Unknown. Final rule

3,897 words·~18 min read·/register/2014/11/14/2014-26933

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--- schema: federal-register doc_type: fedreg source_file: FR-2014-11-14.xml --- 79 220 Friday, November 14, 2014 Contents Administrative Administrative Conference of the United States NOTICES Meetings, 68209 2014-26982 Agriculture Agriculture Department See Forest Service See National Agricultural Statistics Service Air Force Air Force Department NOTICES Meetings: U.S. Air Force Academy Board of Visitors, 68224-68225 2014-26952 Antitrust Division Antitrust Division NOTICES Changes under National Cooperative Research and Production Act:

Open Platform For NVF Project, Inc., 68301-68302 2014-26942 Telemanagement Forum, 68302 2014-26941 Antitrust See Antitrust Division Army Army Department NOTICES Environmental Impact Assessments; Availability, etc.: Army 2020 Force Structure Realignment, 68225 2014-26724 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Board of Scientific Counselors, Office of Infectious Diseases, 68252 2014-26912 Subcommittee for Dose Reconstruction Reviews, Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health, 68252 2014-26913 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare and Medicaid Programs: Quarterly Listing of Program Issuances—July through September 2014, 68253-68270 2014-26989 Medicare Program: Prior Authorization of Repetitive Scheduled Nonemergent Ambulance Transports, 68271-68273 2014-26987 Civil Rights Civil Rights Commission NOTICES Meetings:

California Advisory Committee, 68211 2014-27002 Meetings; Sunshine Act, 68211-68212 2014-27063 Requests for Nominations: South Dakota Advisory Committee, 68212 2014-27007 Coast Guard Coast Guard RULES 2013 Liquid Chemical Categorization Updates, 68131-68132 2014-26920 Drawbridge Operations: Lake Washington Ship Canal, Seattle, WA, 68120-68121 2014-27008 Long Island, NY Inland Waterway from East Rockaway Inlet to Shinnecock Canal, Nassau, NY, 68121 2014-27011 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 68212-68213 2014-26997 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 68222 2014-26956 Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Records of Commodity Interest and Related Cash or Forward Transactions, 68140-68148 2014-26983 Residual Interest Deadline for Futures Commission Merchants, 68148-68151 2014-26978 NOTICES Meetings;

Sunshine Act, 68222 2014-27177 Defense Department Defense Department See Air Force Department See Army Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affidavit of Individual Surety, 68249-68250 2014-26936 Federal Acquisition Regulation; Place of Performance, 68250-68251 2014-26937 Privacy Training, 68248-68249 2014-26938 Meetings: National Defense University Board of Visitors, 68222-68223 2014-26939 Privacy Act;

Systems of Records, 68223-68224 2014-26970 Education Department Education Department NOTICES Meetings: President's Advisory Commission on Asian Americans and Pacific Islanders, 68227-68228 2014-26940 Employment and Training Employment and Training Administration NOTICES Federal-State Unemployment Compensation Program: Certifications for 2014 under the Federal Unemployment Tax Act, 68302-68303 2014-26958 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances:

Paraquat Dichloride, 68131 C1--2014--25592 PROPOSED RULES Certification of Pesticide Applicators Rule Revisions: Submission to the Secretary of Agriculture, 68152-68153 2014-26895 National Emission Standards for Hazardous Air Pollutants: Ferroalloys Production; Extension of Comment Period, 68152 2014-27009 Tolerance Crop Grouping Program IV, 68153-68172 2014-26661 NOTICES Applications: Pesticide Experimental Use Permit, 68237-68238 2014-26867 Certain New Chemicals; Receipt and Status Information, 68238-68242 2014-26903 Environmental Impact Statements;

Availability, etc.: Weekly Receipt, 68242 2014-27023 Federal Aviation Federal Aviation Administration RULES Airspace Designations: Incorporation by Reference Amendments, 68111-68113 2014-26861 Airworthiness Directives: Various Restricted Category Helicopters, 68108-68111 2014-26829 Special Conditions: Dassault Model Falcon 900EX Airplane; Electronic System-Security Protection from Unauthorized External Access, 68107-68108 2014-26819 PROPOSED RULES Special Conditions: CFM International, LEAP-1A and -1C Engine Models;

