Unknown. Interim final rule

5,714 words·~26 min read·/register/2010/03/11/2010-5195

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2010-03-11.xml --- 75 47 Thursday, March 11, 2010 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11540-11542 2010-4948 Agricultural Agricultural Marketing Service PROPOSED RULES Perishable Agricultural Commodities Act; Increase in License Fees, 11472-11474 2010-5255 Agriculture Agriculture Department See Agricultural Marketing Service See Foreign Agricultural Service See Forest Service Antitrust Antitrust Division NOTICES National Cooperative Research and Production Act of 1993:

Telemanagement Forum, 11564-11565 2010-5034 Proposed Final Judgment and Competitive Impact Statement: United States v. Daily Gazette Company and Medianews Group, Inc., 11682-11727 2010-5095 Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 11513-11514 2010-5410 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Community Community Development Financial Institutions Fund NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 11634 2010-5158 Comptroller Comptroller of the Currency NOTICES Community Reinvestment Act: Interagency Questions and Answers Regarding Community Reinvestment, 11642-11680 2010-4903 Delaware Delaware River Basin Commission PROPOSED RULES Schedule of Water Charges; Correction, 11502 2010-5219 Drug Drug Enforcement Administration NOTICES Denial of Application: Jovencio L. Raneses, M.D., 11563-11564 2010-5198 Economic Economic Development Administration NOTICES Petitions by Firms for Determination of Eligibility to Apply for Trade Adjustment Assistance, 11516-11517 2010-5216 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission RULES Weatherization Assistance for Low-Income Persons:

Maintaining Privacy of Applicants for and Recipients of Services, 11419-11422 2010-5195 NOTICES Energy Conservation Program for Consumer Products: Interim Waiver of Haier From the Residential Refrigerator and Refrigerator-Freezer Test Procedures, 11522-11526 2010-5226 Meetings: Biomass Research and Development Technical Advisory Committee, 11526-11527 2010-5079 Energy Energy Efficiency and Renewable Energy Office NOTICES Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Electrolux Home Products, Inc., etc., 11530-11532 2010-5228 EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans:

Minnesota, 11461-11464 2010-5122 Approval and Promulgation of Implementation Plans: Texas; Revisions to Chapter 116; Permit Renewal Application and Permit Renewal Submittal, 11464-11468 2010-5240 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Minnesota, 11503 2010-5120 Approval and Promulgation of Implementation Plans: Texas; Revisions to Chapter 116; Permit Renewal Application and Permit Renewal Submittal, 11503-11504 2010-5239 NOTICES Charter Renewals:

Environmental Financial Advisory Board, 11534 2010-5241 Export Export-Import Bank NOTICES Meetings; Sunshine Act, 11534 2010-4943 FAA Federal Aviation Administration RULES Airworthiness Directives: Airbus Model A300 B2-1C, B2-203, B2K-3C, B4-103, B4 203, B4-2C Airplanes; Model A310 Series Airplanes, etc., 11428-11433 2010-5162 Airbus Model A300 B4-2C, B4-103, and B4-203 Airplanes; and Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, and B4-622R Airplanes, 11435-11439 2010-5165 Airbus Model A319, A320, and A321 Series Airplanes, 11439-11441 2010-4876 Bombardier, Inc.

Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes, 11422-11428 2010-5011 Hawker Beechcraft Corporation Model G58 Airplanes, 11433-11435 2010-5024 PROPOSED RULES Establishment of Class D Airspace; Modification of Class E Airspace: Columbus, GA, 11475-11476 2010-5180 Proposed Amendments of Class D and E Airspace: Victorville, CA, 11476-11477 2010-5179 Proposed Establishment of Class E Airspace: Kemmerer, WY, 11477-11479 2010-5182 Proposed Revision of Class E Airspace:

Kaltag, AK, 11479-11480 2010-5260 Nenana, AK, 11481-11482 2010-5174 Wainwright, AK, 11480-11481 2010-5279 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Washington, DC Metropolitan Area Special Flight Rules; Intent to Request Revision, 11623-11624 2010-4945 FCC Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11534-11537 2010-5146 2010-5150 2010-5173 FDIC Federal Deposit Insurance Corporation NOTICES Community Reinvestment Act:

