Unknown. Final rule

10,350 words·~47 min read·/register/2012/06/11/2012-14135

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-2012-06-11.xml --- 77 112 Monday, June 11, 2012 Contents Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agriculture Agriculture Department See Forest Service See Natural Resources Conservation Service Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Survey of Income and Program Participation 2013 Event History Calendar - Field Test, 34338-34339 2012-14016 Centers Disease Centers for Disease Control and Prevention NOTICES Implementation of Federal Financial Report:

Mandatory Use of Federal Financial Report System in eRA Commons, 34386-34387 2012-14049 National Health and Nutrition Examination Survey DNA Samples, 34387 2012-14056 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals, etc.; Correction, 34326-34331 2012-14159 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Extension to HS Transportation Requirement, 34387-34388 2012-14059 Coast Guard Coast Guard RULES Special Local Regulations for Marine Events: Lake Gaston, Littleton, NC; Swim Event, 34215-34217 2012-14127 PROPOSED RULES Safety Zones: 2012 Ironman US Championship Swim, Hudson River, Fort Lee, NJ, 34285-34288 2012-14126 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34396-34398 2012-14124 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings:

Technology Advisory Committee, 34352-34353 2012-14002 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34353 2012-14009 Training and Technical Assistance and Disability Inclusion Programming: Inviting Informal Public Comment, 34354-34355 2012-14014 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34355-34356 2012-14112 Meetings:

Missile Defense Advisory Committee, 34357 2012-14100 Uniform Formulary Beneficiary Advisory Panel, 34356-34357 2012-14093 Privacy Act; Systems of Records, 34357-34358 2012-14013 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Department Education Department NOTICES Applications for New Awards: Disability and Rehabilitation Research Projects and Centers Program; Traumatic Brain Injury Model Systems Centers, 34359-34363 2012-14130 Final Priorities:

Traumatic Brain Injury Model Systems Centers, 34363-34367 2012-14115 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34367 2012-14119 Proposed Subsequent Arrangements, 34367-34368 2012-14114 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 34368-34371 2012-14116 Environmental Protection Environmental Protection Agency RULES Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards: Several Counties in Illinois, Indiana, and Wisconsin; Correction, 34221-34228 2012-14097 Approvals and Promulgations of Air Quality Implementation Plans: Indiana; Regional Haze, 34218-34221 2012-13955 Final Authorizations of State Hazardous Waste Management Programs: Idaho;

Revision, 34229-34232 2012-14132 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Pennsylvania; Pittsburgh-Beaver Valley Nonattainment Area Determinations of Attainment of 1997 Annual Fine Particulate Standard, 34297-34300 2012-14094 Pennsylvania; Revision to Allegheny County Regulations for Prevention of Significant Deterioration, 34300-34301 2012-14138 Approvals and Promulgations of Implementation Plans: Alabama; Infrastructure Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 34288-34297 2012-14160 Tennessee; 110(a)(1) and

