Unknown. Final rule

4,609 words·~21 min read·/register/2012/01/31/2012-1967·

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-2012-01-31.xml --- 77 20 Tuesday, January 31, 2012 Contents Agriculture Agriculture Department See Food and Nutrition Service See Forest Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FFL Out-of-Business Records Request, 4827-4828 2012-2030 Firearms Disabilities for Nonimmigrant Aliens, 4828 C1--2012--1057 Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act of 1993:

OpenSAF Foundation, 4828 2012-2041 Army Army Department NOTICES Privacy Act; Systems of Records, 4798 2012-2017 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Healthcare Infection Control Practices Advisory Committee, 4820 2012-2001 World Trade Center Health Program Scientific/Technical Advisory Committee, 4820-4821 2012-2002 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Army Department See Navy Department NOTICES Meetings:

Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces, 4787-4788 2012-2035 Revised Non-Foreign Overseas Per Diem Rates, 4788-4798 2012-2042 Drug Drug Enforcement Administration NOTICES Applications: Manufacturer of Controlled Substances, 4828-4829 2012-1975 Decisions and Orders: Emilio Luna, M.D., 4829-4830 2012-1974 Southwest K-9, 4830-4831 2012-1976 Importers of Controlled Substances; Applications, 4831-4832 2012-1980 Importers of Controlled Substances;

Registrations, 4832 2012-1979 Manufacturers of Controlled Substances; Registrations, 4832-4833 2012-1977 2012-1981 Education Education Department RULES State Fiscal Stabilization Fund Program, 4674-4676 2012-2123 State Fiscal Stabilization Fund Program and Discretionary and Other Formula Grant Programs: Final Revisions to Certain Data Collection and Reporting Requirements, Final Priority, 4663-4674 2012-2125 Employment and Training Employment and Training Administration RULES Senior Community Service Employment Program:

Additional Indicator on Volunteer Work, 4654-4661 2012-1324 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission See National Nuclear Security Administration PROPOSED RULES Energy Conservation Program: Test Procedure and Energy Conservation Standard for Set-Top Boxes and Network Equipment, 4698-4699 2012-2060 NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Paducah, 4799-4800 2012-2069 State Energy Advisory Board, 4799 2012-2066 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Petitions for Waivers from Commercial Refrigerator, Freezer and Refrigerator-Freezer Test Procedures:

Hussmann Inc., 4800-4803 2012-2045 Environmental Protection Environmental Protection Agency RULES Nonconformance Penalties for On-highway Heavy Heavy-Duty Diesel Engines, 4678-4687 2012-1937 PROPOSED RULES Nonconformance Penalties for On-highway Heavy-Duty Diesel Engines, 4736-4749 2012-1936 Regional Haze: Revisions to Provisions Governing Alternatives to Source-Specific Best Available Retrofit Technology Determinations, etc., 4735-4736 2012-2070 NOTICES Meetings: Conference on Air Quality Modeling, 4808-4810 2012-2026 Pesticide Products:

Receipt of Applications to Register New Uses, 4810-4813 2012-2039 Proposed Reissuance of National Pollutant Discharge Elimination System General Permits: Oil and Gas Exploration Facilities, Beaufort Sea, Chukchi Sea, 4813-4815 2012-2031 Transfer of Data: Ace Info Solutions, Inc.; Information International Associates, 4815-4816 2012-2033 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 4646-4648 2012-1993 General Electric Co.Turbofan Engine, 4650-4653 2012-1953 Rolls-Royce plc RB211-535 Series Turbofan Engine, 4648-4650 2012-1954 PROPOSED RULES Airworthiness Directives:

Pilatus Aircraft Ltd. Airplanes; Correction, 4699-4700 2012-1991 Establishments of Class E Airspace: Freer, TX, 4700-4701 2012-2020 Proposed Amendment of Class E Airspace; Baraboo, WI, 4701-4702 2012-2085 Proposed Amendment of Class E Airspace; Leesville, LA, 4702-4703 2012-2049 Proposed Amendment of Class E Airspace; Maryville, MO, 4703-4704 2012-2078 Proposed Amendment of Class E Airspace; Monahans, TX, 4704-4705 2012-2077 Proposed Amendment of Class E Airspace; New Philadelphia, OH, 4705-4707 2012-2083 Proposed Amendment of Class E Airspace;

Springhill, LA, 4707-4708 2012-2046 Proposed Amendment of Class E Airspace; Tobe, CO, 4708-4709 2012-2088 Proposed Establishment of Class E Airspace; Branson West, MO, 4709-4710 2012-2080 Proposed Establishment of Class E Airspace; Eldon, MO, 4710-4711 2012-2057 Proposed Establishment of Class E Airspace; Houston, MO, 4711-4712 2012-2051 Proposed Establishment of Class E Airspace; Pender, NE, 4712-4713 2012-2050 Proposed Establishment of Class E Airspace; Red Cloud, NE, 4713-4714 2012-2087 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Number of Full-time Law Enforcement Employees as of October 31, 4833-4834 2012-2027 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4816-4817 2012-2013 Radio Broadcasting Services; AM or FM Proposals to Change the Community of License, 4817 2012-2067 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 4817-4819 2012-1948 2012-1949 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: Tioga Area Expansion and Sabinsville to Morrisville Projects, 4803-4805 2012-2006 Requests Under Blanket Authorization: Dominion Transmission, Inc., 4806 2012-2007 Surrender of License Applications: Eugene Water and Electric Board, 4806-4807 2012-2005 Federal Highway Federal Highway Administration NOTICES Revision of Form FHWA-1273, 4880-4881 2012-1992 Federal Housing Finance Agency Federal Housing Finance Agency RULES Freedom of Information Act Implementation, 4643-4645 2012-1967 Privacy Act Implementation, 4645-4646 2012-1968 Federal Maritime Federal Maritime Commission NOTICES Performance Review Board, 4819 2012-1982 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Renewal Applications:

Commercial Driver's License Standards, Rotel North American Tours, LLC, 4881-4883 2012-1983 Fish Fish and Wildlife Service NOTICES Environmental Assessment, Programmatic Take Permit Application; Availability, etc.: Golden Eagles; West Butte Wind Project, Crook and Deschutes Counties, OR, 4825-4826 2012-1999 Food and Nutrition Food and Nutrition Service PROPOSED RULES National School Lunch Program: Direct Certification Continuous Improvement Plans Required by the Healthy, Hunger Free Kids Act of 2010, 4688-4698 2012-1835 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Temporary or Interim Manufacturing Authority:

Novartis Consumer Health, Inc., Lincoln, NE, 4758-4759 2012-2073 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: McKay Fuels and Vegetation Management Project, Ochoco National Forest, OR, 4757-4758 2012-2009 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4819-4820 2012-2038 Health Resources Health Resources and Services Administration NOTICES Non-Competitive Replacement Award to the California Telehealth Network, 4821 2012-2071 Homeland Homeland Security Department See Transportation Security Administration See U.S.

Customs and Border Protection NOTICES DHS Fiscal Year 2011 Service Contract Inventory; Availability, 4821-4822 2012-1985 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consolidated Plan & Annual Performance Report, 4824-4825 2012-2048 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 4883-4884 2012-1971 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc., 4759-4762 2012-2086 Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Brass Sheet and Strip from Germany, 4762-4763 2012-2082 Honey from Argentina, 4763-4764 2012-2093 Second Postponement of Preliminary Determination in the Countervailing Duty Investigation:

Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China, 4764-4765 2012-2064 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Drug Enforcement Administration See Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: September 11th Victim Compensation Fund Objection Form, 4827 2012-2029 Labor Department Labor Department See Employment and Training Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Meetings:

