Unknown. Final rule

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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-2010-04-08.xml --- 75 67 Thursday, April 8, 2010 Contents Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agriculture Agriculture Department See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17896 2010-7982 Air Force Air Force Department NOTICES Privacy Act; Systems of Records, 17911-17912 2010-7962 2010-7963 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 17921-17923 2010-7916 2010-7935 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Interstate Administrative Subpoena, 17925-17926 2010-7984 Interstate Lien, 17926-17927 2010-7985 ORR Requirements for Refugee Cash Assistance; and Refugee Medical Assistance, 17927 2010-7983 Civil Civil Rights Commission NOTICES Meetings: Connecticut Advisory Committee, 17898 2010-7997 Meetings;

Sunshine Act, 17898 2010-8149 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Community Community Development Financial Institutions Fund NOTICES Funding Opportunity: New Markets Tax Credit Program; Applications, 18016-18026 2010-8008 Comptroller Comptroller of the Currency RULES Freedom of Information Act, 17849-17851 2010-7940 Consumer Consumer Product Safety Commission NOTICES Meetings;

Sunshine Act, 17903 2010-8139 2010-8141 Defense Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement: Acquisitions in Support of Operations in Iraq or Afghanistan (DFARS Case 2008-D002), 18035-18040 2010-7261 Export-Controlled Items (DFARS Case 2004-D010), 18030-18034 2010-7258 Research and Development Contract Type Determination (DFARS Case 2006-D053), 18034-18035 2010-7259 PROPOSED RULES Defense Federal Acquisition Regulation Supplement:

Minimizing Use of Hexavalent Chromium (DFARS Case 2009-D004), 18041-18042 2010-7262 Defense Defense Department See Air Force Department See Defense Acquisition Regulations System See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: American Recovery and Reinvestment Act One Time Reporting Requirements for Prime Contractors, 17919 2010-8037 American Recovery and Reinvestment Act; One Time Reporting Requirements for First-tier Subcontractors, 17918 2010-8034 American Recovery and Reinvestment Act - Quarterly Reporting for Prime Contractors, 17919-17920 2010-8030 Meetings:

Federal Advisory Committee; Defense Health Board, 17903-17904 2010-7964 Privacy Act; Systems of Records, 17904-17910 2010-7960 2010-7965 2010-7990 2010-7991 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals; Correction, 17912 2010-7937 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 17912-17913 2010-8171 2010-8174 Employee Employee Benefits Security Administration NOTICES Proposed Exemption:

Citizens Bank Wealth Management, N.A., 17966-17970 2010-7892 Employment Employment and Training Administration NOTICES Availability of Funds and Solicitation for Grant Applications: Grants Serving Young Adult Offenders and High School Dropouts in High-Poverty, High-Crime Communities, 17957-17966 2010-7912 Energy Energy Department See Western Area Power Administration EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: Delaware;

Reasonable Further Progress Plan, 2002 Base Year Inventory, etc., 17863-17865 2010-7878 Particulate Matter Standards; Wisconsin, 17865-17868 2010-7968 Approval and Promulgation of Implementation Plans: New Mexico; Interstate Transport of Pollution, 17868-17872 2010-7868 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Particulate Matter Standards; Wisconsin, 17894 2010-7969 Approval and Promulgation of Implementation Plans: New Mexico; Interstate Transport of Pollution, 17894-17895 2010-7867 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 8-Hour Ozone National Ambient Air Quality Standard, 17915-17917 2010-7970 Clean Water Act Section 303(d): Final Agency Action on Seven Total Maximum Daily Loads (TMDLs) in Louisiana, 17917 2010-8013 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Amendment of Class E Airspace: Altus, OK; Correction, 17852-17853 2010-7803 Dallas-Fort Worth, TX, 17851-17852 2010-7805 PROPOSED RULES Airworthiness Directives:

Boeing Company Model 737-300, -400, and -500 Series Airplanes, 17882-17884 2010-7944 Boeing Company Model 767 Airplanes, 17887-17889 2010-7945 Boeing Company Model 777-200, -200LR, -300, and 300ER Series Airplanes, 17889-17891 2010-7946 Bombardier, Inc. Model CL 600 2B19 (Regional Jet Series 100 & 440) Airplanes et al., 17884-17887 2010-7947 Cessna Aircraft Company Model 750 Airplanes, 17879-17882 2010-7943 Amendment of Class D Airspace: Goldsboro, NC, 17891-17892 2010-8016 Proposed Revision of Class E Airspace:

Galena, AK, 17892-17894 2010-8020 NOTICES Membership: National Parks Overflights Advisory Group Aviation Rulemaking Committee, 18014-18015 2010-7645 FCC Federal Communications Commission RULES Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Broadcast Service, 17874-17878 2010-8012 High-Cost Universal Service Support, Jurisdictional Separations, and Coalition: Equity in Switching Support Petition for Reconsideration, 17872-17874 2010-8010 Federal Emergency Federal Emergency Management Agency NOTICES Draft Programmatic Environmental Assessment for the Evaluation of the Grant Programs Directorates Programs, 17940-17942 2010-8006 Federal Highway Federal Highway Administration NOTICES Finding of No Significant Impact:

US 421 Milton-Madison Bridge Replacement, 18014 2010-7653 FMC Federal Maritime Commission NOTICES Agreements Filed, 17917-17918 2010-7897 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18012-18013 2010-7900 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies; Correction, 17917 2010-7980 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants: 5-Year Status Reviews of 69 Species in Idaho, Washington, Hawaii, Guam, and Commonwealth of Northern Mariana Islands, 17947-17950 2010-7915 Food Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Applications for Food and Drug Administration Approval to Market a New Drug, etc., 17924-17925 2010-7891 Recordkeeping Requirements for Microbiological Testing and Corrective Measures for Bottled Water, 17923-17924 2010-7948 Debarment Order: Kevin Xu, 17927-17928 2010-8023 Filing of Food Additive Petition: Nisso America, Inc., 17928-17929 2010-7955 Meetings: Vaccines and Related Biological Products Advisory Committee, 17929 2010-8025 Withdrawal of Color Additive Petition:

EMD Chemicals, Inc., 17939-17940 2010-7956 Foreign Foreign Assets Control Office NOTICES Designation of Two Individuals Pursuant to Executive Order (13224), 18015-18016 2010-7939 Foreign Foreign-Trade Zones Board NOTICES Application for Expansion and Reorganization under Alternative Site Framework: Foreign-Trade Zone 144 - Brunswick, GA, 17898-17899 2010-8054 Forest Forest Service NOTICES Maintenance and Vegetation Management Along Existing Transmission Line Rights of Way: National Forest System Lands, Colorado, Utah, and Nebraska, 17913-17915 2010-7724 Meetings:

Lake County Resource Advisory Committee, 17897 2010-7640 National Tree-marking Paint Committee, 17897-17898 2010-8002 Sierra County Resource Advisory Committee, 17896-17897 2010-7725 Siskiyou County Resource Advisory Committee, 17897 2010-7651 GSA General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: American Recovery and Reinvestment Act One Time Reporting Requirements for Prime Contractors, 17919 2010-8037 American Recovery and Reinvestment Act;

One Time Reporting Requirements for First-tier Subcontractors, 17918 2010-8034 American Recovery and Reinvestment Act - Quarterly Reporting for Prime Contractors, 17919-17920 2010-8030 GAO Government Accountability Office NOTICES Letters of Nomination: Advisory Board to the Consumer Operated and Oriented Plan Program, 17918 2010-7654 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration NOTICES Petition to Designate a Class of Employees to be included in the Special Exposure Cohort:

Ames Laboratory, Ames, IA, 17920 2010-7913 Health Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17920-17921, 17923 2010-7927 2010-7934 Meetings: Secretary's Advisory Committee on Heritable Disorders in Newborns and Children, 17929-17930 2010-7929 Privacy Act; Altered System of Records, 17930-17937 2010-7923 Privacy Act; Deletion of an Existing System of Records, 2010-7924 17937-17938 2010-7928 Request for Nominations:

Advisory Committee on Interdisciplinary, Community-Based Linkages, 17938-17939 2010-7933 Historic Historic Preservation, Advisory Council NOTICES Meetings, 17940 2010-7643 Homeland Homeland Security Department See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Housing Contracting With Resident-Owned Businesses/Application Requirements, 17942 2010-8007 Quality Control for Rental Assistance Subsidy Determinations, 17942-17943 2010-8027 Section 8 Random Digit Dialing Fair Market Rent Telephone Survey, 17943-17944 2010-8024 Credit Watch Termination Initiative, 17944-17946 2010-8029 Family Report, MTW Family Report, 17946 2010-8017 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Travel Expenses of State Legislators, 17854-17857 2010-7932 NOTICES Credit for Renewable Electricity Production, Refined Coal Production, and Indian Coal Production, etc.;