Interagency Questions and Answers Regarding Community Reinvestment, 11642-11680 2010-4903 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 11537 2010-5037 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 11468-11471 2010-5233 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Fairlawn Hydroelectric Company, LLC, 11527 2010-5208 KC Hydro LLC, 11527-11528 2010-5210 Authorization for Continued Project Operation:

Energy Northwest, 11528 2010-5204 Combined Notice of Filings, 11528-11530 2010-5203 Effectiveness of Exempt Wholesale Generators: Crystal Lake Wind III, LLC, et al., 11530 2010-5205 Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: El Cajon Energy, LLC, 11532 2010-5206 Meetings: Dispute Resolution Panel; Free Flow Power Corp., 11533 2010-5209 Public Utility District No. 1 of Snohomish County, WA; License Application for Pilot Project, 11533 2010-5207 Petition for Declaratory Order:

TGGT Holdings, LLC, 11533-11534 2010-5211 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11620-11623 2010-5245 2010-5246 2010-5247 2010-5249 Federal Reserve Federal Reserve System NOTICES Community Reinvestment Act: Interagency Questions and Answers Regarding Community Reinvestment, 11642-11680 2010-4903 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 11537-11538 2010-5232 Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities, 11538 2010-5231 FTC Federal Trade Commission PROPOSED RULES Disclosure Regarding Energy Consumption and Water Use of Certain Home Appliances et al., 11483-11502 2010-5152 NOTICES Granting of Request for Early Termination of the Waiting Period Under the Premerger Notification Rules, 11538-11540 2010-5172 Fish Fish and Wildlife Service NOTICES Meetings:

Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); Tentative U.S. Negotiating Positions, 11556-11557 2010-5458 Food Food and Drug Administration RULES New Animal Drugs for Use in Animal Feeds: Zilpaterol, 11451-11452 2010-5224 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Human Cells, Tissues, and Cellular and Tissue-Based Products, etc., 11545-11549 2010-5229 Mammography Quality Standards Act Requirements, 11542-11545 2010-5230 Determinations:

PRO-BANTHINE (Propantheline Bromide) Tablets and 14 Other Drug Products Not Withdrawn, etc., 11549-11551 2010-5275 Meetings: Advisory Committee for Pharmaceutical Science and Clinical Pharmacology, 11551 2010-5264 Foreign Foreign Agricultural Service NOTICES Meetings: Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural Products, 11512-11513 2010-5227 Trade Adjustment Assistance for Farmers, 11513 2010-5238 Foreign Foreign-Trade Zones Board NOTICES Application for Reorganization/Expansion Under Alternative Site Framework:

Foreign-Trade Zone 170 - Jeffersonville, IN, 11514 2010-5293 Applications For Expansion: Foreign-Trade Zone 70 - Detroit, MI, 11514-11515 2010-5281 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Revision of Land and Resource Management Plan for the National Forests in Mississippi, 11505-11508 2010-4932 Revision of Land Management Plan for the Uwharrie National Forest, 11508-11511 2010-5101 Rogue River-Siskiyou National Forest, Mt. Ashland Ski Area Expansion, Jackson County, OR, 11511-11512 2010-5021 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Federal Emergency Management Agency See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Final Fair Market Rents:

Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program for Fiscal Year 2010; Revised, 11553-11554 2010-5168 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau IRS Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Miscellaneous Collections, 11631-11637 2010-5178 2010-5185 2010-5186 2010-5187 2010-5189 2010-5190 2010-5191 2010-5192 2010-5194 2010-5196 Tip Determination Agreement (for Use by Employers in Food and Beverage industry), 11637-11638 2010-5188 2010-5193 International International Trade Administration NOTICES Preliminary Determinations of Sales at Less than Fair Value and Postponement of Final Determinations:

Certain Magnesia Carbon Bricks from Mexico, 11517-11522 2010-5369 International International Trade Commission NOTICES Investigations: Certain Combed Cotton Yarns; Effect of Modification of U.S.-Bahrain FTA Rules of Origin, 11559-11560 2010-5218 Woven Electronic Blankets from China, 11557-11559 2010-5234 Judicial Judicial Conference of the United States NOTICES Meetings: Judicial Conference Advisory Committee on Rules of Appellate Procedure, 11560 2010-5072 Judicial Conference Advisory Committee on Rules of Evidence, 11560 2010-5073 Judicial Conference Committee on Rules of Practice and Procedure, 11560 2010-5074 Justice Justice Department See Antitrust Division See Drug Enforcement Administration See National Institute of Corrections NOTICES Lodging of Consent Decree Under the Clean Water Act and Clean Air Act, 11560 2010-5223 Labor Labor Department NOTICES Small and Disadvantaged Business Utilization Program, 11730-11732 2010-5295 Land Land Management Bureau NOTICES Meetings:

California Desert District Advisory Council, 11557 2010-5365 Northeast California Resource Advisory Council and Subcommittee, 11555-11556 2010-5344 National National Council on Disability NOTICES Meetings; Sunshine Act, 11565-11566 2010-5407 National Highway National Highway Traffic Safety Administration NOTICES Highway Safety Programs: Conforming Products List of Evidential Breath Alcohol Measurement Devices, 11624-11627 2010-5242 National Institute National Institute of Corrections NOTICES Cooperative Agreement Solicitations:

Training for Executive Excellence; Leadership Style and Instrumentation Curriculum Development, 11561-11562 2010-5236 Training for Executive Excellence; The Role of the Correctional CEO Curriculum Development, 11562-11563 2010-5237 NIH National Institutes of Health NOTICES Meetings: National Eye Institute, 11551-11552 2010-5175 National Institute on Drug Abuse, 11552 2010-5171 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of Northeastern United States: Atlantic Mackerel, Squid, and Butterfish Fisheries (Amendment 10), 11441-11451 2010-5184 Fisheries of the Exclusive Economic Zone Off Alaska:

Sablefish Managed Under the Individual Fishing Quota Program, 11471 2010-5243 NOTICES Fisheries Off West Coast States and in Western Pacific: Pacific Coast Groundfish Fishery; Application for Exempted Fishing Permit, 11515-11516 2010-5259 Marine Mammals; File No. 8081735: Application for Amendment, 11516 2010-5251 National Park National Park Service NOTICES Intent to Repatriate Cultural Items: Museum of Northern Arizona, Flagstaff, AZ, 11554 2010-5167 Inventory Completion: U.S.

Department of the Interior, National Park Service, Great Sand Dunes National Park and Preserve, Mosca, CO, 11555 2010-5169 Nuclear Nuclear Regulatory Commission NOTICES Amendment to Facility Operating License: FirstEnergy Nuclear Operating Co., et al.; Beaver Valley Power Station (Unit No 2), 11566-11571 2010-5252 Applications: Energy Northwest, Columbia Generating Station, 11572-11574 2010-5278 Draft Regulatory Guide: Issuance, Availability, 11574-11575 2010-5225 Environmental Assessment and Finding of No Significant Impact:

James A. Fitzpatrick Nuclear Power Plant, 11575-11576 2010-5248 Environmental Impact Statements; Availability, etc.: Energy Northwest, Columbia Generating Station, 11576-11578 2010-5270 Exemptions: Carolina Power & Light Co., H. B. Robinson Steam Electric Plant (Unit 2), 11579-11580 2010-5271 Northern States Power Company of Minnesota; Monticello Nuclear Generating Plant, 11578-11579 2010-4526 Requests for Action (Under 10 CFR2.206): Florida Power Corp. et al., 11580-11581 2010-5273 Postal Postal Regulatory Commission RULES New Postal Product, 11452-11461 2010-5212 Reclamation Reclamation Bureau NOTICES Charter Renewal:

Yakima River Basin Conservation Advisory Group, 11554 2010-5163 SEC Securities and Exchange Commission NOTICES Applications: Chile Fund, Inc., 11583-11584 2010-5235 Lincoln Variable Insurance Products Trust, et al., 11585-11589 2010-5213 Order Extending Temporary Extensions Under the Securities Exchange Act of 1934, etc., 11589-11603 2010-5222 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 11605-11607 2010-5217 International Securities Exchange, LLC, 11608-11610 2010-5220 Municipal Securities Rulemaking Board, 11603-11604 2010-5215 New York Stock Exchange LLC, 11604-11605 2010-5214 NYSE Amex LLC, 11607-11608 2010-5221 SBA Small Business Administration NOTICES Disaster Declarations:

District of Columbia, 11583 2010-5253 Iowa, 11582-11583 2010-5256 North Carolina, 11582 2010-5254 West VIrginia, 11582 2010-5250 Social Social Security Administration NOTICES Addresses for Service of Process, 11610-11612 2010-5199 State State Department NOTICES Bureau of Educational and Cultural Affairs

(ECA)Requests for Grant Proposals: U.S./Pakistan Professional Partnership Program, 11612-11619 2010-5272 Culturally Significant Objects Imported for Exhibition Determinations: Nolde; Except Ye Become as Little Children, 11619-11620 2010-5266 Waiver of Restriction on Assistance to Cambodia, 11620 2010-5261 Thrift Thrift Supervision Office NOTICES Community Reinvestment Act: Interagency Questions and Answers Regarding Community Reinvestment, 11642-11680 2010-4903 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Aviation Security Customer Satisfaction Performance Measurement Passenger Survey, 11552-11553 2010-5176 Treasury Treasury Department See Community Development Financial Institutions Fund See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office NOTICES Temporary Exemptions: ICE Trust U.S. LLC, 11627-11631 2010-5320 Veterans Veterans Affairs Department NOTICES Meetings: Geriatrics and Gerontology Advisory Committee, 11638-11639 2010-5166 Separate Parts In This Issue Part II Federal Deposit Insurance Corporation, 11642-11680 2010-4903 Federal Reserve System, 11642-11680 2010-4903 Treasury Department, Comptroller of the Currency, 11642-11680 2010-4903 Treasury Department, Thrift Supervision Office, 11642-11680 2010-4903 Part III Justice Department, Antitrust Division, 11682-11727 2010-5095 Part IV Labor Department, 11730-11732 2010-5295 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 47 Thursday, March 11, 2010 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Part 440 RIN 1904-AC16 Weatherization Assistance for Low-Income Persons: Maintaining the Privacy of Applicants for and Recipients of Services AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Interim final rule. SUMMARY: The U.S. Department of Energy

(DOE)is amending its regulations to require all States and other service providers that participate in the Weatherization Assistance Program

(WAP)to treat all requests for information concerning applicants and recipients of WAP funds in a manner consistent with the Federal government's treatment of information requested under the Freedom of Information Act (FOIA), 5 U.S.C. 552, including the privacy protections contained in Exemption (b)(6) of the FOIA, 5 U.S.C. 552(b)(6). DATES: *Effective Date:* This interim final rule is effective March 11, 2010 through December 6, 2010. *Comment Due Date:* Comments on this interim final rule must be postmarked by no later than April 12, 2010. ADDRESSES: Comments may be submitted using any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail: Privacy-FR-2010-WAP@hq.doe.gov.* Include RIN 1901-AC16 in the subject line of the message. • *Postal Mail:* Robert Adams, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Weatherization Assistance Program, EE-2K, 950 L'Enfant Plaza, SW., Room P201D, Washington, DC 20585-0121. Please submit one signed original paper copy. • *Hand Delivery/Courier:* Robert Adams, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Weatherization Assistance Program, EE-2K, 950 L'Enfant Plaza, SW., Room P201D, Washington, DC 20585-0121. Please submit one signed original paper copy. The public may review copies of all materials related to this rulemaking at the U.S. Department of Energy, Resource Room of the Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 600, Washington, DC,

(202)586-2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please call Ms. Brenda Edwards at the above telephone number for additional information regarding visiting the Resource Room. FOR FURTHER INFORMATION CONTACT: Robert Adams, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Weatherization Assistance Program, EE-2K, 950 L'Enfant Plaza, SW., Room P201D, Washington, DC 20585-0121,

(202)287-1591, e-mail: *robert.adams@ee.doe.gov.* Bryan Miller, Esq., U.S. Department of Energy, Office of General Counsel, 1000 Independence Avenue, SW., Washington, DC 20585,