Joint Colorado Resource Advisory Council, 4826-4827 2012-2003 Legal Legal Services Corporation PROPOSED RULES Termination; Enforcement; Suspension Procedures, 4749-4754 2012-1984 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Refuge Alternatives for Underground Coal Mines, 4834-4835 2012-1988 Petitions for Modification of Application of Existing Mandatory Safety Standards, 4835-4837 2012-1989 NASA National Aeronautics and Space Administration NOTICES Meetings:

NASA Advisory Council Science Committee Planetary Science Subcommittee, 4837 2012-2012 National Indian National Indian Gaming Commission PROPOSED RULES Appeal Proceedings Before the Commission, 4720-4731 2012-1767 Review and Submittal of a Tribe's Facility License Information, 4731-4734 2012-1915 Self-Regulation of Class II Gaming, 4714-4720 2012-1763 National Labor National Labor Relations Board RULES Procedures for Filing Initial FOIA Requests, 4661-4663 2012-2059 National Nuclear National Nuclear Security Administration NOTICES Fee Policies:

Acceptance of Foreign Research Reactor Spent Nuclear Fuel from High-Income Economy Countries, 4807-4808 2012-2052 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 18A, 4754-4756 2012-2081 NOTICES Marine Mammals, 4765 2012-2084 Takes of Marine Mammals Incidental to Specified Activities: Marine Geophysical Survey in the Northwest Pacific Ocean, March through April, 2012, 4765-4787 2012-2076 Navy Navy Department NOTICES Privacy Act of 1974;

System of Records, 4798-4799 2012-1995 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings: Advisory Committee on Reactor Safeguards, 4837-4838 2012-2015 Advisory Committee on Reactor Safeguards Subcommittee on U.S. Evolutionary Power Reactor, 4838-4839 2012-2016 Meetings; Sunshine Act, 4839 2012-2182 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Payment of Premiums, 4839-4841 2012-2096 Securities Securities and Exchange Commission NOTICES Applications:

BOX Options Exchange LLC, 4841-4842 2012-2022 Meetings; Sunshine Act, 4842 2012-2126 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange LLC, 4845-4848 2012-2021 Chicago Board Options Exchange, Inc., 4844-4845 2012-1987 International Securities Exchange, LLC, 4852-4853 2012-1986 NASDAQ OMX BX, Inc., 4850-4851 2012-2037 National Stock Exchange, Inc., 4842-4843 2012-1978 NYSE Amex LLC, 4848-4850 2012-2036 Suspension of Trading Orders: Airbee Wireless, Inc., Axial Vector Engine Corp.

(n/k/a Avec Corp.), Exploration Drilling International, Inc., 4853 2012-2161 Onyx Service & Solutions, Inc., 4853 2012-2160 Small Business Small Business Administration NOTICES Disaster Declarations: Alaska; Amendment 1, 4854 2012-2019 North Carolina, 4853-4854 2012-2018 Military Reservist Economic Injury Disaster Loans Interest Rate for Second Quarter FY 2012, 4854 2012-2023 Social Social Security Administration RULES Requiring Electronic Filing of Select Appeals by Certain Claimant Representatives, 4653-4654 2012-1597 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 4854-4858 2012-1598 2012-1947 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4858 2012-2079 Culturally Significant Objects Imported for Exhibition Determinations: Byzantium and Islam; Age of Transition (7th-9th Century); Correction, 4858-4859 2012-2074 Susquehanna Susquehanna River Basin Commission NOTICES Projects Approved for Consumptive Uses of Water, 4859-4862 2012-1997 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: SBTRC Regional Field Offices Intake Form; SBTRC Regional Field Offices Quarterly Report Form, 4862-4863 2012-2044 Funding Availability: National Infrastructure Investments under the Full-Year Continuing Appropriations, 2012, 4863-4880 2012-1996 Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Flight Training for Aliens and Other Designated Individuals;