Incorporation of Woven Composite Fan Blades, 68137-68139 2014-27019 NOTICES Petitions for Exemption; Summaries, 68346 2014-26873 Federal Communications Federal Communications Commission RULES Text-to-911 and Other Next Generation 911 Applications: Framework for Next Generation 911 Deployment, 68132-68133 2014-26544 PROPOSED RULES Updating Competitive Bidding Rules: Expanding the Economic and Innovation Opportunities of Spectrum through Incentive Auctions; Implementation of the Commercial Spectrum Enhancement Act, 68172-68202 2014-26924 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 68242-68243 2014-26990 Federal Election Federal Election Commission PROPOSED RULES Rulemaking Petitions: Candidate Debates, 68137 2014-26935 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Dominion Transmission, Inc., 68228-68229 2014-26963 Combined Filings, 68229-68231 2014-26927 Declaratory Orders; Petitions: JBBR Pipeline LLC, 68231 2014-26967 Effectiveness of Exempt Wholesale Generator Status: Mountain Creek Power, LLC;

LaPorte Power, LLC; Handley Power, LLC, et al., 68231 2014-26962 Environmental Assessments; Availability, etc.: Columbia Gulf Transmission, LLC; Cameron Access Project, 68231-68233 2014-26968 Grand River Dam Authority, 68233-68234 2014-26961 Meetings: Dominion Transmission, Inc.; Additional Public Scoping Period for Proposed New Market Project, 68234-68236 2014-26960 Petitions for Declaratory Orders: Energy Producers and Users Coalition, 68236 2014-26964 Staff Attendances, 68236-68237 2014-26965 Temporary Waivers:

Noble Energy, Inc., 68237 2014-26966 Federal Reserve Federal Reserve System RULES Concentration Limits on Large Financial Companies, 68095-68107 2014-26747 NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 68243-68244 2014-26880 2014-26882 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 68244 2014-26878 2014-26975 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 68245 2014-26881 Federal Retirement Federal Retirement Thrift Investment Board RULES Privacy Act and Freedom of Information Requests, 68093-68094 2014-26933 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 68245-68248 2014-27013 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Draft Multi-Species General Conservation Plan, Douglas County, WA, 68289-68291 2014-27021 Food and Drug Food and Drug Administration RULES Division of Freedom of Information: Change of Office Name, and Removal of Address, Telephone Number, and Fax Number; Amendments, 68114-68116 2014-26914 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Export of Food and Drug Administration Regulated Products: Export Certificates, 68277-68278 2014-26999 Premarket Notification for a New Dietary Ingredient, 68275-68277 2014-26998 Prescription Drug Marketing Act, 68273-68275 2014-26917 Spousal Influence on Consumer Understanding of and Response to Direct-To-Consumer Prescription Drug Advertisements, 68278-68280 2014-26918 Meetings: Blood Products Advisory Committee; Amendment, 68280-68281 2014-26969 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 68346-68347 2014-26976 Forest Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Qualified Products Lists for Fire Chemicals for Wildland Fire Management, 68209-68210 2014-26943 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affidavit of Individual Surety, 68249-68250 2014-26936 Federal Acquisition Regulation; Place of Performance, 68250-68251 2014-26937 Privacy Training, 68248-68249 2014-26938 Meetings: GSA Labor-Management Relations Council, 68251 2014-27031 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 68286-68287 2014-26765 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Extension of Tribal-State Class III Gaming Compact, 68291 2014-27004 Privacy Act; Systems of Records, 68292-68295 2014-27033 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office NOTICES National Environmental Policy Act:

Implementing Procedures; Additions to Categorical Exclusions for Bureau of Indian Affairs, 68287-68289 2014-27015 International Trade Adm International Trade Administration NOTICES Determinations of Sales at Less Than Fair Value: Welded Line Pipe from the Republic of Korea and the Republic of Turkey; Investigations, 68213-68217 2014-26894 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Cases for Portable Electronic Devices, 68299 2014-26971 Certain Earpiece Devices Having Positioning and Retaining Structure and Components Thereof, 68298-68299 2014-26973 Citric Acid and Certain Citrate Salts from Canada and China;

Scheduling of Full Five-Year Reviews, 68299-68300 2014-26972 Justice Department Justice Department See Antitrust Division NOTICES Consent Decrees Pursuant to the Resource Conservation and Recovery Act and the Clean Water Act, 68300-68301 2014-26888 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Meetings: Pecos District Resource Advisory Council, Lesser Prairie-Chicken Habitat Preservation Area of Critical Environmental Concern Livestock Grazing Subcommittee, New Mexico, 68295-68296 2014-27016 Legal Legal Services Corporation NOTICES Meetings;

