[Federal Register Volume 75, Number 154 (Wednesday, August 11, 2010)]
[Rules and Regulations]
[Pages 48585-48593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19841]
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COUNCIL ON ENVIRONMENTAL QUALITY
40 CFR Part 1515
RIN 0331-ZA01
Revision of Freedom of Information Act Regulations
AGENCY: Council on Environmental Quality.
ACTION: Final Rule.
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SUMMARY: This document amends the Council on Environmental Quality's
(CEQ) regulations governing the disclosure of information pursuant to
the requests made under the Freedom of Information Act (FOIA). These
revisions also reflect the principles established by President Obama's
Presidential Memoranda on ``Transparency and Open Government'' and
``Freedom of Information Act'' issued on January 21, 2009 and Attorney
General Holder's Memorandum on ``The Freedom of Information Act
(FOIA)'' issued on March 19, 2009. Additionally, the regulations have
been updated to reflect CEQ's policy and practices and reaffirm its
commitment to providing the fullest possible disclosure of records to
the public. The regulations provide for an online FOIA Requester
Service Center and Reading Room; electronic FOIA requests; access to
records published or released under FOIA in electronic format, provided
the record is readily reproducible in that form or format; designation
of a Chief FOIA Officer and FOIA Public Liaison; referral of requests
to appropriate Federal agencies or consultation with another agency, if
appropriate; review of requests in order of receipt; multi-tacking of
FOIA requests based on the amount of time and work involved in
processing requests; revision of CEQ's initial determination period
from 10 days to 20 days, beginning on the date CEQ receives a written
request; assignment of individualized tracking numbers for certain
requests; tolling of the time limit for CEQ to act on a request;
expedited processing of FOIA requests upon showing a showing of
compelling need; CEQ consultations with a requester to determine if a
FOIA request may be modified to allow for a more timely response, or to
arrange an alternative time frame for a response; informing the
requester of the volume of requested material withheld and the extent
of deletions in records released in response to a FOIA request;
increase in time for appeal from 45 to 60 days from the date of denial
of a request; extension of the time limit to respond to a request in
``unusual circumstances,'' and aggregation of clearly related requests
by a single requester or group of requesters. Further, CEQ's fee
structure is revised to include a method for computing fees based upon
the classification of the requester and the base pay of the employee
making the search, an increase of copying costs from $0.10 to $0.15 per
page, and a provision for waiving fees. Additional administrative
changes include reorganizing, renumbering, and renaming of the FOIA
subsections and updating addresses and telephone numbers.
DATES: This final rule is effective September 10, 2010.
FOR FURTHER INFORMATION CONTACT: Elizabeth Moss, FOIA Coordinator, 722
Jackson Place, NW., Washington, DC 20503 or (202) 456-6550.
SUPPLEMENTARY INFORMATION: On November 13, 2009, the Council on
Environmental Quality published a proposed rule that revised its
existing regulations under the FOIA and added new provisions
implementing the ``Openness Promotes Effectiveness in our National
Government Act of 2007'' (OPEN Government Act of 2007), Public Law 110-
175, 121 Stat. 2524 (Dec. 31, 2007) and the ``Electronic Freedom of
Information Act Amendments of 1996'' (Electronic FOIA Amendments),
Public
[[Page 48586]]
Law 104-231, 110 Stat. 3048 (Oct. 2, 1996). See 74 FR 58576, Nov. 13,
2009. Interested persons were afforded an opportunity to participate in
the rulemaking through submission of written comments on the proposed
rule. CEQ received three responses to its proposed rule. CEQ has
addressed the modifications suggested by the commenters and has made
other revisions to its proposed rule for clarity as well.
CEQ coordinates Federal environmental efforts and works closely
with agencies White House offices in the development of environmental
policies and initiatives. CEQ was established within the Executive
Office of the President by Congress as part of the National
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., (NEPA);
additional responsibilities were provided by the Environmental Quality
Improvement Act of 1970, 42 U.S.C. 4372 et seq. CEQ's current FOIA
regulations are published at 40 CFR part 1515 and are available on the
CEQ's FOIA Web site at: http://www.whitehouse.gov/administration/eop/ceq/foia. Promulgated in 1977, 42 FR 65158 (Dec. 30, 1977), they have
not been revised since to reflect current law or CEQ's policy and
practice of conducting its activities in an open manner and providing
the public with accurate and timely information about its activities.
Amendments to the FOIA, including OPEN Government Act of 2007 and the
1996 Electronic FOIA Amendments, require changes in CEQ FOIA practices
to promote openness and transparency in government, provide for public
access to information in an electronic format and ensure a prompt and
effective response to the public's requests for information. In
addition, the Freedom of Information Reform Act of 1986 (1986 Act),
Public Law 99-570, 100 Stat. 3207 (1986), the DOJ's ``New FOIA Fee
Waiver Policy Guidance'' (April 2, 1987) and the OMB's Uniform FOIA Fee
Schedule and Guidelines, 52 FR 10012, March 27, 1987, established
pursuant to the FOIA, require amendments to the FOIA fee provisions,
including a method for computing fees that is based upon the
classification of the requester and the base pay of the employee making
the search and a provision for waiving fees. Finally, the Presidential
Memorandum of January 21, 2009, ``Transparency and Openness,'' 74 FR
4685, and the Attorney General's March 19, 2009 FOIA policy guidance
have advised Federal agencies to apply a presumption of disclosure in
FOIA decision-making. The Attorney General's guidance further advises
that agencies should release information to the fullest extent of the
law, including information that may be legally withheld, provided there
is no foreseeable harm to an interest protected by an exemption or the
disclosure is not prohibited by law.
Consistent with these laws and guidance, CEQ undertook a
comprehensive review of its FOIA regulations. As a result CEQ proposes
to revise its regulations to more clearly reflect current law, CEQ's
current organizational structure, its record system configuration, and
FOIA policy and practice as well as to eliminate outdated regulatory
provisions. CEQ has modeled many of the provisions in today's rules on
similar regulations previously adopted by other Federal agencies. Thus,
many are identical to or closely resemble the requirements adopted by
other Federal agencies, and as such represent regulatory ``best
practices'' concerning FOIA procedures. The fee provisions reflect
OMB's FOIA fee provisions. Additional provisions reorganize and
renumber current FOIA regulations to reflect and implement the FOIA
amendments referenced above.