Security Awareness Training for Flight School Employees, 4822 2012-2024 Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4883 2012-2011 Customs U.S. Customs and Border Protection NOTICES Western Hemisphere Travel Initiative: Approved Native American Tribal Card Issued by Kootenai Tribe of Idaho, 4822-4824 2012-1962 Veteran Affairs Veterans Affairs Department RULES Parents Eligible for Burial, 4676-4678 2012-2043 PROPOSED RULES Servicemembers Group Life Insurance - Stillborn Child Coverage, 4734-4735 2012-1990 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. 77 20 Tuesday, January 31, 2012 Rules and Regulations FEDERAL HOUSING FINANCE AGENCY 12 CFR Part 1202 RIN 2590-AA44 Freedom of Information Act Implementation AGENCY: Federal Housing Finance Agency. ACTION: Final rule. SUMMARY:

The Federal Housing Finance Agency

(FHFA)issues this final regulation revising its existing Freedom of Information Act

(FOIA)regulation. This final regulation provides procedures and guidelines under which FHFA and the FHFA Office of Inspector General (FHFA-OIG) will implement FOIA. DATES: The final regulation is effective January 31, 2012. FOR FURTHER INFORMATION CONTACT: David A. Lee, FHFA Chief FOIA Officer,

(202)649-3058, *david.lee@fhfa.gov* (not a toll-free number), Federal Housing Finance Agency, 400 Seventh Street SW., Eighth Floor, Washington, DC 20024. *Please note that all mail sent to FHFA via the United States Postal Service is routed through a national irradiation facility, a process that may delay delivery by approximately two weeks. For any time-sensitive correspondence, please plan accordingly.* The telephone number for the Telecommunications Device for the Hearing Impaired

(TDD)is

(800)877-8339. SUPPLEMENTARY INFORMATION: I. Interim Final Regulation FHFA issued an interim final regulation on May 23, 2011 at 76 FR 29633 revising its 2009 FOIA regulation in various aspects. These revisions were necessary to provide procedures and guidelines under which FHFA and FHFA-OIG would implement FOIA, as well as to implement certain necessary updates and revisions to the 2009 regulation. FHFA solicited public comments on the interim final regulation for a 60-day period that ended on July 22, 2011. II. Analysis of Comment Received and Final Regulation FHFA received one comment letter in response to the interim final regulation from the National Archives and Records Administration's Office of Government Information Services (NARA). NARA recommended several changes to the interim final regulation. These changes are discussed below. Additionally, since the publication of the interim final regulation, FHFA has relocated its headquarters and its mailing address and contact information for the FOIA program has changed. As a result, FHFA will also be making technical changes to the regulation to include the new mailing address and telephone, and facsimile numbers for the FOIA program. Section 1202.1—Why did FHFA issue this regulation? NARA suggested revising § 1202.1(c) to clarify how FHFA and FHFA-OIG will handle first-party access requests— *i.e.,* a request for information about yourself—which are commonly submitted pursuant to the Privacy Act. FHFA and FHFA-OIG agree with this recommendation and have revised the final regulation to clarify how first-party access requests will be handled. Section 1202.2—What do the terms in this regulation mean? NARA suggested adding definitions for the terms “FOIA Liaison,” “Fee Waiver,” and “Requester Category.” FHFA has revised the regulation to include definitions for the terms “FOIA Liaison” and “Fee Waiver.” As for NARA's recommendation regarding the term “Requester Category,” FHFA and FHFA-OIG have incorporated three different categories into the definition of “Requester in the final regulation.” Therefore, a separate, stand-alone definition of “Requester Category” is unnecessary and has not been adopted in the final regulation. NARA also suggested that clarifying language be added to the definition of “Direct Costs,” at least to the extent that such costs may relate to contract services costs. Since neither FHFA nor FHFA-OIG uses or contemplates using contract services to fulfill FOIA responsibilities, the term's current definition is sufficiently descriptive and no further clarification is necessary, and none has been adopted in the final regulation. NARA further suggested that the definition of “Unusual Circumstances” be revised to “differentiate between FHFA's 12 Federal Home Loan Banks (FHLBanks) located across the country and an office that is on another floor or a few blocks away.” This comment suggests that the FHLBanks are units of FHFA. FHLBanks are not units of FHFA. FHFA regulates the FHLBanks, which are wholly private entities and therefore not subject to FOIA. Any reference in this final regulation to “other components” of FHFA or FHFA-OIG refers to offices within FHFA or FHFA-OIG, not to the FHLBanks. As a result, such a revision is unnecessary and has not been adopted in the final regulation. Section 1202.3—What information can I obtain through FOIA? NARA recommended that § 1202.3(b) be revised to expand the universe of information a requester may obtain to include compilations of information contained in databases, “especially if a compilation can be produced through a few keystrokes.” FHFA and FHFA-OIG decline to make this change. NARA's recommendation would require proactive disclosure of anything that might be produced electronically while imposing an undue burden, regardless of whether the requester sought it. However, if a requester seeks a compilation of information contained in databases, he or she may ask for it. This position is consistent with FOIA and with applicable case precedent. Therefore, FHFA and FHFA-OIG decline to adopt NARA's suggested modification. FHFA, however, will be making technical changes to this section to update the contact information of the FOIA program to that of FHFA's new headquarters. Section 1202.4—What information is exempt from disclosure? NARA recommended that § 1202.4(d), which specifically concerns “[e]xempt and redacted material,” be revised to make plain that no itemized index of withheld materials needs to be provided to a requester “at the administrative stage of processing a request.” The current language of paragraph

