AGENCY:

Consumer Product Safety Commission.

ACTION:

Final rule.

SUMMARY:

The Consumer Product Safety Commission (CPSC) is amending its Freedom of Information Act (FOIA) fee regulations to reflect more accurately the CPSC's direct costs of providing FOIA services, as well as to conform to the Office of Management and Budget's (OMB's) Uniform Freedom of Information Act Fee Schedule and Guidelines and to omit the fee category for the production of records on microfiche, an obsolete format. The CPSC also is amending other sections of its FOIA regulations to reflect organizational changes in the agency's FOIA Office; to codify the existing practice of the General Counsel remanding cases to the Chief FOIA Officer; and to allow for application of any relevant FOIA exemptions.

DATES:

The rule is effective on March 1, 2021.

FOR FURTHER INFORMATION CONTACT:

Abioye Ella Mosheim, Chief FOIA Officer and Assistant General Counsel, email: amosheim@cpsc.gov; telephone: (301) 504-7454; or Matthew S. Osei-Bonsu, Attorney-Advisor, email: moseibonsu@cpsc.gov; telephone: (301) 504-7071; U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814.

SUPPLEMENTARY INFORMATION:

A. Background and Statutory Authority

On June 30, 2016, the President signed into law the FOIA Improvement Act of 2016, Public Law 114-185 (2016 Act). The 2016 Act amends the Freedom of Information Act, 5 U.S.C. 552, requiring, inter alia, the Chief FOIA Officer of every agency to review its FOIA fee regulations annually. See 5 U.S.C. 552(j)(3)(C).

OMB's Uniform Freedom of Information Act Fee Schedule and Guidelines (OMB Fee Guidelines) provides Federal agencies with guidance on reviewing and assessing FOIA fees. 52 FR 10012 (Mar. 27, 1987). Following OMB's issuance of its Fee Guidelines in March 1987, the CPSC proposed amendments to its FOIA fee regulations, codified at 16 CFR part 1015 (part 1015). 52 FR 17767 (May 12, 1987). The CPSC finalized its amendments on fees to reflect the agency's direct costs, and the amendments became effective on September 4, 1987. 52 FR 28979 (Aug. 5, 1987). In 1997, CPSC updated one portion of its FOIA fee regulations regarding computerized records and interest to be charged on fees owed. 62 FR 46198 (Sept. 2, 1997). In 2017, the CPSC also updated portions of its FOIA fee regulations to revise the definition of “representative of the news media” and to make other clarifications and corrections. 82 FR 37004 (Aug. 8, 2017).

On April 16, 2020, the Commission issued a notice of proposed rulemaking (NPR) to make the following changes to part 1015:

• Amendments concerning FOIA fees;
• amendments reflecting recent organizational changes within the CPSC, and the CPSC's FOIA Office, more specifically;
• amendments addressing the FOIA appeals process;
• amendments concerning the scope of FOIA Exemptions under 16 CFR 1015.20; and
• other miscellaneous conforming amendments, all of which will be incorporated into the final rule and are summarized in greater detail below.

85 FR 21118. CPSC received two comments on the NPR. After reviewing the comments, the CSPC is finalizing this rule with modifications.

B. Response to Comments

The CPSC received two comments regarding the NPR. The National Archives and Records Administration (NARA) suggested that paragraphs (f) and (g) of § 1015.9 should be clarified to further distinguish between the terms “fee categories” and “fee waivers,” by removing language that could unintentionally lead to the mistaken inference that agencies have the discretion to waive fees based on requester categories. The CPSC agrees, and therefore, incorporated those comments into § 1015.9(f) and (g), by distinguishing between fee waivers and references to free services. The consumer advocacy group, Kids in Danger, in relevant part, recommended that the CPSC should not charge duplication fees for pages redacted in full. The CPSC agrees, and therefore, incorporated those comments into § 1015.9(e)(1)(iv), by noting that CPSC will not charge a duplication fee for pages redacted in full. Other Kids in Danger comments included a request for CPSC to provide more digital delivery methods, and to provide a faster turnaround for final responses; these comments were not incorporated. Digital delivery and response turnaround times are outside the scope of this rule; although it should be noted that CPSC already has a digital delivery service that every requester can opt into.