Sunshine Act, 68303-68304 2014-27062 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affidavit of Individual Surety, 68249-68250 2014-26936 Federal Acquisition Regulation; Place of Performance, 68250-68251 2014-26937 Privacy Training, 68248-68249 2014-26938 Meetings: NASA Advisory Council Aeronautics Committee, 68304 2014-26993 NASA Advisory Council Science Committee, 68304-68305 2014-26992 National Agricultural National Agricultural Statistics Service NOTICES Meetings:

Advisory Committee on Agriculture Statistics, 68210-68211 2014-27043 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Use of Official Seals and or Logos, 68305 2014-26934 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts Advisory Panel, 68305-68306 2014-26957 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 2014-26907 68282-68283 2014-26910 National Cancer Institute, 68282 2014-27057 National Institute of Diabetes and Digestive and Kidney Diseases, 68281 2014-26908 National Institute of Environmental Health Sciences, 68281 2014-26909 National Library of Medicine, 68281-68282 2014-26906 National Oceanic National Oceanic and Atmospheric Administration RULES Highly Migratory Species, 68135-68136 2014-26977 International Fisheries;

Pacific Tuna Fisheries: 2014 Commercial Fishing for Pacific Bluefin Tuna in the Eastern Pacific Ocean; Commercial Retention Limit, 68133-68135 2014-26988 PROPOSED RULES Fisheries of the Northeastern United States: Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures, 68202-68208 2014-26980 NOTICES Environmental Assessments; Availability, etc.: Potential Slant Test Well Project in the Monterey Bay National Marine Sanctuary, 68217-68218 2014-27138 Meetings:

Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review, 68218 2014-27001 South Atlantic Fishery Management Council, 68218-68221 2014-27000 Requests for Nominations: Availability of Seats for National Marine Sanctuary Advisory Councils, 68221-68222 2014-26603 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 68296-68297 2014-26928 National Science National Science Foundation NOTICES Meetings;

Sunshine Act, 68306-68307 2014-27123 Navy Navy Department RULES Certifications and Exemptions under the International Regulations for Preventing Collisions at Sea, 1972, 68118-68120 2014-26979 2014-27010 NOTICES Privacy Act; Systems of Records, 68225-68227 2014-26930 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: Callaway Plant, Unit 1; License Renewal Application, 68307-68308 2014-26788 Guidance: Aging Management of Loss of Coating or Lining Integrity for Internal Coatings/Linings on In Scope Piping, Piping Components, Heat Exchangers, and Tanks, 68308-68309 2014-27042 Meetings:

Advisory Committee on Reactor Safeguards Subcommittee on Fukushima, 68309 2014-27035 Patent Patent and Trademark Office RULES Changes to Continued Prosecution Application Practice, 68121-68124 2014-27032 Changes to Permit Delayed Submission of Certain Requirements for Prioritized Examination, 68124-68127 2014-27037 Pension Benefit Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans: Interest Assumptions for Paying Benefits, 68116-68118 2014-26981 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 68151-68152 2014-26929 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 68297 2014-27014 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 68323-68327 2014-26947 EDGA Exchange, Inc., 68327-68328 2014-26951 EDGX Exchange, Inc., 68341-68342 2014-26950 NYSE Arca, Inc., 68321-68323, 68329-68341 2014-26944 2014-26945 2014-26948 The NASDAQ Stock Market LLC, 68309-68321 2014-26946 2014-26949 State Department State Department RULES Publication, Coordination, and Reporting of International Agreements, 68116 2014-27006 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Affidavit of Relationship for Minors from Honduras, El Salvador and Guatemala, 68343-68344 2014-27040 Environmental Impact Statements; Availability, etc.: Otay Mesa Conveyance and Disinfection System Project, 68344-68345 2014-27003 Presidential Permit Applications: Columbus Land Port of Entry Replacement Facility, Columbus, NM, and Palomas, Chihuahua, Mexico, 68345 2014-27012 Statistical Reporting Service See National Agricultural Statistics Service Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 68297-68298 2014-27005 Transportation Department Transportation Department See Federal Aviation Administration NOTICES Meetings: Global Positioning System Adjacent Band Compatibility Assessment Workshop II, 68345-68346 2014-26974 Treasury Treasury Department See Foreign Assets Control Office U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Status as Temporary Resident, 68283-68284 2014-26925 Request for the Return of Original Documents, 68283 2014-26926 Customs U.S.