(2)Infrastructure Requirements for 1997 Annual and 2006 24-Hour Fine Particulate National Ambient Air Quality Standards, 34306-34315 2012-14096 Tennessee; Prevention of Significant Deterioration and Nonattainment New Source Review; Fine Particulate Matter, 34302-34306 2012-14106 National Pollutant Discharge Elimination System: Requirements for Cooling Water Intake Structures at Existing Facilities; Impingement Mortality Control Requirements, 34315-34326 2012-14153 NOTICES Meetings: National Drinking Water Advisory Council, 34382-34383 2012-13822 Toxic Substances Control Act Interagency Testing Committee; Seventieth Report, 34778-34780 2012-14099 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Hartzell Engine Technologies Turbochargers, 34206-34208 2012-13855 Amendments of Class D and Class E Airspace: Leesburg, FL, 34208-34209 2012-13841 Amendments of Class E Airspace: Orlando, FL, 34210-34211 2012-13840 Tallahassee, FL, 34209-34210 2012-13839 Modifications of Multiple Compulsory Reporting Points: Continental United States, Alaska and Hawaii, 34211-34212 2012-13993 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 34283-34285 2012-14068 Schweizer Aircraft Corporation, 34281-34283 2012-14037 Federal Communications Federal Communications Commission RULES Telephone Consumer Protection Act of 1991, 34233-34249 2012-13862 NOTICES Meetings; Sunshine Act, 34383 2012-14231 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 34383-34384 2012-14179 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Red River Hydro LLC, 34371-34372 2012-14051 Combined Filings, 34372-34378 2012-14022 2012-14023 2012-14024 2012-14055 2012-14083 Commission Staff Attendance, 34378 2012-14020 Complaints: PJM Interconnection, LLC, 34378 2012-14053 Compliance Filings: Enogex LLC, 34378-34379 2012-14017 Designations of Commission Staff as Non-Decisional: North American Electric Reliability Corp., 34379 2012-14019 Limited Waiver Petitions: American Municipal Power, Inc., 34379 2012-14054 Meetings: Nuclear Regulatory Commission and Federal Energy Regulatory Commission, 34379-34380 2012-14021 Petitions for Declaratory Orders: Explorer Pipeline Co.; Amendment, 34380 2012-14052 Requests under Blanket Authorizations: CenterPoint Energy Gas Transmission Co., LLC, 34380-34381 2012-14018 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Newberg Dundee Bypass Project Project, Yamhill and Washington Counties, OR, 34456-34457 2012-14045 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES 2012-2014 Enterprise Housing Goals, 34263-34281 2012-14105 Federal Motor Federal Motor Carrier Safety Administration RULES Final Revisions to Guidance: Use of Binding Arbitration under the Administrative Dispute Resolution Act of 1996, 34249-34254 2012-14087 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34384-34385 2012-14036 Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 34385-34386 2012-14086 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 34386 2012-13980 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Listing 38 Species on Molokai, Lanai, and Maui as Endangered and Designating Critical Habitat on Molokai, Lanai, Maui, and Kahoolawe for 135 Species, 34464-34775 2012-11484 Food and Drug Food and Drug Administration RULES Irradiation in the Production, Processing, and Handling of Food, 34212-34215 2012-14035 NOTICES Determinations of Regulatory Review Periods for Purposes of Patent Extensions: CYSVIEW (Previously HEXVIX), 34388-34389 2012-14003 PROGEL PLEURAL AIR LEAK SEALANT, 34389-34390 2012-14000 Draft Guidance for Industry: Revised Preventive Measures to Reduce Possible Risk of Transmission of Creutzfeldt-Jakob Disease, etc.; Amendment, 34390 2012-14034 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 34409 2012-14249 Forest Forest Service NOTICES Committee Reestablishments and Requests for Applications: Lake Tahoe Federal Advisory Committee, 34337 2012-14081 Environmental Impact Statements; Availability, etc.: Uinta-Wasatch-Cache National Forest; Evanston-Mountain View Ranger District; Utah; Smiths Fork Vegetation Restoration Project; Correction, 34337-34338 2012-14057 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34400-34401 2012-14069 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34390-34391 2012-14001 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Public Housing Assessment System: Capital Fund Interim Scoring, 34399-34400 2012-14143 Industry Industry and Security Bureau NOTICES Orders Denying Export Privileges: Chitron Electronics, Inc. et al., 34340-34342 2012-14109 Yufeng Wei, aka Annie Wei, 34339-34340 2012-14091 Zhen Shou Wu, aka Alex Wu, 34342-34343 2012-14090 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34459-34461 2012-14006 2012-14008 2012-14010 2012-14011 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Schedule C-EZ, 34462 2012-14012 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Circular Welded Non-Alloy Steel Pipe from Republic of Korea, 34344-34346 2012-14147 Fresh Garlic from People's Republic of China, 34346-34349 2012-14152 Honey from People's Republic of China, 34343-34344 2012-14142 International Trade Com International Trade Commission NOTICES Investigations: Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same; Termination, 34407-34408 2012-14063 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings: Advisory Committee, 34408-34409 2012-14004 Justice Department Justice Department See Foreign Claims Settlement Commission Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Inquiries to State Agency Contacts, 34409-34410 2012-14058 Prohibited Transaction Exemption 90-1, Insurance Company Pooled Separate Accounts, 34410 2012-14085 Land Land Management Bureau NOTICES Filings of Plats of Surveys: California, 34401 2012-14122 Montana, 34401-34402 2012-14041 2012-14044 2012-14080 Final Land Use Analyses and Environmental Impact Statements; Availability, etc.: East Lynn Lake Coal Lease by Applications WVES-50556 and WVES-50560, Wayne County, WV, 34402-34404 2012-14180 National Archives National Archives and Records Administration NOTICES Meetings: National Industrial Security Program Policy Advisory Committee, 34411 2012-14007 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance to Conduct Voluntary Customer/Partner Surveys, 34391-34392 2012-14140 Government-Owned Inventions; Availability for Licensing, 34392-34393 2012-14038 Meetings: Center for Scientific Review, 34395 2012-14113 2012-14125 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 34393-34395 2012-14117 2012-14139 National Cancer Institute; Cancellation, 34396 2012-14128 National Institute of Diabetes and Digestive and Kidney Diseases, 34395-34396 2012-14120 2012-14123 National Institute on Aging, 34394, 34396 2012-14118 2012-14144 National Labor National Labor Relations Board NOTICES Meetings; Sunshine Act, 34411 2012-14236 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Fishery off Southern Atlantic States; Amendment 24, 34254-34260 2012-14137 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Ocean Perch in Western Aleutian District of Bering Sea and Aleutian Islands Management Area; Closure, 34262 2012-14111 Western Pacific Pelagic Fisheries: Modification of American Samoa Large Vessel Prohibited Area, 34260-34262 2012-14146 PROPOSED RULES Western Pacific Pelagic Fisheries: Revised Limits on Sea Turtle Interactions in Hawaii Shallow-set Longline Fishery, 34334-34336 2012-14136 Revised Swordfish Trip Limits in Hawaii Deep-set Longline Fishery, 34331-34333 2012-14145 NOTICES Applications: Endangered Species; File No. 16803, 34349 2012-14175 Endangered and Threatened Species: Take of Anadromous Fish, 34349-34350 2012-14155 Meetings: November 2010 Biological Opinion on Effects of Alaska Groundfish Fisheries on Steller Sea Lions and Other Endangered Species, 34350-34352 2012-14151 Permits: Marine Mammals; File No. 17178, 34352 2012-14133 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 34404-34405 2012-14029 National Resources Natural Resources Conservation Service RULES Appeal Procedures, 34186-34194 2012-14098 Nuclear Regulatory Nuclear Regulatory Commission RULES Advance Notification to Native American Tribes of Transportation of Certain Types of Nuclear Waste, 34194-34206 2012-14082 NOTICES Branch Technical Positions: Concentration Averaging and Encapsulation, 34411-34414 2012-14084 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Documents Prepared for Oil, Gas, and Mineral Operations by Gulf of Mexico Outer Continental Shelf Region, 34405-34407 2012-14092 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annuitant's Report of Earned Income, 34414 2012-14134 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety: Mechanical Fitting Failure Reports, 34457-34458 2012-14089 Requests for Special Permits, 34458-34459 2012-14088 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34414-34416 2012-14026 2012-14027 2012-14030 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 34434-34436 2012-14072 BATS Y-Exchange, Inc., 34431-34433 2012-14073 BOX Options Exchange LLC, 34438-34441 2012-14070 C2 Options Exchange, Inc., 34429-34431, 34441-34442 2012-14033 2012-14074 Chicago Board Options Exchange, Inc., 34417-34420 2012-14075 Chicago Stock Exchange, Inc., 34422-34424 2012-14078 Depository Trust Co., 34416-34417 2012-14032 EDGA Exchange, Inc., 34424-34426 2012-14077 EDGX Exchange, Inc., 34427-34429 2012-14076 International Securities Exchange, LLC, 34436-34438 2012-14071 NASDAQ OMX PHLX LLC, 34420-34421 2012-14079 NASDAQ Stock Market LLC, 34453-34455 2012-14060 National Stock Exchange, Inc., 34448-34450 2012-14065 New York Stock Exchange LLC, 34450-34453 2012-14064 NYSE Arca, Inc., 34445-34448 2012-14066 NYSE MKT LLC, 34442-34445 2012-14067 Suspension of Trading Orders: Aegis Assessments, Inc., APC Group, Inc., Aurelio Resource Corp., et al., 34455 2012-14235 Special Inspector Special Inspector General for Afghanistan Reconstruction RULES Freedom of Information Act and Privacy Act Procedures, 34179-34186 2012-14135 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Century of the Child, Growing by Design 1900-2000, 34455 2012-14129 Susquehanna Susquehanna River Basin Commission NOTICES Projects Approved for Consumptive Uses of Water, 34455-34456 2012-13999 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Replacement Naturalization/Citizenship Document, 34398-34399 2012-14028 Veteran Affairs Veterans Affairs Department RULES Clothing Allowance: Correction, 34218 2012-14108 Western Western Area Power Administration NOTICES Proposed Transmission Service Rates: Pacific Northwest-Pacific Southwest Intertie Project; Rate Order No. WAPA-157, 34381-34382 2012-14110 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 34464-34775 2012-11484 Part III Environmental Protection Agency, 34778-34780 2012-14099 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. 77 112 Monday, June 11, 2012 Rules and Regulations SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION 5 CFR Chapter LXXXIII 5 Part 9301 RIN 3460-AA00 Freedom of Information Act and Privacy Act Procedures AGENCY: Special Inspector General for Afghanistan Reconstruction. ACTION: Final rule. SUMMARY: The Special Inspector General for Afghanistan Reconstruction is issuing a final rule, revising its regulations establishing procedures for the public to obtain information from the Special Inspector General for Afghanistan Reconstruction under the Freedom of Information Act