CEQ's policy of disclosure follows the Presidential Memorandum and
the Attorney General's guidance. Congress established CEQ to advise the
President on matters of environmental policy. Therefore, members of the
public should be advised that communications between CEQ and the
President (and their staff) may be confidential and thus may not be
released if they fall within a FOIA exemption. However, based on the
recommendation of the CEQ FOIA Officer or Appeals Officer, CEQ
considers the release of an entire record, even if it comes within an
exemption or contains policy advice, if its disclosure would not impair
Executive Branch policymaking processes or CEQ's participation in
decision-making.
Comments
CEQ received three responses to its request for comments: one from
an organization that represents state and local associations of home
builders and regularly relies on FOIA as part of its advocacy and two
from private citizens who submit FOIA requests. Each of these responses
contained several comments, which are available at the CEQ Proactive
Disclosure Reading Room at: http://www.whitehouse.gov/administration/eop/ceq/foia/readingroom.
In general, all commenters supported CEQ's proposed regulatory
revisions. One commenter observed that it was encouraging to see that
CEQ was bringing its FOIA response practices ``up to date''; another
noted that the regulatory changes will facilitate greater access and
public disclosure of information: ``the public in general and FOIA
requesters will greatly benefit from these proposed changes.'' Within
this context, all three commenters requested clarifications and, in
several instances, additions to the FOIA regulations.
One commenter was ``encouraged'' that CEQ's proposed revisions
specifically respond to the Presidential Memorandum of January 21, 2009
and the Attorney General's March 19, 2009, FOIA policy guidance but
noted that ``CEQ makes no mention of a presumption of openness, full
disclosure, or increased transparency anywhere in its revisions.'' The
same commenter states that CEQ's proposed deletion of Sec. 1515,10(c)
is in direct conflict with the 2009 directives. A commitment to the
Presidential Memorandum as well as the Attorney General's guidelines is
the driving force behind the revision of CEQ's FOIA regulations. CEQ
has revised Section 1515.10(c) to make this intention clear.
One commenter stated that CEQ's designation of its Chief FOIA
Officer as also the agency's Appeals Officer constitutes ``a conflict
of interest.'' CEQ appreciates the commenter's interest in ensuring
that FOIA appeals decisions are rendered on their own merits and
without consideration of potentially conflicting administrative or
policy considerations. However, CEQ has observed no such conflicts and,
to the contrary, has found that its FOIA program has functioned well
with a Chief FOIA Officer who benefits from the practical experience of
appeals work. Moreover, CEQ remains a small agency that typically does
not maintain sufficient career staff with FOIA expertise to ensure that
the Chief FOIA Officer and Appeals Officer positions can be maintained
by different individuals. Therefore, Section 1515.4(b) of the final
regulation makes clear that the Chief FOIA Officer is responsible for
oversight of the CEQ's administration of the Freedom of Information
Act; he or she does not encounter FOIA requests and responses directly
but, rather, designates a CEQ FOIA Officer to manage daily business,
including receiving, routing, and overseeing the processing of all FOIA
requests. The Chief FOIA Officer maintains general familiarity with
CEQ's FOIA practice, which makes the Chief FOIA Officer the logical
choice for Appeals Officer.
Two commenters expressed concerns about CEQ's proposed response
time. The first asserts that CEQ would like to
[[Page 48587]]
use a ``complicated formula of tolling to delay a timely response'' and
that Section 1515.6 ``should not be put into practice or into the CEQ's
rules.'' The OPEN Government Act of 2007 amended FOIA's existing time
period provision by setting forth statutory provisions regarding when
the time period commences and when and how often it can be ``tolled,''
or stopped. Section1515.6 of CEQ's revised regulations are consistent
with those statutory provisions (See OPEN Government Act Sec. 6
(codified at 5 U.S.C. 552(a)(6)(A)). CEQ proposed shortening the
interval during which a requester can file an appeal from 45 days to 30
days once the requester has received an adverse determination through a
request for clarification. While supporting this proposed reduction of
the interval, a commenter noted inconsistencies between the time period
specified in the section-by-section analysis of the proposed regulation
and the regulatory language itself. CEQ has decided to provide a 60-day
time period for submitting an appeal.
One comment questions the justification for CEQ's adjustment of its
fee schedule. CEQ finds that this modest adjustment, the first since
the initial publication of CEQ's FOIA regulations in 1977, reflects the
increased cost of human resources, specifically the base salary of FOIA
staff, in addition to a rise in paper costs and copying equipment. The
final fee adjustment is consistent with OMB Fee Guidelines (See 52 FR
10012).
The same commenter states that CEQ's policy of consulting
requesters about costs associated with a search likely to surface a
voluminous amount of records before the search constitutes a means to
``withhold information.'' CEQ experience with requests for voluminous
records, including extensive e-mail records, confirms that consulting
with requesters can reduce costs and provide for more timely and
informative responses. FOIA provides for two hours of free search time
and copies the first 100 pages of records at no cost to all but
commercial requesters.
One commenter requested the addition of language in the preamble or
the regulations that provides for the protection of sensitive
archeological information in response to FOIA requests. Several other
statutes and regulations relating to cultural resources provide this
authority for withholding of archeological resource information. CEQ
does not typically maintain non-public records related to archeological
sites, but would protect those records in accordance with FOIA and
other applicable law. CEQ finds that the regulations adequately protect
these interests and has declined to specifically identify other
applicable authorities at this time.
Another comment concerned the intersection of the proposed
regulations with CEQ's NEPA regulations, specifically 40 CFR 1506(f)
which provides that Environmental Impact Statements, the comments
received, and the underlying information be made available to the
public by Federal agencies pursuant to FOIA at no charge to the extent
practicable. The commenter suggested that this section should be
referenced in the preamble or the rule. CEQ agrees that its FOIA
resources, particularly its Proactive Disclosure Reading Room, should
be used to advance NEPA's goals of transparency and public
accountability in decision-making. As resources allow, CEQ will use its
Proactive Disclosure Reading Room and associated Web sites
(particularly http://www.nepa.gov) to make environmental documents more
accessible to the public.
Section-by-Section Analysis
Section 1515.1. The FOIA, 5 U.S.C. 552, allows the public access to
Federal agency records except those that are protected from release by
nine specified exemptions. Language is added to the end of this section
advising requesters that the regulations should be read together with
the FOIA.