Customs and Border Protection NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: HVAC Outdoor Units, 68284-68286 2014-26955 Veteran Affairs Veterans Affairs Department RULES Designee for Patient Personal Property, 68127-68129 2014-26953 Medical Regulations Based on Veterans' Health Care Eligibility Reform Act of 1996: Technical Corrections, 68130-68131 2014-26954 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. 79 220 Friday, November 14, 2014 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Parts 1630 and 1631 Privacy Act and Freedom of Information Requests AGENCY: Federal Retirement Thrift Investment Board. ACTION:

Final rule. SUMMARY: The Federal Retirement Thrift Investment Board (Agency) is amending its Privacy Act and FOIA regulations to reflect the Agency's current organizational structure and to transfer responsibility for reviewing Privacy Act and FOIA requests from the Agency's Office of Resource Management (formerly known as the Office of Administration) to the Office of General Counsel. DATES: This rule is effective November 14, 2014. FOR FURTHER INFORMATION CONTACT: Laurissa Stokes at

(202)942-1645. SUPPLEMENTARY INFORMATION: The Agency administers the Thrift Savings Plan (TSP), which was established by the Federal Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514. The TSP provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351 and 8401-79. The TSP is a tax-deferred retirement savings plan for Federal civilian employees and members of the uniformed services. The TSP is similar to cash or deferred arrangements established for private-sector employees under section 401(k) of the Internal Revenue Code (26 U.S.C. 401(k)). On April 22, 2014, the Agency published a proposed rule with request for comments in the **Federal Register** (79 FR 22454). The Agency received no comments. Therefore, the Agency is publishing the proposed rule as final without modification. The Agency has eleven organizational offices: The Office of the Executive Director, the Office of Participant Operations and Policy, the Office of General Counsel, the Office of Investments, the Office of Communications and Education, the Office of Enterprise Planning, the Office of Enterprise Risk Management, the Office of External Affairs, the Office of Financial Management, the Office of Resource Management, and the Office of Technology Services. This regulation updates the list of Agency offices contained in section 1631.3. The Office of Resource Management (formerly known as the Office of Administration) currently has responsibility for reviewing, processing, and responding to initial requests for disclosure and initial requests to amend non-TSP records covered under the Privacy Act of 1974, 5 U.S.C. 552a. The Executive Director currently considers appeals of initial decisions to deny access to or amendment of records in consultation with the General Counsel. This regulation transfers the responsibility for reviewing, processing, and responding to initial requests for disclosure and initial requests to amend non-TSP records covered under the Privacy Act to the Office of General Counsel by defining “Privacy Act Officer” to mean “the Board's General Counsel or his or her designee.” The Executive Director will retain responsibility for making a final decision on appeal of an initial decision to deny access to or amendment of records. However, the Executive Director will no longer be required to consult the General Counsel before making a final determination. Freedom of Information Act The Office of Resource Management (formerly known as the Office of Administration) currently has responsibility for making initial determinations to approve or deny requests received pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552. The General Counsel currently considers appeals of initial decisions to deny requests for records under the Freedom of Information Act. This regulation transfers the responsibility for making initial determinations to approve or deny FOIA requests to the Office of General Counsel by defining “FOIA Officer” to mean “the Board's General Counsel or his or her designee.” In order to retain the opportunity for fair review on appeal, this regulation also transfers the responsibility for deciding appeals from the General Counsel to the Executive Director. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities. This regulation will affect Federal employees and members of the uniformed services who participate in the Thrift Savings Plan, which is a Federal defined contribution retirement savings plan created under the Federal Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514, and which is administered by the Agency. Paperwork Reduction Act I certify that these regulations do not require additional reporting under the criteria of the Paperwork Reduction Act. Unfunded Mandates Reform Act of 1995 Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 632, 653, 1501-1571, the effects of this regulation on state, local, and tribal governments and the private sector have been assessed. This regulation will not compel the expenditure in any one year of $100 million or more by state, local, and tribal governments, in the aggregate, or by the private sector. Therefore, a statement under section 1532 is not required. Submission to Congress and the General Accounting Office Pursuant to 5 U.S.C. 810(a)(1)(A), the Agency submitted a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States before publication of this rule in the **Federal Register** . This rule is not a major rule as defined at 5 U.S.C. 814(2). List of Subjects 5 CFR Part 1630 Privacy. 5 CFR Part 1631 Courts, Freedom of information, Government employees. Gregory T. Long, Executive Director, Federal Retirement Thrift Investment Board. For the reasons stated in the preamble, the Agency amends 5 CFR chapter VI as follows: PART 1630—PRIVACY ACT REGULATIONS 1. The authority citation for part 1630 continues to read as follows: Authority: 5 U.S.C. 552a. 2. In § 1630.2, redesignate paragraphs

(g)through

(r)as paragraphs

(h)through (s), and add new paragraph

(g)to read as follows: § 1630.2 Definitions.