(FOIA)and the Privacy Act of 1974. These procedures will facilitate public interaction with SIGAR. DATES: This final rule is effective June 11, 2012. FOR FURTHER INFORMATION CONTACT: Kate Gastner, Public Information Manager, at

(703)545-5993, email: *mary.k.gastner.civ@mail.mil* . SUPPLEMENTARY INFORMATION: I. Background On January 28, 2008, the President signed into law the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), which created the Special Inspector General for Afghanistan Reconstruction (SIGAR). In order to establish procedures to facilitate public interaction with SIGAR, the agency is issuing final regulations under the FOIA and the Privacy Act. II. The Final Rule This final rule establishes procedures for SIGAR necessary to implement the FOIA (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a). The provisions of this subpart shall apply to all components of SIGAR. The FOIA provides for the disclosure of agency records and information to the public, unless that information is exempted under delineated statutory exemptions under the FOIA. The Privacy Act serves to safeguard public interest in informational privacy by delineating the duties and responsibilities of federal agencies that collect, store, and disseminate personal information about individuals. The procedures established here are intended to ensure that SIGAR fully satisfies its responsibility to the public to disclose agency information while simultaneously safeguarding individual privacy. The Privacy Act serves to balance the Government's need to maintain information about individuals with the rights of individuals to be protected against unwarranted invasions of their privacy stemming from federal agencies' collection, maintenance, use, and disclosure of personal information about them. Agencies are required to issue regulations outlining the agency's rules and procedures for implementation of the Privacy Act and its provisions within the agency. This includes procedures on how individuals may request access to information about themselves, request amendment or correction of those records, and request an accounting of disclosures of their records by SIGAR. III. Procedural Requirements These regulations establish procedures under the FOIA and the Privacy Act to facilitate the interaction of the public with SIGAR. SIGAR's policy of disclosure follows the Presidential Memorandum of January 21, 2009, “Transparency and Openness,” 74 FR 4685, and the Attorney General's March 19, 2009 FOIA policy guidance, advising Federal agencies to apply a presumption of disclosure in FOIA decision making. This Final Rule parallels the procedures currently used by other agencies to implement the FOIA and the Privacy Act. SIGAR has determined that good cause exists to publish these regulations as a final rule. These rules establish procedures to facilitate SIGAR's interactions with the public and the public's right to gain access to information about SIGAR and about themselves that SIGAR maintains. The absence of Privacy Act regulations could impair the confidentiality and privacy rights of those who submit sensitive information to SIGAR as well as the ability of SIGAR to use that information to carry out its statutory mission. SIGAR has determined that this rule should be issued without a delayed effective date pursuant to 5 U.S.C. 553(d)(3). Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. Chapter 6) do not apply. It has been determined that this rulemaking is not a significant regulatory action for the purposes of Executive Order 12866. Accordingly, a regulatory impact analysis is not required. Analysis of Public Comments and Final Rule SIGAR received two comment letters in response to the Interim final rule for SIGAR's FOIA and Privacy Act Regulations (77 FR 15555, March 16, 2012), one from the federal FOIA ombudsman, and one from a nonprofit research and advocacy organization. The commenters raised several issues regarding the interim final rule, generally seeking clarification of procedures and the expansion of online disclosures. Regarding section 9301.1, the federal FOIA ombudsman requested SIGAR add language clarifying the intersection between FOIA and the Privacy Act. SIGAR believes this clarification is useful to the public and SIGAR will adopt the suggested language proposed by the ombudsman. Regarding section 9301.4, the federal FOIA ombudsman requested SIGAR clarify language regarding types of information withheld in response to a FOIA request, suggesting SIGAR provide a description of its records rather than track the statutory language of the FOIA exemptions. SIGAR will eliminate the sentence describing types of information withheld to eliminate confusion. Regarding Attorney General Holder's FOIA Memorandum, SIGAR's regulations reflect the essence of the memo to make discretionary releases under FOIA. SIGAR is mindful of its obligation under the memorandum. Regarding section 9301.6(b), the federal FOIA ombudsman suggested that the FOIA does not require requesters to indicate that his or her request is a “FOIA Request” or a “Request for Records.” SIGAR agrees this is not included in the statue, however indicating the type of request, but labeling the request “FOIA request,” moves the request through SIGAR's mail system expeditiously. Moreover, the use of “should” indicates that the language is directory, not mandatory. Accordingly, SIGAR does not concur with the comments for subsection (b). Regarding section 9301.6(c)(i), the federal FOIA ombudsman requested SIGAR clarifying that when SIGAR grants a request and provides appeal rights, the requester may appeal the adequacy of the search. SIGAR will add the language “to grant the request, either in-full or in-part” to clarify. Regarding section 9301.6(c)(ii), the federal FOIA ombudsman requested SIGAR provide the requester with a brief description of the information SIGAR is withholding if it is possible without revealing exempt information. They also suggest SIGAR specifically address the new requirements in 5 U.S.C. 552

(b)that agencies shall

(1)indicate, if technically feasible, the amount of information deleted and the exemption under which the deletion is made at the place in the record where the deletion is made, and

(2)indicate the exemption under which a deletion is made on the released portion of the record, unless including that indication would harm an interest protected by the exemption. SIGAR agrees with the recommendation and will include the language in this section a requirement for providing brief description of withheld information when possible. SIGAR will also include the language above in subsection c(ii). They also suggest SIGAR includes that in its acknowledgment letters, SIGAR will provide an individualized tracking number and an estimated date of completion. That suggestion is accordance with FOIA, 5 U.S.C. 552(a)(7)(A) and (B)(ii). They also suggest including a brief description of the subject of the request in the acknowledgment letter. This would help requesters as well as the agency keep track of multiple pending requests. SIGAR agrees with this comment and will add language regarding tracking numbers, estimated dates of completion, and descriptions of records to 9301.6c. They also suggest adding a new subpart to this section to address SIGAR's referral and consultation procedures. In regard to referrals, SIGAR include in its procedures that it will notify requesters in writing of a referral, including the name of the agency to which the request has been referred and the part of the request that has been referred, and provide the requester with a point of contact within the receiving agency to whom the requester can speak regarding the referral. SIGAR will add a new subsection c(iii) to address SIGAR's referral and consultation procedures. Regarding section 9301.6(d)(1), the federal FOIA ombudsman requested that SIGAR use the word “should” instead of “shall” in the last sentence of this section. SIGAR agrees with the suggested change. Regarding section 9301.6(d)(2), the federal FOIA ombudsman requested SIGAR revise the first sentence of this section by deleting the word “ordinarily.” SIGAR agrees and will remove. They also suggests that SIGAR add a new subpart to this section to include language in accordance with the 2007 amendments to FOIA (5 U.S.C. 552 (h)(3)) that SIGAR will work with the Office of Government Information Services