(d)complies with applicable statutory and precedential requirements for FOIA. Therefore, FHFA and FHFA-OIG decline to adopt NARA's suggested modification. Section 1202.5—How do I request information from FHFA or FHFA-OIG under FOIA? NARA suggested that § 1202.5(c) through

(g)be revised to indicate not that requesters “must” comply with the procedural requirements set forth therein, but that they merely “should” do so. FHFA and FHFA-OIG decline to adopt this recommendation. Establishing clear requirements minimizes ambiguity in processing and handling FOIA requests, and helps ensure that all requesters are treated equally. Therefore, FHFA and FHFA-OIG decline to adopt NARA's suggested modification. NARA also suggested that § 1202.5(d) be revised to indicate that requesters should attempt to identify their fee status, but not absolutely require that they do so. FHFA and FHFA-OIG agree and have made the suggested modification. Additionally, FHFA will be making technical changes to this section to update the contact information of the FOIA program to that of FHFA's new headquarters. Section 1202.7—How will FHFA and FHFA-OIG respond to my FOIA request? In the interim final regulation, § 1202.7(c), Referrals to other agencies, provided that FHFA and FHFA-OIG refer requests that seek records originating in other agencies to that agency. It also provided that the requester be notified when such referrals occur. NARA recommended that § 1202.7(c) be revised to provide that FHFA and FHFA-OIG also notify requesters of what part of the request was referred, the name of the agency to which the request was referred, as well as the name of a contact at that agency to whom the requester may speak about the referred request. As a matter of procedure, FHFA provides this information to requesters but will include that procedure expressly in § 1202.7(c). NARA also recommended that § 1202.7(d) be revised to designate the “search cut-off date”— *i.e.,* the date of the request—as the date of search, on the presumption that such a designation could “result in a much fuller search.” As a matter of policy, however, FHFA and FHFA-OIG consistently use the date on which each request is received as the date of search. Further, it is not evident that the recommended change would necessarily result in a “fuller” search. FHFA and FHFA-OIG elect to use their discretion on this point, and thereby decline to adopt NARA's suggested modification. Section 1202.9—How do I appeal a response denying my FOIA request? NARA suggested that § 1202.9(b) be revised to extend a requester's deadline for appealing the agency response on a given request from 30 days to 45 or even 60 days. FOIA requires only a 30-day appeal window and FHFA and FHFA-OIG decline to extend it further. NARA also suggested that § 1202.9 be amended by adding a new paragraph (g), which would require that requesters be advised of the services offered by NARA's Office of Government Information Services

