37  What general principles govern fees?

* * * * *
    (f) If the bureau does not comply with any time limit in the FOIA:
    (1) Except as provided in paragraph (f)(2) of this section, the 
bureau cannot assess any search fees (or, if you are in the fee 
category of a representative of the news media or an educational and 
noncommercial scientific institution, duplication fees).
    (2)(i) If the bureau has determined that unusual circumstances 
apply (as the term is defined in Sec.  2.70) and the bureau provided 
you a timely written notice to extend the basic time limit in 
accordance with Sec.  2.19, the noncompliance is excused for an 
additional 10 workdays.
    (ii) If the bureau has determined that unusual circumstances apply 
and more than 5,000 pages are necessary to respond to the request, the 
noncompliance is excused if the bureau has provided you a timely 
written notice in accordance with Sec.  2.19 and has discussed with you 
via written mail, email, or telephone (or made not less than 3 good-
faith attempts to do so) how you could effectively limit the scope of 
the request.
    (iii) If a court has determined that exceptional circumstances 
exist (as that term is defined in Sec.  2.70), the noncompliance is 
excused for the length of time provided by the court order.
* * * * *


Sec.  2.39  [Amended]

0
8. In Sec.  2.39, remove the paragraph (a) designation and remove 
paragraph (b).

Subpart H--Administrative Appeals


Sec.  2.58  [Amended]

0
9. In Sec.  2.58(a) and (b), remove the number ``30'' and add in its 
place the number ``90''.

Subpart I--General Information


Sec.  2.66  [Amended]

0
10. In Sec.  2.66(d), remove the Web site address ``http://www.doi.gov/
foia/servicecenters.cfm'' and add in its place the Web site address 
``https://www.doi.gov/foia/servicecenters''.
[FR Doc. 2016-30601 Filed 12-19-16; 8:45 am]
 BILLING CODE 4334-63-P
92692 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations

MS/MS),’’ April 2015, EPA 815–R–15– Inductively Coupled Plasma-Mass requires all agencies to review and
009. Available on the Internet at https:// Spectrometry,’’ approved August 1, update their FOIA regulations in
www.epa.gov/dwanalyticalmethods. 2010. Available for purchase on the accordance with its provisions. In
(xiii) EPA Method 546: Internet at http://www.astm.org/ addition, the Department has received
‘‘Determination of Total Microcystins Standards/D5673.htm. feedback from its FOIA practitioners
and Nodularins in Drinking Water and (ii) ASTM D6581–12 ‘‘Standard Test and requesters and identified areas
Ambient Water by Adda Enzyme-Linked Methods for Bromate, Bromide, where it would be possible to further
Immunosorbent Assay,’’ August 2016, Chlorate, and Chlorite in Drinking update, clarify, and streamline the
EPA–815–B–16–011. Available on the Water by Suppressed Ion language of some procedural provisions.
Internet at https://www.epa.gov/ Chromatography,’’ approved March 1, On September 20, 2016, the
dwanalyticalmethods. 2012. Available for purchase on the Department published a proposed rule
(xiv) Method 552.3 ‘‘Determination of Internet at http://www.astm.org/ in the Federal Register (81 FR 64401) to
Haloacetic Acids and Dalapon in Standards/D6581.htm. implement the Act and address the
Drinking Water by Liquid-Liquid feedback received. We requested
[FR Doc. 2016–30469 Filed 12–19–16; 8:45 am]
Microextraction, Derivatization, and Gas comments on the proposed rule over a
BILLING CODE 6560–50–P
Chromatography with Electron Capture 60-day period ending on November 21,
Detection,’’ Revision 1.0, July 2003, EPA 2016, and we considered all comments
815–B–03–002. Available on the received in drafting this final rule.
Internet at https://www.epa.gov/ DEPARTMENT OF THE INTERIOR
Accordingly, the Department is making
dwanalyticalmethods. the following changes to 43 CFR part 2:
(xv) EPA Method 557: ‘‘Determination Office of the Secretary
• Section 2.4(e) is amended to
of Haloacetic Acids, Bromate, and provide additional guidance on how
Dalapon in Drinking Water by Ion 43 CFR Part 2
bureaus handle misdirected requests.
Chromatography Electrospray Ionization [No. DOI–2016–0006; 17XD4523WS • Section 2.15 is amended to bring
Tandem Mass Spectrometry (IC–ESI– DS10200000 DWSN00000.000000 WBS attention to the Department’s existing
MS/MS),’’ Version 1.0, September 2009, DP10202] FOIA Request Tracking Tool (https://
EPA 815–B–09–012. Available on the RIN 1093–AA21 foia.doi.gov/requeststatus).
Internet at https://www.epa.gov/ • Section 2.19 is amended to bring
dwanalyticalmethods. Freedom of Information Act further attention to the services
(2) American Public Health Regulations provided by the Office of Government
Association—Standard Test Method for Information Services (OGIS), in
Elements in Water by Inductively AGENCY: Office of the Secretary, Interior. accordance with the provisions of the
Coupled Plasma-Mass Spectrometry,’’ ACTION: Final rule. Act.
approved August 1, 2010. Available for • Section 2.21 is amended to reflect
purchase on the Internet at http:// SUMMARY: This rule revises the
that the OGIS would be defined earlier
www.astm.org/Standards/D5673.htm. regulations that the Department of the
in the regulations than it previously had
(i) ‘‘Standard Methods for the Interior (Department) follows in
been and to reference bureaus’ FOIA
Examination of Water & Wastewater,’’ processing records under the Freedom
Public Liaisons, in addition to the OGIS.
21st edition (2005). of Information Act in part to comply • Section 2.24 is amended to require
(A) SM 3125 ‘‘Metals by Inductively with the FOIA Improvement Act of a foreseeable harm analysis, in
Coupled Plasma/Mass Spectrometry.’’ 2016. The revisions clarify and update accordance with the provisions of the
(B) SM 5310B ‘‘Total Organic Carbon procedures for requesting information Act, and to require bureaus to provide
(TOC): High-Temperature Combustion from the Department and procedures an explanation to the requester when an
Method.’’ that the Department follows in
(C) SM 5310C ‘‘Total Organic Carbon estimate of the volume of any records
responding to requests from the public. withheld in full or in part is not
(TOC): Persulfate-UV or Heated- DATES: This rule is effective on January
Persulfate Oxidation Method.’’ provided.
(D) SM 5310D ‘‘Total Organic Carbon
19, 2017. • Section 2.37(f) is amended to reflect
(TOC): Wet-Oxidation Method.’’ FOR FURTHER INFORMATION CONTACT: the provisions of the Act.
(ii) The following methods are from Cindy Cafaro, Office of Executive • Section 2.39 is amended to remove
‘‘Standard Methods Online.,’’ approved Secretariat and Regulatory Affairs, 202– what will be superfluous language, after
2000 (unless noted). Available for 208–5342. the changes to section 2.37(f).
purchase on the Internet at http:// SUPPLEMENTARY INFORMATION:
• Section 2.58 is amended to provide
www.standardmethods.org. more time for requesters to appeal, in
(A) SM 3125 ‘‘Metals by Inductively I. Why We’re Publishing This Rule and accordance with the provisions of the
Coupled Plasma/Mass Spectrometry’’ What It Does Act.
Editorial revisions, 2011 (SM 3125–09). A. Introduction • Section 2.66(d) is amended to
(B) SM 5310B ‘‘Total Organic Carbon: reflect an updated Web site link.
High-Temperature Combustion In late 2012, the Department
published a final rule updating and B. Discussion of Comments
Method,’’ (5310B–00).
(C) SM 5310C ‘‘Total Organic Carbon: replacing the Department’s previous Six commenters responded to the
Persulfate-UV or Heated-Persulfate Freedom of Information Act (FOIA) invitation for comments, including two
Oxidation Method,’’ (5310C–00). regulations. In early 2016, the commenters from subcomponents of
mstockstill on DSK3G9T082PROD with RULES