(202)586-8627. SUPPLEMENTARY INFORMATION: I. Authority and Background Title IV, Energy Conservation and Production Act, as amended, authorizes DOE to administer the WAP. All grant awards made under this Program shall comply with applicable authorities, including regulations contained in Title 10 of the Code of Federal Register (10 CFR) Part 440. II. Discussion This rule applies to States, Tribes and their subawardees, including, but not limited to subrecipients, subgrantees, contractors and subcontractors (hereinafter “service providers”). DOE does not collect or maintain personal information regarding individuals applying for or receiving assistance under the WAP. Generally, DOE provides funding to States, which in turn provide funding to entities that manage weatherization projects (“weatherization service providers”), which, in turn, collect applicant information and make financial assistance awards to eligible applicants. The records collected by States and weatherization service providers in the course of administering the WAP are not Federal records for the purposes of applicable Federal law; however, DOE recognizes that a strong imperative exists to safeguard the privacy interests of individuals who participate in the programs that it administers. Therefore, the Department has concluded that it is prudent to provide formal standards for States and other service providers in responding to requests for personal information. States receiving funds under the WAP have received requests for information regarding the implementation of programs funded through the American Recovery and Reinvestment Act. The information requests range from informal inquiries by local elected officials and other community leaders to requests for specific information about applicants and/or recipients from local and regional press outlets. Due, in part, to the increased levels of funding for the WAP—$5 billion over three years—we anticipate that there will be a number of similar such requests. DOE adheres to the transparency requirements placed on WAP and other government financial assistance programs instituted by the Administration and encourages the dissemination of information that provides insight into the government's use of WAP funding. FOIA clearly requires DOE to apply the Exemption (b)(6) balancing test to DOE records containing the personal information of individuals. Therefore, DOE hereby extends this requirement to States and other service providers that participate in the WAP to protect sensitive personal information in a manner consistent with DOE's obligations under the FOIA. DOE is committed to protecting the privacy of individuals who apply for or receive WAP funding. By this interim final rule, DOE is requiring all States and other service providers under the WAP to apply the same balancing test set forth under FOIA Exemption (b)(6), 5 U.S.C. 552(b)(6), to WAP related information in the possession of the States and service providers that DOE would apply in considering the release of similar information. Thus, this minimum privacy protection applicable to requests for WAP related information ensures that any request for such information must be analyzed using the same paradigm as a FOIA analysis in order to determine whether to release the information. Given a legitimate, articulated public interest in the disclosure, States and other service providers may release information regarding recipients in the aggregate that does not identify specific individuals. For example, information on the number of recipients in a county, city, or a zip code does not compromise the privacy of the WAP recipients. A State or other service provider may therefore disclose such aggregated information. However, the release of any information that personally identifies an individual or is linked or linkable to a specific individual must be carefully scrutinized using the principles of Exemption (b)(6). Pursuant to FOIA Exemption (b)(6), records that contain personal information including but not limited to, names, addresses, and income information, are generally exempt from disclosure. Exemption (b)(6) is generally referred to as the “personal privacy” exemption; it provides that the disclosure requirements of FOIA do not apply to “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” In applying Exemption (b)(6), courts apply a balancing test in order to determine:

(1)Whether a significant privacy interest would be invaded;

(2)whether the release of the information would further the public interest by shedding light on the operations or activities of the Government; and

(3)whether in balancing the privacy interests against the public interest, disclosure would constitute a clearly unwarranted invasion of privacy. A request for personal information including but not limited to the names, addresses, or income information of WAP applicants or recipients would require the State or other service provider to balance a clearly defined public interest in obtaining this information against the individuals' legitimate expectation of privacy. Individuals have a strong privacy interest in protecting personal information including names, addresses, and financial information such as income levels or ranges, receipt of Government assistance, or any personal information likely to cause the individual involved personal distress or embarrassment. Absent a compelling public interest in disclosure, including the unavailability of less intrusive means of obtaining the information, the balancing test will generally favor the personal privacy interests of the individual. The burden of persuasion is on the requester claiming the public interest. Such assertions of public interest are closely scrutinized by courts to ensure that they legitimately warrant overriding important privacy interests and that a nexus exists between the information at issue and the public interest. In applying the principles of a FOIA analysis to requests for this type of information in the possession of States and other service providers, DOE, is, by this rule, requiring all States and other service providers under the WAP to apply the balancing test of Exemption (b)(6) to WAP related records in their possession, custody, or control. DOE is extending its expertise in carrying out Exemption (b)(6) FOIA analyses and States and service providers are encouraged to contact DOE's Office of the Assistant General Counsel for General Law,