(OGIS)to resolve disputes between FOIA requesters and SIGAR as a non-exclusive alternative to litigation. OGIS suggests that SIGAR, in its final appeal determinations, alert FOIA requesters to OGIS's services, as recommended by the Department of Justice's Office of Information Policy. Specifically, they suggest the following language: A response to an appeal will advise the requester that the 2007 FOIA amendments created the Office of Government Information Services

(OGIS)to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. A requester may contact OGIS in any of the following ways: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740, Email: *ogis@nara.gov* , Telephone: 202-741-5770, Facsimile: 202-741-5769, Toll-free: 1-877-684-6448. The nonprofit research and advocacy organization also requested that SIGAR's regulations include notifying requests of the services offered by the Office of Government Information Services (OGIS, including mediation as an alternative to litigation. SIGAR agrees with the suggested section and proposed language. SIGAR will amend its regulations and add subpart 9301.6c(3) for Mediation. Regarding section 9301.7, the federal FOIA ombudsman requested adding several terms, including fee category and fee waiver, to the list of definitions. Fee category means one of the three categories that agencies place requesters in for the purpose of determining whether a requester will be charged fees for search, review and duplication. Fee waiver means the waiver or reduction of processing fees if a requester can demonstrate that certain statutory standards are satisfied. SIGAR agrees with the suggested additions. Regarding section 9301.8, the federal FOIA ombudsman requested SIGAR rework the language to reflect statutory language found in 5 U.S.C. 552(a)(6)(A)(I) to describe the tolling process for agencies. SIGAR will remove the unclear language, but the intent of the language in this section was not to incorporate 5 U.S.C. 552 (a)(6)(A)(ii)(I). They also suggested SIGAR provide requesters with an estimated amount of fees, including a breakdown of the fees for search, review and/or duplication. SIGAR will add language reflecting the concerns above. Regarding section 9301.10, the federal FOIA ombudsman requested SIGAR insert a time frame associated with deciding if multiple requests should be aggregated. SIGAR will include language regarding time frames. Regarding section 9301.11, the federal FOIA ombudsman requested SIGAR add a new subpart to this section to include the waiver of fees generally “as a matter of administrative discretion.” SIGAR will include the language suggested. The nonprofit research and advocacy organization requested that SIGAR adopt a policy to

(a)proactively disclose information to the greatest extent possible and

(b)post online responses to all FOIA requests, excluding those made jointly under the Privacy Act. SIGAR agrees and will add language to 9301.4 to include proactive disclosure. SIGAR is currently researching how the agency can implement more online posting of FOIA responses. List of Subjects in 5 CFR Part 9301 Administrative practice and procedure, Freedom of information, Privacy. Accordingly, the interim rule amending 5 CFR Chapter LXXXIII part 9301 which was published at 77 FR 15555 on March 16, 2012, is adopted as a final rule with the following change: TITLE 5—ADMINISTRATIVE PERSONNEL CHAPTER LXXXIII—SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION 1. Part 9301 is revised to read as follows: PART 9301—DISCLOSURE OF RECORDS AND INFORMATION Sec. Subpart A—Freedom of Information Act Production or Disclosure of Materials or Information 9301.1 In general. 9301.2 Authority and functions. 9301.3 Organization. 9301.4 Availability of records. 9301.5 Accessing records without request. 9301.6 Requesting records. 9301.7 Definitions. 9301.8 Fees in general. 9301.9 Fees for categories of requesters. 9301.10 Other charges. 9301.11 Payment and waiver. Subpart B—Privacy Act 9301.12 Purpose and scope. 9301.13 Rules for determining if an individual is the subject of a record. 9301.14 Requests for access. 9301.15 Access to the accounting of disclosures from records. 9301.16 Requests for copies of records. 9301.17 Requests to amend records. 9301.18 Request for review. 9301.19 Schedule of fees. Subpart A—Freedom of Information Act Authority: 5 U.S.C. 552; Pub. L. No. 110-175, 121 Stat. 2524 (2007); 5 U.S.C. 301 and 552; Exec. Order 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; Exec. Order No. 13392, 70 FR 75373-75377, 3 CFR, 2006 Comp., pp. 216-200. Procedures for Disclosure of Records Under the Freedom of Information Act § 9301.1 In general. This information is furnished for the guidance of the public and in compliance with the requirements of the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended. This subpart should be read in conjunction with the FOIA. § 9301.2 Authority and functions. Section 1229 of the National Defense Authorization Act for Fiscal Year 2008, Public Law 110-181, established the Special Inspector General for Afghanistan Reconstruction (SIGAR). SIGAR's mission under Sections 1229 and 842 of Public Law 110-181, is to provide independent oversight of the treatment, handling, and expenditure of funds appropriated or otherwise made available for the reconstruction of Afghanistan; detect and deter fraud, waste, and abuse of U.S. funds; and promote actions to increase program economy, efficiency, and effectiveness. § 9301.3 Organization. SIGAR maintains its headquarters in Arlington, Virginia, and field offices in Kabul and elsewhere in Afghanistan. Procedures § 9301.4 Availability of records. SIGAR's publicly accessible records are available through SIGAR's Electronic Reading Room on its Web site. SIGAR also provides records to individual requesters in response to FOIA requests. SIGAR generally withholds predecisional, deliberative documents, investigatory materials and sensitive policy documents under 5 U.S.C. 552(b). § 9301.5 Accessing records without request. Certain SIGAR records, including the agency's Quarterly Report, audit reports, testimony, oversight plans, press releases and other public issuances, are available electronically from SIGAR's homepage at *http://www.sigar.mil* . SIGAR encourages requesters to visit its Web site before making a request for records under § 9301.6. § 9301.6 Requesting records.

