Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-06-07.xml --- 75 108 Monday, June 7, 2010 Contents Agriculture Agriculture Department See Forest Service Antitrust Antitrust Division NOTICES Proposed Final Judgment and Competitive Impact Statement: United States of America v. Idaho Orthopaedic Society, Timothy Doerr, et al., 32210-32221 2010-13610 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Interest Projects, 32190 2010-13518 2010-13519 Task Force on Community Preventive Services, 32186-32187 2010-13514 National Health and Nutrition Examination Survey DNA Samples:

Guidelines for Proposals to Use Samples and Cost Schedule, 32191-32195 2010-13517 Procedures and Costs for Use of the Research Data Center, 32195-32199 2010-13516 Children Children and Families Administration PROPOSED RULES Safeguarding Child Support Information, 32145-32157 2010-13021 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration Consumer Consumer Product Safety Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Consumer Focus Groups, 32161-32162 2010-13513 Copyright Copyright Royalty Board NOTICES Rate Adjustment for the Satellite Carrier Compulsory License, 32228-32229 2010-13575 Defense Defense Department NOTICES Meetings: Defense Health Board, 32162 2010-13531 Defense Policy Board, 32163 2010-13532 Department of Defense Wage Committee, 32163 2010-13547 Drug Drug Enforcement Administration PROPOSED RULES Voluntary Surrender of Certificate of Registration, 32140-32142 2010-13521 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 32163-32164 2010-13589 2010-13593 Applications for New Awards (FY 2010): Regional Interpreter Education Centers for Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing, etc., 32164-32169 2010-13569 Comprehensive Centers Program, 32169-32171 2010-13571 Employment Employment and Training Administration NOTICES Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance: Alticor, Inc., et al., Ada, MI, 32221 2010-13505 Whirlpool Corp. et al., Evansville, IN, 32221 2010-13510 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 32221-32225 2010-13508 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance, 32225-32227 2010-13506 2010-13507 Revised Determination on Reconsideration:

Gemological Institute of America, Carlsbad, CA and New York, NY, 32227 2010-13509 Energy Energy Department See Energy Efficiency and Renewable Energy Office RULES Weatherization Assistance for Low-Income Persons; Maintaining the Privacy of Applicants for and Recipients of Services, 32089-32090 2010-13594 NOTICES Environmental Impact Statements; Availability, etc.: American Electric Power Service Corporations Mountaineer Commercial Scale Carbon Capture and Storage Project, Mason County, WV, 32171-32175 2010-13568 Energy Energy Efficiency and Renewable Energy Office NOTICES Energy Conservation Program for Consumer Products:

Decision and Order Granting Waiver to Haier from DOE Residential Refrigerator and Refrigerator-Freezer Test Procedure, 32175-32177 2010-13539 Energy Efficiency Program for Consumer Products: Massachusetts' Energy Efficiency Standard for Residential Non-Weatherized Gas Furnaces; Petition for Exemption from Federal Preemption, 32177-32178 2010-13544 EPA Environmental Protection Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32178 2010-13622 Document Availability:

National Ambient Air Quality Standards for Carbon Monoxide, 32178-32179 2010-13620 Regional Waiver of Section 1605 (Buy American requirement) of the American Recovery and Reinvestment Act of 2009: Bridgeport, WA, 32179-32181 2010-13529 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) Airplanes, etc., 32090-32092 2010-13427 Revision of Restricted Area R-2504:

Camp Roberts, CA, 32093-32094 2010-13607 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 32094-32098 2010-12131 2010-13263 PROPOSED RULES Proposed Amendment of Colored Federal Airway B-38: Alaska, 32117-32119 2010-13592 Proposed Amendment of the Pacific High and Low Offshore Airspace Areas: California, 32119-32120 2010-13603 Proposed Establishment and Amendment of Area Navigation Routes: Alaska, 32120-32122 2010-13596 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 32236 2010-13590 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Flood Insurance Program Policy Forms, 32199 2010-13604 Request for Site Inspection, Landowners Authorization/Ingress/Egress Agreement Request for the Site Inspection, Landowners Authorization/Ingress/Egress Agreement, 32199-32201 2010-13616 Residential Basement Floodproofing Certification, 32201 2010-13608 Federal Highway Federal Highway Administration NOTICES Environmental Assessments;