Sections 1515.2(b) and 1515.2(c). Sections 1515.2(b) and Section
1515.2(c) are deleted in their entirety. Information about CEQ's
purpose and functions is available online at http://www.whitehouse.gov/administration/eop/ceq. In 1995 Congress passed the Federal Reports
Elimination and Sunset Act (Pub. L. 104-66) aimed at reducing paperwork
in government, in part through the elimination of a list of reports
identified in House Document No. 103-7. CEQ's Environmental Quality
Report was listed on page 41. In addition, CEQ no longer maintains the
``Quarterly Reports'' referred to in Section 1515.2(c)
Sections 1515.3(a) and (c). These sections have been revised to
reflect the current organizational structure of CEQ. Although the
National Environmental Policy Act creates CEQ to have three members
appointed by the President and confirmed by the Senate (42 U.S.C 4342),
in accordance with CEQ annual appropriations, the Council consists of
one member.
Section 1515.3(e). This section has been deleted to reflect CEQ's
current organizational structure. CEQ currently has an Associate
Director for Communications but does not have a ``Public Affairs''
office.
Section 1515.3(f). The hours of operation and CEQ telephone number
and zip code have been updated in this section.
Section 1515.4(a). The Open Government Act of 2007, amending 5
U.S.C. 552(j), requires agencies to designate a Chief FOIA Officer who
is responsible for the efficient and appropriate compliance with and
implementation of the FOIA. At CEQ, this official may also serve as the
FOIA Appeals Officer and, along with the FOIA Public Liaison designated
in Subsection 1515.3(d), is designated to provide a clear point of
contact for the public in dealing with the CEQ on FOIA matters. Thus, a
new Section 1515.4(a) implements these laws and incorporates the
information described in the current Section 1515.5(a).
Section 1515.4(b). The OPEN Government Act of 2007, amending 5
U.S.C. 552(k)(6), requires agencies to designate a FOIA Public Liaison
who reports to the Chief FOIA Officer and whose role is to provide
information to the public regarding the status of its FOIA requests and
to receive ``concerns about the service a requester has received from
the [FOIA Requester Service] Center.'' The OPEN Government Act of 2007,
at 5 U.S.C. 552(l), further directs the Public Liaison to ``assist, as
appropriate, in reducing delays, increasing transparency and
understanding of the status of requests, and resolving disputes.'' At
CEQ, the FOIA Public Liaison is the FOIA Officer responsible for
reviewing and making the initial determination on a FOIA request. Thus,
a new Section 1515.4(b) is added to implement these laws and CEQ
current practice.
Section 1515.5(a). The language in this section has been deleted,
and the information concerning CEQ's ``Chief FOIA Officer'' and
``Appeals Officer'' has been moved to a new Section 1515.4. In
addition, this section has been renamed ``Availability of Records.''
Pursuant to Section 2(c)(i) of E.O. 13392, CEQ maintains an online FOIA
Requester Service Center ``which shall serve as the first place that a
FOIA requester can contact to seek information concerning the status of
the person's FOIA request and appropriate information about the
agency's FOIA response.'' The 1996 FOIA Amendments, amending 5 U.S.C
552(a)(2), requires agencies to make records that may be the subject of
future requests, including computer telecommunications, created on or
after November 1, 1996, available by electronic means. Accordingly,
language
[[Page 48588]]
is added to this section to implement these laws.
Section 1515.5(b)(1). To reflect current CEQ practice, the language
in this section is deleted in its entirety and replaced with the
process the public follows when requesting information from CEQ. Like
the original section, the new Section 1515.5(b)(1) requires all
requests to be in writing and provides updated address and telephone
contact information. It has also been revised to add language notifying
requesters that they may submit FOIA requests via e-mail or facsimile.
Section 1515.5(b)(2). The first two sentences of this section are
deleted in their entirety, and the information contained in these
deletions are reorganized and stated in Section 1515.5(b)(1). The
language in current Section 1515.5(b)(3) is moved to this section.
Additionally, the 1996 Amendments, amending 5 U.S.C. 552(a)(3)(B),
require agencies to provide records in the form or format requested
``if the record is readily reproducible by the agency in that form or
format.'' Accordingly, language is added to this section notifying
requesters to specify the form or format in which they wish to receive
their response; otherwise CEQ will produce the request in the form or
format most accessible to CEQ. Requesters are advised that FOIA
requests themselves are part of CEQ's agency records subject to public
release under FOIA.
Section 1515.5(b)(3). This language has been reorganized and
incorporated into Section 1515.5(b)(2). In addition, the Open
Government Act of 2007, amending 5 U.S.C. 552(a)(6)(B)(iii)(III),
grants agencies the authority to consult with another agency with a
substantial interest in the determination of the request. The 1996
Amendments, amending 5 U.S.C 552(a)(6)(D)(i) and (ii), allow agencies
to provide for multi-track processing of requests for records based on
the amount of time and/or work involved in processing of requests and
to allow a FOIA requester whose request does not qualify for the
fastest multi-track processing an opportunity to limit the scope of the
request in order to qualify for faster processing. Thus language is
added to this section to implement these amendments.
Section 1515.5(b)(5). The Open Government Act of 2007, amending 5
U.S.C. 552(a)(6)(A), provides that the statutory time period for
determination commences ``on the date on which the request is first
received by the appropriate component of the agency, but in any event
not later than ten days after the request is first received by any
component of the agency that is designated in the agency's regulations
under this section to receive requests.'' The language in the current
Section 1515.5(b)(5) is deleted to reflect current law. In addition,
the new Sec. 1515.6 contains new language notifying requesters that
the determination period begins on the date CEQ receives the request.
Section 1515.6(a) This section renumbers and revises current
Section 1515.5(c)(1). The 1996 Act, amending 5 U.S.C. 552(a)(6)(A)(i),
lengthened the time within which agencies must respond to FOIA requests
from 10 to 20 working days. Moreover, the OPEN Government Act of 2007
added Sections 552(a)(6)(A)(ii)(I) and (II) to the FOIA which provide
authority for agencies to toll the 20 day determination period.
Specifically, an agency ``may make one request to the requester for
information and toll'' the statutory time period ``while it is awaiting
such information that it has reasonably requested from the requester.''