(OGIS)services, and further informing the requester that FHFA and FHFA-OIG will work with OGIS to resolve disputes concerning responses to FOIA requests. Section 1202.9 of the final regulation has been amended to include a new paragraph (g), which advises requesters that they may consult the OGIS regarding disputes. However, current law does not require that such disputes be referred to the OGIS, which offers mediation services, but possesses no binding authority over either FHFA or FHFA-OIG with regard to information production or any other matter. NARA's additional suggestions would commit FHFA and FHFA-OIG to take steps beyond those required by law that would unduly burden this process. Therefore, FHFA and FHFA-OIG decline to adopt NARA's suggested modification. Additionally, FHFA will be making technical changes to this section to update the contact information of the FOIA program to that of FHFA's new headquarters. Section 1202.11—What will it cost to get the records I requested? NARA recommended that § 1202.11(a) be revised to provide requesters with a breakdown of all fees applicable to the FOIA process. This change is unnecessary, because paragraph

(c)of this section directs requesters to FHFA's Web site for the most current fee schedule, to which FHFA-OIG also abides. Referring requesters to the Web site eliminates the need to update formally the regulation every time a fee changes. Therefore, FHFA and FHFA-OIG decline to adopt NARA's suggested modification. NARA also recommended that § 1202.11(b) be modified to provide information on how FHFA would determine the electronic equivalent of 100 pages of duplication, for the purpose of assessing an applicable fee. FHFA and FHFA-OIG decline to confine themselves to any one method for making such a determination, since the nature and format of the responsive material will necessarily dictate how best to ascertain that material's relative “page length.” Further, methods for making this determination are likely to change as technology develops, making a regulatory commitment to follow one method over another inadvisable. Therefore, FHFA and FHFA-OIG decline to adopt NARA's suggested modification. NARA further recommended that § 1202.11(h) be revised to permit fee waivers “as a matter of administrative discretion.” FHFA and FHFA-OIG decline to revise the existing language, which tracks the statutory and legal requirements of FOIA and provides for the even-handed treatment of all requesters. Therefore, FHFA and FHFA-OIG decline to adopt NARA's suggested modification. Regulatory Impacts Paperwork Reduction Act The regulations in this part do not contain any information collection requirement that requires the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires that a regulation that has a significant economic impact on a substantial number of small entities, small businesses, or small organizations must include an initial regulatory flexibility analysis describing the regulation's impact on small entities. Such an analysis need not be undertaken if the agency has certified that the regulation does not have a significant economic impact on a substantial number of small entities (5 U.S.C. 605(b)). FHFA has considered the impact of the regulation under the Regulatory Flexibility Act. FHFA certifies that the regulation is not likely to have a significant economic impact on a substantial number of small business entities because the regulation is applicable only to the internal operations and legal obligations of FHFA and FHFA-OIG. List of Subjects in 12 CFR Part 1202 Appeals, Confidential commercial information, Disclosure, Exemptions, Fees, Final action, Freedom of Information Act, Judicial review, Records, Requests. Authority and Issuance Accordingly for the reasons stated in the preamble, the interim final regulation amending 12 CFR part 1202 that was published in the **Federal Register** at 76 FR 29633 on May 23, 2011 is adopted as a final regulation with the following changes: PART 1202—FREEDOM OF INFORMATION ACT 1. The authority citation for part 1202 continues to read as follows: Authority: Pub. L. 110-289, 122 Stat. 2654; 5 U.S.C. 301, 552; 12 U.S.C. 4526; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; E.O. 13392, 70 FR 75373-75377, 3 CFR, 2006 Comp., p. 216-200. 2. Amend § 1202.1 by revising paragraph

(c)to read as follows: § 1202.1 Why did FHFA issue this regulation?