(g)*Privacy Act Officer* means the Board's General Counsel or his or her designee; 3. Amend § 1630.14, by revising the first sentence of paragraph

(a)to read as follows: § 1630.14 Appeals process.

(a)Within 20 work days of receiving the request for review, the Executive Director will make a final determination on appeal. * * * § 1630.16 [Amended] 4. In § 1630.16, paragraph

(d)introductory text, remove the words and punctuation “Head, TSP Service Office”, and add, in their place, the words “Executive Director”. PART 1631—AVAILABILITY OF RECORDS Subpart A—Production or Disclosure of Records Under the Freedom of Information Act, 5 U.S.C. 552 5. The authority for part 1631, subpart A, continues to read as follows: Authority: 5 U.S.C. 552. 6. Amend § 1631.1, by revising paragraph

(e)to read as follows: § 1631.1 Definitions.

(e)*FOIA Officer* means the Board's General Counsel or his or her designee. 7. Amend § 1631.3, by revising paragraph

(a)to read as follows: § 1631.3 Organization and functions.

(a)The Federal Retirement Thrift Investment Board was established by the Federal Employees' Retirement System Act of 1986 (Pub. L. 99-335, 5 U.S.C. 8401 et seq.). Its primary function is to manage and invest the Thrift Savings Fund for the exclusive benefit of its participants (e.g., participating Federal employees, Federal judges, and Members of Congress). The Board is responsible for investment of the assets of the Thrift Savings Fund and the management of the Thrift Savings Plan. The Board consists of:

(1)The five part-time members who serve on the Board;

(2)The Office of the Executive Director;

(3)The Office of Participant Operations and Policy;

(4)The Office of General Counsel;

(5)The Office of Investments;

(6)The Office of Communications and Education;

(7)The Office of Enterprise Planning;

(8)The Office of Enterprise Risk Management;

(9)The Office of External Affairs;

(10)The Office of Financial Management;

(11)The Office of Resource Management; and

(12)The Office of Technology Services. 8. Amend § 1631.4, by revising the first sentence of paragraph

(c)to read as follows: § 1631.4 Public reference facilities and current index.

(c)The FOIA officer shall also maintain a file open to the public, which shall contain copies of all grants or denials of FOIA requests, appeals, and appeal decisions by the Executive Director. * * * 9. Amend § 1631.9, by revising paragraph (b)(5) to read as follows: § 1631.9 Responses—form and content.

(b)* * *

(5)A statement that the denial may be appealed to the Executive Director within 30 calendar days of receipt of the denial or partial denial. 10. Revise § 1631.10 to read as follows: § 1631.10 Appeals to the Executive Director from initial denials.

(a)When the FOIA Officer has denied a request for expedited processing or a request for records, in whole or in part, the person making the request may, within 30 calendar days of receipt of the response of the FOIA Officer, appeal the denial to the Executive Director. The appeal must be in writing, addressed to the Executive Director, Federal Retirement Thrift Investment Board, 77 K Street NE., Suite 1000, Washington, DC 20002, and be clearly labeled as a “Freedom of Information Act Appeal.” (b)(1) The Executive Director will act upon the appeal of a denial of a request for expedited processing within 5 work days of its receipt.

(2)The Executive Director will act upon the appeal of a denial of a request for records within 20 work days of its receipt.

(c)The Executive Director will decide the appeal in writing and mail the decision to the requester.

(d)If the appeal concerns an expedited processing request and the decision is in favor of the person making the request, the Executive Director will order that the request be processed on an expedited basis. If the decision concerning a request for records is in favor of the requester, the Executive Director will order that the subject records be promptly made available to the person making the request.

(e)If the appeal of a request for expedited processing of records is denied, in whole or in part, the Executive Director's decision will set forth the basis for the decision. If the appeal of a request for records is denied, in whole or in part, the Executive Director's decision will set forth the exemption relied on and a brief explanation of how the exemption applies to the records withheld and the reasons for asserting it, if different from the reasons described by the FOIA Officer under § 1631.9. The denial of a request for records will state that the person making the request may, if dissatisfied with the decision on appeal, file a civil action in Federal court. (A Federal court does not have jurisdiction to review a denial of a request for expedited processing after the Board has provided a complete response to the request.)

(f)No personal appearance, oral argument, or hearing will ordinarily be permitted in connection with an appeal of a request for expedited processing or an appeal for records.

(g)On appeal of a request concerning records, the Executive Director may reduce any fees previously assessed. [FR Doc. 2014-26933 Filed 11-13-14; 8:45 am]

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