It may also toll the time period ``if necessary to clarify with the
requester issues regarding fee assessment.'' There is no limit given
for the number of times the agency may go back to a requester to
clarify issues regarding fee assessments, which may need to be done in
stages as the records are being located and processed. In both
situations, the agency's receipt of the requester's response to the
agency's request ``ends the tolling period.'' Accordingly, the time
limit for determination is revised and language is added to this
subsection to implement these laws.
Section 1515.6(b). The OPEN Government Act of 2007, which added 5
U.S.C. 552(a)(7), requires agencies to assign a tracking number for
each request that will require more than 10 days to process and provide
requesters with information regarding the status of their request. It
further requires agencies to establish a phone number or an internet
site to enable requesters to inquire about the status of their request.
Accordingly, this section has been added to implement these
requirements.
Section 1515.6(c). This section renumbers current Section
1515.5(c)(2).
Section 1515.6(d). This section renumbers and revises current
Section 1515.5(c)(4). The 1996 Act and the OPEN Government Act of 2007,
amending 5 U.S.C. 552(a)(2), require agencies in the event of a denial,
in whole or in part, to indicate the extent of any deletion made in
released records and publicly available records and to inform the
requester of the estimated volume of material withheld. Thus language
is added to this section to implement these laws.
Section 1515.7. The 1996 Act, amending 5 U.S.C. 552(a)(6)(E)(i),
directs agencies to provide for expedited processing of FOIA requests
in cases of ``compelling need'' and in other cases, if any, determined
by the agency. Thus this new subsection 1515.7 is added which tracks
the language of the FOIA amendments. The FOIA also sets out procedures
for handling requests for expedited processing and for appeals which
are followed and incorporated in this section.
Section 1515.8(a). This section renumbers and revises current Sec.
1515.5(d)(1) and explains the appeals process to a FOIA request
determination. In order to streamline CEQ's FOIA process and provide
prompt responses, the time period for filing an appeal is increased to
60 days.
Section 1515.8(b). This section is added to advise requesters that
they may file written appeals via e-mail or facsimile.
Section 1515.8(d). This section renumbers and revises current Sec.
1515.5(d)(4). Language is added to notify requesters that the 20 day
appeal determination period does not include Saturdays, Sundays, and
Federal holidays.
Section 1515.9. This section renumbers and revises current Section
1515.5(e). The FOIA at 5 U.S.C. 552(a)(6)(B) and Section 1515.5(e) of
CEQ's current regulations permit CEQ, upon written notice to the
requester, to extend the time limit for acting on a request or appeal
if ``unusual circumstances'' exist. The 1996 Act, amending 5 U.S.C.
552(a)(6)(B)(ii), expanded this authority to permit agencies to further
extend the response time by notifying the requesters and providing them
with an opportunity to either limit the scope of their request so that
no extension is needed, or to arrange with the agency an alternative
time frame for processing the request. Accordingly, a new Sec.
1515.9(b) is added to implement this law, and the definition of
``unusual circumstances'' currently at Sec. 1515.5(e)(i), (ii) and
(iii) is renumbered and restated in a new Sec. 1515.9(c).
Section 1515.10(a). The 1996 Act, amending 5 U.S.C. 522(a)(3) (C)
and (D) requires agencies to provide requested records in any form or
format requested, if the record is readily reproducible by the agency
in that form or format. Agencies must make reasonable efforts to
maintain their records in forms or formats that are reproducible
electronically and to search for requested records in electronic form
or format, except when such efforts would significantly interfere with
the operation
[[Page 48589]]
of the agency's automated information system. Accordingly, language is
added to this section to implement this law. Language is also added to
this section advising requesters that CEQ will make requested materials
available at its online FOIA Center.
Section 1515.10(b). The OPEN Government Act of 2007, amending 5
U.S.C. 522(b), amends the current FOIA provision listing exemptions and
generally requiring agencies to indicate directly ``on the released
portion of the record'' the amount of information deleted, by adding
the requirement that agencies also indicate ``the exemption under which
the deletion is made.'' Accordingly, this section is added as Sec.
1515.10(b) which follows the language of this law.
Section 1515.10(c). In a Memorandum to Heads of Executive
Departments and Agencies dated January 21, 2009, the President directed
Federal agencies to implement the FOIA with a presumption of openness
and in favor of disclosure. CEQ is committed to operating transparently
and subject to public scrutiny and accountability and has revised this
provision of its regulations accordingly while providing for the
withholding of confidential communications in accordance with CEQ's
authorizing legislation.
Section 1515.11. The current Sec. 1515.15 regarding ``Costs'' is
deleted in its entirety, and is replaced with updated fee structure and
policy, Sec. Sec. 1515.11 through 1515.15, to be consistent with ``The
Freedom of Information Reform Act of 1986,'' Public Law 99-570, 1801-
1804, 100 Stat. 3207, 3207-48 (1986), which established the current
FOIA fee structure and waiver standard, and subsequent policy guidance
and guidelines issued by the U.S. Department of Justice, ``New FOIA Fee
Waiver Policy Guidance'' (4-2-87), and the Office of Management and
Budget, ``Uniform Freedom of Information Act Fee Schedule and
Guidelines.'' 52 FR 1007, March 27, 1987. CEQ's fee structure includes
a method for computing fees that is based upon the classification of
the requester and the base pay of the employee making the search, an
increase of copying costs from $0.10 to $0.15 per page, and provides
for waiver of fees.
Section 1515.16. This new section advises requesters that CEQ's
FOIA regulations do not ``entitle any person, as of right, to any
service or to the disclosure of any records to which such person is not
entitled under the FOIA.''
Regulatory Analysis and Notices
Administrative Procedure Act
This rulemaking is in compliance with the Administrative Procedure
Act (5 U.S.C. 553). Interested persons were invited to submit written
comments to CEQ on the proposed regulation. CEQ reviewed all comments
received and made modifications to the proposal which appear warranted.
