[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Rules and Regulations]
[Pages 16207-16218]
[FR Doc No: 2014-06503]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 7

[Docket No. DOT-OST-2010-0297]
RIN 2105-AD99

Public Availability of Information; Freedom of Information Act

AGENCY: Office of the Secretary (OST), U.S. Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The U.S. Department of Transportation (DOT) is revising its
regulations implementing the Freedom of Information Act (FOIA)
following a period of public comment on its proposed rule. The purposes
for the revision are to update the regulations to be consistent with
amendments to FOIA that were signed into law on December 31, 2007, and
October 28, 2009, to revise DOT's fee schedule and other charges, and
to make provisions clearer and easier to locate.

DATES: This rule is effective May 27, 2014.

ADDRESSES: Comments submitted to the docket for this rulemaking are
available at Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, or
electronically at http://www.regulations.gov. Anyone is able to search
the electronic form of all comments in any one of our dockets by the
name of the individual who submitted the comment (or signing the
comment, if submitted on behalf of an association, business, or labor
union). You may review the U.S. Department of Transportation's (DOT)
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70, Pages 19477-78).

FOR FURTHER INFORMATION CONTACT: John Allread, Attorney-Advisor, Office
of the General Counsel, Department of Transportation, Washington, DC,
at<EMAIL_ADDRESS>or<PHONE_NUMBER>; or Claire McKenna, Attorney-
Advisor, Office of the General Counsel, Department of Transportation,
Washington, DC, at<EMAIL_ADDRESS>or<PHONE_NUMBER>; or Kathy
Ray, Departmental FOIA Officer, Office of the General Counsel,
Department of Transportation, Washington, DC, at<EMAIL_ADDRESS>or
(202) 366-4542.

SUPPLEMENTARY INFORMATION: These regulations implementing FOIA, 5
U.S.C. 552, were published for public comment in the Federal Register
December 27, 2010 (75 FR 81191), the comment period ended on February
25, 2011, and two commenters provided input. One commenter addressed
language in proposed 49 CFR 7.26(b) that the commenter said is
inconsistent with the FOIA, court precedent, and U.S. Department of
Justice (DOJ) guidance. We adopt this comment, as follows:
    As originally proposed by DOT, Sec.  7.26(b) would have included a
clause stating that DOT makes a reasonable effort to search electronic
records in the manner in which they are designed to be searched (i.e.,
without reprogramming).
    The commenter objects to this clause, which does not appear in
DOT's current FOIA regulations, and could be taken as an attempt by DOT
to limit the flexibility we must have to re-program electronic records
to meet the needs of a FOIA requester. It was not our intention to
limit our required flexibility in this area, or to vary from DOJ
guidance or court precedent. The commenter requests that the clause be
deleted and we agree.
    We also received comments from the National Archives and Records
Administration's Office of Government Information Services (OGIS). In
general, OGIS supported DOT's proposed regulatory revisions,
emphasizing our efforts to make them consistent with the OPEN
Government Act of 2007 and the OPEN FOIA Act of 2009.
    The OGIS recommended that DOT reconsider language in the proposed
rule that appears to require that a request for records be explicitly
marked as a ``FOIA Request'' in order to qualify as such. It was not
our intention to require that requests be explicitly identified by the
requester to qualify as a FOIA request; in fact, the language of the
rule states that requests ``should'' be marked ``FOIA request,'' rather
than stating that they ``shall'' be so marked. To eliminate any
potential misunderstanding about this aspect of the rule, we have
revised the section heading for Sec.  7.24 from ``What must a FOIA
request contain?'' to ``How do I submit a FOIA request?''. The OGIS
also recommended that in cases where the requested information is
publicly available, we so advise the requester and allow him/her access
online or through other means. We agree and already process requests
for publicly accessible information in a manner consistent with this
recommendation by referring requesters to information available on the
Internet or providing hard copies.
    With regard to Sec.  7.28, OGIS recommended that DOT components
handle consultations and referrals received from other agencies or DOT
components according to the date that the FOIA request was received by
the first component or agency. We agree and added a new subsection (d)
to Sec.  7.28 to address this comment.
    The OGIS recommended that DOT establish an individualized tracking
number for all FOIA requests that will take longer than 10 days to
process, inform requesters of the tracking number assigned to their
request, and provide a mechanism for requesters to obtain information
about the status of their requests. The DOT's existing FOIA processing
procedures are consistent with these recommendations. We added a
subsection (3)(b) to Sec.  7.31 to publicize these procedures, as
further suggested by OGIS.
    The OGIS noted that Sec.  7.32(d)(1) would mandate that FOIA
appeals must be made within 30 calendar days from the date of the
initial determination and suggested that this time period be extended
to 45 or 60 days, as is the standard at many agencies. The OGIS further
recommended that the referenced date should be the postmark date. We
agree with these suggestions and have revised Sec.  7.32(d)(1) to
change the appeal period to 45 days, measured from the date that the
initial determination is signed to the postmark date on the appeal
letter.
    The OGIS also recommended that DOT accept appeals by electronic
mail. We agree and removed the language from Sec.  7.32(d)(1) that
prohibited submission of appeals by electronic mail.
    The OGIS had several comments regarding DOT's procedures for FOIA
appeals. Specifically, OGIS suggested that we direct requesters to work
with DOT components' FOIA public liaisons to resolve disputes; to work
with OGIS to resolve disputes between FOIA requesters and DOT as a non-
exclusive alternative to litigation; and that DOT coordinate
collaboratively with OGIS in OGIS's review of agencies' policy and
procedures. The DOT not only appreciates OGIS' comments, but also the
valuable service that OGIS provides to requesters and agencies. The
DOT's existing FOIA processing procedures already comport with OGIS'
recommendations, as documented in DOT's FOIA Reference Guide;
therefore, we determined that further revisions to our regulations are
unnecessary. With regard to ``Subpart E--Fees,'' OGIS recommended that
DOT direct FOIA professionals to provide each requester with a
breakdown of the total fee

estimate. The DOT agrees and already processes FOIA requests consistent
with this recommendation; therefore, we determined that further
revisions to our regulations are unnecessary to implement this
recommendation.
    In addition, we removed language in Sec.  7.33(a)(2) that noted,
parenthetically, that DOT could not extend the time limit for reply to
an appeal based on unusual circumstances if DOT had extended the time
limit for this reason in its initial response. Upon further review, we
determined that this limitation is not explicitly required by FOIA's
statutory language and that it would unduly restrict DOT's ability to
extend timelines when needed because of unusual circumstances, as
permitted under FOIA.
    On January 17, 2014, President Obama signed into law the
Consolidated Appropriations Act, 2014, Division L--Transportation,
Housing and Urban Development and Related Agencies Appropriations Act,
2014, Public Law 113-76 (Jan. 17, 2014), which included language
transferring the previous functions of the Research and Innovative
Technology Administration (RITA) to the newly formed Office of the
Assistant Secretary for Research and Technology within the Office of
the Secretary. Thus, the Office of the Assistant Secretary for Research
and Technology is now an office within the Office of the Secretary and,
as a result, we have deleted the references to RITA in Sec. Sec.  7.2
and 7.15.
    Finally, we have made a few other minor (non-substantive) changes
to grammar or to achieve consistency in punctuation.

Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review), Executive Order
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures

    The DOT has considered the impact of this rulemaking action under
Executive Orders 12866 and 13563 (January 18, 2011, ``Improving
Regulation and Regulatory Review''), and the DOT's regulatory policies
and procedures (44 FR 11034; February 26, 1979). The DOT has determined
that this action does not constitute a significant regulatory action
within the meaning of Executive Order 12866 and within the meaning of
DOT regulatory policies and procedures. Further, the Office of
Management and Budget has advised us that this rule is not significant.
We expect that the economic impact of this rulemaking will be minimal.
The rule does not increase the fees that DOT charges requesters for
copies, and increases the threshold under which DOT will not charge
fees from $10 to $20. In addition, although the rule alters the way
that DOT charges search fees by splitting the previous search fees
performed by GS-9 through GS-14 into two categories (one for GS-9 to
GS-12 and a new category for GS-13 to GS-14), we do not expect that
this will result in an aggregate increase in search costs to
requesters. Lastly, DOT is increasing the charge associated with
requests for certified copies from $4 to $10 based on the resources
necessary to satisfy these requests. Requests for certified copies make
up a very small percentage of DOT's total number of FOIA requests each
year, and, therefore, we expect very few requesters to be impacted by
this modest change. We believe that any increase in fees implemented in
this rule will be off-set by reductions in fees also implemented in
this rule, such as the increase in the threshold under which fees will
not be charged from $10 to $20.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), DOT has evaluated the effects of these changes on
small entities. I hereby certify that this rule will not have a
significant economic impact on a substantial number of small entities
because this rule merely clarifies and updates DOT's FOIA procedures in
light of amendments to FOIA that were signed into law on December 31,
2007, and October 28, 2009, and will not result in an expenditure of
funds by small entities.