(a)*Written requests required.* For records not available as described under § 9301.5, requesters wishing to obtain information from SIGAR should submit a written request to SIGAR's FOIA Officer. Requests should be addressed to FOIA Officer, Office of the Special Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, Arlington, VA 22202. As there may be delays in mail delivery, it is advisable to send the request via facsimile to

(703)601-3804 or by email to *sigar.pentagon.gen-coun.mbx.foia@mail.mil.*

(b)*Contents of requests.* Requests should be as specific as possible and should reasonably specify the records sought so that the records can be located with a reasonable amount of effort. The request should identify the desired record or describe it, and include information such as the date, title or name, author, recipient, and subject matter of the record, where possible. The request should also include a statement of the requester's willingness to pay fees, or request a fee waiver. The words “FOIA REQUEST” or “REQUEST FOR RECORDS” should be clearly marked on the cover letter, letter, and/or envelope.

(c)*Response to requests* —(1) *Processing.* The FOIA Officer shall determine within 20 days (except Saturdays, Sundays, and federal holidays) after receiving a request for records, whether it is appropriate to grant or deny the request. The 20-day period may be tolled once if the FOIA Officer requests information from the requestor or if additional time is necessary to clarify issues with the requestor regarding a fee assessment.

(i)*Request granted.* If the FOIA Officer decides to grant the request, the FOIA Officer shall promptly provide the requester written notice of the decision. The FOIA Officer shall include with the notice both the requested records and a copy of the decision. The notice shall also describe the procedure for filing an appeal.

(ii)*Request denied.* If the FOIA Officer denies the request, in full or part, the FOIA Officer shall provide the requester written notice of the denial together with the approximate number of pages of information withheld and the exemption under which the information was withheld. The notice shall also describe the procedure for filing an appeal. (2)(i) *Expedited processing* . At the time a requester submits an initial request for records the requester may ask the FOIA Officer in writing to expedite processing of the request. The request for expedited processing must be accompanied by a written statement, which shall state that it is true and correct to the best of the requester's knowledge and belief, explaining why expedited processing is warranted. The FOIA Officer shall generally grant requests for expedited processing of requests for records, and appeals of denials under paragraph (d)(2) of this section, whenever the FOIA Officer determines that:

(A)Failure to obtain the requested records on an expedited basis could reasonably pose a threat to a person's life or physical safety; or

(B)With respect to a request made by a person primarily engaged in disseminating information, there is an urgency to inform the public about Government activity that is the specific subject of the FOIA request.

(ii)The FOIA Officer shall ordinarily decide within ten calendar days after receiving a request for expedited processing whether to grant it and shall notify the requester of the decision. If the FOIA Officer grants a request for expedited processing, the FOIA Officer shall process the request as soon as practicable. If the FOIA Officer denies a request for expedited processing, SIGAR shall act expeditiously on any appeal of that denial.

(3)Extension for unusual circumstances—(i) In general. If the FOIA Officer determines that unusual circumstances exist, the FOIA Officer may extend for no more than ten days (except Saturdays, Sundays and Federal holidays) the time limits described in paragraph (c)(1) of this section by providing written notice of the extension to the requester. The FOIA Officer shall include with the notice a brief statement of the reason for the extension and the date the FOIA Officer expects to make the determination.

(ii)*Additional procedures.* The FOIA Officer shall provide written notice to the requester if the FOIA Officer decides that the determination cannot be made within the time limit described in paragraph (c)(3)(i) of this section. The notice shall afford the requester an opportunity to limit the scope of the request to the extent necessary for the FOIA Officer to process it within that time limit or an opportunity to arrange a longer period for processing the request.

(d)*Appeals* —(1) *Initiating appeals.* Requesters not satisfied with the FOIA Officer's written decision may request SIGAR's FOIA Appellate Authority to review the decision. Appeals must be delivered in writing within 60 days of the date of the decision and shall be addressed to the FOIA Appellate Authority, Office of Privacy, Records & Disclosure, Special Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, Arlington, VA 22202. As there may be delays in mail delivery, it is advisable to FAX appeals to

(703)601-3804 or email to *sigar.pentagon.gen-coun.mbx.foia@mail.mil* . An appeal shall include a statement specifying the records that are the subject of the appeal and explaining why the Appellate Authority should grant the appeal.

(2)*Appeal decisions.* The Appellate Authority shall ordinarily decide the appeal within 20 days (except Saturdays, Sundays and federal holidays) from the date it receives the appeal. If the Appellate Authority denies the appeal in full or part, the Appellate Authority shall promptly notify the requester in writing of the Appellate Authority's decision and the provisions for judicial review. If the Appellate Authority grants the appeal, the FOIA Officer shall notify the requester in writing and shall make available to the requester copies of the releasable records once the requester pays any fees that SIGAR assesses under §§ 9301.8 through 9301.10. Costs § 9301.7 Definitions. For purposes of this subpart:

(a)*Commercial use request* means a request from or on behalf of a person who seeks information for a use or purpose that furthers the requester's or other person's commercial, trade, or profit interests.

(b)*Direct costs* means those costs incurred in searching for and duplicating (and, in the case of commercial use requests, reviewing) documents to respond to a FOIA request. Direct costs include, for example, salaries of employees who perform the work and costs of conducting large-scale computer searches.

(c)*Duplicate* means to copy records to respond to a FOIA request. Copies can take the form of paper, audio-visual materials, or electronic records, among others.

(d)*Educational institution* means a preschool, a public or private elementary or secondary school, an institution of graduate higher education, an institution of undergraduate higher education, an institution of professional education, and an institution of vocational education, that operates a program or programs of scholarly research.

(e)*Non-commercial scientific institution* means an institution that is not operated on a commercial basis and that operates solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry.

(f)*Representative of the news media* means any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience.

(g)*Review* means to examine a record to determine whether any portion of the record may be withheld and to process a record for disclosure, including by redacting it.

(h)*Search for* means look for and retrieve records covered by a FOIA request, including by looking page-by-page or line-by-line to identify responsive material within individual records. § 9301.8 Fees in general. SIGAR shall charge reasonable fees that recoup the full allowable direct costs it incurs in responding to FOIA requests. SIGAR may assess charges for time spent searching for records even if SIGAR is unable to locate the records or if the records are located and determined to be exempt from disclosure. In general, SIGAR shall apply the following fee schedule, subject to §§ 9301.9 through 9301.11:

(a)*Manual searches.* Time devoted to manual searches shall be charged on the basis of the salary of the employee(s) conducting the search (basic hourly rate(s) of pay for the employee).

(b)*Electronic searches.* Fees shall reflect the direct cost of conducting the search. This will include the cost of operating the central processing unit for that portion of operating time that is directly attributable to searching for and printing records responsive to the FOIA request and operator/programmer salary attributable to the search.

(c)*Record reviews.* Time devoted to reviewing records shall be charged on the same basis as under paragraph

(a)of this section, but shall only be applicable to the initial review of records located in response to commercial use requests.