Regulatory Flexibility Act
For purposes of the Regulatory Flexibility Act (RFA) (5 U.S.C.
chapter 6), the final rule will not have a significant economic impact
on a substantial number of small entities. The rule addresses only the
procedures to be followed: (1) To request CEQ records; or (2) in the
production or disclosure of CEQ materials and information in litigation
where CEQ is not a party. Under the FOIA, agencies may recover only the
direct costs of searching for, reviewing, and duplicating the records
processed for certain categories of requesters. CEQ's proposed fee
structure is in accordance with DOJ guidelines and based upon OMB fee
schedules which calculate costs based upon the category of requester
and kind of employee duplicating the records. Thus, fees assessed by
CEQ are nominal and will not have a significant economic impact on a
substantial number of small entities within the meaning of the RFA.
Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
chapter 25, subchapter II), the final rule would not significantly or
uniquely affect small governments and would not result in increased
expenditures by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more (as adjusted for
inflation).
Executive Order 12866
In issuing this regulation, CEQ has adhered to the regulatory
philosophy and the applicable principles of regulation as set forth in
Section 1 of Executive Order 12866, Regulatory Planning and Review, 58
FR 51735. This final rule has not been reviewed by the Office of
Management and Budget under that Executive Order since it is not a
significant regulatory action within the meaning of the Executive
Order.
Executive Order 12988
CEQ has reviewed this regulation in light of Section 3 of Executive
Order 12988, Civil Justice Reform, and certifies that it meets the
applicable standards provided therein.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
because this regulation does not impose any reporting or recordkeeping
requirements.
National Environmental Policy Act
The National Environmental Policy Act of 1969 (NEPA), 42 U.S.C.
4321 et seq., and the CEQ regulations which implement the NEPA, 40 CFR
1500-1508, impose requirements for considering the environmental
impacts of proposed agency decisions and actions. They provide for each
agency to develop a list of categories of actions called categorical
exclusions (CEs) that are determined through agency experience to
typically have no significant environmental impact and thus may
generally be excluded from detailed analysis and documentation. It
further directs agencies to prepare an environmental impact statement
(EIS) for ``major Federal actions significantly affecting the quality
of the human environment.'' If an action may have a significant impact
and the agency has not decided to prepare an EIS, the agency must
prepare an environmental assessment (EA). If, as a result of this
assessment, the agency makes a Finding of No Significant Impact
(FONSI), no further action is necessary. If it will have a significant
effect, then the agency uses the EA to develop an EIS.
CEQ's NEPA regulations do not have a CE for either the
dissemination of information under the FOIA or the preparation,
revision, and adoption of regulations, directives, and other guidance
documents. Thus, as set forth in CEQ's November 13, 2009 Federal
Register notice for its proposed rulemaking, CEQ developed an EA to
determine whether the proposed revisions to CEQ's FOIA regulations may
or may not have a significant impact on the human environment. CEQ
received no comments on the EA. Because these rules pertain solely to
procedures regarding the dissemination of information and will have not
only a minimal impact on CEQ resources, including paper consumption,
but will conserve resources and improve the FOIA process, CEQ has found
that these final regulations will have no significant impact on the
human environment and therefore, an EIS is not required.
List of Subjects in 40 CFR Part 1515
Administrative practice and procedures, Freedom of information,
Government employees, Records.
[[Page 48590]]
0
Accordingly, for the reasons set forth in the preamble, the Council on
Environmental Quality revises 40 CFR 1515 to read as follows:
PART 1515--FREEDOM OF INFORMATION ACT PROCEDURES
Sec.
Purpose
1515.1 FOIA procedures.
Organization of CEQ
1515.2 About the Council on Environmental Quality (CEQ).
1515.3 CEQ organization.
1515.4 CEQ FOIA Officials.
Procedures for Requesting Records
1515.5 Making a Freedom of Information Act request.
1515.6 CEQ's response to a request.
1515.7 Expedited processing.
1515.8 Appeals.
1515.9 Extending CEQ's time to respond.
Availability of Information
1515.10 Obtaining available information.
Costs
1515.11 Definitions.
1515.12 Fees in general.
1515.13 Fees for categories of requesters.
1515.14 Other charges.
1515.15 Payment and waiver.
1515.16 Other rights and services.
1515. 17-1515.19 [Reserved]
Authority: 5 U.S.C. 552, as amended by Pub. L. 93-502, Pub. L.
99-570, Pub. L. 104-231, Pub. L. 110-175; E.O. 13392; Pres. Mem. 74
FR 4685. Source: 42 FR 65158, Dec. 30, 1977, unless otherwise noted.
Purpose
Sec. 1515.1 FOIA procedures.
The Freedom of Information Act (5 U.S.C. 552), as amended, commonly
known as FOIA, is a Federal law that creates a procedure for any person
to request documents and other records from United States Government
agencies. The law requires every Federal agency to make available to
the public the material requested, unless the material falls under one
of the limited exemptions stated in Section 552(b) of the Act. These
procedures explain how the Council on Environmental Quality (CEQ)--one
of several agencies in the Executive Office of the President--will
carry out the FOIA. They are written from the standpoint of a FOIA
requester and should be read together with the FOIA, which provides
additional information about access to records maintained by CEQ. This
information is furnished for the guidance of the public and in
compliance with the requirements of Section 552 of title 5, United
States Code, as amended.
Organization of CEQ
Sec. 1515.2 About the Council on Environmental Quality (CEQ).
The Council on Environmental Quality (``CEQ'' or ``the Council'')
was created by the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 through 4347). The Council's authority is
primarily derived from that Act, the Environmental Quality Improvement
Act of 1970, as amended (42 U.S.C. 4371-4374), Reorganization Plan No.
1 of 1977 (July 15, 1977), and Executive Order 11514, ``Protection and
Enhancement of Environmental Quality,'' March 5, 1970, as amended by
Executive Order 11991, May 24, 1977.
Sec. 1515.3 CEQ organization.
(a) The Council is made up of a Chair appointed by the President
and subject to approval by the Senate who serves in a full-time
capacity. Congress has allowed CEQ to consist of a Council of one
member who serves as Chairman or Chair.
(b) The National Environmental Policy Act and the Environmental
Quality Improvement Act give the Council the authority to hire any
officers and staff that may be necessary to carry out responsibilities
and functions specified in these two Acts. Also, the use of consultants
and experts is permitted.
(c) In addition to the Chair, the Council has program and legal
staff.
(d) The Council has no field or regional offices.