National Environmental Policy Act

    The agency has analyzed the environmental impacts of this proposed
action pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and has determined that it is categorically
excluded pursuant to DOT Order 5610.1C, Procedures for Considering
Environmental Impacts (44 FR 56420, Oct. 1, 1979). Categorical
exclusions are actions identified in an agency's NEPA implementing
procedures that do not normally have a significant impact on the
environment and therefore do not require either an environmental
assessment (EA) or environmental impact statement (EIS). See 40 CFR
1508.4. In analyzing the applicability of a categorical exclusion, the
agency must also consider whether extraordinary circumstances are
present that would warrant the preparation of an EA or EIS. Id.
Paragraph 3.c.5 of DOT Order 5610.1C incorporates by reference the
categorical exclusions for all DOT Operating Administrations. This
action is covered by the categorical exclusion listed in the Federal
Highway Administration's implementing procedures, ``[p]romulgation of
rules, regulations, and directives.'' 23 CFR 771.117(c)(20). The
purpose of this rulemaking is to revise the agency's administrative
process in implementing the Freedom of Information Act. The agency does
not anticipate any environmental impacts and there are no extraordinary
circumstances present in connection with this rulemaking.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132 dated August 4, 1999, and
it has been determined that it does not have sufficient implications
for Federalism to warrant the preparation of a Federalism Assessment.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget for each collection of information they conduct,
sponsor, or require through regulations. The DOT has determined that
this action does not contain a collection of information requirement
for the purposes of the PRA.

Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4, 109 Stat. 48, March 22, 1995), requires Federal agencies to
assess the effects of certain regulatory actions on State, local, and
tribal Governments, and the private sector. The UMRA requires a written
statement of economic and regulatory alternatives for proposed and
final rules that contain Federal mandates. A ``Federal mandate'' is a
new or additional enforceable duty, imposed on any State, local, or
tribal Government, or the private sector. If any Federal mandate causes
those entities to spend, in aggregate, $143.1 million or more in any
one year (adjusted for inflation), an UMRA analysis is required. This
rule would not impose Federal mandates on any State, local, or tribal
Governments or the private sector.

List of Subjects in 49 CFR Part 7

    Public availability of information.

    Issued in Washington, DC, on March 12, 2014.
Kathryn B. Thomson,
Acting General Counsel.

0
In consideration of the foregoing, DOT amends Title 49, Code of Federal
Regulations, chapter I, by revising part 7 to read as follows:

PART 7--PUBLIC AVAILABILITY OF INFORMATION

Subpart A--General Provisions
Sec.
7.1 General.
7.2 Definitions.
Subpart B--Information Required To Be Made Public by DOT
7.11 What records are published in the Federal Register, and how are
they accessed?
7.12 What records are available in reading rooms, and how are they
accessed?
7.13 How are copies of publicly available records obtained?
7.14 Redaction of Information That is Exempt from Disclosure.
7.15 Protection of Records.
Subpart C--Availability of Reasonably Described Records

Under the Freedom of Information Act

7.21 What does this subpart cover?
7.22 Who administers this subpart?
7.23 What limitations apply to disclosure?
7.24 How do I submit a FOIA request?
7.25 How does DOT handle first-party requests?
7.26 To what extent and in what format are records searched and made
available?
7.27 What are the designated DOT FOIA Requester Service Centers?
7.28 How does DOT handle requests that concern more than one
Government agency?
7.29 When and how does DOT consult with submitters of commercial
information?
Subpart D--Time Limits
7.31 What time limits apply to DOT with respect to initial
determinations?
7.32 What time limits apply to a requester when appealing DOT's
initial or final determination?
7.33 What time limits apply to DOT with respect to administrative
appeals (final determinations)?
7.34 When and how are time limits applicable to DOT extended?
7.35 When and how is the twenty day time limit for rendering an
initial determination tolled?
Subpart E--Fees
7.41 When and how are processing fees imposed for records that are
made available under subpart B or processed under subpart C of this
part?
7.42 What is DOT's fee schedule for records requested under subpart
C of this part?
7.43 When are fees waived or reduced for records requested under
subpart C of this part?
7.44 How can I pay a processing fee for records requested under
subpart B or subpart C of this part?
7.45 When are pre-payments required for records requested under
subpart C of this part, and how are they handled?
7.46 How are late payments handled?

    Authority: 5 U.S.C. 552; 31 U.S.C. 9701; 49 U.S.C. 322; E.O.
12600; E.O. 13392.

Subpart A--General Provisions

Sec.  7.1  General.

    (a) This part implements the Freedom of Information Act, 5 U.S.C.
552, as amended, and prescribes rules governing the public availability
of Department of Transportation (DOT) records.
    (b) Subpart B of this part contains the DOT regulations concerning
the public availability of:
    (1) Records and indices that DOT is required to publish in the
Federal Register pursuant to 5 U.S.C. 552(a)(1) (described in Sec.
7.11(a)); and
    (2) Records and indices that DOT is required to make available to
the public in a reading room without need for a specific request,
pursuant to 5 U.S.C. 552(a)(2) (described in Sec.  7.12(a)).
    (c) Subpart C of this Part contains the DOT regulations concerning
records that may be requested from DOT under the FOIA, namely, records
that DOT is not required to publish in the Federal Register or make
publicly available in a reading room under 5 U.S.C. 552(a)(2)(A), (B),
(C), and (E) and frequently requested records even if DOT has made them
publicly available as required under 5 U.S.C. 552(a)(2)(D). Because DOT
and its components make many of these records available on their Web
pages (http://www.dot.gov or http://www.dot.gov/foia), requesters may
find it preferable to obtain such records directly from the Web pages
instead of submitting a FOIA request, if the Web pages contain records
that meet their needs.
    (d) Subpart D of this part contains the DOT regulations concerning
time limits applicable to processing requests for records under subpart
C.
    (e) Subpart E of this part contains the DOT regulations concerning
processing fees applicable to records made available under subpart B or
requested under subpart C.

Sec.  7.2  Definitions.

    Unless the context requires otherwise, the following definitions
apply in this part:
    Act and FOIA mean the Freedom of Information Act, 5 U.S.C. 552, as
amended.
    Administrator means the head of each Operating Administration.
    Components--see the definition of Department in this section.
    Concurrence means that the approval of the individual being
consulted is required in order for the subject action to be taken.
    Confidential commercial information means trade secrets and
confidential, privileged, and/or proprietary business or financial
information submitted to DOT by any person.
    Consultation has its ordinary meaning; the approval of the
individual being consulted is not required in order for the subject
action to be taken.
    Department or DOT means the Department of Transportation, including
the Office of the Secretary, the Office of Inspector General, and all
DOT Operating Administrations, any of which may be referred to as a DOT
component. This definition specifically excludes the Surface
Transportation Board, which has its own FOIA regulations at 49 CFR part
1001.
    First-party request means a request by an individual for records
pertaining to that individual.
    Hourly rate means the actual hourly base pay for a civilian
employee.
    Operating Administration means one of the following components of
the Department:
    (1) Federal Aviation Administration;
    (2) Federal Highway Administration;
    (3) Federal Motor Carrier Safety Administration;
    (4) Federal Railroad Administration;
    (5) Federal Transit Administration;
    (6) Maritime Administration;
    (7) National Highway Traffic Safety Administration;
    (8) Pipeline and Hazardous Materials Safety Administration; and
    (9) Saint Lawrence Seaway Development Corporation.
    Reading room records are those records required to be made
available to the public without a specific request under 5 U.S.C.
552(a)(2), as described in Sec.  7.12 of subpart B of this part. DOT
makes reading room records available to the public electronically
through its FOIA Web pages (http://www.dot.gov/foia) and at the
physical locations identified in Sec.  7.12(b). Other records may also
be made available at DOT's discretion through DOT Web pages (http://www.dot.gov).
    Record includes any writing, drawing, map, recording, diskette,
DVD, CD-ROM, tape, film, photograph, or other documentary material,
regardless of medium, by which information is preserved. The term also
includes any such documentary material stored electronically by
computer.
    Redact means delete or mark over.
    Representative of the news media means any person or entity that
gathers

information of potential interest to a segment of the public, uses its
editorial skills to turn the raw materials into a distinct work, and
distributes that work to an audience. ``News'' means information that
is about current events or that would be of current interest to the
public.
    Responsible DOT official means the head of the DOT Operating
Administration concerned, or the General Counsel or the Inspector
General, as the case may be, or the designee of any of them authorized
to take an action under this Part.
    Secretary means the Secretary of Transportation or any individual
to whom the Secretary has delegated authority in the matter concerned.
    Toll means temporarily stop the running of a time limit.