Availability, etc.: Klingle Valley Trail Project; Public Hearing, 32239-32240 2010-13485 Environmental Impact Statements; Availability, etc.: Klingle Road; Washington, DC, 32240 2010-13490 Federal Housing Federal Housing Finance Agency PROPOSED RULES Enterprise Duty to Serve Underserved Markets, 32099-32117 2010-13411 Federal Motor Federal Motor Carrier Safety Administration NOTICES Rules of Practice, 32242-32243 2010-13591 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 32236-32239 2010-13462 2010-13498 Environmental Impact Statements; Availability, etc.: Southeast High Speed Rail Corridor - Richmond, VA (Main Street Station) to Raleigh, NC (Boylan Wye), 32240-32242 2010-13587 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 32181 2010-13541 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 32181-32182 2010-13543 Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies Engaged in Permissible Nonbanking Activities, 32182 2010-13542 Fish Fish and Wildlife Service NOTICES Draft Comprehensive Conservation Plan and Environmental Assessment:

Felsenthal National Wildlife Refuge, Ashley, Bradley, and Union Counties, AR; Overflow National Wildlife Refuge, Ashley County, AR, 32205-32208 2010-13511 Tennessee National Wildlife Refuge, Henry, Benton, Decatur, and Humphreys Counties, TN, 32201-32205 2010-13520 Food Food and Drug Administration NOTICES Meetings: Anesthetic and Life Support Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee, 32188 2010-13535 Endocrinologic and Metabolic Drugs Advisory Committee, 32188-32189 2010-13534 Endocrinologic and Metabolic Drugs Advisory Committee and Drug Safety and Risk Management Advisory Committee, 32189-32190 2010-13533 Forest Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: SRS Publications Evaluation Card, 32158 2010-13538 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Medicaid Program: Proposed Implementation of Section 614 of the Children's Health Insurance Program Reauthorization Act of 2009, etc., 32182-32183 2010-13680 Homeland Homeland Security Department See Federal Emergency Management Agency Industry Industry and Security Bureau PROPOSED RULES Revisions to Defense Priorities and Allocations System Regulations, 32122-32140 2010-13395 Interior Interior Department See Fish and Wildlife Service See Reclamation Bureau International International Trade Administration NOTICES Extension of Preliminary Results of Antidumping Duty Administrative Review:

New Pneumatic Off-the-Road Tires from the People's Republic of China, 32158-32159 2010-13581 Extension of Time Limit for Preliminary Results of Countervailing Duty Administrative Review: Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from Brazil, 32160-32161 2010-13584 Certain New Pneumatic Off-the-Road Tires from the People's Republic of China, 32159-32160 2010-13578 Justice Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Lodging of Consent Decree Under the Clean Air Act, 32210 2010-13501 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Legal Legal Services Corporation NOTICES Meetings;

Sunshine Act, 32227-32228 2010-13639 Library Library of Congress See Copyright Royalty Board National Archives National Archives and Records Administration NOTICES Meetings: Advisory Committee on the Records of Congress, 32229 2010-13577 National Declassification Center, 32229 2010-13580 NIH National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 32184-32186 2010-13597 2010-13606 Meetings: National Center for Research Resources, 32187 2010-13576 2010-13579 2010-13582 Nuclear Nuclear Regulatory Commission NOTICES Meetings:

ACRS Subcommittee on Advanced Boiling Water Reactor, 32229-32230 2010-13621 Meetings; Sunshine Act, 32230 2010-13667 Occupational Occupational Safety and Health Administration PROPOSED RULES Combustible Dust; Web Chat, 32142-32143 2010-13467 Postal Postal Service PROPOSED RULES Submission of Electronic Documentation with Comailed and Copalletized Mailings, 32143-32145 2010-13574 Presidential Presidential Documents PROCLAMATIONS Special Observances: African-American Music Appreciation Month (Proc. 8527), 32075-32076 2010-13660 Great Outdoors Month (Proc. 8528), 32077-32078 2010-13666 Lesbian, Gay, Bisexual, and Transgender Pride Month (Proc. 8529), 32079-32080 2010-13672 National Caribbean-American Heritage Month (Proc. 8530), 32081-32082 2010-13674 National Oceans Month (Proc. 8531), 32083-32084 2010-13675 Prayer For Peace, Memorial Day (Proc. 8532), 32085-32086 2010-13677 ADMINISTRATIVE ORDERS Committees;