(D) SM 5310D ‘‘Total Organic Carbon: Department updated that final rule, Federal agencies and four commenters
Wet-Oxidation Method,’’ (5310D–00). primarily to authorize the Office of from non-Federal sources. Two of these
(3) ASTM International, 100 Barr Inspector General to process their own commenters offered substantive
Harbor Drive, West Conshohocken, PA FOIA appeals. On June 30, 2016, the suggestions on specific existing
19428–2959. FOIA Improvement Act of 2016, Public provisions of the rule that are not being
(i) ASTM D5673–10 ‘‘Standard Test Law 114–185, 130 Stat. 538 (the Act) amended; these suggestions are outside
Method for Elements in Water by was enacted. The Act specifically the scope of this rulemaking and are not

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Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations 92693

addressed below. The commenters 3. Small Business Regulatory 9. Paperwork Reduction Act
generally supported the proposed Enforcement Fairness Act
This rule does not contain
changes, with the exception of one This is not a major rule under 5 U.S.C. information collection requirements,
commenter who stated the Act makes it 804(2), the Small Business Regulatory and a submission to the Office of
harder to collect fees in FOIA requests Enforcement Fairness Act. This rule: Management and Budget under the
that require submitter notifications (a a. Does not have an annual effect on Paperwork Reduction Act is not
comment that, because it concerns the the economy of $100 million or more. required.
Act itself, is not within the scope of this b. Will not cause a major increase in
rulemaking). However, one commenter 10. National Environmental Policy Act
costs or prices for consumers,
suggested that § 2.21 should require individual industries, Federal, State, or This rule does not constitute a major
certain bureau responses to requesters local government agencies, or Federal action significantly affecting the
inform the requesters of their right to geographic regions. quality of the human environment. A
seek assistance from FOIA Public c. Does not have significant adverse detailed statement under the National
Liaisons, in accordance with the Act. effects on competition, employment, Environmental Policy Act of 1969, 42
We agree and have modified our edits investment, productivity, innovation, or U.S.C. 4321 et seq. (NEPA), is not
to this section accordingly. the ability of U.S.-based enterprises to required. Pursuant to 43 CFR 46.205(b)
C. Technical and Procedural Comments compete with foreign-based enterprises. and 43 CFR 46.210(i), the Department of
the Interior NEPA implementing
In the interests of clarity and 4. Unfunded Mandates Reform Act
procedures exclude from preparation of
consistency, the Department made very This rule does not impose an an environmental assessment or impact
minor clarifications and added, moved, unfunded mandate on State, local, or statement ‘‘[p]olicies, directives,
and deleted phrases in § 2.37(f)(2)(i) and tribal governments or the private sector regulations, and guidelines: that are of
(ii). The Department also updated a Web of more than $100 million per year. This an administrative, financial, legal,
site link in § 2.66(d). rule does not have a significant or technical, or procedural nature. . . .’’
unique effect on State, local, or tribal None of the extraordinary circumstances
II. Compliance With Laws and governments or the private sector. A listed in 43 CFR 46.215 exists for this
Executive Orders statement containing the information rule. Accordingly, this rule is
1. Regulatory Planning and Review required by the Unfunded Mandates categorically excluded from
(Executive Orders 12866 and 13563) Reform Act (2 U.S.C. 1531 et seq.) is not environmental analysis under 43 CFR
required. 46.210(i).
Executive Order (E.O.) 12866 provides
that the Office of Information and 5. Takings (E.O. 12630) 11. Effects on the Energy Supply (E.O.
Regulatory Affairs will review all In accordance with Executive Order 13211)
significant rules. The Office of 12630, this rule does not have This rule is not a significant energy
Information and Regulatory Affairs has significant takings implications. A action under the definition in Executive
determined that this rulemaking is not takings implication assessment is not Order 13211. A Statement of Energy
significant. required. Effects is not required. This rule will not
Executive Order 13563 reaffirms the 6. Federalism (E.O. 13132) have a significant effect on the nation’s
principles of E.O. 12866 while calling energy supply, distribution, or use.
In accordance with Executive Order
for improvements in the nation’s 12. Clarity of This Regulation
13132, this rule does not have sufficient
regulatory system to promote
federalism implications to warrant the We are required by Executive Orders
predictability, to reduce uncertainty,
preparation of a federalism summary 12866 and 12988 and by the
and to use the best, most innovative,
impact statement. It would not Presidential Memorandum of June 1,
and least burdensome tools for
substantially and directly affect the 1998, to write all rules in plain
achieving regulatory ends. The
relationship between the Federal and language. This means that each rule we
Executive Order directs agencies to
state governments. A federalism publish must:
consider regulatory approaches that
summary impact statement is not (a) Be logically organized;
reduce burdens and maintain flexibility
required.
and freedom of choice for the public (b) Use the active voice to address
where these approaches are relevant, 7. Civil Justice Reform (E.O. 12988) readers directly;
feasible, and consistent with regulatory In accordance with Executive Order (c) Use clear language rather than
objectives. E.O. 13563 emphasizes 12988, the Office of the Solicitor has jargon;
further that regulations must be based determined that this rule does not (d) Be divided into short sections and
on the best available science and that unduly burden the judicial system and sentences; and
the rulemaking process must allow for meets the requirements of sections 3(a) (e) Use lists and tables wherever
public participation and an open and 3(b)(2) of the Executive Order. possible.
exchange of ideas. We have developed
this rule in a manner consistent with 8. Consultation With Indian Tribes (E.O. List of Subjects in 43 CFR Part 2
these requirements. 13175) Freedom of information.
2. Regulatory Flexibility Act Under the criteria in Executive Order
Elizabeth Klein,
mstockstill on DSK3G9T082PROD with RULES

13175, we have evaluated this rule and
determined that it has no potential Principal Deputy Assistant Secretary for
The Department of the Interior
Policy, Management and Budget.
certifies that this rule will not have a effects on federally recognized Indian
significant economic effect on a tribes. This rule does not have tribal For the reasons stated in the
substantial number of small entities implications that impose substantial preamble, the Department of the Interior
under the Regulatory Flexibility Act (5 direct compliance costs on Indian Tribal amends part 2 of title 43 of the Code of
U.S.C. 601 et seq.). governments. Federal Regulations as follows:

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Document Created: 2018-02-14 09:09:38
Document Modified: 2018-02-14 09:09:38
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 rule is effective on January 19, 2017.
Contact		Cindy Cafaro, Office of Executive Secretariat and Regulatory Affairs, 202-208-5342.
FR Citation		81 FR 92692
RIN Number		1093-AA21
81 FR 92692 - Freedom of Information Act Regulations

DEPARTMENT OF THE INTERIOROffice of the Secretary

Federal Register Volume 81, Issue 244 (December 20, 2016)

DEPARTMENT OF THE INTERIOR
Office of the Secretary