Subpart B--Information Required To Be Made Public by DOT

Sec.  7.11  What records are published in the Federal Register, and how
are they accessed?

    (a) General. Pursuant to 5 U.S.C. 552(a)(1), DOT publishes the
following records in the Federal Register and makes an index of the
records publicly available. For purposes of this paragraph, material
that is reasonably available to the class of persons affected by the
material is considered to be published in the Federal Register when the
material is incorporated by reference with the approval of the Director
of the Federal Register.
    (1) Descriptions of DOT's organization and the established places
at which, the officers from whom, and the methods by which, the public
may secure information and make submittals or obtain decisions;
    (2) Statements of the general course and methods by which DOT's
functions are channeled and determined, including the nature and
requirements of all formal and informal procedures available;
    (3) Rules of procedure, descriptions of forms available or the
places at which forms may be obtained, and instructions as to the scope
and contents of all papers, reports, or examinations;
    (4) Substantive rules of general applicability adopted as
authorized by law and statements of general policy or interpretations
of general applicability formulated and adopted by DOT; and
    (5) Each amendment, revision, or repeal of any material listed in
paragraphs (a)(1) through (4) of this section.
    (b) Federal Register locations. DOT makes its Federal Register
publications and indices publicly available at the physical locations
identified in Sec.  7.12(b). The publications and indices can be
accessed online at http://www.federalregister.gov.

Sec.  7.12  What records are available in reading rooms, and how are
they accessed?

    (a) General. Pursuant to 5 U.S.C. 552(a)(2), unless the following
records are promptly published and offered for sale or published in the
Federal Register, DOT and its components make the following records,
and an index to the records, available in a reading room, including an
electronic reading room if the records were created by DOT on or after
November 1, 1996:
    (1) Final opinions, including concurring and dissenting opinions,
as well as orders, made in the adjudication of cases;
    (2) Statements of policy and interpretations that have been adopted
by DOT and are not published in the Federal Register;
    (3) Administrative staff manuals and instructions to staff that
affect a member of the public; and
    (4) Copies of all records, regardless of form or format, that have
been released to any person under subpart C of this Part and that,
because of the nature of their subject matter, DOT determines have
become or are likely to become the subject of subsequent requests for
substantially the same records.
    (5) A general index of the records listed in paragraph (a)(4) of
this section.
    (b) Reading room locations. DOT makes its reading room records and
indices (in the form of lists or links) available at http://www.dot.gov/foia and at the following physical locations:
    (1) DOT Dockets Office, 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590: hours of operation: 9 a.m. to 5 p.m. ET, Monday
through Friday except Federal holidays; telephone:<PHONE_NUMBER>,
(202) 366-9826, or<PHONE_NUMBER>. DOT provides a computer terminal and
printer at this location for accessing electronic reading room records.
    (2) National Highway Traffic Safety Administration (NHTSA)
Technical Information Services public record unit: 1200 New Jersey
Avenue SE., Room W12-300, Washington, DC 20590; hours of operation:
9:30 a.m. to 5 p.m. ET, Monday through Friday except Federal holidays;
telephone<PHONE_NUMBER>. NHTSA provides a computer terminal and
printer at this location for accessing electronic reading room records.
    (3) Other public record units maintained by DOT components (e.g.,
at regional offices): Information concerning the availability of a
computer terminal and printer at such units, and the location and hours
of operation of such units, can be obtained through the DOT Dockets
Office at<PHONE_NUMBER>,<PHONE_NUMBER>, or<PHONE_NUMBER>.

Sec.  7.13  How are copies of publicly available records obtained?

    (a) Copies of materials covered by this subpart that are published
and offered for sale. Records that are ordinarily made available to the
public as a part of an information program of the Government, such as
news releases and pamphlets, may be obtained upon request by contacting
the appropriate DOT location identified in Sec.  7.12(b) or the sources
identified in Sec.  7.41(g), and paying the applicable duplication fee
or purchase price. Whenever practicable, DOT also makes the
publications available at the appropriate physical locations identified
in Sec.  7.12(b).
    (b) Copies of materials covered by this subpart that are not
published and offered for sale. Such records may be ordered, upon
payment of the appropriate fee (if any fee applies), through the
applicable FOIA Requester Service Center or through the DOT Dockets
Office identified in Sec.  7.12(b):
    (1) Per copy of each page (not larger than 8.5 x 14 inches)
reproduced by photocopy or similar means--US $0.10.
    (2) Per copy prepared by any other method of duplication--actual
direct cost of production.
    (3) Copies are certified upon request by contacting the applicable
FOIA Requester Service Center listed in Sec.  7.27 and paying the fee
prescribed in Sec.  7.41(e).

Sec.  7.14  Redaction of information that is exempt from disclosure.

    Whenever DOT determines it to be necessary to prevent the
disclosure of information required or authorized to be withheld by FOIA
or another Federal statute (such as, to prevent a clearly unwarranted
invasion of personal privacy), DOT redacts such information from any
record covered by this subpart that is published or made available. A
full explanation of the justification for the deletion accompanies the
record published or made available.

Sec.  7.15  Protection of records.

    Records made available to the public under this subpart may not be
removed, altered, destroyed, or mutilated (this excludes duplicate
copies that are provided to a member of the public to take and keep).
18 U.S.C. 641 provides for criminal penalties for embezzlement or theft
of Government records. 18 U.S.C. 2071 provides for criminal

penalties for the willful and unlawful concealment, mutilation or
destruction of, or the attempt to conceal, mutilate, or destroy,
Government records.

Subpart C--Availability of Reasonably Described Records Under the
Freedom of Information Act

Sec.  7.21  What does this subpart cover?

    (a) Except as otherwise provided in paragraph (b) of this section,
this subpart applies to reasonably described records that are made
available in response to written requests under FOIA.
    (b) This subpart does not apply to:
    (1) Records published in the Federal Register.
    (2) Records published and offered for sale.
    (3) Records (other than frequently requested records) made
available in a reading room.
    (4) Records or information compiled for law enforcement purposes
and covered by the disclosure exemption described in Sec.
7.23(c)(7)(A) if--
    (i) The investigation or proceeding involves a possible violation
of criminal law; and
    (ii) There is reason to believe that--
    (A) The subject of the investigation or proceeding is not aware of
its pendency; and
    (B) Disclosure of the existence of the records could reasonably be
expected to interfere with enforcement proceedings.
    (5) Informant records maintained by any criminal law enforcement
component of DOT under an informant's name or personal identifier, if
requested by a third party according to the informant's name or
personal identifier, unless the informant's status as an informant has
been officially confirmed.

Sec.  7.22  Who administers this subpart?

    (a) A Chief FOIA Officer is appointed by the Secretary to oversee
DOT's compliance with the Act pursuant to 5 U.S.C. 552(k). The DOT
Chief FOIA Officer is designated at 49 CFR 1.27a as the Career Deputy
General Counsel.
    (b) Each DOT FOIA Requester Service Center listed in Sec.  7.27 is
the initial point of contact for providing information about its
processing of requests.
    (c) One or more Public Liaisons are designated by the Chief FOIA
Officer for each DOT FOIA Requester Service Center listed in Sec.
7.27. Public Liaisons assist requesters in reducing delays and
resolving disputes, as described in 5 U.S.C. 552(k)(6).
    (d) Authority to administer this subpart and to issue
determinations with respect to initial requests and appeals of initial
denials has been delegated as follows:
    (1) To the General Counsel for the records of the Office of the
Secretary by 49 CFR 1.27.
    (2) To the Inspector General for records of the Office of Inspector
General by 49 CFR 1.74.
    (3) To the Administrator of each DOT Operating Administration for
records of that component by 49 CFR 1.81.
    (4) Each responsible DOT official may redelegate the authority to
issue final determinations of appeals of initial denials to that
official's deputy or to not more than one other officer who reports
directly to the official and who is located at the headquarters of that
DOT component.
    (5) Any such final determination by an Administrator or an
Administrator's designee (following an appeal of an initial denial) is
subject to concurrence by the General Counsel or the General Counsel's
designee, if the final determination is not to disclose a record or
portion of a record under this part, or not to grant a request for a
fee waiver or reduction.
    (6) The Inspector General or the Inspector General's designee must
consult with the General Counsel or the General Counsel's designee
before issuing a final determination following an appeal of an initial
denial, if the final determination is not to disclose a record or
portion of a record under this part, or not to grant a request for a
fee waiver or reduction.

Sec.  7.23  What limitations apply to disclosure?