Correction, 18015 2010-7931 International International Trade Administration NOTICES Postponement of Preliminary Determination in the Countervailing Duty Investigation: Drill Pipe from the People's Republic of China, 17902-17903 2010-8056 International International Trade Commission NOTICES Meetings; Sunshine Act, 17956 2010-8097 Justice Justice Department See Justice Programs Office Justice Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17956-17957 2010-8009 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Clear Creek Management Area, California, 17951 2010-7999 Southeastern Oregon Resource Management Plan, Malheur County, OR, and the Lakeview RMP, Lake County, OR, 17950-17951 2010-7986 Filings of Plat of Survey: New Mexico, 17952 2010-7950 Montana, 17952-17953 2010-7953 Noncompetitive Lease of Public Land: Josephine County, OR, 17954-17955 2010-7987 Public Land Order: Partial Revocation of the Bureau of Reclamation Order Dated February 19, 1952; California;

Correction, 17955 2010-8000 Realty Action: Segregation of Public Land for Proposed Sale in Sandoval County, NM, 17955-17956 2010-7998 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: American Recovery and Reinvestment Act One Time Reporting Requirements for Prime Contractors, 17919 2010-8037 American Recovery and Reinvestment Act; One Time Reporting Requirements for First-tier Subcontractors, 17918 2010-8034 American Recovery and Reinvestment Act - Quarterly Reporting for Prime Contractors, 17919-17920 2010-8030 NOAA National Oceanic and Atmospheric Administration NOTICES Availability of Seats:

Gray's Reef National Marine Sanctuary Advisory Council, 17899-17900 2010-7901 Stellwagen Bank National Marine Sanctuary Advisory Council, 17899 2010-7910 Meetings: New England Fishery Management Council, 17901-17902 2010-7996 Pacific Fishery Management Council, 17901 2010-7995 Southeastern Data, Assessment, and Review Steering Committee, 17900-17901 2010-7993 Western Pacific Fishery Management Council, 17902 2010-7994 Western Pacific Fishery Management Council; Corrections, 17900 2010-7992 National Park National Park Service NOTICES Native American Graves Protection and Repatriation Review Committee Findings:

Identity of Cultural Items in Possession of American Museum of Natural History, New York, NY, 17953-17954 2010-7936 Navy Navy Department NOTICES Privacy Act; Systems of Records, 17910-17911 2010-7961 Nuclear Nuclear Regulatory Commission NOTICES Draft Environmental Assessment and Finding of No Significant Impact: Nine Mile Point Nuclear Station, LLC; Nine Mile Point Nuclear Station (Unit No. 2); Correction, 17970-17976 2010-7959 Postal Postal Service RULES 2010 Standard Mail Incentive Program, 17861-17863 2010-7896 Presidential Presidential Documents PROCLAMATIONS Special Observances:

National Financial Literacy Month (Proc. 8493), 17847-17848 2010-8113 ADMINISTRATIVE ORDERS Government Agencies and Employees: American Recovery and Reinvestment Act of 2009; Noncompliance Reporting Requirements (Memorandum of April 6, 2010), 18043-18046 2010-8226 SEC Securities and Exchange Commission RULES Adoption of Updated EDGAR Filer Manual, 17853-17854 2010-7856 NOTICES Applications: WNC Tax Credits 38, LLC, WNC Tax Credits 39, LLC, WNC Housing Tax Credits Manager, LLC, etc., 17976-17978 2010-7978 Privacy Act;

Systems of Records, 17978-17980 2010-7942 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 17985-17987 2010-7977 International Securities Exchange, LLC, 17980-17981, 17983-17985 2010-7973 2010-7975 NASDAQ OMX BX, Inc., 17981-17983 2010-7976 NASDAQ OMX PHLX, Inc., 17987-17988 2010-7941 State State Department NOTICES Certifications Pursuant to Section 609 of Public Law (101-162), 17988-17989 2010-7974 Climate Action Report; Request for Comments, 17989 2010-7972 Funding Opportunity:

American Youth Leadership Program, 17989-17996 2010-7971 Trans-Saharan Professionals Program, 17996-18005 2010-7981 U.S./Afghanistan Professional Partnership Program, 18005-18012 2010-7979 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17946-17947 2010-7750 Surface Surface Transportation Board NOTICES Discontinuance of Trackage Rights Exemption: Union Pacific Railroad Co., Alameda County, CA, 18013-18014 2010-7854 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Surface Transportation Board Treasury Treasury Department See Community Development Financial Institutions Fund See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service U.S.