C. Description of the Final Rule

A. Amendments Regarding Fees

Direct Costs. The FOIA authorizes agencies to charge certain fees to recover the direct costs of providing FOIA services. 5 U.S.C. 552(a)(4)(A). Fee schedules must provide for the recovery of only the direct costs of search, duplication, or review. 5 U.S.C. 552(a)(4)(A)(iv). Under the FOIA, agencies must: Promulgate regulations, pursuant to notice and public comment, specifying the schedule of fees applicable to processing FOIA requests; establish procedures and guidelines for determining when such fees should be waived or reduced; and conform their fee schedules to the OMB Fee Guidelines. 5 U.S.C. 552(a)(4)(A)(i). Pursuant to the OMB Fee Guidelines, agencies should charge fees that “recoup the full allowable direct costs they incur” and “shall use the most efficient and least costly methods to comply with requests for documents made under the FOIA.” 52 FR 10018.

Duplication Fees. The final rule amends § 1015.9(e)(1) regarding the current regulations on fees that the agency charges for reproducing documents, to reflect CPSC staff's review and the assessment of certain known costs of producing FOIA records for Fiscal Year 2019, and based on current CPSC practices. The OMB Fee Guidelines require agencies to “establish an average agency-wide, per-page charge for paper copy reproduction of documents,” which “shall represent the reasonable direct costs of making such copies, taking into account the salary of the operator as well as the cost of the reproduction machinery.” 52 FR 10018. For copies prepared by computer, the OMB Fee Guidelines require agencies to charge the actual cost, including operator time of production of the printout. Id. For other methods of duplication, the OMB Fee Guidelines require agencies to charge the actual direct costs of producing the documents. Id.

Currently, 16 CFR 1015.9(e)(1) sets forth the amount charged for reproducing documents on a standard photocopying machine at $0.10 per page. The final rule amends § 1015.9(e)(1) to specify a charge of $0.15 per page for manual photocopies and for computer printouts that are sent from a computer to a printer or photocopier machine. We calculated the fee for manual photocopies and computer printouts using the 2019 basic hourly pay rate of the average grade and step of staff members from the Office of the General Counsel, Division of the Secretariat (GCOS), who charged hours for FOIA projects in Fiscal Year 2019 (GS 12/4, or $33.52/staff hour), plus 16 percent for the allowable OMB benefit rate; multiplying that amount by the total staff hours within the GCOS that we estimated to be attributable to FOIA duplication in Fiscal Year 2019 (486.45 staff hours); adding the estimated cost of paper and toner used by GCOS staff for computer printouts in Fiscal Year 2019 ($9,826); and dividing that number by the corresponding number of pages printed (196,820 pages). CPSC staff estimated the total hours spent by GCOS staff attributable to FOIA duplication in Fiscal Year 2019, by taking a poll of the FOIA specialists, whose most common response was that they spent 5 percent of their time on duplication.

The final rule amends § 1015.9(e) to clarify that CPSC will not charge a duplication fee for producing records provided to requesters in electronic format. Because converting an electronic file, such as a file in portable document format (PDF), and sending it to requesters via electronic mail or the FOIA online portal requires minimal operator time and computer and software costs, the agency's actual costs of duplicating these records are de minimis. The final rule also clarifies how the fees for duplication costs will be assessed when records are available only in paper format and must be scanned to comply with a requester's preference to receive records in an electronic format.

Search Fees. The final rule amends § 1015.9(e)(2) regarding the current regulations on fees that the agency charges for searches. Pursuant to the OMB Fee Guidelines, for manual searches, whenever feasible, agencies should charge at the salary rate of the employee making the search, consisting of basic pay, plus 16 percent for the allowable OMB benefit rate; however, where a “homogenous class of personnel” is used exclusively, agencies may establish an average rate for the range of grades typically involved in searching for records. 52 FR 10018. For computer searches, agencies should charge the actual direct cost of providing the service, plus central processing unit (CPU) time that is directly attributable to searching for responsive records to a FOIA request. Alternatively, if agencies can do so, they can establish a reasonable agency-wide rate for operator, programmer, and CPU costs involved in FOIA searches, and charge accordingly. Id.

Currently, § 1015.9(e)(2) and(3) divide searches into two categories: (1) Searches conducted by clerical staff; and (2) searches conducted by non-clerical, professional, or managerial staff. The current regulations charge $3.00 per quarter-hour for clerical searches, and $4.90 per quarter-hour for non-clerical searches.