    (a) Policy. It is DOT policy to make its records available to the
public to the greatest extent possible, in keeping with the spirit of
FOIA. This includes releasing reasonably segregable and meaningful
nonexempt information in a document from which exempt information is
withheld.
    (b) Statutory disclosure requirement. As provided in 5 U.S.C.
552(a)(3)(A), DOT makes reasonably described records available upon
request from a member of the public, when the request is submitted in
accordance with this subpart, except to the extent that the records
contain information exempt from FOIA's mandate of disclosure as
provided in 5 U.S.C. 552(b).
    (c) Statutory exemptions. Exempted from FOIA's statutory disclosure
requirement are matters that are:
    (1) Specifically authorized under criteria established by an
Executive Order to be kept secret in the interest of national defense
or foreign policy, and are in fact properly classified pursuant to such
Executive Order;
    (2) Related solely to the internal personnel rules and practices of
an agency;
    (3) Specifically exempted from disclosure by statute (other than
the Privacy Act, 5 U.S.C. 552a, or Open Meetings Act, 5 U.S.C. 552b, as
amended), in that the statute:
    (i) Requires that the matters be withheld from the public in such a
manner as to leave no discretion on the issue, establishes particular
criteria for withholding, or refers to particular types of matters to
be withheld; or
    (ii) Specifically allows withholding from release under FOIA by
citation to 5 U.S.C. 552;
    (4) Trade secrets and commercial or financial information obtained
from a person and privileged or confidential;
    (5) Inter-agency or intra-agency memorandums or letters which would
not be available by law to a party other than an agency in litigation
with the agency;
    (6) Personnel and medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion of personal
privacy;
    (7) Records or information compiled for law enforcement purposes,
but only to the extent that the production of such law enforcement
records or information--
    (i) Could reasonably be expected to interfere with enforcement
proceedings;
    (ii) Would deprive a person of a right to a fair or an impartial
adjudication;
    (iii) Could reasonably be expected to constitute an unwarranted
invasion of personal privacy;
    (iv) Could reasonably be expected to disclose the identity of a
confidential source, including a State, local, tribal, or foreign
agency or authority or any private institution which furnished
information on a confidential basis, and, in the case of a record or
information compiled by a criminal law enforcement authority in the
course of a criminal investigation or by an agency conducting a lawful
national security intelligence investigation, information furnished by
a confidential source;
    (v) Would disclose techniques and procedures for law enforcement
investigations or prosecutions or would disclose guidelines for law
enforcement investigations or prosecutions, if such disclosure could
reasonably be expected to risk circumvention of the law; or
    (vi) Could reasonably be expected to endanger the life or physical
safety of any individual;
    (8) Contained in or related to examination, operating, or condition
reports prepared by, on behalf of, or for the use of an agency
responsible for the

regulation or supervision of financial institutions; or
    (9) Geological and geophysical information and data, including
maps, concerning wells.
    (d) Redacted information. DOT indicates the amount of information
redacted from records released under the FOIA and the exemption(s)
relied upon in redacting the information, at the place in the record
where the redaction is made, when technically feasible and when doing
so does not harm an interest protected by the exemption concerned.
    (e) Non-confidentiality of requests. DOT releases the names of FOIA
requesters and descriptions of the records they have sought, as shown
on DOT FOIA logs, except to the extent that a statutory exemption
authorizes or requires withholding of the log information.

Sec.  7.24  How do I submit a FOIA request?

    (a) Each person desiring access to or a copy of a record covered by
this subpart must make a written request (via paper, facsimile or
electronic mail) for the record. The request should--
    (1) Indicate that it is being made under FOIA;
    (2) Display the word ``FOIA'' prominently on the envelope or on the
subject line of the email or facsimile;
    (3) Be addressed to the appropriate FOIA Requester Service Center
as set forth in Sec.  7.27;
    (4) State the format (e.g., paper, compact disc) in which the
information is sought, if the requester has a preference (see Sec.
7.26(c)); and
    (5) Describe the record or records sought to the fullest extent
possible. In this regard, the request should describe the subject
matter of the record and, if known, indicate the date when it was made,
the place where it was made, and the individual or office that made it.
If the description does not enable the office handling the request to
identify or locate the record sought, that office will contact the
requester for additional information. So that the office may contact
the requester for additional information, the request should provide
the requester's complete contact information, including name, address,
telephone number, and email address, if any.
    (b) With respect to fees, the request must--
    (1) Specify the fee category (commercial use, news media,
educational institution, noncommercial scientific institution, or
other; see Sec.  7.42(g)) in which the requester claims the request
falls and the basis of this claim (see subpart E of this Part for fees
and fee waiver requirements);
    (2) Support any request for fee waiver by addressing, to the
fullest extent possible, how the criteria set out in Sec.  7.43(c) for
establishing that the request is in the public interest have been met,
if relevant;
    (3) State the maximum amount of fees that the requester is willing
to pay and/or include a request for a fee waiver or reduction (if a
maximum amount is not stated by the requester, DOT will assume the
requester is willing to pay up to US $25);
    (c) If the requester seeks expedited processing at the time of the
initial request, the request must include a statement supporting
expedited processing, as set forth in Sec.  7.31(c);
    (d) A request is not considered to be a FOIA request if the record
or records sought are insufficiently described such that DOT is unable
to respond as required by FOIA. The twenty Federal working day limit
for responding to requests, described in Sec.  7.31(a)(2), will not
start to run until the request is determined by DOT to be sufficiently
understood to enable DOT to respond as contemplated under FOIA (or
would have been so determined with the exercise of due diligence by an
employee of DOT) and is considered received (see paragraph (e)); and
    (e) Provided the request is considered to be a FOIA request (see
paragraph (d)), the request is considered received when it is first
received by the FOIA office to which it should have been originally
sent, as shown in Sec.  7.27, but in any event not later than ten
Federal working days after it is first received by any DOT FOIA
Requester Service Center identified in Sec.  7.27.
    (f) As provided in Sec.  7.35, DOT's time limit for responding to a
FOIA request as set forth in subpart D may be tolled one time to seek
additional information needed to clarify the request and as often as
necessary to clarify fee issues with the requester.

Sec.  7.25  How does DOT handle first-party requests?

    (a) DOT processes FOIA requests from first-party requesters in
accordance with this regulation. DOT also processes such requests in
accordance with the Privacy Act (5 U.S.C. 552a) if the records reside
in a Privacy Act system of records (defined in 5 U.S.C. 552a(a)(5) as a
system from which information is retrieved by the individual's name or
some other personal identifier). Whichever statute provides greater
access is controlling.
    (b) First party requesters must establish their identity to DOT's
satisfaction before DOT will process the request under the Privacy Act.
DOT may request that first party requesters authenticate their identity
to assist with our evaluation of the application of FOIA exemptions,
such as FOIA Exemption 6, 5 U.S.C. 552(b)(6), to the requested records.
Acceptable methods of authenticating the requester's identity include
those outlined in DOT's Privacy Act regulations at 49 CFR 10.37.

Sec.  7.26  To what extent and in what format are records searched and
made available?

    (a) Existing records. A request may seek only records that are in
existence at the time of the request. In determining which records are
responsive to a request, DOT ordinarily will include only records in
its possession as of the date it begins its search for them. If any
other date is used, DOT will inform the requester of that date. DOT
considers records created after the beginning of the search to be non-
responsive to a request. A request made under this subpart may not
require that new records be created in response to the request by, for
example, combining or compiling selected items from manual files,
preparing a new computer program, or calculating proportions,
percentages, frequency distributions, trends, or comparisons. DOT may,
in its discretion, create a new record as an alternative to disclosing
existing records, if DOT determines that creating a new record will be
less burdensome than disclosing large volumes of unassembled material
and if the requester consents to accept the newly-created record in
lieu of the existing records.
    (b) Electronic records. DOT makes a reasonable effort to search
electronic records without significantly interfering with the operation
of the affected information system.
    (c) Format of production. DOT provides records in the form or
format sought by the requester, if the records are readily reproducible
in that form or format.
    (d) Photocopying of records. Original records ordinarily are copied
except where, in DOT's judgment, copying would endanger the quality of
the original or raise the reasonable possibility of irreparable harm to
the record. Original records are not released from DOT custody. DOT may
make records requested under this subpart available for inspection and
copying during regular business hours at the place where the records
are located.
    (e) If no responsive record is located. If DOT cannot locate a
requested record in agency files after a reasonable search (e.g.,
because the record was never

created or was disposed of), DOT so notifies the requester.

Sec.  7.27  What are the designated DOT FOIA Requester Service Centers?