(d)*Duplication.* Fees for copying paper records or for printing electronic records shall be assessed at a rate of $.10 per page. For other types of copies such as disks or audio visual tapes, SIGAR shall charge the direct cost of producing the document(s). If duplication charges are expected to exceed $25, the FOIA Officer shall notify the requester, unless the requester has indicated in advance a willingness to pay fees as high as those anticipated. If a requester wishes to limit costs, the FOIA Officer shall provide the requester an opportunity to reformulate the request in order to reduce costs. If the requester reformulates a request, it shall be considered a new request and the 20-day period described in § 9301.6(c)(1) shall be deemed to begin when the FOIA Officer receives the revised request.

(e)*Advance payments required.*

(1)The FOIA Officer may require a requester to make an advance deposit of up to the amount of the entire anticipated fee before the FOIA Officer begins to process the request if:

(i)The FOIA Officer estimates that the fee will exceed $250; or

(2)The requester has previously failed to pay a fee in a timely fashion.

(ii)When the FOIA Officer requires a requester to make an advance payment, the 20-day period described in § 9301.6(c)(1) shall begin when the FOIA Officer receives the payment.

(f)*No assessment of fee.* SIGAR shall not charge a fee to any requester if:

(1)The cost of collecting the fee would be equal to or greater than the fee itself; or

(2)SIGAR fails to comply with any time limit under the FOIA for responding to a request for records where no unusual or exceptional circumstances apply. § 9301.9 Fees for categories of requesters. SIGAR shall assess fees for certain categories of requesters as follows:

(a)*Commercial use requesters.* In responding to commercial use requests, SIGAR shall assess fees that recover the full direct costs of searching for, reviewing and duplicating records.

(b)*Educational institutions.* SIGAR shall provide records to requesters in this category for the cost of duplication alone, excluding charges for the first 100 pages. To qualify for inclusion in this fee category, a requester must show that the request is authorized by and is made under the auspices of a qualifying institution and that the records are sought to further scholarly research, not an individual goal.

(c)*Representatives of the news media.* SIGAR shall provide records to requesters in this category for the cost of duplication alone, excluding charges for the first 100 pages.

(d)*All other requesters.* SIGAR shall charge requesters who do not fall within paragraphs

(a)through

(c)of this section fees that recover the full direct cost of searching for and duplicating records, excluding charges for the first 100 pages of reproduction and the first two hours of search time. § 9301.10 Other charges. SIGAR may apply other charges, including the following:

(a)*Special charges.* SIGAR shall recover the full cost of providing special services, such as sending records by an overnight delivery service, to the extent that SIGAR elects to provide them.

(b)*Interest charges.* SIGAR may begin assessing interest charges on an unpaid bill starting on the 31st day following the day on which the FOIA Officer sent the billing. Interest shall be charged at the rate prescribed in 31 U.S.C. 3717 and will accrue from the date of billing.

(c)*Aggregating requests.* When the FOIA Officer reasonably believes that a requester or a group of requesters acting in concert is attempting to divide a request into a series of requests for the purpose of avoiding fees, the FOIA Officer shall aggregate those requests and charge accordingly. § 9301.11 Payment and waiver.

(a)*Remittances.* Payment shall be made in the form of check or money order made payable to the Treasury of the United States. At the time the FOIA Officer notifies a requestor of the applicable fees, the Officer shall inform the requestor of where to send the payment.

(b)*Waiver.* SIGAR may waive all or part of any fee provided for in §§ 9301.8 through 9301.9 when the FOIA Officer deems that disclosure of the information is in the general public's interest because it is likely to contribute significantly to public understanding of the operations or activities of the Government and is not primarily in the commercial interest of the requester. Requesters may request a waiver in their initial FOIA request letter. Requests for a fee waiver should explain how the information requested contributes to the public's understanding of the operations or activities of the government. In determining whether a fee should be waived, the FOIA Officer may consider whether:

(1)The subject matter specifically concerns identifiable operations or activities of the government;

(2)The information is already in the public domain;

(3)Disclosure of the information would contribute to the understanding of the public-at-large as opposed to a narrow segment of the population;

(4)Disclosure of the information would significantly enhance the public's understanding of the subject matter;

(5)Disclosure of the information would further a commercial interest of the requester; and

(6)The public's interest is greater than any commercial interest of the requester. Subpart B—Privacy Act Authority: Privacy Act of 1974, Pub. L. No. 93-579, 88 Stat. 1896, codified at 5 U.S.C. 552a(f) (agency rules). § 9301.12 Purpose and scope. The purpose of this subpart is to provide certain safeguards for an individual against the invasion of his or her personal privacy by SIGAR. This subpart is promulgated pursuant to the requirements applicable to all federal agencies contained in 5 U.S.C. 552a(f). § 9301.13 Rules for determining if an individual is the subject of a record.

(a)Individuals desiring to know if a specific system of records maintained by SIGAR contains a record pertaining to them should address their inquiries to the Privacy Officer, Special Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, Arlington, VA 22202. As there may be delays in mail delivery, it is advisable to send the request via facsimile to

(703)601-3804 or by email to *sigar.pentagon.gen-coun.mbx.privacy@mail.mil.* The written inquiry should contain a specific reference to the system of records maintained by the SIGAR listed in the SIGAR Notice of Systems of Records, or it should describe the type of record in sufficient detail reasonably to identify the system of records. Notice of SIGAR systems of records subject to the Privacy Act will be published in the **Federal Register** , posted on the SIGAR public facing Web site, and copies of the notices will be available upon request to the Privacy Officer when so published. A compilation of such notices will also be made and published by the Office of the Federal Register, in accordance with 5 U.S.C. 552a(f).

(b)At a minimum, the request should contain sufficient identifying information to allow SIGAR to determine if there is a record pertaining to the individual making the request in a particular system of records. In instances when the requester's identification is insufficient to ensure disclosure to the individual to whom the information pertains in view of the sensitivity of the information, SIGAR reserves the right to solicit from the person requesting access to a record additional identifying information.

(c)Ordinarily the person requesting will be informed whether the named system of records contains a record pertaining to such person within 10 days of such a request (excluding Saturdays, Sundays and legal Federal holidays). Such a response will also contain or reference the procedures which must be followed by the individual making the request in order to gain access to the record.

(d)Whenever a response cannot be made within the 10 days, the Privacy Officer will inform the person making the request the reasons for the delay and the date on which a response may be anticipated. § 9301.14 Requests for access.

(a)*Requirement for written requests.* An individual desiring to gain access to a record pertaining to him or her in a system of records maintained by SIGAR must submit his or her request in writing in accordance with the procedures set forth in paragraph

(b)of this section. Individuals employed by the SIGAR may make their requests on a regularly scheduled workday (Monday through Friday, excluding legal Federal holidays) between the hours of 9:00 a.m. and 5:30 p.m. Such requests for access by individuals employed by SIGAR need not be made in writing.