(e) The Council is located at 722 Jackson Place NW., Washington, DC
20503. Office hours are 9 a.m.-5:30 p.m., Monday through Friday, except
Federal holidays. To meet with any of the staff, please write or phone
ahead for an appointment. The main number is 202-456-6224.
Sec. 1515.4 CEQ FOIA Officials.
(a) The Chair shall appoint a Chief Freedom of Information Act
Officer (Chief FOIA Officer) who is responsible for overseeing the
Council's administration of the Freedom of Information Act and for
receiving, routing and overseeing the processing of all Freedom of
Information requests as set forth in these regulations. The Chair shall
appoint an Appeals Officer, who is responsible for processing and
acting upon any appeals and may designate one or more CEQ officials, as
appropriate, as FOIA Officers authorized to oversee and process FOIA
requests. The Chief FOIA Officer may serve as the Appeals Officer.
(b) The Chief FOIA officer shall designate a FOIA Public Liaison
who is the supervisory official to whom a FOIA requester can raise
concerns about the service the FOIA requester has received from the CEQ
FOIA Center, described in Section 1515.5(a), following an initial
response from the staff of the CEQ FOIA Center staff. The FOIA Public
Liaison shall assist, as appropriate, in reducing delays and increasing
understanding of the status of requests. The Chief FOIA officer shall
also designate a CEQ FOIA Officer responsible for overseeing CEQ's day-
to-day administration of the FOIA and for receiving, routing, and
overseeing the processing of all FOIA requests.
Procedures for Requesting Records
Sec. 1515.5 Making a Freedom of Information Act request.
(a) Availability of records. The Council maintains a World Wide Web
site, http://www.whitehouse.gov/administration/eop/ceq, and an online
Freedom of Information Act Requester Service Center (``Center''),
http://www.whitehouse.gov/administration/eop/ceq/foia. From the Center,
a requester can find contact information regarding the CEQ's FOIA
Public Liaison, as defined in Section 1515.4(b), and access CEQ's
Online Reading Room where CEQ makes available records pertaining to
matters within the scope of 5 U.S.C. 552(a)(2), as amended, and
environmental issues and other documents that, because of the nature of
their subject matter, are likely to be the subject of FOIA requests. To
save both time and money, CEQ strongly urges requesters to review
documents currently available from the Center's Online Reading Room
before submitting a request.
(b) Requesting information from the Council. (1) Requesters must
make a Freedom of Information Act request in writing. For quickest
possible handling, it should be sent via e-mail to: [email protected]
and must include in the subject line of the e-mail message: ``Freedom
of Information Act Request.'' Written requests may also be faxed to
(202) 456-0753 or addressed and mailed to: Council on Environmental
Quality, Executive Office of the President, 722 Jackson Place NW.,
Washington, DC 20503. Requesters should mark both the request letter
and the envelope ``Freedom of Information Act Request'' and include
their name, address, and sufficient contact information to allow follow
up regarding the scope and status of your request.
(2) The request should identify or reasonably describe the desired
record.
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It should be as specific as possible, so that the item can be readily
found. Blanket requests, such as requests for ``all materials relating
to'' a specified subject are not recommended. Requesters should specify
the preferred form or format (including electronic format) for the
response. CEQ will accommodate such requests, if the record is readily
reproducible in that form or format. Please be aware that FOIA requests
and responses may themselves be made available for public inspection.
(3) The CEQ FOIA Officer is responsible for acting on all initial
requests; however, he or she may consult and refer, pursuant to Section
552(a)(6)(B)(iii)(III) of the FOIA, with another agency if he or she
determines that that agency is better able to act on the request.
Whenever the CEQ FOIA Officer refers all or any part of the
responsibility for responding to a request to another agency, he or she
will notify the requester of the referral, the name of the agency and
agency official to whom it has been referred, and which portion of the
request has been referred. Unless a request is deemed ``expedited'' as
set forth in Section 1515.7 below, the CEQ FOIA Officer will respond to
requests in order of receipt. CEQ may use two or more processing tracks
by distinguishing between simple and more complex requests based on the
amount of time and work needed to process the request. CEQ may provide
requesters on a slower track an opportunity to limit the scope of their
request in order to qualify for faster processing.
(4) The Council will make a reasonable effort to assist with
defining the request to eliminate extraneous and unwanted materials and
to keep search and copying fees to a minimum. If budgetary constraints
exist, the requester should indicate the maximum fee he or she is
prepared to pay to acquire the information. (See also Sec. 1515.11)
(5) The Freedom of Information Act does not require a government
agency to create or research information; rather, it only requires that
existing records be made available to the public.
Sec. 1515.6 CEQ's response to a request.
(a) Upon receipt of any written request for information or records,
under the Act, the CEQ FOIA Officer or his or her designee, will make
an initial determination on the request within 20 days (excepting
Saturdays, Sundays and Federal holidays) from the date CEQ receives the
request unless unusual or exceptional circumstances exist. The CEQ FOIA
Officer will provide written notification of the determination,
including, if applicable, notification that the request has been
referred to another agency for consultation as set forth above in Sec.
1515.5(b)(3). CEQ may make one request to the requester for information
and toll the 20-day period while it is awaiting such information that
it has reasonably requested from the requester. It may also toll the
20-day period if necessary to clarify with the requester issues
regarding fee assessment. In either case, CEQ's receipt of the
requester's response to its request for information or clarification
ends the tolling period.
(b) Requests received by the CEQ FOIA Officer or his or her
designee will be assigned an individualized tracking number if they
will take more than 10 days to process. Requesters may call the FOIA
Public Liaison at (202) 456-6224 and, using the tracking number, obtain
information about the request, including the date on which CEQ
originally received the request and an estimated date on which CEQ will
complete action on the request.
(c) If it is appropriate to grant the request, a staff member will
immediately collect the requested materials in order to accompany,
wherever possible, the Freedom of Information Officer's letter
conveying decision.
(d) If a request is denied in part or in full, the letter conveying
the decision will be signed by the CEQ FOIA Officer, and will include:
The reasons for any denial, including any FOIA exemption(s) applied by
the FOIA Officer in denying the request; an estimate of the volume of
records or information withheld, in number of pages or in some other
reasonable form of estimation. This estimate does not need to be
provided, if the volume is otherwise indicated through exemptions on
records disclosed in part or, if providing an estimate would harm an
interest protected by an applicable exemption; and the procedure for
filing an appeal.