    (a) A request for a record under this subpart may be submitted via
paper, facsimile, or electronic mail to the FOIA Requester Service
Center designated for the DOT component where the records are located,
at the electronic mail addresses or facsimile numbers identified at
http://www.dot.gov/foia or the mailing addresses indicated below
(unless a more up-to-date mailing address has been designated at http://www.dot.gov/foia):
    (1) FOIA Requester Service Centers at 1200 New Jersey Avenue SE.,
Washington, DC 20590:
    (i) FOIA Requester Service Center at Federal Highway
Administration, Room E64-302 (unless a more specific address has been
designated by FHWA at http://www.fhwa.dot.gov/foia);
    (ii) FOIA Requester Service Center at Federal Motor Carrier Safety
Administration, Room W66-458;
    (iii) FOIA Requester Service Center at Federal Railroad
Administration, Room W33-437;
    (iv) FOIA Requester Service Center at Federal Transit
Administration, Room E42-315;
    (v) FOIA Requester Service Center at Maritime Administration, Room
W24-233;
    (vi) FOIA Requester Service Center at National Highway Traffic
Safety Administration, Room W41-311;
    (vii) FOIA Requester Service Center at Office of the Secretary of
Transportation, Room W94-122;
    (viii) FOIA Requester Service Center at Office of Inspector
General, Room W70-329;
    (ix) FOIA Requester Service Center at Pipeline and Hazardous
Materials Safety Administration, Room E23-306; and
    (2) FOIA Requester Service Center at Federal Aviation
Administration, 800 Independence Avenue SW., Room 306, Washington, DC
20591 (unless a more specific address has been designated by FAA at
http://www.faa.dot.gov/foia).
    (3) FOIA Requester Service Center at Associate Administrator's
Office, Saint Lawrence Seaway Development Corporation, 180 Andrews
Street, P.O. Box 520, Massena, NY 13662-0520.
    (b) If the person making the request does not know where in DOT the
records are located, the person may submit the request to the FOIA
Requester Service Center at Office of the Secretary of Transportation,
1200 New Jersey Avenue SE., Room W94-122, Washington, DC 20590 or by
facsimile:<PHONE_NUMBER>. Requesters also may contact the FOIA Requester
Service Center at the Office of the Secretary of Transportation at 202-
366-4542 with questions about how to submit a FOIA request or to
confirm the mailing addresses indicated in this part.
    (c) Requests for records under this part, and FOIA inquiries
generally, may be made by accessing the DOT Home Page on the Internet
(http://www.dot.gov) and clicking on the Freedom of Information Act
link (http://www.dot.gov/foia).

Sec.  7.28  How does DOT handle requests that concern more than one
Government agency?

    (a) If the release of a DOT-created record covered by this subpart
would be of concern to DOT and one or more other Federal agencies, the
determination as to release is made by DOT, but only after consultation
with the other concerned agency.
    (b) If the release of a DOT-created record covered by this subpart
would be of concern to DOT and a State, local, or tribal Government, a
territory or possession of the United States, or a foreign Government,
the determination as to release is made by DOT, but only after
consultation with the other concerned Governmental jurisdiction.
    (c) DOT refers a request for a non-DOT-created record covered by
this subpart (or the relevant portion thereof) for decision by the
Federal agency that is best able to determine the record's exemption
status (usually, this is the agency that originated the record), but
only if that agency is subject to FOIA. DOT makes such referrals
expeditiously and notifies the requester in writing that a referral has
been made. DOT informs the requester that the Federal agency to which
DOT referred the request will respond to the request, unless DOT is
precluded from attributing the record in question to that agency.
    (d) DOT components will handle all consultations and referrals they
receive from other agencies or DOT components according to the date the
FOIA request initially was received by the first agency or DOT
component, not any later date.

Sec.  7.29  When and how does DOT consult with submitters of commercial
information?

    (a) If DOT receives a request for a record that includes
information designated by the submitter of the information as
confidential commercial information, or that DOT has some other reason
to believe may contain information of that type (see Sec.  7.23(c)(4)),
DOT notifies the submitter expeditiously and asks the submitter to
submit any written objections to release (unless paragraphs (c) and (d)
of this section apply). At the same time, DOT notifies the requester
that notice and an opportunity to comment are being provided to the
submitter. To the extent permitted by law, DOT affords the submitter a
reasonable period of time to provide a detailed statement of any such
objections. The submitter's statement must specify all grounds for
withholding any of the information. The burden is on the submitter to
identify with specificity all information for which exempt treatment is
sought and to persuade the agency that the information should not be
disclosed.
    (b) The responsible DOT component, to the extent permitted by law,
considers carefully a submitter's objections and specific grounds for
nondisclosure prior to determining whether to disclose commercial
information. Whenever DOT decides to disclose such information over the
objection of a submitter, the office responsible for the decision
provides the submitter with a written notice of intent to disclose,
which is sent to the submitter a reasonable number of days prior to the
specified date upon which disclosure is intended. The written notice to
the submitter includes:
    (1) A statement of the reasons for which the submitter's disclosure
objections were not accepted;
    (2) A description of the commercial information to be disclosed;
and
    (3) A specific disclosure date.
    (c) The notice requirements of this section do not apply if:
    (1) DOT determines that the information should not be disclosed;
    (2) The information lawfully has been published or otherwise made
available to the public; or
    (3) Disclosure of the information is required by law (other than 5
U.S.C. 552).
    (d) The procedures established in this section do not apply in the
case of:
    (1) Information submitted to the National Highway Traffic Safety
Administration and addressed in 49 CFR part 512.
    (2) Information contained in a document to be filed or in oral
testimony that is sought to be withheld pursuant to Rule 12 of the
Rules of Practice in Aviation Economic Proceedings (14 CFR 302.12).
    (e) Whenever a requester brings suit seeking to compel disclosure
of confidential commercial information, the responsible DOT component
promptly notifies the submitter. The submitter may be joined as a
necessary party in any suit brought against DOT or a DOT component for
nondisclosure.

Subpart D--Time Limits

Sec.  7.31  What time limits apply to DOT with respect to initial
determinations?

    (a) In general. (1) DOT ordinarily responds to requests according
to their order of receipt.
    (2) DOT makes an initial determination whether to release a record
requested pursuant to subpart C of this Part within twenty Federal
working days after the request is received by the appropriate FOIA
Requester Service Center designated in Sec.  7.27, except that DOT may
extend this time limit by up to ten Federal working days, or longer, in
accordance with Sec.  7.34. In addition, DOT may toll this time limit
one time to seek additional information needed to clarify the request
and as often as necessary to clarify fee issues with the requester (see
Sec.  7.35).
    (3) DOT notifies the requester of DOT's initial determination. If
DOT decides to grant the request in full or in part, DOT makes the
record (or the granted part) available as promptly as possible. If DOT
denies the request in full or in part, because the record (or the
denied part) is subject to an exemption, is not within DOT's custody
and control, or was not located following a reasonable search, DOT
notifies the requester of the denial in writing and includes in the
notice the reason for the determination, the right of the requester to
appeal the determination, and the name and title of each individual
responsible for the initial determination to deny the request. The
denial letter includes an estimate of the volume of records or
information withheld, in number of pages or other reasonable form of
estimation. This estimate does not need to be provided if the volume is
otherwise indicated through deletions on records disclosed in part, or
if providing an estimate would harm an interest protected by an
applicable exemption. DOT marks or annotates records disclosed in part
to show both the amount and location of the information deleted
whenever practicable (see Sec.  7.23(d)).
    (b) Multi-track processing of initial requests. (1) A DOT component
may use two or more processing tracks by distinguishing between simple
and more complex requests based on the amount of work and/or time
needed to process the request, or based on the number of pages
involved.
    (2) A DOT component using multi-track processing may provide
requesters in its slower track(s) with an opportunity to limit the
scope of their requests in order to qualify for faster processing
within the specified limits of the component's faster track(s). In that
event, the component contacts the requester either by telephone,
letter, facsimile, or electronic mail, whichever is most efficient in
each case.
    (3) Upon receipt of a request that will take longer than ten days
to process, a DOT component shall assign an individualized tracking
number to the request and notify the requester of the assigned number.
Requesters may contact the appropriate DOT component FOIA Requester
Service Center to determine the status of the request.
    (c) Expedited processing of initial requests. (1) Requests are
processed out of order and given expedited treatment whenever a
compelling need is demonstrated and DOT determines that the compelling
need involves:
    (i) Circumstances in which the lack of expedited treatment could
reasonably be expected to pose an imminent threat to the life or
physical safety of an individual; or
    (ii) A request made by a person primarily engaged in disseminating
information, with a time urgency to inform the public of actual or
alleged Federal Government activity.
    (2) A request for expedited processing may be made at the time of
the initial request for records or at any later time. For a prompt
determination, the request for expedited processing must be received by
the FOIA office for the component that maintains the records requested,
as identified in Sec.  7.27.
    (3) A requester who seeks expedited processing must submit a
statement, certified to be true and correct to the best of that
individual's knowledge and belief, explaining in detail the basis for
requesting expedited processing. A requester within the category in
paragraph (c)(1)(ii) of this section must establish a particular
urgency to inform the public about the Government activity involved in
the request, beyond the public's right to know about Government
activity generally.
    (4) Within ten calendar days of receipt of a request for expedited
processing, the proper component decides whether to grant it and
notifies the requester of the decision. If DOT grants a request for
expedited treatment, the request is given priority and is processed as
soon as practicable. If DOT denies a request for expedited processing,
any appeal of that denial is acted on expeditiously.