(b)*Procedures—*

(1)*Content of the request.* The request for access to a record in a system of records shall be addressed to the Privacy Officer at the address cited above, and shall name the system of records or contain a concise description of such system of records. The request should state that the request is pursuant to the Privacy Act of 1974. In the absence of such a statement, if the request is for a record pertaining to the person requesting access which is maintained by SIGAR in a system of records, the request will be considered under both the Privacy Act of 1974 and the Freedom of Information Act, depending on which would allow greater access to the records requested. The request should contain necessary information to verify the identity of the person requesting access (see paragraph (b)(2)(vi) of this section). In addition, such person should include any other information which may assist in the rapid identification of the record for which access is being requested (e.g., maiden name, dates of employment, etc.) as well as any other identifying information contained in and required by the SIGAR Notice of Systems of Records.

(i)If the request for access follows a prior request under § 9301.1, the same identifying information need not be included in the request for access if a reference is made to that prior correspondence or a copy of the SIGAR response to that request is attached. If the individual specifically desires a copy of the record, the request should so specify under § 9301.4.

(ii)[Reserved]

(2)*SIGAR action on request.* A request for access will ordinarily be answered within 10 days, except when the Privacy Officer determines otherwise, in which case the person making the request will be informed of the reasons for the delay and an estimated date by which the request will be answered. When the request can be answered within 10 days, it shall include the following:

(i)A statement that there is a record as requested or a statement that there is not a record in the systems of records maintained by SIGAR;

(ii)A statement as to whether access will be granted only by providing a copy of the record through the mail; or the address of the location and the date and time at which the record may be examined. In the event the person requesting access is unable to meet the specified date and time, alternative arrangements may be made with the Privacy Officer;

(iii)A statement, when appropriate, that examination in person will be the sole means of granting access only when the Privacy Officer has determined that it would not unduly impede the right of access of the person making the request.

(iv)The amount of fees charged, if any (see §§ 9301.6 and 9301.7). (Fees are applicable only to requests for copies);

(v)The name, title, and telephone number of the SIGAR official having operational control over the record; and

(vi)The documentation required by SIGAR to verify the identity of the person making the request. At a minimum, SIGAR verification standards include the following:

(A)*Current or former SIGAR Employees.* Current or former SIGAR employees requesting access to a record pertaining to them in a system of records maintained by SIGAR may, in addition to the other requirements of this section, and at the sole discretion of the official having operational control over the record, have his or her identity verified by visual observation. If the current or former SIGAR employee cannot be so identified by the official having operational control over the records, identification documentation will be required. The employee's common access card, annuitant identification, driver licenses, or the “employee copy” of any official personnel document in the record are examples of acceptable identification validation.

(B)*Other than current or former SIGAR employees.* Individuals other than current or former SIGAR employees requesting access to a record pertaining to them in a system of records maintained by SIGAR must produce identification documentation of the type described in paragraph (b)(2)(vi)(A) of this section, prior to being granted access. The extent of the identification documentation required will depend on the type of record for which access is requested. In most cases, identification verification will be accomplished by the presentation of two forms of identification. Any additional requirements will be specified in the system of records notices published by SIGAR pursuant to 5 U.S.C. 552a(e)(4).

(C)*Access granted by mail.* For records to be made accessible by mail, the Privacy Officer shall, to the extent possible, establish identity by a comparison of signatures in situations where the data in the record is not so sensitive that unauthorized access could cause harm or embarrassment to the individual to whom they pertain. No identification documentation will be required for the disclosure to a person making a request of information under the FOIA, 5 U.S.C. 552. When, in the opinion of the Privacy Officer the granting of access through the mail could reasonably be expected to result in harm or embarrassment if disclosed to a person other than the individual to whom the record pertains, a notarized statement of identity or some similar assurance of identity will be required.

(D)*Unavailability of identification documentation.* If an individual is unable to produce adequate identification documentation the individual will be required to sign a statement asserting identity and acknowledging that knowingly or willfully seeking or obtaining access to records about another person under false pretenses may result in a fine of up to $5,000. In addition, depending upon the sensitivity of the records to which access is sought, the official having operational control over the records may require such further reasonable assurances as may be considered appropriate; e.g., statements of other individuals who can attest to the identity of the person making the request.

(E)*Access by the parent of a minor, or by a legal guardian.* A parent of a minor, upon presenting suitable personal identification, may act on behalf of the minor to gain access to any record pertaining to the minor maintained by SIGAR in a system of records. A legal guardian may similarly act on behalf of an individual declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, upon the presentation of the documents authorizing the legal guardian to so act, and upon suitable personal identification of the guardian.

(F)Granting access when accompanied by another individual. When an individual requesting access to his or her record in a system of records maintained by SIGAR wishes to be accompanied by another individual during the course of the examination of the record, the individual making the request shall submit to the official having operational control of the record, a signed statement authorizing that person access to the record.

(G)*Granting access to individuals other than the subject of the record.* SIGAR will not disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, pursuant to the Privacy Act of 1974.

(H)*Denial of access for inadequate identification documentation.* If the official having operation control over the records in a system of records maintained by SIGAR determines that an individual seeking access has not provided sufficient identification documentation to permit access, the official shall consult with the Privacy Officer prior to finally denying the individual access.

(vii)*Medical records.* The records in a system of records which are medical records shall be disclosed to the individual to whom they pertain in such manner and following such procedures as the Privacy Officer shall direct. When SIGAR in consultation with a physician, determines that the disclosure of medical information could have an adverse effect upon the individual to whom it pertains, SIGAR may transmit such information to a physician named by the individual.

(viii)*Exceptions.* Nothing in this section shall be construed to entitle an individual the right to access to any information compiled in reasonable anticipation of litigation. § 9301.15 Access to the accounting of disclosures from records. Rules governing the granting of access to the accounting of disclosures are the same as those for granting access to the records (including verification of identity) outlined in § 9301.14. § 9301.16 Requests for copies of records. Rules governing requests for copies of records are the same as those for the granting of access to the records (including verification of identity) outlined in § 9301.14. (See also § 9301.19 for rules regarding fees.) § 9301.17 Requests to amend records.

(a)*Requirement for written requests.* Individuals desiring to amend a record that pertains to them in a system of records maintained by SIGAR must submit their request in writing in accordance with the procedures set forth herein unless this requirement is waived by the official having responsibility for the system of records. Records not subject to the Privacy Act of 1974 will not be amended in accordance with these provisions. However, individuals who believe that such records are inaccurate may bring this to the attention of SIGAR.