Sec. 1515.7 Expedited processing.
(a) Requests and appeals will be taken out of order and given
expedited treatment whenever it is determined that they involve:
(1) 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
(2) An urgency to inform the public about an actual or alleged
Federal Government activity, if made by a person primarily engaged in
disseminating information.
(b) A request for expedited processing may be made at the time of
the initial request for records or at any later time.
(c) A requester who seeks expedited processing must submit a
written statement, certified to be true and correct to the best of that
person's knowledge and belief, explaining in detail the basis for
requesting expedited processing. For example, a requester within the
category described in paragraph (a)(2) of this section, if not a full-
time member of the news media, must establish that he or she is a
person whose main professional activity or occupation is information
dissemination, though it need not be his or her sole occupation. A
requester within the category (a)(2) of this section must also
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. Formal certification may
be waived as a matter of administrative discretion.
(d) Within 10 days of its receipt of a request for expedited
processing, the CEQ FOIA Officer will decide whether to grant it and
will notify the requester of the decision. If a request for expedited
treatment is granted, the request will be placed in the expedited
processing track, given priority, and processed as soon as practicable.
If a request for expedited processing is denied, any appeal of that
decision will be acted on expeditiously.
Sec. 1515.8 Appeals.
(a) The requester may appeal an adverse determination, in any
respect, to the CEQ FOIA Appeals Officer. Any appeal must be received
by CEQ within 60 days of the date on the CEQ letter denying the
request.
(b) Appeals must be in writing and may be sent via e-mail to:
[email protected]. They may also be sent via facsimile to: (202) 456-
0753 or via U.S. mail addressed to: FOIA Appeals Officer, Council on
Environmental Quality, Executive Office of the President, 722 Jackson
Place NW., Washington, DC 20503.
(c) The appeal letter should specify the records requested and ask
the Appeals Officer to review the determination made by the Freedom of
Information Officer. The letter should explain the basis for the
appeal.
(d) The Appeals Officer will make a final determination on an
appeal within 20 working days (excepting Saturdays, Sundays and Federal
holidays) from the date CEQ receives the appeal. The Appeals Officer
(or designee) will send a letter to the requester conveying the
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decision as soon as it is made. If an appeal is denied, in part or in
whole, the letter will also include the provisions for judicial review.
Sec. 1515.9 Extending CEQ's time to respond.
(a) In unusual circumstances as defined in paragraph (c) of this
section, the time limits for responding to a request (Sec. Sec.
1515.6(a) and 1515.8(d)) may be extended by the Council for not more
than 10 working days. Extensions may be granted by the CEQ FOIA Officer
in the case of initial requests and by the Appeals Officer in the case
of any appeals. The extension period may be split between the initial
request and the appeal but may not exceed 10 working days overall.
Extensions will be confirmed in writing and set forth the reasons for
the extension and the date that the final determination is expected.
(b) With respect to a request for which a written notice under this
section extends the time limits prescribed under Sec. 1515.6(a), the
CEQ FOIA Officer will notify the requester, if the request cannot be
processed within the time limit specified in Sec. 1515.6(a) and
provide an opportunity to limit the scope of the request, so that it
may be processed within that time limit or an opportunity to arrange an
alternative time frame for processing the request or a modified
request. A requester's refusal to reasonably modify the request or
arrange such an alternative time frame will be considered as a factor
in determining whether exceptional circumstances exist for purposes of
5 U.S.C. 552(a)(6)(C). When CEQ reasonably believes that a requester,
or a group of requesters, has submitted a request constituting a single
request that would otherwise satisfy the unusual circumstances
specified under this section, CEQ may aggregate those requests for
purposes of this paragraph. Multiple requests involving unrelated
matters will not be aggregated.
(c) The term ``unusual circumstances'' means:
(1) The need to search for and collect the requested records from
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 which are demanded
in a single request; or
(3) The need for consultation, which will be conducted with all
practicable speed, with another agency having a substantial interest in
the determination of the request or among two or more components of the
agency having substantial subject-matter interest therein.
Availability of Information
Sec. 1515.10 Obtaining available information.
(a) When a request for information has been granted in whole or in
part, CEQ will notify the requester in writing, inform the requester in
the notice of any fee charged under Sec. 1515.11 and will disclose
records to the requester promptly on payment of any applicable fees.
The requested material may be made available on CEQ's Online FOIA
Center, http://www.whitehouse.gov/administration/eop/ceq/foia, and also
in the form or format requested if the record is readily reproducible
in that form or format with reasonable effort. When a form or format of
the response is not requested, CEQ will respond in the form or format
in which the document is most accessible to CEQ. ``Readily
reproducible'' means, with respect to electronic format, that the
requested record or records can be downloaded or transferred intact to
a computer disk or other electronic medium using equipment currently in
use by CEQ.
(b) Records disclosed in part will be marked or annotated to show
information deleted, unless doing so would harm an interest protected
by an applicable exemption. The location of the information deleted
will also be indicated in the record, if technically feasible.
(c) The legislative history of the establishment of CEQ states that
the Congress intended CEQ to be a confidential advisor to the President
on matters of environmental policy. Therefore, members of the public
should be aware that communications between CEQ and the President
(including communications between their staff) may be confidential;
they will usually fall, at a minimum, within Exemption 5 of the Act.
The Freedom of Information Officer shall review each request to
determine whether the record is exclusively factual or may have factual
portions which may be reasonably segregated and made available to the
requester. Furthermore, on the recommendation of the CEQ FOIA Officer
or Appeals Officer, CEQ will consider the release of an entire record,
even if it comes within an exemption or contains policy advice, if its
disclosure would not impair Executive policymaking processes or CEQ's
participation in decisionmaking.
Costs
1515.11 Definitions.
For purposes of these regulations:
Commercial use request means a request from or on behalf of a
person who seeks information for a use or purpose that furthers the
requester's or other person's commercial, trade, or profit interests.
Direct costs means those costs incurred in searching for and
duplicating (and, in the case of commercial use requests, reviewing)
documents to respond to a FOIA request. Direct costs include, for
example, salaries of employees who perform the work and costs of
conducting large-scale computer searches.
Duplicate means to copy records to be released to the FOIA
requester. Copies can take the form of paper, audio-visual materials,
or electronic records, among others.