Institute of Peace United States Institute of Peace NOTICES Meetings, 18026 2010-7726 Veterans Veterans Affairs Department RULES Grants to States for Construction or Acquisition of State Home Facilities—Update of Authorized Beds, 17859-17861 2010-7791 Removal of Obsolete References to Herbicides Containing Dioxin, 17857-17859 2010-7792 NOTICES Meetings: Advisory Committee on the Readjustment of Veterans, 18026-18027 2010-7925 Western Western Area Power Administration NOTICES Maintenance and Vegetation Management Along Existing Transmission Line Rights of Way:

National Forest System Lands, Colorado, Utah, and Nebraska, 17913-17915 2010-7724 Separate Parts In This Issue Part II Defense Department, Defense Acquisition Regulations System, 18030-18042 2010-7261 2010-7258 2010-7259 2010-7262 Part III Presidential Documents, 18043-18046 2010-8226 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 67 Thursday, April 8, 2010 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 4 [Docket ID OCC-2010-0008] RIN 1557-AD22 Freedom of Information Act AGENCY:

Office of the Comptroller of the Currency, Treasury. ACTION: Final rule. SUMMARY: The Office of the Comptroller of the Currency

(OCC)is amending its regulations governing the disclosure of information pursuant to requests made under the Freedom of Information Act

(FOIA)to reflect changes to the FOIA made by the Openness Promotes Effectiveness in Our National Government Act of 2007 (OPEN Government Act) 1 and to make other changes that update the OCC's FOIA regulations. 1 Public Law 110-175, 110th Cong., 1st Sess., 121 Stat. 2524 (2007). DATES: *Effective Date:* This final rule is effective May 10, 2010. FOR FURTHER INFORMATION CONTACT: Lee Walzer, Counsel, or Michele Meyer, Assistant Director, Legislative and Regulatory Activities Division,

(202)874-5090; or Frank Vance, Manager, Disclosure Services and Administrative Operations, Communications Division,

(202)874-5378. SUPPLEMENTARY INFORMATION: I. Background The OPEN Government Act: Revised definitions contained in the FOIA; changed standards for recovering attorneys fees in FOIA litigation; revised time limits for agencies to act on FOIA requests; provided that search fees would not be charged if an agency fails to comply with time limits if no unusual or exceptional circumstances apply to the processing of the request; required agencies to establish a tracking system enabling requesters to check the status of their requests; added new reporting requirements to agencies' annual FOIA reports; and required agencies to describe the FOIA exemptions relied upon in redacting records that they release to requesters. Many provisions of the OPEN Government Act took effect upon enactment; others (including some related to the amendments to Part 4 in this final rule) were effective as of December 31, 2008. Twelve CFR part 4, subpart B, sets forth OCC policies regarding the availability of information under the FOIA and procedures for requesters to follow when seeking such information. On April 24, 2009, the OCC published a notice of proposed rulemaking

(NPRM)2 to amend part 4 to comport with changes to the FOIA made by the OPEN Government Act, enacted on December 31, 2007. The comment period closed on June 23, 2009. The OCC received no comments on the NPRM and, accordingly, we are adopting the regulatory changes as proposed. 2 *See* 74 FR 18,659 (April 24, 2009). II. Description of the Final Rule The final rule is substantively identical to the proposal, with minor wording changes to improve technical descriptions. Required Description of FOIA Exemptions Used To Justify Non-Disclosure The OPEN Government Act amended the FOIA by requiring that an agency detail the specific FOIA exemption under which material is deleted from information sought by a FOIA requester. If technically feasible, the agency should indicate the exemption under which the deletion was made at the place in the record where the agency deleted the material, and should indicate the amount of material that has been deleted. 3 3 OPEN Government Act, section 12, *amending* 5 U.S.C. 552(b). The OCC is adopting its proposed amendment to 12 CFR 4.12(d) to provide that the OCC will indicate the amount of information deleted, and the exemption pursuant to which the deletion was made, on the released portion of the material, unless doing so would harm an interest protected by an exemption under § 4.12(b). Where technically feasible, the OCC will indicate the amount of information deleted and the exemption relied upon for the deletion at the place where such deletion was made. Time Period for Responding to a FOIA Request The OCC is adopting its proposed revision of 12 CFR 4.15 to provide for the 20-day response period to a FOIA request permitted by the statute and to specify that the 20-day period does not include Saturdays, Sundays, and holidays. The OCC is also amending 12 CFR 4.15 to provide that the 20-day time period may be tolled when the OCC:

(1)makes a one-time request for additional information from the requester; or

(2)needs to clarify a fee-related issue with the requester. The tolling period would end upon receipt of the requested information or resolution of the fee issue, as the case may be. 4 4 The OPEN Government Act did not amend or repeal the FOIA provisions permitting agencies to extend the time for replying to FOIA requests in unusual circumstances. *Id.* at 552(a)(6)(B) and (C). Therefore, the OCC's rules continue to extend the time in such cases for up to an additional 10 business days. 12 CFR 4.15(f)(3). Finally, the OCC is adopting as proposed its amendment to 12 CFR 4.17 to clarify that a requester will not be required to pay any otherwise applicable search or duplication fees, as relevant, if the OCC fails to comply with applicable time limits, if no “unusual” or “exceptional” circumstances, as described in the FOIA and set forth in OCC regulations, apply to the processing of the FOIA request. 5 5 *See* 5 U.S.C. 552(a)(6)(B)-(C); 12 CFR 4.15(f)(3). Definition of “Representative of the News Media” The OCC is adopting as proposed its amendment to the definition of “representative of the news media” in 12 CFR 4.17(a)(8) to comport with the new definition in FOIA, as amended by the OPEN Government Act. The final rule clarifies the circumstances in which a freelance writer will be deemed to be working as a representative of the news media. Consistent with the OPEN Government Act, freelance writers will be regarded as representatives of the news media if they can demonstrate a “solid basis” for expecting publication. The definition further permits the OCC to consider a requester's publication history in assessing whether the requester should be deemed a representative of the news media. Tracking and Contact Information To comply with the OPEN Government Act's requirements, the OCC launched an Internet Web site at *https://appsec.occ.gov/publicaccesslink/* in December, 2008, to provide the public the ability to check the status of a FOIA request online using an assigned tracking number. The final rule includes a new § 4.18, which provides the Internet address and explains that a tracking number will be assigned to every FOIA request. The new § 4.18 also addresses how individuals without Internet access can continue to receive status updates about their FOIA requests. To facilitate the operation of the new tracking service, the OCC is also amending 12 CFR 4.15(c) to include a request for an electronic mail address in the requester's contact information, where such information is available and the requester chooses to provide it. III. Regulatory Analysis Regulatory Flexibility Act Pursuant to Section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b) (RFA), the regulatory flexibility analysis otherwise required under Section 604 of the RFA is not required if the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities and publishes its certification and a short, explanatory statement in the **Federal Register** along with its rule. The final rule will not have such an impact on small entities because the changes being proposed affect mainly the OCC and its processing of FOIA requests, and impose no costs on filers of these requests. Pursuant to Section 605(b) of the RFA, the OCC hereby certifies that this proposal will not have a significant economic impact on a substantial number of small entities. Accordingly, a regulatory flexibility analysis is not needed. Executive Order 12866 The OCC has determined that the final rule is not a significant regulatory action under Executive Order 12866. Paperwork Reduction Act In accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3506), we have reviewed the final rule to assess any information collections. There are no collections of information as defined by the Paperwork Reduction Act. Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995, Public Law 104-4 (2 U.S.C. 1532) (Unfunded Mandates Act), requires that an agency prepare a budgetary impact statement before promulgating any rule likely to result in a Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year. If a budgetary impact statement is required, Section 205 of the Unfunded Mandates Act also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. The OCC has determined that this final rule will not result in expenditures by State, local, and tribal governments, or by the private sector, of $100 million or more in any one year. Accordingly, this proposal is not subject to Section 202 of the Unfunded Mandates Act. List of Subjects in 12 CFR Part 4 National banks, Reporting and recordkeeping requirements, Administrative practice and procedure, Freedom of Information Act, Records. For the reasons set forth in the preamble, chapter I of title 12 of the Code of Federal Regulations is amended as follows: PART 4—ORGANIZATION AND AVAILABILITY OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT 1. The authority citation for part 4 continues to read as follows: Authority: 12 U.S.C. 93a. Subpart A also issued under 5 U.S.C. 552; Subpart B also issued under 5 U.S.C. 552; E.O. 12600 (3 CFR 1987 Comp., p. 235). Subpart C also issued under 5 U.S.C. 301, 552; 12 U.S.C. 161, 481, 482, 484(a), 1442, 1817(a)(3), 1818(u) and (v), 1820(d)(6), 1820(k), 1821(c), 1821(o), 1821(t), 1831m, 1831p-1, 1831o, 1867, 1951 *et seq.,* 2601 *et seq.,* 2801 *et seq.,* 2901 *et seq.,* 3101 *et seq.,* 3401 *et seq.;* 15 U.S.C. 77uu(b), 78q(c)(3); 18 U.S.C. 641, 1905, 1906; 29 U.S.C. 1204; 31 U.S.C. 9701; 42 U.S.C. 3601; 44 U.S.C. 3506, 3510. Subpart D also issued under 12 U.S.C. 1833e. 2. Amend § 4.12 by adding two sentences at the end of paragraph

(d)to read as follows: § 4.12 Information available under the FOIA.