Sec.  7.32  What time limits apply to a requester when appealing DOT's
initial or final determination?

    (a) Denial of records request. When the responsible DOT official
determines that a record request will be denied, in whole or in part,
because the record is subject to an exemption, is not in DOT's custody
and control, or was not located following a reasonable search, DOT
provides the requester with a written statement of the reasons for that
determination, as described in Sec.  7.31(a)(3), and of the right to
appeal the determination within DOT.
    (b) Denial of fee waiver. When the responsible DOT official denies,
in whole or in part, a request for a waiver of fees made pursuant to
Sec.  7.24(b) or Sec.  7.43(c), DOT provides the requester with written
notification of that determination and of the right to appeal the
determination within DOT.
    (c) Denial of expedited processing. When the responsible DOT
official denies a request for expedited processing made pursuant to
Sec.  7.31(c), DOT provides the requester with written notice of that
determination and of the right to appeal the determination within DOT.
    (d) Right to administrative appeal. Any requester to whom a record
has not been made available within the time limits established by Sec.
7.31 and any requester who has been provided a written determination
pursuant to paragraphs (a), (b), or (c) of this section may appeal to
the responsible DOT official.
    (1) Each appeal must be made in writing to the appropriate DOT
appeal official and postmarked or, in the case of electronic or
facsimile transmissions transmitted, within forty-five calendar days
from the date the initial determination is signed and should include
the DOT file or reference number assigned to the request and all
information and arguments relied upon by the person making the request.
The contact information for all DOT component appeal officials is
identified in the DOT FOIA Reference Guide. The envelope in which a
mailed appeal is sent or the subject line of an appeal sent
electronically or by facsimile should be prominently marked: ``FOIA
Appeal.'' The twenty Federal working day limit described in Sec.
7.33(a) will not begin to run until the appeal has been received by the
appropriate office and identified as an appeal under FOIA, or would
have been so identified with the exercise of due diligence, by a DOT
employee.
    (2) Whenever the responsible DOT official determines it is
necessary, the official may require the requester to furnish additional
information, or proof of factual allegations, and may order other
proceedings appropriate in the circumstances. DOT's time limit for
responding to an appeal may be extended as provided in Sec.  7.34. The
decision of the responsible DOT official as to the availability of the
record, the

appropriateness of a fee waiver or reduction, or the appropriateness of
expedited processing, constitutes final agency action for the purpose
of judicial review.
    (3) The decision of the responsible DOT official to deny a record
request, to deny a request for a fee waiver or reduction, or to deny a
request for expedited processing is considered to be a denial by the
Secretary for the purpose of 5 U.S.C. 552(a)(4)(B).
    (4) When the responsible DOT official denies an appeal, the
requester is informed in writing of the reasons for the denial of the
request and the names and titles or positions of each person
responsible for the determination, and that judicial review of the
determination is available in the United States District Court for the
judicial district in which the requester resides or has his or her
principal place of business, the judicial district in which the
requested records are located, or the District of Columbia.
    (e) Right to judicial review. Any requester who has not received an
initial determination on his or her request within the time limits
established by Sec.  7.31 can seek immediate judicial review, which may
be sought without the need to first submit an administrative appeal.
Any requester who has received a written determination denying his or
her administrative appeal or who has not received a written
determination of his or her administrative appeal within the time
limits established by Sec.  7.33 can seek judicial review. A
determination that a record request is denied, that a request for a fee
waiver or reduction is denied, and/or that a request for expedited
processing is denied does not constitute final agency action for the
purpose of judicial review unless it is made by the responsible DOT
official. Judicial review may be sought in the United States District
Court for the judicial district in which the requester resides or has
his or her principal place of business, the judicial district in which
the requested records are located, or the District of Columbia.

Sec.  7.33  What time limits apply to DOT with respect to
administrative appeals (final determinations)?

    (a) In general. (1) DOT ordinarily processes appeals according to
their order of receipt.
    (2) DOT issues a determination with respect to any appeal made
pursuant to Sec.  7.32(d) within twenty Federal working days after
receipt of such appeal, except that in unusual circumstances DOT may
extend this time limit by up to ten Federal working days in accordance
with Sec.  7.34(a) or for more than ten Federal working days in
accordance with Sec.  7.34(b). DOT notifies the requester making the
appeal immediately, in writing, if the agency takes an extension of
time. DOT may inform the requester making the appeal, at any time, of
exceptional circumstances delaying the processing of the appeal (see
Sec.  7.34(c)).
    (b) Multi-track processing of appeals. (1) A DOT component may use
two or more processing tracks by distinguishing between simple and more
complex appeals based on the amount of work and/or time needed to
process the appeal, or based on the amount of information involved.
    (2) A DOT component using multi-track processing may provide
persons making appeals in its slower track(s) with an opportunity to
limit the scope of their appeals in order to qualify for faster
processing within the specified limits of the component's faster
track(s). A component doing so will contact the person making the
appeal either by telephone, letter, facsimile, or electronic mail,
whichever is most efficient in each case.
    (c) Expedited processing of appeals. (1) An appeal is processed out
of order and given expedited treatment whenever a compelling need is
demonstrated and DOT determines that the compelling need involves:
    (i) Circumstances in which the lack of expedited treatment could
reasonably be expected to pose an imminent threat to the life or
physical safety of an individual; or
    (ii) A request made by a person primarily engaged in disseminating
information, with a time urgency to inform the public of actual or
alleged Federal Government activity.
    (2) A request for expedited processing may be made at the time of
the appeal or at a later time. For a prompt determination, a request
for expedited processing must be received by the component that is
processing the appeal for the records requested.
    (3) A requester who seeks expedited processing must submit a
statement, certified to be true and correct to the best of that
individual's knowledge and belief, explaining in detail the basis for
requesting expedited processing. A requester within the category in
paragraph (c)(1)(ii) of this section must establish a particular time
urgency to inform the public about the Government activity involved in
the request, beyond the public's right to know about Government
activity generally. A person granted expedited processing under Sec.
7.31(c) need merely certify that the same circumstances apply.
    (4) Within ten calendar days of receipt of a request for expedited
processing, the proper component will decide whether to grant it and
will notify the requester of the decision. If a request for expedited
treatment is granted, the appeal will be given priority and will be
processed as soon as practicable. If a request for expedited processing
of an appeal is denied, no further administrative recourse is
available.

Sec.  7.34  When and how are time limits applicable to DOT extended?

    (a) In unusual circumstances as specified in this section, DOT may
extend the time limits prescribed in Sec. Sec.  7.31 and 7.33 by
written notice to the person making the request or appeal, setting
forth the reasons for the extension and the date on which a
determination is expected to be issued. Such notice may not specify a
date that would result in a cumulative extension of more than ten
Federal working days without providing the requester an opportunity to
modify the request as noted in this section. As used in this paragraph,
``unusual circumstances'' means, but only to the extent reasonably
necessary to the proper processing of the particular request:
    (1) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request;
    (2) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records that are demanded in
a single request; and/or
    (3) The need for consultation, which will be conducted with all
practicable speed, with any other agency having a substantial interest
in the determination of the request or among two or more DOT components
having substantial interest therein.
    (b) When the extension is for more than ten Federal working days,
the written notice provides the requester with an opportunity to either
modify the request (e.g., by narrowing the record types or date ranges)
so that it may be processed within the extended time limit, or arrange
an alternative time period with the DOT component for processing the
request (e.g., by prioritizing portions of the request).
    (c) The DOT component may inform the requester, at any time, of
exceptional circumstances that apply to the processing of the request
or appeal (e.g., if the component is reducing a backlog of requests or
appeals in addition to processing current requests, or is experiencing
an unexpected deluge of

requests or appeals), as provided in 5 U.S.C. 552(a)(6)(C).
    (d) When a DOT component reasonably believes that multiple requests
submitted by a requester, or by a group of requesters acting in
concert, constitute a single request that would otherwise involve
unusual circumstances, and the requests involve clearly related
matters, DOT may aggregate the requests for the purposes of fees and
processing activities, which may result in an extension of the
processing time. Multiple requests involving unrelated matters are not
aggregated.

Sec.  7.35  When and how is the twenty day time limit for rendering an
initial determination tolled?

    The twenty Federal working day time period in which to render an
initial determination will proceed without interruption except as
provided in the following circumstances:
    (a) DOT may toll the initial twenty Federal working day time period
one time for the purpose of seeking additional information needed to
clarify the request. Examples of such instances include but are not
limited to:
    (1) When clarification is needed with regard to the scope of a
request; or
    (2) When the description of the record(s) being sought does not
enable the component handling the request to identify or locate the
record(s).
    (b) DOT may toll the initial twenty Federal working day time period
as often as necessary to clarify fee issues with the requester.
Examples of such instances include but are not limited to:
    (1) When the requester has not sufficiently identified the fee
category applicable to the request;
    (2) When the requester has not stated a willingness to pay fees as
high as anticipated by DOT; or
    (3) When a fee waiver request is denied and the requester has not
included an alternative statement of willingness to pay fees as high as
anticipated by DOT.