(202)586-1522, for assistance in applying the balancing test to requests for information. III. Request for Comment DOE seeks comment on this interim final rule. In addition, DOE requests public comment as to whether it should consider extending any other aspects of the FOIA to information collected and maintained by States and their subawardees in their administration of the WAP. IV. Procedural Requirements A. Executive Order 12866 Today's regulatory action is a “significant regulatory action” under section 3(f) of Executive Order 12866, “Regulatory Planning and Review,” 58 FR 51735 (October 4, 1993). Accordingly, this action was subject to review under that Executive Order by the Office of Information and Regulatory Affairs

(OIRA)of the Office of Management and Budget (OMB). B. Administrative Procedure Act The Department of Energy finds good cause to waive the requirement to provide prior notice and an opportunity for public comment on these regulations pursuant to 5 U.S.C. 533(b)(B), and the 30-day delay in effect date pursuant to 5 U.S.C. 553(d). Notice and comment procedures on this rule are impracticable and contrary to the public interest. DOE is aware of at least one currently pending instance of a request seeking personal information of WAP participants in the possession of a State. Participation in WAP is limited to low-income individuals. DOE is of the opinion that if such information is released, these families would likely be subjected to harassment, discrimination, embarrassment, predatory lending, and other forms of economic and social harm. Disclosure of this information would be comparable to releasing a person's status as a food-stamp or welfare recipient—information that the Federal government keeps strictly confidential. DOE is also of the opinion that release of information such as the names, private income and address information of WAP participants will have a serious chilling effect on an individual's willingness to participate in the WAP, which would frustrate the program's purpose. Providing prior notice and an opportunity for public comment on this rule may result in the release of the information in the possession of the State thereby resulting in the very harm that DOE seeks to avoid. There is good cause to waive the required 30-day delay in effect for these same reasons. Therefore, these regulations are effective March 11, 2010 through December 6, 2010. However, while not required, DOE is interested in receiving public comment on this rulemaking after its effective date. As such, this rule is being published on an interim final basis. DOE intends to issue a final rule in this proceeding prior to the expiration of this interim final rule on December 6, 2010, in which it will respond to comments received. C. National Environmental Policy Act DOE has determined that this rule falls into a class of actions that are categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ) and DOE's implementing regulations at 10 CFR part 1021. This rule amends an existing rule without changing its environmental effect, and, therefore, is covered by the Categorical Exclusion A5 found in appendix A to subpart D, 10 CFR part 1021. Accordingly, neither an environmental assessment nor an environmental impact statement is required. D. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires preparation of an initial regulatory flexibility analysis for any rule that must be proposed for public comment, unless the agency certifies that the rule will have no significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel's Web site at *http://www.gc.energy.gov.* Because a notice of proposed rulemaking is not required under the Administrative Procedure Act or other applicable law, the Regulatory Flexibility Act does not require certification or the conduct of a regulatory flexibility analysis for this rule. E. Paperwork Reduction Act This rulemaking imposes no new information or recordkeeping requirements. Accordingly, OMB clearance is not required under the Paperwork Reduction Act. (44 U.S.C. 3501 *et seq.* ) F. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)(Pub. L. 104-4) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. For proposed regulatory actions likely to result in a rule that may cause expenditures by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish estimates of the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed “significant intergovernmental mandate.” UMRA also requires an agency plan for giving notice and opportunity for timely input to small governments that may be affected before establishing a requirement that might significantly or uniquely affect them. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA (62 FR 12820) (also available at *http://www.gc.doe.gov* ). Today's interim final rule contains neither an intergovernmental mandate nor a mandate that may result in the expenditure of $100 million or more in any year, so these requirements do not apply. G. Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. Today's rule would have no impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is unnecessary to prepare a Family Policymaking Assessment. H. Executive Order 13132 Executive Order 13132, “Federalism,” 64 FR 43255 (August 4, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have Federalism implications. The executive order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. DOE has examined this interim final rule and determined that it would not preempt State law and would have no substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Executive Order 13132 requires no further action. I. Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” 61 FR 4729 (February 7, 1996), imposes on Federal agencies the general duty to adhere to the following requirements:

(1)Eliminate drafting errors and ambiguity,

(2)write regulations to minimize litigation,

(3)provide a clear legal standard for affected conduct rather than a general standard, and