Educational institution means a school that operates a program of
scholarly research.
Non-commercial scientific institution means an institution that is
not operated on a commercial basis and that operates solely for the
purpose of conducting scientific research the results of which are not
intended to promote any particular product or industry.
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.
Review means to examine a record to determine whether any portion
of the record may be withheld and to process a record for disclosure,
including by redacting it.
Search means to look for and retrieve records covered by a FOIA
request, including by looking page-by-page or line-by-line to identify
responsive material within individual records.
Sec. 1515.12 Fees in general.
CEQ shall charge fees that recoup the full allowable direct costs
it incurs in responding to FOIA requests. CEQ may assess charges for
time spent searching for records even if CEQ fails to locate the
records or if the records are located and determined to be exempt from
disclosure. In general, CEQ shall apply the following fee schedule,
subject to Sec. Sec. 1515.13 through 1515.15:
(a) Manual searches. Time devoted to manual searches shall be
charged on the basis of the salary of the employee(s) conducting the
search (basic hourly
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rate(s) of pay for the employee(s), plus 16 percent).
(b) Electronic searches. Fees shall reflect the direct cost of
conducting the search. This will include the cost of operating the
central processing unit for that portion of operating time that is
directly attributable to searching for and printing records responsive
to the FOIA request and operator/programmer salary attributable to the
search.
(c) Record reviews. Time devoted to reviewing records shall be
charged on the same basis as under paragraph (a) of this section, but
shall only be applicable to the review of records located in response
to commercial use requests.
(d) Duplication. Fees for copying paper records or for printing
electronic records shall be assessed at a rate of $.15 per page. For
other types of copies such as disks or audio visual tapes, CEQ shall
charge the direct cost of producing the document(s). If total costs are
expected to exceed $25, the FOIA Officer shall provide the requester
with an estimate in writing and, in return, obtain from the requester a
commitment to pay the estimated fee. This does not apply if the
requester has indicated in advance a willingness to pay fees as high as
those anticipated. If a requester wishes to limit costs, the FOIA
Officer shall provide the requester an opportunity to reformulate the
request in order to reduce costs. If the requester reformulates a
request, it shall be considered a new request and the 20-day period
described in Sec. 1515.6(a) shall be deemed to begin when the FOIA
Officer receives the request.
(e)(1) Advance payments required. The FOIA Officer may require a
requester to make an advance deposit of up to the amount of the entire
anticipated fee before the FOIA Officer begins to process the request
if:
(i) The FOIA Officer estimates that the fee will exceed $250; or
(ii) The requester has previously failed to pay a fee in a timely
fashion.
(2) When the FOIA Officer requires a requester to make an advance
payment, the 20-day period described in Sec. 1515.6(a) shall begin
when the FOIA Officer receives the payment.
(f) No assessment of fee. CEQ shall not charge a fee to any
requester if:
(1) The cost of collecting the fee would be equal to or greater
than the fee itself; or
(2) After the effective date of these regulations CEQ fails to
comply with a time limit under the Freedom of Information Act for
responding to the request for records where no unusual or exceptional
circumstances apply.
Sec. 1515.13 Fees for categories of requesters.
CEQ shall assess fees for certain categories of requesters as
follows:
(a) Commercial use requesters. In responding to commercial use
requests, CEQ shall assess fees that recover the full direct costs of
searching for, reviewing, and duplicating records.
(b) Educational and non-commercial scientific institutions. CEQ
shall provide records to requesters in this category for the cost of
duplication alone, excluding charges for the first 100 pages. To
qualify for inclusion in this fee category, a requester must show that
the request is authorized by and is made under the auspices of a
qualifying institution and that the records are sought to further
scholarly research, not an individual goal.
(c) Representatives of the news media. CEQ shall provide records to
requesters in this category for the cost of duplication alone,
excluding charges for the first 100 pages.
(d) All other requesters. CEQ shall charge requesters who do not
fall within paragraphs (a) through (c) of this section fees that
recover the full direct cost of searching for and duplicating records,
excluding charges for the first 100 pages of reproduction and the first
two hours of search time.
Sec. 1515.14 Other charges.
CEQ may apply other charges, including the following:
(a) Special charges. CEQ shall recover the full cost of providing
special services, such as sending records by express mail, to the
extent that CEQ elects to provide them in that manner.
(b) Interest charges. CEQ may begin assessing interest charges on
an unpaid bill starting on the 31st day following the day on which the
FOIA Officer sent the billing. Interest shall be charged at the rate
prescribed in 31 U.S.C. 3717 and will accrue from the date of billing.
(c) Aggregating requests. When the FOIA Officer reasonably believes
that a requester or a group of requesters acting in concert is
attempting to divide a request into a series of requests for the
purpose of avoiding fees, the FOIA Officer shall aggregate those
requests and charge accordingly.
Sec. 1515.15 Payment and waiver.
(a) Remittances. Payment shall be made in the form of check or
money order made payable to the Treasury of the United States. At the
time the FOIA Officer notifies a requester of the applicable fees, the
Officer shall inform the requester of where to send the payment.
(b) Waiver of fees. CEQ may waive all or part of any fee provided
for in Sec. Sec. 1515.12 and 1515.13 when the FOIA Officer deems that
disclosure of the information is in the general public's interest
because it is likely to contribute significantly to public
understanding of the operations or activities of the government and is
not primarily in the commercial interest of the requester. In
determining whether a fee should be waived, the FOIA Officer may
consider whether:
(1) The subject matter specifically concerns identifiable
operations or activities of the government;
(2) The information is already in the public domain;
(3) Disclosure of the information would contribute to the
understanding of the public-at-large as opposed to a narrow segment of
the population;
(4) Disclosure of the information would significantly enhance the
public's understanding of the subject matter;
(5) Disclosure of the information would further a commercial
interest of the requester; and
(6) The public's interest is greater than any commercial interest
of the requester.
Sec. 1515.16 Other rights and services.
Nothing in this subpart will be construed to entitle any person, as
of right, to any service or to the disclosure of any record to which
such person is not entitled under the FOIA.
Sec. Sec. 1515.17-1515.19 [Reserved]
Dated: August 5, 2010.
Nancy H. Sutley,
Chair, Council on Environmental Quality.
[FR Doc. 2010-19841 Filed 8-10-10; 8:45 am]
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