The final rule amends § 1015.9(e)(2) to remove the set dollar figures for search fees enumerated in the regulation, and in their place, states that search fees are based on the average grade and step of certain employees who charged hours in this category. CPSC staff concluded that this revision eliminates the need to update continuously the CPSC's published FOIA fee regulations in accord with General Schedule pay adjustments. This approach is similar to the FOIA fee regulations at several other agencies, such as the Federal Communications Commission and the Securities and Exchange Commission.

Additionally, due to organizational changes in the CPSC's FOIA Office, and how requests are processed, clerical staff members rarely perform searches. Therefore, the final rule eliminates the category of clerical search fees. Consistent with this recommendation, and consistent with the OMB Fee Guidelines, the final rule distinguishes between manual and computer-based searches.

CPSC will charge manual search fees on a per-quarter-hour basis, and annually calculate and publish on the FOIA web page the exact rate, using the basic hourly pay rate of the average grade and step of CPSC program staff who worked outside of the FOIA Office and who charged hours for FOIA projects in Fiscal Year 2019 (GS 14/7), plus 16 percent for the allowable OMB benefit rate.

CPSC will charge computer search fees on a per-quarter-hour basis, and annually calculate and publish the exact rate, using the basic hourly pay rate of the average grade and step of GCOS staff who charged hours for FOIA projects in Fiscal Year 2019 (GS 12/4), plus 16 percent for the allowable OMB benefit rate. CPSC program staff who work outside of the FOIA Office often conduct FOIA computer searches. The Commission determined that the average grade and step of staff who charged hours for FOIA projects represents a reasonable agency-wide rate for operator costs in this category. The final rule computer search fee does not include CPU costs, because any agency software or hardware costs directly attributable to searching for responsive records would be difficult to quantify, and likely would be de minimis.

Review Fees. The final rule amends § 1015.9(e)(3) regarding fees that the agency charges for the initial review of documents to determine whether any portion of any document may be withheld. The OMB Fee Guidelines permit agencies to establish a reasonable agency-wide average for such costs, where a single class of reviewers is typically involved in the review process. 52 FR 10018.

Currently, § 1015.9(e)(4) sets forth the amount charged for review at $4.90 per quarter-hour. The final rule removes the set dollar figure review fee enumerated in the regulation. Instead, CPSC will charge the review fee on a per-quarter-hour basis, and annually calculate and publish the exact rate, using the basic hourly pay rate of the average grade and step of GCOS staff who charged hours for FOIA review (GS 12/9), plus 16 percent for the allowable OMB benefit rate.

Obsolete Formats. The FOIA requires agencies to provide records in any format requested, if the record is readily reproducible by the agency in that form or format. 5 U.S.C. 552(a)(3)(B). Currently, CPSC routinely produces records in one of three formats: (1) Computer printout, if under 250 pages; (2) compact disc (CD), if more than 250 pages; and (3) electronic files, such as PDF. The final rule clarifies that requesters may request records in paper, CD, or electronic format. The final rule also removes the fee for producing records on microfiche, because this format is obsolete and not routinely produced by the CPSC.

Annual Publication of Fees. The final rule states that CPSC will annually calculate and publish the exact per-quarter-hour rates for searching and reviewing records, using the most recent General Schedule table published by the Office of Personnel Management (OPM). In addition, CPSC will annually calculate and publish the actual cost of CDs, DVDs, and other similar media. CPSC will make exact rates and costs available to the public on the CPSC's FOIA web page. The public can also request information on exact rates and costs from GCOS. The CPSC will annually publish on its FOIA web page the salaries of CPSC employees associated with FOIA searches and reviews, consistent with the FOIA fee-posting practice at several other agencies.

Fee Waivers and Fee Categories. The FOIA requires agencies to provide free search and duplication fees for certain categories of requesters in increments of the first 100 pages of duplication and the first 2 hours of search, rather than in dollar amounts. 5 U.S.C. 552(a)(4)(A)(iv). The final rule incorporates more clearly this statutory requirement into § 1015.9(g), consistent with the OMB Fee Guidelines. 52 FR 10016. Section 1015.9(g)(2) specifies that CPSC will provide for free the first 100 pages of duplication for all non-commercial requesters, consistent with the FOIA and the OMB Fee Guidelines.