Subpart E--Fees

Sec.  7.41  When and how are processing fees imposed for records that
are made available under subpart B or processed under subpart C of this
part?

    (a) DOT imposes fees for services that DOT performs for the public
under subparts B and C of this part. Fees apply to all required and
special services performed by DOT employees, including employees of
non-appropriated fund activities, and contractors, if utilized.
    (b) DOT may assess a fee for time spent searching for records
requested under subpart C even if the search fails to locate records or
the records located are determined to be exempt from disclosure. In
addition, if records are requested for commercial use, DOT may assess a
fee for time spent reviewing any responsive records located to
determine whether they are exempt from disclosure.
    (c) When a request is made under subpart C by a first-party
requester and DOT processes the request under both FOIA and the Privacy
Act, DOT determines the fees for records in DOT Privacy Act systems of
record in accordance with the Privacy Act (as implemented by DOT
regulations at 49 CFR part 10) rather than the FOIA.
    (d) When DOT aggregates requests made under subpart C (see Sec.
7.34(d)), DOT apportions fees as set forth in Sec.  7.43(b).
    (e) As a special service, DOT may certify copies of records made
available under subpart B or released under subpart C, upon request and
payment of the applicable fee: with the DOT seal (where authorized)--US
$10; or true copy, without seal--US $5. Certified copies can be
requested by contacting the applicable FOIA Requester Service Center
(see Sec.  7.27) or the DOT Dockets Office identified in Sec.
7.12(b)(1).
    (f) DOT makes transcripts of hearings or oral arguments available
for inspection only. If transcripts are prepared by a nongovernmental
contractor and the contract permits DOT to handle the reproduction of
further copies, DOT assesses duplication fees as set forth in Sec.
7.42(d). If the contract for transcription services reserves the sales
privilege to the reporting service, any duplicate copies must be
purchased directly from the reporting service.
    (g) In the interest of making documents of general interest
publicly available at as low a cost as possible, DOT arranges
alternative sources whenever possible. In appropriate instances,
material that is published and offered for sale may be purchased from
the Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402-0001; U.S. Department of Commerce's National
Technical Information Service (NTIS), Springfield, VA 22151; or
National Audio-Visual Center, National Archives and Records
Administration, Capital Heights, MD 20743-3701.

Sec.  7.42  What is DOT's fee schedule for records requested under
subpart C of this part?

    (a) DOT calculates the hourly rates for manual searching, computer
operator/programmer time, and time spent reviewing records, when
performed by employees, based on the grades and rates in the General
Schedule Locality Pay Table for the Locality of Washington-Baltimore-
Northern Virginia, DC-MD-VA-WV-PA, or equivalent grades, plus 16% to
cover fringe benefits, as follows:
    (1) GS-1 through GS-8 (or equivalent)--Hourly rate of GS-5 step 7
plus 16%;
    (2) GS-9 through GS-12 (or equivalent)--Hourly rate of GS-10 step 7
plus 16%;
    (3) GS-13 through GS-14 (or equivalent)--Hourly rate of GS-13 step
7 plus 16%; and
    (4) GS-15 and above (or equivalent)--Hourly rate of GS-15 step 7
plus 16%.
    (b) DOT determines the standard fee for a manual or electronic
search to locate records by multiplying the searcher's hourly rate as
set forth in paragraph (a) of this section by the time spent conducting
the search.
    (c) DOT's standard fee for review of records is the reviewer's rate
set forth in paragraph (a) of this section, multiplied by the time the
reviewer spent determining whether the located records are responsive
to the request and whether the responsive records or segregable
portions are exempt from disclosure, as explained in paragraphs (h),
(i), and (j) of this section.
    (d) DOT determines the standard fee for duplication of records as
follows:
    (1) Per copy of each page (not larger than 8.5 x 14 inches)
reproduced by photocopy or similar means (includes costs of personnel
and equipment)--US $0.10.
    (2) Per copy prepared by any other method of duplication--actual
direct cost of production.
    (e) If DOT utilizes a contractor to perform any services described
in this section, the standard fee is based on the equivalent hourly
rate(s). DOT does not utilize contractors to discharge responsibilities
that only DOT may discharge under the FOIA.
    (f) In some cases, depending upon the category of requester and the
use for which the records are requested, the fees computed in
accordance with the standard fee schedule in paragraphs (a) through (e)
of this section are either reduced or not charged, as prescribed by
other provisions of this subpart.
    (g) For purposes of fees only, there are four categories of FOIA
requests:
    (1) Requests submitted by a commercial entity and/or for a
commercial use;
    (2) Requests submitted by an educational or noncommercial
scientific institution whose purpose is scholarly or scientific
research (and not for a commercial use);

    (3) Requests submitted by a representative of the news media; and
    (4) All other requests.
    (h) When records are requested by a commercial requester and/or for
a commercial use, the fees assessed are reasonable standard charges for
document search, duplication, and review.
    (i) When records are requested by an educational or noncommercial
scientific institution whose purpose is scholarly or scientific
research or by a representative of the news media (i.e., for a non-
commercial use), fees are limited to reasonable standard charges for
document duplication.
    (j) For any request not described in paragraph (h) or (i) of this
section, fees are limited to reasonable standard charges for document
search and duplication.
    (k) Fees under this subpart do not apply to any special study,
special statistical compilation, table, or other record requested under
49 U.S.C. 329(c). The fee for the performance of such a service is the
actual cost of the work involved in compiling the record. All such fees
received by DOT in payment of the cost of such work are deposited in a
separate account administered under the direction of the Secretary, and
may be used for the ordinary expenses incidental to providing the
information.

Sec.  7.43  When are fees waived or reduced for records requested under
subpart C of this part?

    (a) DOT does not charge fees to any requester making a request
under subpart C of this part for the following services:
    (1) Services for which the total amount of fees that could be
charged for the particular request (or aggregation of requests) is less
than US $20, after taking into account all services that must be
provided free of charge or at a reduced charge.
    (2) The first two hours of search time, unless the records are
requested for commercial use.
    (3) Duplication of the first 100 pages (standard paper, not larger
than 8.5 x 14 inches) of records, unless the records are requested for
commercial use.
    (4) Review time spent determining whether a record is exempt from
disclosure, unless the record is requested for commercial use. DOT does
not charge for review time except with respect to an initial review to
determine the applicability of a particular exemption to a particular
record or portion of a record. DOT does not charge for review at the
administrative appeal level. However, when records or portions of
records withheld under an exemption that is subsequently determined not
to apply are reviewed again to determine the applicability of other
exemptions not previously considered, this is considered an initial
review for purposes of assessing a review charge.
    (b) When DOT aggregates requests as provided in Sec.  7.34(d), DOT
charges each requester a ratable portion of the fees charged for
combined services rendered on behalf of all requesters.
    (c) DOT waives or reduces the fees described in Sec.  7.42(i) and
(j) when the requester makes a fee waiver or reduction request as
provided in Sec.  7.24(b) and establishes that disclosure of the
information is in the public interest as provided in 5 U.S.C. 552 and
this paragraph, and the DOT official having initial denial authority
determines that disclosure of the information is in the public interest
and is not primarily in the commercial interest of the requester. The
requester must establish all of the following factors to DOT's
satisfaction to show that the request is in the public interest:
    (1) That the subject matter of the requested records concerns the
operations or activities of the Federal Government;
    (2) That the disclosure is likely to contribute to an understanding
of Federal Government operations or activities;
    (3) That disclosure of the requested information will contribute to
the understanding of the public at large, as opposed to the
understanding of the individual requester or a narrow segment of
interested persons (to establish this factor, the requester must show
an intent and ability to disseminate the requested information to a
reasonably broad audience of persons interested in the subject);
    (4) That the contribution to public understanding of Federal
Government operations or activities will be significant; and
    (5) That the requester does not have a commercial interest that
would be furthered by the requested disclosure or that the magnitude of
any identified commercial interest to the requester is not sufficiently
large in comparison with the public interest in disclosure to render
the disclosure one that is primarily in the commercial interest of the
requester.
    (d) DOT furnishes documents without charge or at a reduced charge
when the official having initial denial authority determines that the
request concerns records related to the death of an immediate family
member who was, at the time of death, a DOT employee.
    (e) DOT furnishes documents without charge or at a reduced charge
when the official having initial denial authority determines that the
request is by the victim of a crime who seeks the record of the trial
at which the requester testified.
    (f) DOT does not assess the following fees when DOT fails to comply
with the time limits under Sec.  7.31 or Sec.  7.33 and no unusual or
exceptional circumstances (see Sec.  7.34(a) and (c)) apply to the
processing of the request or appeal:
    (1) Search fees otherwise chargeable under Sec.  7.42(h) and (j);
and
    (2) Duplication fees otherwise chargeable under Sec.  7.42(i).