(d)*Segregability.* * * * The OCC will note the location and extent of any deletion, and identify the FOIA exemption under which material has been deleted, on the released portion of the material, unless doing so would harm an interest protected by the exemption under paragraph

(b)of this section pursuant to which the deletion was made. Where technically feasible, the amount of information redacted and the exemption pursuant to which the redaction was made will be indicated at the site(s) of the deletion. 3. Amend § 4.15 by: a. Revising the section heading, the heading for paragraph (c)(1), paragraph (c)(1)(i), the heading for paragraph (f), and paragraph (f)(1); and b. Removing the word “or” at the end of paragraph (f)(3)(ii), removing the period at the end of paragraph (f)(3)(iii) and by adding in lieu thereof “; or”, and adding paragraph (f)(3)(iv). The revisions and addition read as follows. § 4.15 How to request records.

(c)* * *

(1)*Contact information and what the request for records must include.* * * *

(i)The requester's full name, address, telephone number and, at the requester's option, electronic mail address.

(f)*Time limits for responding to FOIA requests.* —(1) The OCC makes an initial determination to grant or deny a request for records within 20 days (excluding Saturday, Sundays, and holidays) after the date of receipt of the request, as described in paragraph

(g)of this section, except as stated in paragraph (f)(3) of this section.

(3)* * *

(iv)*Tolling of time limits.*

(A)The OCC may toll the 20-day time period to: ( *1* ) Make one request for additional information from the requester; or ( *2* ) Clarify the applicability or amount of any fees, if necessary, with the requester.

(B)The tolling period ends upon the OCC's receipt of requested information from the requester or resolution of the fee issue. 4. Amend § 4.17 by: a. Revising the section heading, and paragraph (a)(8); b. Adding paragraph (b)(6); and c. Removing, in the parenthetical in paragraph (d), the phrase “10 business days”, and by adding in lieu thereof the phrase “20 business days”. The revisions and addition are set forth below. § 4.17 FOIA request fees.

(a)* * *

(8)*Requester who is a representative of the news media* means any person who, or entity that, gathers information of potential interest to a segment of the public, uses editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. A freelance journalist shall be regarded as working for a news media entity if the person can demonstrate a solid basis for expecting publication through that entity, whether or not the journalist is actually employed by that entity. A publication contract is one example of a basis for expecting publication that ordinarily would satisfy this standard. The OCC also may consider the past publication record of the requester in determining whether she or he qualifies as a “representative of the news media.”

(b)* * *

(6)*No fee if the time limit passes and the OCC has not responded to the request.* The OCC will not assess search or duplication fees, as applicable, if it fails to respond to a requester's FOIA request within the time limits specified under 12 CFR 4.15, and no “unusual” circumstances (as defined in 5 U.S.C. 552(a)(6)(B) and § 4.15(f)(3)(i)) or “exceptional” circumstances (as defined in 5 U.S.C. 552(a)(6)(C)) apply to the processing of the request. 5. Add § 4.18 to subpart B to read as follows: § 4.18 How to track a FOIA request.

(a)*Tracking number.* The OCC will issue a tracking number to all FOIA requesters within 5 days of the receipt of the request (as described in § 4.15(g)) in the OCC's Communications Department. The tracking number will be sent via electronic mail if the requester has provided an electronic mail address. Otherwise, the OCC will mail the tracking number to the requester's physical address, as provided in the FOIA request.

(b)*Web site.* FOIA requesters may check the status of their FOIA request(s) at *https://appsec.occ.gov/publicaccesslink/.*

(c)*If a requester does not have Internet access.* Requesters without Internet access may continue to contact the Disclosure Officer, Communications Division, Office of the Comptroller of the Currency, at

(202)874-4700 to check the status of their FOIA request(s). Dated: April 2, 2010. John C. Dugan, Comptroller of the Currency. [FR Doc. 2010-7940 Filed 4-7-10; 8:45 am]

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U.S. Code