The final rule amends § 1015.9(g)(3) to specify that CPSC will provide at no cost, the first 2 hours of search time for all requesters to whom search fees apply, except commercial requesters.

Notice of Anticipated Fees. The OMB Fee Guidelines require agencies to implement procedures for notifying requesters when fees are estimated or determined to exceed $25, and provide those requesters an opportunity to confer with agency staff with the objective of reformulating their request to meet their needs at a lower cost. 52 FR 10018. The CPSC's current FOIA fee regulations lack procedures for providing requesters with notice of anticipated fees in excess of $25 and an opportunity to confer with agency staff. The final rule amends § 1015.9(f) to provide notice of anticipated fees greater than $25, along with the opportunity to confer with staff on costs. The final rule also provides that requesters must commit in writing to pay the actual or estimated fees, or must designate in writing the amount of fees the requester is willing to pay, before the FOIA Office will do further work on a FOIA request.

Restrictions on Assessing Fees. The FOIA and the OMB Fee Guidelines prohibit agencies from charging a fee if the costs of collecting and processing that fee are likely to equal or exceed the fee. 5 U.S.C. 552(a)(4)(A)(iv); 52 FR 10018-19. Currently, § 1015.9(g)(5) states that the CPSC will not request payment if the requester's total bill is less than $9.00. CPSC staff estimates that the current cost to the agency of collecting and processing a fee is $25. Accordingly, the final rule deletes § 1015.9(g)(5), and adds § 1015.9(g)(7), which provides that no fee will be charged when the total fee is equal to or less than $25.

Advance Payment of Fees. The final rule adds § 1015.9(i), which sets forth provisions for requiring advance payment in certain cases before the production of records. The OMB Fee Guidelines instruct agencies that they cannot require a requester to make an advance payment unless: (1) The agency estimates that the allowable charges the requester may be required to pay are likely to exceed $250, in which case, the agency should notify the requester of the likely cost, and obtain satisfactory assurance of full payment, where the requester has a history of prompt payment of FOIA fees, or require payment “of an amount up [to] the full estimated charges in the case of requesters with no history of payment”; or (2) a requester has previously failed to pay a fee charged in a timely fashion, in which case the agency may require the requester to pay the full amount owed, plus any applicable interest, and to make an advance payment of the full amount of the estimated fee before the agency begins to process a new or pending request. 52 FR 10020. Currently, § 1015.9(g)(3) provides that before the Commission begins processing a request or discloses any information, it will require advance payment if charges are estimated to exceed $250.00 and the requester has no history of payment and cannot provide satisfactory assurance that payment will be made; or a requester failed to pay the Commission for a previous Freedom of Information Act request within 30 days of the billing date. The final rule reflects the language used in the OMB Fee Guidelines. See 52 FR 10020. The final rule also codifies the CPSC's current practices of tolling the processing of the request while notifying the requester that advance payment is due, 5 U.S.C. 552(a)(6)(A)(ii)(II), and closing the request if, after 30 days of receipt, the requester does not respond to the fee notice.

B. Amendments To Reflect Organizational Changes at CPSC

FOIA Office. CPSC changed the organizational structure of the FOIA Office since the FOIA regulations were last amended in 2017. See 82 FR 37010. The CPSC's FOIA Office is now housed within the Office of the General Counsel, rather than within the Office of the Secretary; and the Commission's Assistant General Counsel for the Office of the General Counsel, Division of the Secretariat, holds the position of Chief FOIA Officer, rather than the Secretary of the Commission. The final rule amends 16 CFR 1015.1, 1015.2, 1015.3, 1015.4, 1015.5, 1015.6, 1015.7, and 1015.9 to replace the designations “Secretary of the Commission”, “Secretary”, or “Secretariat” with the title, “Chief FOIA Officer”, and the final rule also replaces “Office of the Secretary” with “Office of the General Counsel, Division of the Secretariat” or “Division of the Secretariat”.

C. Amendment Concerning Appeals

Delegation of Authority. The current regulations are inconsistent regarding the delegation of authority to review and respond to FOIA appeals. The final rule changes §§ 1015.4 and 1015.7(e) to clarify that the CPSC's General Counsel has responsibility for reviewing and responding to FOIA appeals, and adds § 1015.1(d). The Commission delegated this authority to the General Counsel in 1985, 50 FR 7753 (February 26, 1985); however, this authority was not codified in other relevant FOIA provisions.