(4)promote simplification and burden reduction. Regarding the review required by section 3(a), section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation

(1)clearly specifies the preemptive effect, if any;

(2)clearly specifies any effect on existing Federal law or regulation;

(3)provides a clear legal standard for affected conduct while promoting simplification and burden reduction;

(4)specifies the retroactive effect, if any;

(5)adequately defines key terms; and

(6)addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in sections 3(a) and 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this rule meets the relevant standards of Executive Order 12988. J. Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed today's notice under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. K. Executive Order 13211 Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OMB a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgated or is expected to lead to promulgation an interim final rule, and that

(1)is a significant regulatory action under Executive Order 12866, or any successor order; and

(2)is likely to have a significant adverse effect on the supply, distribution, or use of energy; or

(3)is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. Today's regulatory action is not a significant regulatory action under Executive Order 12866 or any successor order; would not have a significant adverse effect on the supply, distribution, or use of energy; and has not been designated by the Administrator of OIRA as a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. L. Executive Order 12630 Pursuant to Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights,” 53 FR 8859 (March 15, 1988), DOE has determined that this rule would not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution. M. Section 32 of the Federal Energy Administration Act of 1974 Under section 301 of the Department of Energy Organization Act (Pub. L. 95-91), the Department of Energy must comply with section 32 of the Federal Energy Administration Act of 1974 (Pub. L. 93-275), as amended by the Federal Energy Administration Authorization Act of 1977 (Pub. L. 95-70). (15 U.S.C. 788) Section 32 provides that where a proposed rule authorizes or requires use of commercial standards, the notice of proposed rulemaking must inform the public of the use and background of such standards. In addition, section 32(c) requires DOE to consult with the Department of Justice and the Federal Trade Commission concerning the impact of the commercial or industry standards on competition. This interim final rule does not authorize or require the use of any commercial standards. Therefore, no consultation with either DOJ or FTC is required. N. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of today's rule before its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(2). V. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this interim final rule. List of Subjects in 10 CFR Part 440 Administrative practice and procedure, Aged, Energy conservation, Grant programs—energy, Grant programs—housing and community development, Housing standards—Indians, Individuals with disabilities, Reporting and recordkeeping requirements, Weatherization. Issued in Washington, DC, on February 4, 2010. Cathy Zoi, Assistant Secretary, Energy Efficiency and Renewable Energy. For the reasons stated in the preamble, DOE is amending Part 440 of chapter II of title 10, Code of Federal Regulations, as set forth below: PART 440—WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS 1. The authority citation for Part 440 continues to read as follows: Authority: 42 U.S.C. 6861 *et seq.;* 42 U.S.C. 7101 *et seq.* 2. Section 440.2 is amended by adding a new paragraph

(e)to read as follows: § 440.2 Administration of grants. (e)(1) States, Tribes and their subawardees, including, but not limited to subrecipients, subgrantees, contractors and subcontractors that participate in the program established under this Part are required to treat all requests for information concerning applicants and recipients of WAP funds in a manner consistent with the Federal government's treatment of information requested under the Freedom of Information Act (FOIA), 5 U.S.C. 552, including the privacy protections contained in Exemption (b)(6) of the FOIA, 5 U.S.C. 552(b)(6). Under 5 U.S.C. 552(b)(6), information relating to an individual's eligibility application or the individual's participation in the program, such as name, address, or income information, are generally exempt from disclosure.

(2)A balancing test must be used in applying Exemption (b)(6) in order to determine:

(i)Whether a significant privacy interest would be invaded;

(ii)Whether the release of the information would further the public interest by shedding light on the operations or activities of the Government; and

(iii)Whether in balancing the privacy interests against the public interest, disclosure would constitute a clearly unwarranted invasion of privacy.

(3)A request for personal information including but not limited to the names, addresses, or income information of WAP applicants or recipients would require the State or other service provider to balance a clearly defined public interest in obtaining this information against the individuals' legitimate expectation of privacy.

(4)Given a legitimate, articulated public interest in the disclosure, States and other service providers may release information regarding recipients in the aggregate that does not identify specific individuals. However, a State or service provider must apply an FOIA Exemption (b)(6) balancing test to any request for information that can not be satisfied by such less-intrusive methods. [FR Doc. 2010-5195 Filed 3-10-10; 8:45 am]

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