Sec.  7.44  How can I pay a processing fee for records requested under
subpart B or subpart C of this part?

    Fees typically should be paid online, using a credit card, debit
card, or electronic check. The DOT FOIA page (http://www.dot.gov/foia)
has direct links to the electronic payment site. Any fees paid with a
paper check, draft, or money order must be made payable to the U.S.
Treasury and delivered as directed by the applicable FOIA Requester
Service Center identified in Sec.  7.27 (if the fees are for records
made available under subpart C) or the DOT Dockets Office identified in
Sec.  7.12(b)(1) (if the fees are for records made available under
subpart B).

Sec.  7.45  When are pre-payments required for records requested under
subpart C of this part, and how are they handled?

    (a) When DOT estimates that the search charges, review charges,
duplication fees, or any combination of fees that could be charged to
the requester will likely exceed US $25, DOT notifies the requester of
the estimated amount of the fees, unless the requester has previously
indicated a willingness to pay fees as high as those anticipated. In
cases where DOT notifies the requester that actual or estimated fees
may amount to more than US $25, the time limit for responding to the
request is tolled until the requester has agreed to pay the anticipated
total fee (see Sec.  7.35). The notice also informs the requester how
to consult with the appropriate DOT officials with the object of
reformulating the request to meet his or her needs at a lower cost.
    (b) DOT may require payment of fees prior to actual duplication or
delivery of any releasable records to a requester. However, advance
payment, i.e., before work is commenced or continued on a request, is
not required unless:
    (1) Allowable charges that a requester may be required to pay are
likely to exceed US $250; or

    (2) The requester has failed to pay within 30 days of the billing
date fees charged for a previous request to any part of the U.S.
Government.
    (c) When paragraph (b)(1) of this section applies, DOT notifies the
requester of the estimated cost. If the requester has a history of
prompt payment of FOIA fees, the requester must furnish satisfactory
assurance of full payment of the estimated charges. Otherwise, the
requester may be required to make advance payment of any amount up to
the full estimated charges.
    (d) When paragraph (b)(2) of this section applies, DOT requires the
requester to either demonstrate that the fee has been paid or pay the
full amount owed, including any applicable interest, late handling
charges, and penalty charges as discussed in Sec.  7.46. DOT also
requires such a requester to make an advance payment of the full amount
of the estimated fee before DOT begins processing a new request or
continues processing a pending request.
    (e) In the event that a DOT component is required to refund a
prepayment, the processing of the refund may necessitate collection of
the requester's Taxpayer Identification Number or Social Security
Number and direct deposit information (bank routing number and bank
account number) under 31 U.S.C. 3325, 31 U.S.C. 3332, and 31 CFR Part
208.

Sec.  7.46  How are late payments handled?

    (a) DOT assesses interest on an unpaid bill starting on the 31st
day following the day on which the notice of the amount due is first
mailed to the requester. Interest accrues from the date of the notice
of amount due at the rate prescribed in 31 U.S.C. 3717. Receipt by DOT
of a payment for the full amount of the fees owed within 30 calendar
days after the date of the initial billing stops the accrual of
interest, even if the payment has not been processed.
    (b) If DOT does not receive payment of the fees charged within 30
calendar days after the date the initial notice of the amount due is
first mailed to the requester, DOT assesses an administrative charge to
cover the cost of processing and handling the delinquent claim. In
addition, DOT applies a penalty charge with respect to any principal
amount of a debt that is more than 90 days past due. Where appropriate,
DOT uses other steps permitted by Federal debt collection statutes,
including disclosure to consumer reporting agencies and use of
collection agencies, to encourage payment of amounts overdue.

[FR Doc. 2014-06503 Filed 3-24-14; 8:45 am]
BILLING CODE 4910-62-P


[Federal Register Volume 79, Number 145 (Tuesday, July 29, 2014)]
[Rules and Regulations]
[Pages 43939-43940]
[FR Doc No: 2014-17841]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0622]

Drawbridge Operation Regulation; Tennessee River, Decatur, AL

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulations.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Southern Railroad Drawbridge across
the Tennessee River, mile 304.4, at Decatur, Alabama. The deviation is
necessary to allow the bridge owner time to replace and adjust the down
haul operating ropes that are essential to the continued safe operation
of the drawbridge. This deviation allows the bridge to remain in the
closed-to-navigation position and not open to vessel traffic.

DATES: This deviation is effective from 8 a.m., August 12, 2014 to 10
p.m., August 14, 2014.

ADDRESSES: The docket for this deviation, (USCG-2014-0622) is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of

Transportation West Building, 1200 New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal Holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Eric A. Washburn, Bridge
Administrator, Western Rivers, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl F. Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Norfolk Southern Railroad requested a
temporary deviation for the Southern Railroad Drawbridge, across the
Tennessee River, mile 304.4, at Decatur, Alabama to remain in the
closed-to-navigation position on two days for 14 hours each day from 8
a.m. to 10 p.m. on August 12, 2014 and August 14, 2014 in order to
replace and adjust the down haul operation ropes.
    The Southern Railroad Drawbridge currently operates in accordance
with 33 CFR 117.5, which states the general requirement that drawbridge
shall open promptly and fully for the passage of vessels when a request
to open is given in accordance with the subpart.
    There are no alternate routes for vessels transiting this section
of the Tennessee River.
    The Southern Railroad Drawbridge, in the closed-to-navigation
position, provides a vertical clearance of 10.52 feet above normal
pool. Navigation on the waterway consists primarily of commercial tows
and recreational watercraft and will not be significantly impacted.
This temporary deviation has been coordinated with waterway users. No
objections were received.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: July 16, 2014.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2014-17841 Filed 7-28-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Proposed Rules]
[Pages 40076-40077]
[FR Doc No: 2013-16037]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0457; Airspace Docket No. 13-AWP-5]

Proposed Establishment and Modification of Class E Airspace;
Oakland, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace extending
upward from 700 feet above the surface at Metropolitan Oakland
International Airport, Oakland, CA. Controlled airspace is necessary to
accommodate aircraft using the Area Navigation (RNAV) Global
Positioning System (GPS) standard instrument approach procedures at the
airport. This action would also modify Class E surface airspace
designated as an extension to Class C airspace by removing the
navigation aids from the airspace designation. The FAA is proposing
this action to enhance the safety and management of aircraft operations
at the airport.

DATES: Comments must be received on or before August 19, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2013-
0457; Airspace Docket No. 13-AWP-5, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2013-0457 and Airspace Docket No. 13-AWP-5) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2013-0457 and Airspace Docket No. 13-AWP-5''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for

comments will be considered before taking action on the proposed rule.
The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov.. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by establishing Class E airspace extending
upward from 700 feet above the surface at Metropolitan Oakland
International Airport, Oakland, CA, to accommodate aircraft using the
RNAV (GPS) standard instrument approach procedures at the airport. This
action would enhance the safety and management of aircraft operations
at the airport. Also, for clarity for the Class E airspace designated
as an extension to a Class C airspace area, the navigation aids would
be removed from the regulatory text and replaced with airport reference
points.
    Class E airspace designations are published in paragraphs 6003 and
6005, respectively, of FAA Order 7400.9W, dated August 8, 2012, and
effective September 15, 2012, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designation listed in this document will
be published subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish and modify controlled airspace at Metropolitan
Oakland International Airport, Oakland, CA.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

     Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012 is amended as follows:

Paragraph 6003 Class E airspace designated as an extension to Class
C surface areas.

* * * * *

AWP CA E3 Oakland, CA [Modified]

Metropolitan Oakland International Airport, CA
    (Lat. 37[deg]43'17'' N., long. 122[deg]13'15'' W.)

    That airspace extending upward from the surface within 2.7 miles
each side of the Metropolitan Oakland International Airport 110[deg]
bearing extending from the 5-mile radius of the airport to 9 miles
east of the airport. This Class E airspace area is effective during
the specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Airport/Facility Directory.

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AWP CA E5 Oakland, CA [New]

Metropolitan Oakland International Airport, CA
    (Lat. 37[deg]43'17'' N., long. 122[deg]13'15'' W.)

    That airspace extending upward from 700 feet above the surface
within a 9-mile radius of the Metropolitan Oakland International
Airport and within 4 miles each side of the airport 305[deg] bearing
extending from the 9-mile radius of the airport to 26 miles
northwest of the airport.

    Issued in Seattle, Washington, on June 24, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-16037 Filed 7-2-13; 8:45 am]
BILLING CODE 4910-13-P