Remands. Section 1015.7(c) codifies the existing practice regarding FOIA appeals. If the General Counsel grants, in whole or in part, a FOIA appeal, the General Counsel remands the matter to the Chief FOIA Officer for processing and providing the records to the requester, in accordance with the General Counsel's decision.

D. Broadening the Scope of FOIA Exemptions Under 16 CFR 1015.20

Currently, § 1015.5(h) states that the CPSC “may be unable to comply with the time limits set forth in § 1015.5 when disclosure of documents responsive to a request under this part is subject to the requirements of section 6(b) of the Consumer Product Safety Act.” However, the regulation does not take into account that, due to statutory obligations, the CPSC also may be unable to comply with the time limits set forth in § 1015.5, when disclosure of documents responsive to a request is subject to section 6(a) of the Consumer Product Safety Act (CPSA). As such, the final rule amends § 1015.5(h) to conform to the statute by replacing the phrase, “section 6(b) of the Consumer Product Safety Act, 15 U.S.C. 2055(b)” with the phrase, “section 6 of the Consumer Product Safety Act, 15 U.S.C. 2055”.

Additionally, the current § 1015.20, which addresses the release of accident or investigation reports, only allows for the application of the investigatory file FOIA exemption and the redaction of the names of injured persons and the persons who treated the injured, pursuant to section 25(c) of the CPSA. Current CPSC practice, however, is to redact all personally identifiable information, including not only the names of injured persons and the persons who treated them, but also the names of other persons incidental to a consumer complaint, pursuant to FOIA exemption (b)(6). See 5 U.S.C. 552(b)(6). Rather than limit the applicable FOIA exemptions to the investigatory file exemption only, the final rule amends § 1015.20(a) to clarify that accident and investigation reports are subject to all applicable FOIA exemptions.

E. Miscellaneous Amendments

To ensure proper routing of new FOIA requests and appeals, CPSC's FOIA Office created a separate email address for the submission of new FOIA requests and appeals. That address is cpscfoiarequests@cpsc.gov. Accordingly, the final rule updates §§ 1015.3(a) and 1015.7(a) to specify the proper email addresses to submit new FOIA requests and appeals.

F. Environmental Considerations

The CPSC's regulations address whether the agency is required to prepare an environmental assessment or an environmental impact statement. 16 CFR part 1021. These regulations provide a categorical exclusion for certain CPSC actions that normally have “little or no potential for affecting the human environment.” 16 CFR 1021.5(c)(1). This final rule falls within the categorical exclusion.

IV. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires that agencies review a proposed rule and a final rule for the rule's potential economic impact on small entities, including small businesses. Section 604 of the RFA generally requires that agencies prepare a final regulatory flexibility analysis (FRFA) when promulgating final rules, unless the head of the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. In this case, we noted in the NPR that neither the Administrative Procedure Act (APA) nor the FOIA statute required CPSC to issue an NPR, but CPSC voluntarily chose to follow notice-and-comment rulemaking.

For the NPR, CPSC staff reviewed the potential impact of the changes proposed in the NPR on small entities. Staff's analysis compared the number of fiscal year (FY) 2018 FOIA requesters to the number of small entities in the relevant North American Industrial Classification System (NAICS) sectors. Based on this analysis, staff concluded it was unlikely that a substantial number of small entities would be impacted by the proposed rule. Staff also concluded that the impact on noncommercial entities would remain essentially unchanged, unless noncommercial requesters opt to receive their documents in paper format, rather than electronically. Staff found that the costs for commercial firms increased more than for other entities; however, requesters would be alerted if costs were expected to be greater than $25; and commercial firms would be expected to proceed with the request (in whole or in part), only if the perceived benefit at least balanced the cost. Finally, staff noted that requesting firms can avoid duplication costs by electing to receive the requested documents electronically.

The Commission sought comment on staff's regulatory analysis in the NPR, and it received none. Because we have no information that would change staff's analysis, the Commission concludes that the final rule will not have a significant impact on a substantial number of small entities.