(b)*Procedures.* (1)(i) The request to amend a record in a system of records shall be addressed to the Privacy Officer. Included in the request shall be the name of the system and a brief description of the record proposed for amendment. In the event the request to amend the record is the result of the individual's having gained access to the record in accordance with the provisions concerning access to records as set forth in this paragraph, copies of previous correspondence between the individual and SIGAR will serve in lieu of a separate description of the record.

(ii)When the individual's identity has been previously verified pursuant to § 9301.14(b)(2)(vi), further verification of identity is not required as long as the communication does not suggest that a need for verification has reappeared. If the individual's identity has not been previously verified, SIGAR may require identification validation as described in § 9301.14(b)(2)(vi). Individuals desiring assistance in the preparation of a request to amend a record should contact the Privacy Officer at the address cited above.

(iii)The exact portion of the record the individual seeks to have amended should be clearly indicated. If possible, the desired proposed alternative language should also be set forth, or at a minimum, the facts which the individual believes are not accurate, relevant, timely, or complete should be set forth with such particularity as to permit SIGAR to understand the basis for the request and to make an appropriate amendment to the record.

(iv)The request should also set forth the reasons why the individual believes his record is not accurate, relevant, timely, or complete. In order to avoid the retention by SIGAR of personal information merely to permit verification of records, the burden of persuading SIGAR to amend a record will be upon the individual. The individual must furnish sufficient facts or credible documentation to persuade the official in charge of the system of the inaccuracy, irrelevancy, untimeliness, or incompleteness of the record.

(2)*SIGAR action on the request.* To the extent possible, a decision upon a request to amend a record will be made within 10 days, excluding Saturdays, Sundays and legal Federal holidays. In the event a decision cannot be made within this time frame, the individual making the request will be informed within 10 days of the expected date for a decision. The decision upon a request for amendment will include the following:

(i)The decision of SIGAR whether to grant in whole, or deny any part of the request to amend the record.

(ii)The reasons for the determination for any portion of the request which is denied.

(iii)The name and address of the official with whom an appeal of the denial may be lodged.

(iv)The name and address of the official designated to assist, as necessary, and upon request of, the individual making the request in the preparation of the appeal.

(v)A description of the review of the appeal within SIGAR (see § 9301.18).

(vi)A description of any other procedures which may be required of the individual in order to process the appeal. § 9301.18 Request for review.

(a)Individuals wishing to request a review of the decision by SIGAR with regard to an initial request to amend a record in accordance with the provisions of § 9301.17, should submit the request for review in writing and, to the extent possible, include the information specified in § 9301.17(a). Individuals desiring assistance in the preparation of their request for review should contact the Privacy Officer at the address provided herein.

(b)The request for review should contain a brief description of the record involved or in lieu thereof, copies of the correspondence from SIGAR in which the request to amend was denied, and also should state the reasons why the individual believes that the disputed information should be amended. The request for review should make reference to the information furnished by the individual in support of his claim and the reasons, as required by § 9301.17, set forth by SIGAR in its decision denying the amendment. In order to avoid the unnecessary retention of personal information, SIGAR reserves the right to dispose of the material concerning the request to amend a record if no request for review in accordance with this section is received by SIGAR within 180 days of the mailing by SIGAR of its decision upon an initial request. A request for review received after the 180 day period may, at the discretion of the Privacy Officer, be treated as an initial request to amend a record.

(c)The request for review should be addressed to the Appellate Authority, Office of the Special Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, Arlington, VA 22202. As there may be delays in mail delivery, it is advisable to send the request via facsimile to

(703)601-3804 or by email to *sigar.pentagon.gen-coun.mbx.privacy@mail.mil.*

(d)Final determinations on requests for reviews within SIGAR will be made by the Appellate Authority. Additional information may be requested by the Appellate Authority from the person requesting a review if necessary to make a determination.

(e)The Appellate Authority will inform the person making the request in writing of the decision on the request for review within 30 days (excluding Saturdays, Sundays and legal Federal holidays) from the date of receipt by SIGAR of the individual's request for review, unless the Appellate Authority extends the 30 day period for good cause. The extension and the reasons therefore will be sent by SIGAR to the individual within the initial 30 day period. Included in the notice of a decision being reviewed, if the decision does not grant in full the request for review, will be a description of the steps the individual may take to obtain judicial review of such a decision, and a statement that the individual may file a concise statement with SIGAR setting forth the individual's reasons for his disagreement with the decision upon the request for review. The SIGAR Privacy Officer has the authority to determine the “conciseness” of the statement, taking into account the scope of the disagreement and the complexity of the issues. Upon the filing of a proper concise statement by the individual, any subsequent disclosure of the information in dispute will have the information in dispute clearly noted and a copy of the concise statement furnished, setting forth its reasons for not making the requested changes, if SIGAR chooses to file such a statement. A copy of the individual's statement, and if it chooses, SIGAR's statement, will be sent to any prior transferee of the disputed information who is listed on the accounting required by 5 U.S.C. 552a(c). § 9301.19 Schedule of fees.

(a)*Prohibitions against charging fees.* Individuals will not be charged for:

(1)The search and review of the record;

(2)Any copies of the record produced as a necessary part of the process of making the record available for access; or

(3)Any copies of the requested record when it has been determined that access can only be accomplished by providing a copy of the record through the mail.

(b)*Waiver.* The Privacy Officer may, at no charge, provide copies of a record if it is determined that the production of the copies is in the interest of the Government.

(c)*Fee schedule and method of payment.* Fees will be charged as provided below except as provided in paragraphs

(a)and

(b)of this section.

(1)Duplication of records. Records will be duplicated at a rate of $.10 per page for copying of 4 pages or more. There is no charge for copying fewer pages.

(2)Where it is anticipated that the fees chargeable under this section will amount to more than $25, the person making the request shall be notified of the amount of the anticipated fee or such portion thereof as can readily be estimated. In instances where the estimated fees will greatly exceed $25, an advance deposit may be required. The notice or request for an advance deposit shall extend an offer to the person requesting to consult with the Privacy Officer in order to reformulate the request in a manner which will reduce the fees, yet still meet the needs of individuals making the request.

(3)Fees must be paid in full prior to issuance of requested copies. In the event the person requesting is in arrears for previous requests copies will not be provided for any subsequent request until the arrears have been paid in full.

(4)Remittances shall be in the form either of a personal check or bank draft drawn on a bank in the United States, or a postal money order. Remittances shall be made payable to the order of the Treasury of the United States and mailed or delivered to the Privacy Officer, Office of the Special Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, Arlington, VA 22202.

(5)A receipt for fees paid will be given upon request. Dated: June 6, 2012. Steven J. Trent, Acting Inspector General, Special Inspector General for Afghanistan Reconstruction. [FR Doc. 2012-14135 Filed 6-8-12; 8:45 am]

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