Establishment, Renewal, Termination, etc.: Defense Production Act Committee; Chairperson Designation (Memorandum of May 19, 2010), 32087 2010-13659 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: North San Pablo Bay Restoration and Reuse Project, 32209-32210 2010-13512 SBA Small Business Administration NOTICES Disaster Declaration: New Jersey, 32230 2010-13546 Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest:

Emergence Capital Partners SBIC, L.P., 32230 2010-13536 Solutions Capital I, L.P., 32230-32231 2010-13548 Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 32231 2010-13549 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32231-32233 2010-13530 Special Inspector Special Inspector General For Iraq Reconstruction NOTICES Privacy Act; Systems of Records, 32233-32235 2010-13481 State State Department NOTICES Meetings:

Exchange Visitor Program - Secondary School Students, 32235-32236 2010-13585 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration 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. 75 108 Monday, June 7, 2010 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Part 440 [Docket No.

DOE-EERE-OT-2010-0004] 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: Final rule. SUMMARY: The U.S. Department of Energy

(DOE)published an interim final rule on March 11, 2010, requiring that all States and other service providers that participate in the Weatherization Assistance Program

(WAP)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). DOE is today adopting the interim final rule as final without change. DATES: This rule is effective July 7, 2010. 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. Background and Authority Title IV, Energy Conservation and Production Act, as amended, authorizes DOE to administer the WAP. All grant awards made under this program must comply with applicable authorities, including regulations contained in Title 10 of the Code of Federal Regulations (10 CFR) part 440. II. Discussion On March 11, 2010, DOE published an interim final rule requiring all States and other service providers that participate in the 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), 75 FR 11419. The background and explanation of the interim final rule was set out in that March 11 publication. The comment period for that interim final rule closed on April 12, 2010. DOE received one comment letter, the substance of which is set forth, with responses, below: *Comment:* Rule 10 CFR 440.2(e) should state that participant name and address information has a substantial privacy interest under FOIA Exemption (b)(6) because disclosure of such information would reveal the income status of the participant. *Response:* The interim final rule includes the following language in its amendment to 10 CFR 440.2: “Under 5 U.S.C. 552(b)(6) [the codification of FOIA Exemption (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.” 75 FR 11422. DOE believes that this existing language is sufficient to satisfy the suggestion in this comment. *Comment:* Rule 10 CFR 440.2(e) should state that the FOIA (b)(6) balancing test should include the consideration of alternatives to disclosure of identifying information that could address the public interest without compromising the privacy of WAP participants. *Response:* The interim final rule states, “[g]iven 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 * * *. 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.” 75 FR 11420. DOE believes that this existing language, and the FOIA (b)(6) language found at 5 U.S.C. 552(b)(6), adequately addresses the suggestion in this comment. *Comment:* DOE should include in the final rule examples of actual or hypothetical FOIA requests as guidance to illustrate how DOE would apply the FOIA (b)(6) balancing test. *Response:* DOE believes that speculating on the FOIA (b)(6) outcome of a given hypothetical situation would not provide much assistance to WAP providers. The public interest involved and the appropriate balance struck will depend on the facts of any given situation. *Comment:* DOE should ask States and other service providers to voluntarily submit the results of FOIA (b)(6) balancing test decisions, so that DOE can maintain and provide access to a repository of those decisions for reference by other WAP providers. *Response:* DOE believes that compiling such decisions is unnecessary, creates an additional paperwork burden on WAP providers and the Agency, and might require DOE to establish a Privacy Act System of Records. Because the suggestions in comments

(1)and

(2)are already incorporated in the interim final rule, and because DOE declines to adopt the suggestions in comments

(3)and (4), DOE is today adopting the interim final rule as final without change. III. Procedural Issues and Regulatory Review A. Review Under 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 of the Office of Management and Budget. B. 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). IV. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this 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 May 28, 2010. Cathy Zoi, Assistant Secretary, Energy Efficiency and Renewable Energy. PART 440—WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS Accordingly, the interim final rule amending 10 CFR part 440 which was published at 75 FR 11419 on March 11, 2010, is adopted as a final rule without change. [FR Doc. 2010-13594 Filed 6-4-10; 8:45 am]

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