V. Paperwork Reduction Act

The Paperwork Reduction Act (PRA) establishes certain requirements when an agency conducts or sponsors a “collection of information.” 44 U.S.C. 3501-3520. The final rule amends CPSC's regulations to conform to the 2016 Act, updates certain CPSC's procedures by codifying them, and makes other technical changes and corrections. The final rule does not impose any information-collection requirements. Thus, the PRA is not implicated by this final rule.

VI. Executive Order 12988 (Preemption)

According to Executive Order 12988 (February 5, 1996), agencies must state in clear language the preemptive effect, if any, of new regulations. Section 26 of the CPSA explains the preemptive effect of consumer product safety standards issued under the CPSA. 15 U.S.C. 2075. The final rule is not a consumer product safety standard, but rather, the final rule revises a rule of agency practice and procedure, by making revisions and corrections to the agency's FOIA fee regulations. Therefore, section 26 of the CPSA does not apply to this rule.

VII. Congressional Review Act

The Congressional Review Act (CRA; 5 U.S.C. 801-808) states that, before a rule can take effect, the agency issuing the rule must submit the rule, and certain related information, to each House of Congress and the Comptroller General. 5 U.S.C. 801(a)(1). The submission must indicate whether the rule is a “major rule.” The CRA states that the Office of Information and Regulatory Affairs (OIRA) determines whether a rule qualifies as a “major rule.” Pursuant to the CRA, OIRA designated this rule as not a “major rule,” as defined in 5 U.S.C. 804(2). To comply with the CRA, the Office of the General Counsel will submit the required information to each House of Congress and the Comptroller General.

VIII. Effective Date

In accordance with the APA's general requirement that the effective date of a rule be at least 30 days after publication of the final rule, the NPR proposed a 30-day effective date for the final rule. The Commission received no comment on the effective date. Accordingly, the effective date is 30 days after the date of publication of this final rule in the Federal Register. 5 U.S.C. 553(d).

List of Subjects in 16 CFR Part 1015

• Administrative practice and procedure
• Consumer protection
• Disclosure of information
• Freedom of information

For the reasons discussed above, in accordance with the provisions of 5 U.S.C. 553 and the authority in the Consumer Product Safety Act, 15 U.S.C. 2051 et seq., CPSC amends part 1015 of title 16, chapter II, of the Code of Federal Regulations, as follows:

PART 1015—PROCEDURES FOR DISCLOSURE OR PRODUCTION OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT

1. The authority citation for part 1015 continues to read as follows:

Authority: 15 U.S.C. 2051-2084; 15 U.S.C. 1261-1278; 15 U.S.C. 1471-1476; 15 U.S.C. 1211-1214; 15 U.S.C. 1191-1204; 15 U.S.C. 8001-8008; Pub. L. 110-278, 122 Stat. 2602; 5 U.S.C. 552.

2. Amend § 1015.1 as follows:

a. In paragraph (c), remove the words “Secretariat of the Commission” and add in their place “Assistant General Counsel, Office of the General Counsel, Division of the Secretariat”; and

b. Add paragraph (d).

The addition reads as follows:

3. Revise § 1015.2 to read as follows:

4. Amend § 1015.3 as follows:

a. In paragraph (a), remove the word “Secretariat” and add in its place the words “Chief FOIA Officer” and remove “ cpsc-foia@cpsc.gov” and add in its place “cpscfoiarequests@cpsc.gov”; and

b. In paragraphs (d) and (e), remove the word “Secretariat” and add in its place the words “Chief FOIA Officer”.

5. Revise § 1015.4 to read as follows:

6. Amend § 1015.5 by revising paragraphs (a) through (d), (f), (g) introductory text, (g)(3) through (5), and (h) to read as follows:

7. Amend § 1015.6 as follows:

a. In paragraphs (a) and (b) introductory text, remove the word “Secretariat” and add in its place the words “Chief FOIA Officer”;

b. Revise paragraph (b)(4); and

c. In paragraph (c), remove the word “Secretariat” and add in its place the words “Chief FOIA Officer”.

The revision reads as follows:

8. Amend § 1015.7 by revising the section heading and paragraphs (a) through (e) and (g) and removing the parenthetical authority citation at the end of the section to read as follows:

9. Amend § 1015.9 as follows:

a. Revise paragraphs (a) and (e) through (g); and

b. Add paragraphs (h) and (i).

The revisions and additions read as follows:

10. Amend § 1015.20(a) by removing the phrase “the investigatory file exemption” and adding in its place the word “exemptions”.