(c)If you want to request information about yourself, this is considered a first-party or Privacy Act request under the Privacy Act (5 U.S.C. 552a), and therefore you should file your request using FHFA's Privacy Act regulations at part 1204 of this title. If you file a request for information about yourself, FHFA or FHFA-OIG will process this request under both FOIA and Privacy Act in order to give you the greatest degree of access to any responsive material. 3. Amend § 1202.2 as follows: a. Add definitions for the terms “Fee Waiver” and “FOIA Public Liaison” in alphabetical order; and b. Revise the definition for the term “Requester”. The additions and revisions read as follows: § 1202.2 What do the terms in this regulation mean? *Fee Waiver* means the waiver or reduction of fees if the requester can demonstrate that certain statutory standards are met. *FOIA Public Liaison* is a person who is responsible for assisting requesters with their requests. *Requester* means any person seeking access to FHFA or FHFA-OIG records under FOIA. A requester falls into one of three categories for the purpose of determining what fees may be charged. The three categories are—

(1)Commercial;

(2)News media, scientific institution or educational; and

(3)Other. § 1202.3—[Amended] 4. Amend § 1202.3(c)(1) as follows: a. Remove the words “1700 G Street, NW., Fourth Floor, Washington, DC 20552” and add in their place the words “400 Seventh Street, SW., Eighth Floor, Washington, DC 20024”. b. Remove the words “1625 Eye Street, NW., Washington, DC 20006” and add in their place the words “400 Seventh Street, SW., Third Floor, Washington, DC 20024”. c. Remove the telephone number “(202) 414-6425” and add in its place the telephone number “(202) 649-3803”. d. Remove the telephone number “(202) 408-2577” and remove the email address “ *bryan.saddler@fhfa.gov* ” and add in their place the telephone number “(202) 730-2824” and the email address “ *bryan.saddler@fhfaoig.gov* ”. 5. Amend § 1202.5 as follows: a. In paragraph

(a)remove the words “1700 G Street, NW., Washington, DC 20552” and remove the facsimile number “(202) 414-8917” and add in their place the words “400 Seventh Street, SW., Eighth Floor, Washington, DC 20024” and the facsimile number “(202) 649-1073”. b. Revise paragraph

(d)to read as follows: § 1202.5 How do I request information from FHFA or FHFA-OIG under FOIA?

(d)*Your FOIA status.* If you are submitting your request as a “commercial use” requester, an “educational institution” requester, a “non-commercial scientific institution” requester, or a “representative of the news media” for the purposes of the fee provisions of FOIA, your request should include a statement specifically identifying your status. 6. Amend § 1202.7 by revising paragraph

(c)to read as follows: § 1202.7 How will FHFA and FHFA-OIG respond to my FOIA request?

(c)*Referrals to other agencies.* If you submit a FOIA request that seeks records originating in another Federal Government agency, FHFA or FHFA-OIG will refer your request or a portion of your request, as applicable, to the other agency for response. FHFA or FHFA-OIG will provide you notice of the referral, what portion of the request was referred, and the name of the other agency and contact information. 7. Amend § 1202.9 as follows: a. In paragraph

(g)to read as follows: § 1202.9 How do I appeal a response denying my FOIA request?

(g)*Additional Resource.* The National Archives and Records Administration (NARA), Office of Government Information Services

(OGIS)offers non-compulsory, non-binding mediation services to resolve FOIA disputes. If you seek information regarding the OGIS and/or the services it offers, please contact the OGIS directly at Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, MD 20740-6001, Email: *ogis@nara.gov* , Phone:

(301)837-1996, Fax:

(301)837-0348, Toll-free: 1-(877) 684-6448. This information is provided as a public service only. By providing this information, FHFA and FHFA-OIG do not commit to refer disputes to OGIS, or to defer to OGIS' mediation decisions in particular cases. Dated: January 24, 2012. Edward J. DeMarco, Acting Director, Federal Housing Finance Agency. [FR Doc. 2012-1967 Filed 1-30-12; 8:45 am]

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